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HomeMy WebLinkAbout2011-09-27-4:00PM-REGULARBRAZOS COUNTY BRYAN,TEXAS J NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS 1 COUNTY WILL M IN THE REGULAR SESSION ON SEPTEMBER 27, 20 COMMISSIONERS COURTROOM OF THE COUNTY BRYAN, ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 10 6 , 1. and Commissioner Mallard Invocation and Pledge of Allegiance - Chaplain G.H. Jones 2. Call for Citizen input and/or concerns. 3. Consider and take action on agenda items 4 - 23: 4 Resolution 11 -019 consent to the sale and authorize the execution of 2 the p urchase price of $5 000.00. 5. Health & Dental Insurance ncrease effective October 122011E emlolo ees ee & em contribution will 1. 2012. 6 Salary Schedule for FY 2012 7 Approval of Juror Pa ment Authorization Forms for Fiscal Year 2012- 8 Request from thet Information ina torte 2 criminal ranalnsis software us, tnc WIU - n.w.. ..- Dates of travel are October 23 -29 2011. 9. tte uest w� gg,g9 er da . Eric is travelin to McLean it i no official "host' hotel nor a less ex ensive hotel within a reasonable distance. ___....:.., w— ithr-are End 10. Vol. Committee to fund Stand Tall Against Tobacco for fiscal year 2011 -2012 in the amount of $40,000,00. 11. Award of RFP 2011 -33 for the Legal Representation to Indigent Juveniles. 12 Re uest from the Sheriff's Office for renewal of the annual service agreement with Voice Products Service Inc. for the i- Record Audio and Video Interviewing Equipment for October 1 2011 throucin September 30 2012. 13. Re nest from the Sheriff's Office for renewal of the Online User Agreement with Entersect for access to Entersect Police Online for October 1 2011 through Se tember 30 2012. 14 Renewal of contract with H &M Wholesale Inc. for oil change services. 15. Renewal of lease a reement with Southwood West for Constable Precinct 1 offices ace. 16. Contract SOQ 2011 -48 and tabulation sheet with Texas Commercial Waste for portable toilet rental for the Road and Bridge Department. 17. Contract SOQ 2011 -49 and tabulation sheet with Texas Commercial Waste for citizen collection site trash pick up at several locations in the Brazos County area. 18 Contract and tabulation with Ikon Office Solutions for five 5 co iers for the following departments with a total savings of $635 84 /month. • a Sheriff's Office Two (2) Ricoh MP6500 $476.00 /month • b Justice of the Peace Pct 1 One (1) MP2851spf $107.00 /month • c Justice of the Peace Pct 2.1 - One (1) MP2851spf $107.00 /month • d Justice of the Peace Pct 2.2 One (1) MP2851 spf $107.00 /month 19. Re uest from Verizon Communications to place 619 feet of buried cable installations in the right of way Andert Road at a minimum depth of 36 inches. Site is located in Precinct 2. 20. Tax Refund Applications for the following: • a Brazos Valley Cowboy Church - overpayment - $86.43 • b Kathleen May- overpayment - $1881.42 • c m CitiMortgage /First American - overpayent $6360.18 • d CitiMortga ^e /First American- overpaVment- $1337.99 • e CitiMortgage /First American - overpayment- $2794.37 • f Gail Pantel Macmillan- overpayment - $400.00 21. Budget Amendments. Budget Amendments FY 10/11 50.1 - 50.5 22. Personnel Change of Status. Personnel Action Forms 23. Payment of Claims. Office of Chief Deputy Treasurer Terri White in accordance with SB 373 24. Acknowledgement of Oath of effective Oct 1, 2011. 25. Acknowledgement of Order Determining Compensation of Court Reporters. 26. Acknowledgement of Amended Order Determining Compensation of Court Reporters of 272nd District Court. 27 Acknowledgement of the Brazos County Pu chasing Department Update for the week of September 16- 22. 2011. 28. Sheriff's report on inmate population. 5 r jo 29. Announcement of interest items and possible future agenda topics. 30. Call for Citizen input and /or concerns. 31. Adjourn. V ®1. J �� pg. .131 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? existing policy in response to an inquiry or to 551.042. - INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. call request 361f 4102n interpretive services must be made two working days before the meeting. To make arrangements, p ( ) 1 39- BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF ADDENDUM BRAZOS COUNTY COMMISSIONERS COURT In addition to the regular agenda, the Commissioners Court will consider and take action on the following item {s}: MEETING September 27, 2011 DATE: MEETING 4:00 PM TIME: MEETING Brazos County Administration Building, 200 South Texas Ave., PLACE: Suite 106, Bryan, Texas Agenda Convene into Executive Session pursuant to Texas Government code 551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Director of Building Maintenance of Brazos County. 2. Consider and possible action on the Executive Session. The Brazos County Administration Building, 200 South Texas Ave., Suite 106, Bryan, Texas 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 -4902. V ®1. I � 1 gig. 33 BRAZOSCOUNTY BRYANJEXAS MINUTES September 27, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Sig Page 9- 27.pdf 'D File Stamped Agenda.pdf :D File Stamped Addendum.odf Sian in sheet.pdf 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 4:00 p.m. on Tuesday, September 27, 2011 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and /or concerns. There was no citizen input and or concerns. 3. Presentation(s) SI Pg. 34 Presentation regarding Delinquent Property Tax Collection Activity for the period of September 1, 2010 through August 31, 2011. The Court next heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law. Consider and take action on agenda items 4 - 23: 4. Resolution 11 -019 Consent to the sale and authorize the execution of a Deed to Arthur Ray Harrison for the purchase price of $5,000.00. Item 4.pdf All three entities must be in agreement to accept less than what is owed in taxes. BISD has approved the lesser amount. It is on the agenda for the next Bryan City Council meeting in October. The property is Lot 7, Block 2, Candy Hill Addition #1 City of Bryan, Brazos County, Texas. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 5. izl Item 5.pdf Health & Dental Insurance Premiums for FY 12 for Employees & Post -2000 Retirees. The County contriburtion will increase effective October 1, 2011; employee premiums will increase effective January 1, 2012. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 6. Salary Schedule for FY 2012 ' Item 6.pdf A copy of the schedule is attached. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 7. Approval of Juror Payment Authorization Forms for Fiscal Year 2012. 'D- ,,,. Item 7.pdf This is amended from the forms approved in Court on September 20, 2011. State law specifies that the form must have a place to indicate how much the juror wishes to donate. A copy of the new form is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 8. Request from the Information Technology Department for Eric Caldwell to travel to McLean, Virginia. Eric will be attending training for the i2 criminal analysis software used by the Sheriff's investigators. Dates of travel are October 23 -29, 2011. 2D Item 8.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 9. Request for hotel reimbursement for Eric Caldwell, Director of Information Technology, at a rate of $99.99 per day. Eric is traveling to McLean, Virgina for i2 criminal analysis software training. There is no official "host" hotel, nor a less expensive hotel within a reasonable distance. ID Item 9.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 10. Approval of Recommendation of the Brazos County Community Healthcare Endowment Fund Review Committee to fund Stand Tall Against Tobacco for fiscal year 2011 -2012 in the amount of $40,000.00. Item 10.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 11. Award of RFP 2011 -33 for the Legal Representation to Indigent Juveniles. 10 Item 11.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 12. Request from the Sheriff's Office for renewal of the annual service agreement with Voice Products Service, Inc. for the i- Record Audio and Video Interviewing Equipment for October 1, 2011 through September 30, 2012. Item 12.odf A copy of the service agreement is attached. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 13. Request from the Sheriff's Office for renewal of the Online User Agreement with Entersect for access to Entersect Police Online for October 1, 2011 through September 30, 2012. 21 Item 13.odf 14. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . Item 14.pdf Renewal of contract with H &M Wholesale Inc. for oil change services. All terms, conditions and pricing shall remain the same. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by pg. von. Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 15. Renewal of lease agreement with Southwood West for Constable, Precinct 1 office space. 29 Item 15.odf Term of the lease is for one year beginning October 1, 2011 and terminating on September 30, 2012 at monthly rate of $1,650.00. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 16. Contract SOO 2011 -48 and tabulation sheet with Texas Commercial Waste for portable toilet rental for the Road and Bridge Department. Item 16.odf A copy of the bid tabulation sheet is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 17. Contract SOO 2011 -49 and tabulation sheet with Texas Commercial Waste for citizen collection site trash pick up at several locations in the Brazos County area. D Item 17.odf A copy of the Contract is attatched. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 18. Contract and tabulation with Ikon Office Solutions for five (5) copiers for the following departments with a total savings of $635.84 /month. Item 18.odf • a. Sheriff's Office - Two (2) Ricoh MP6500 $476.00 /month • b. Justice of the Peace Pct. 1 - One (1) MP2851 spf $107.00 /month • c. Justice of the Peace Pct. 2.1 - One (1) MP2851 spf $107.00 /month • d. Justice of the Peace Pct. 2.2 - One (1) MP2851 spf $107.00 /month Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 19. Request from Verizon Communications to place 619 feet of buried cable installations in the right of way Andert Road at a minimum depth of 36 inches. Site is located in Precinct 2. Item 19.odf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 20. Tax Refund Applications for the following: '®� -- Pg• ----- Z Item 20.pdf • a. Brazos Valley Cowboy Church - overpayment - $86.43 • b. Kathleen May- overpayment - $1881.42 • c. CitiMortgage /First American - overpayment - $6360.18 • d. CitiMortgage /First American - overpayment - $1337.99 • e. CitiMortgage /First American - overpayment - $2794.37 . f. Gail Pantel Macmillan- overpayment - $400.00 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 21. Budget Amendments. Budget Amendments FY 10/11 50.1 - 50.5 Item 21.pdf 50.1 Reallocate funds for County Court at Law #2 50.2 Reallocate funds for Information Technology 50.3 Transfer funds from General Fund Contingency to Court Support - Criminal 50.4 Reallocate funds for Justice of the Peace Precinct 2, Place 2 50.5 Reallocate funds for Non - Departmental Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 22. Personnel Change of Status. Personnel Action Forms Item 22.pdf ID Item 22 forms Part 3pdf.odf Abstention- 9- 27.ipa A copy of the Personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members voting Abstain: Wassermann . 23. Payment of Claims. Claims Sheet.pdf try BILL LIST 9.27.11.odf 7090923 through 7091177 24. Acknowledgement of Oath of Office of Chief Deputy Treasurer Terri White in accordance with SB 373 effective Oct 1, 2011. Item 24.3df The Court acknowledged receipt of the Oath of Office of the Chief Deputy in the Treasurer's Office. 25. Acknowledgement of Order Determining Compensation of Court Reporters. §�1 Item 25.r) Vol. /6/ pg. The Court acknowledged receipt of the Order Determining Compensation of Court Reporters for the District Courts. 26. Acknowledgement of Amended Order Determining Compensation of Court Reporters of 272nd District Court. Item 26.pdf The Court acknowledged receipt of the Amended Order Determining Compensation of Court Reporters of the 272nd District Court. 27. Acknowledgement of the Brazos County Purchasing Department Update for the week of September 16 -22, 2011. LD Item 27.pdf The Court acknowledged receipt of the Brazos County Purchasing Department Update for the week of September 16 -22, 2011. 28. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 646 inmates in jail, 63 have electronic monitors and 36 are pending for monitors. 29. Announcement of interest items and possible future agenda topics. There were no announcements. 30. Call for Citizen input and /or concerns. There was no citizen's input. At this point, the County Judge considered an addendum to the agenda which was to convene into Executive Session pursuant to Texas Goverment code 551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Director of Building Maintenance of Brazos County. At 4:33 p.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session. The following individuals were asked to remain for the meeting: Candy Gallego, Executive Assistant Jennifer Salazar, Director Human Resources Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel At 4:49 p.m. the County Judge announced the meeting open to the public and then considered the second item on the addendum, which was possible action on the Executive Session. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to promote Ernest Stutts to Maintenance Director effective September 28, 2011. 31. Adjourn. The foregoing minutes of the Commissioners Court meeting held September 27, 2011 have been examined and are approved in open Court this ) 44' day of nc �D� , 2011, in Bryan, Brazos County, Texas. Duane Peters Lloyd IVassermann County Judge Commissioner, Precinct 1 Sammy Catalena Commissioner, Precinct 2 Irma Cauley Commissioner, Precinct Attest: Karen McQueen County Clerk l c� Kenny Mallard Commissioner, Precinct 3 Vol 1 Page ly 0 BRAZOS COUNTY COMMISSIONERS COURT Meeting on 51Pi —,, 27, Name Organization / Department G✓r i Va i./ - V ,� LJ v %F of 5-/, von. BRAZOS COUNTY COMMISSIONERS COURT Meeting on Nam �`ulvr' PAGE of RESOLUTION Whereas, Cause No. 09- 001756 -CV -272, County of Brazos v. Ernest E. Nowlin et al was filed in the 272" `i District Court of Brazos County, Texas to collect delinquent taxes on the following described property, to wit: Lot 7, Block 2, Candy Hill Addition #1, City of Bryan, Brazos County, Texas being that property more particularly described in Volume 2258, Page 184 of the Official Public Records, Brazos County, Texas Whereas, the District Court of Brazos County, Texas granted Judgment on July 26, 2010, in favor of the taxing jurisdictions of Brazos County as follows: County of Brazos 1,110.74 City of Bryan 1,550.10 Bryan ISD 3,846.70 Total Due 6,507.54 Market Value 13,630.00 (According to Brazos County Appraisal District) Whereas, said property was offered for sale on September 6, 2011 by the Sheriff of Brazos County, at public auction pursuant to judgment of the District Court of Brazos County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes and accrued penalty and interest; and Whereas, said property did not receive a sufficient bid as set by law and was struck off to the County of Brazos, for the use and benefit of itself and the City of Bryan and Bryan Independent School District pursuant to Section 34.01 (c) Property Tax Code; and Whereas, Arthur Ray Harrison has tendered an offer of $5,000.00 to purchase said property; and Whereas, the taxing units involved desire to resell said property in an expeditious manner pursuant to Section 34.05 Property Tax Code. Wherefore, Be It Resolved that the County Commissioners of the COUNTY OF BRAZOS do hereby consent to this sale and we do hereby authorize the Cu chase of price of $5,000.00. through the presiding officer of its body to execute a Deed to Arthur Ray Harrison for p p )n' ��p , 2011 This resolution is adopted on this the �! day of A f'Yl Commissioners of the COUNTY OF BRAZOS, Duane Peters, County Judge County ommissioner ,Precinct 1 County Commis oner, Precinct 2 by the County q 3 Vol. / 5 1 Pg. - BRAZOS COUNTY HUMAN RESOURCES DEPARTMENT 200 S_ TEXAS AVE SUITE 206, BRYAN,TX 77803 PHONE (979) 361 -4114 FAX (979) 823993 MEMORANDUM Date: September 21, 2011 To: Commissioner's Court From: Jennifer Salazar HR Director Subject: Health and Dental Premiums for FY 112 Below are the proposed monthly premiums for FY '12 for Employee & Post -2000 Retiree Medical and Dental insurance: Employee Employer .."It 1,1111 it] it, 11 Contribution • Em to ee Onl S 50.00 $ 682.00 Employee & spouse $ 372.00 $ 682.00 Employee & Child(ren) $ 250.00 $ 682.00 $ 612.00 $ 682.00 Employee & Family 24.00 1 $ 10.00 Employee & 10.00 Amuse $ 63,00 $ It 55.00 I S 10.00 $ 104.00 1 $ 10.00 The County contribution will increase effective October 1, 2011. The increase in Employee premiums will be effective January 1, 2412. Pre -2000 Retiree insurance premiums will remain the same as last year. t /,�5/ pg. 44 zzz z zzz z zzz z zzz D DDZ z zzz z zzz z zzz Z Zzz z zz D DZ $ $$z z zzz z zzz Z Zzz z zzz m m zzz z zzz z zzz z zzz E ccc c Ez z zzz z zzz z zzz z zzz z zzz z >c c zzz z zzz z zzz Z cc c c 3 3ccDC H H ccc c DDD� D DD�+ � r W �DD� D r r N D��� � �t-f y y � �r� � (O r �DD D r r W DDDJ � r r ��t-W � �a� > >�'�N r r r W r p g r r oO g g$� + Q n n� Q �0�� o off$ � �'o�o o o o o& 0 0�8 g QQ Q Q z O N N N N O N N O N N p 0 0 1D 0 0 1 p m m J 0 N 0 m m 0 0 0 m 0 0 U b b Q Q W W J C 0 V W W N O O A W W + V V N p p ppN N N A V V 8W m m G W N G N v v W W _ z O W J CO + + ANA W pAp ` W OD U U V V� aO d do W W W IQV � �N�rY, d dA, /,mj N N W .. p SOO V p pO q q Q GM W WNN � �T V �p p p� w o O 80 S S $ $�S N pOO O O W A v SO S a� W p C OS S SOS O ONLO o ONO S OO p pNb S Vol. v6 Pg. ;LJ 161 - -`l_ N 0 N � AC mZ o� m� o� O A x Z O a � ®�. 1 � 1 ��..� � 7 �. w N 6 VOL -- / P L6-11 1m a 0 a N C C 'p N G L co a v C cn p 0 G1 �' L O C v v D n z 2 N D w r m C1 n 0 Q T_ n D r <m D N v N � C!1 D �a -c N �o m z m v A mm O � 77 Z v D N Brazos County �►�tarc Hamfin District Clerk 300 E. 26' St., SUite 216 Bryan TX 77803 (979) 361- 4230-4240 JUROR PAYMENT AUTHORIZATION FORM Juror Name: Court: Reimbursement Rate: $6.00 Summons ID: Date: Thank you for your jury service in Brazos County. Texas law entitles you to receive reimbursement for your travel and other expenses. In Brazos County, the rate is set at $6.00 for the day of Jury Selection. If you are selected to serve as a juror, you are entitled to receive $34.00 per day after the first day. Again, thank you for your jury service. Sincerely, ^ M c Hamlin, District Clerk Please check one: ❑ I want to be paid. ❑ I do not want to be paid. ❑ 1 want to donate the following amount(s) as indicated below. Crime Victims' Compensation Fund Provides service to assist victims of crime. I want to donate $ to this charity. Juror's Signature Brazos County Child Welfare Board Advocates for the protection of children from abuse and neglect. I want to donate $ to this charity. Vol ' :§—i Pg. `t 5 Date Brazos County L- 44L Marc Hamfin District Clerk Soo E. 26" St., Suite 216 Bryan 7X 77803 (979) 361 -4230 JUROR PAYMENT AUTHORIZATION FORM Juror Name: Summons ID: Court: Date: Reimbursement Rate: $34.00 Thank you for your jury service in Brazos County. Texas law entitles you to receive reimbursement for your travel and other expenses. Now that you have been selected as a juror or Jury Selection has lasted more than one day, you are entitled to receive $34.00 per day after the first day. Sincerely, Xt- M�rc Hamlin, District Clerk Please check one: ❑ I want to be paid. ❑ 1 do not want to be paid. ❑ I want to donate the following amount(s) as indicated below. Crime Victims' Compensation Fund Provides service to assist victims of crime. I want to donate $ to this charity Juror's Signature Brazos County Child Welfare Board Advocates for the protection of children from abuse and neglect. I want to donate $ to this charity. L V61 - 11 . Date BRAZOS COUNTY COMMUNITY HEALTHCARE ENDOWMENT FUND a. 201 NORTH TEXAS AVENUE • BRYAN, TEXAS 77803 -5317 979/361 -4440 * Fax 979/823 -2275 TO: Brazos County Commissioners Court FROM: Sara Mendez, M.S. CHEF Liaison DATE: September 21, 2011 RE: CHEF funding recommendations for FY 2011 -2012 It is the unanimous recommendation of the Brazos County Community Healthcare Endowment Fund (CHEF) Review Committee to fund one agency for fiscal year 2011 -2012. The following agency is recommended for funding for their proposed program: AGENCY: Stand Tall Against Tobacco AMOUNT: $ 40,000.00 PROGRAM: Stand Tall Against Tobacco (STAT) TOTAL: $40,000.00 Thank you for allowing members of the CHEF Review Committee to serve the citizens of Brazos County in this manner. APPROVED Duane Peters Date County Judge Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2011 -33 LEGAL REPRESENTATION TO INDIGENT JUVENILES REQUEST FOR PROPOSAL NO. 2011-33 October 1, 2011 through September 30, 2012 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building 200 S. Texas Ave., Ste. 352 Bryan, Texas 77803 Telephone (979) 361 -4291 F. CERTIFICATION OF PROPOSAL Bid Request No. 2011 -33 The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. Signed by: " L4 �rl'� Partner Patrick Gendron on behalf of Gendron & Thibodeaux Title Company Name: Gendron & Thibodeaux Phone No. (979) 775 -9500 Mailing Address: 219 N. Main St., Ste. 302 Bryan, TX 77803 Employer Identification Number: 74- 2964609 Social Security No.: Gendron 464 -75 -4626 Thibodeaux 454 -37 -5338 E-mail address: gendron @suddenlinkmail.com CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 20I 1 -33 By signing below, Brazos County agrees that this bid, 2011 -33, will be awarded as dictated on the associated bid tabulation sheet, to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: --- -- Brazos Countv Commissioner's Court Date [/c::A _1 / 11 Attest: Brazos County Clerk ]5 V®. �^ E or T f, �F o� 440 Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court selection for the District and County Courts at Law Judges on the following= DATE: September 16 2011 0-03 INIFRIM REQUEST FOR PROPOSAL NUMBER: 2011 -33 REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Legal Representation to Indigent Juveniles REQUESTING DEPARTMENT: Purchasing SELECTION: Patrick Gendron & Lane Thibodeaux APPROVAL SIGNATURE: Duane PAhrs, County Judge DA TE APPROVED: 9 f 17g• -3 .3 VOKE PRODUCTS SERVICEr I tis SERVICE CONTRACT BETWEEN Brazos County Office of the Sheriff and VOICE PRODUCTS SERVICE, LLC Regarding the maintenance of Equipment installed at: Brazos County Office of the Sheriff 1700 Highway 21 West Bryan, TX 77803 VOICE PRODUCTS SERVICE, LLC 8655 East 32nd Street North Wichita, KS 67226 (316) 616 -1111 FAX (316) 263 -1823 C' � `T Pg. voi. AAL V. SERVICE CONTRACT This contract is between VOICE PRODUCTS SERVICE, LLC, 8558 East 32nd Street North, Wichita, KS 67226, hereinafter referred to as VOICE PRODUCTS, which shall include the authorized representatives of VOICE PRODUCTS and Brazos County Office of the Sheriff, hereinafter referred to as the Customer. This Contract covers the Equipment described in invoice number AR44383 and is attached to and is a part of this contract. WHEREBY IT IS AGREED AS FOLLOWS: Conditions of Equipment at Commencement of Contract: VOICE PRODUCTS represents and warrants that the Equipment operates within the manufacturer's specification and has been comprehensively inspected by a qualified engineer, trained and skilled in the performance of the specific services invoiced, and delegated by the manufacturer. Furthermore, any coverage or rights of the Customer under any other warranties shall remain in effect, and shall not be mitigated by virtue of this Contract. GENERAL INFORMATION Normal Service Hours: Normal on -site service hours are 8:00 AM to 5:00 PM, local time of the Install Location, Monday through Friday, excluding the VOICE PRODUCTS holidays listed below. Extended Service Hours are hours outside of the Normal Service Hours_ VOICE PRODUCTS' normal once hours are 8:00 AM to 5:00 PM central time. In the event that a holiday falls on a weekend, VOICE PRODUCTS reserves the right to designate a weekday as a holiday for employees. How to Report a Problem: Customer will report technical problems with Equipment or software to the VOICE PRODUCTS Help Desk. Trouble tickets may be opened via telephone contact by dialing (800) 466 -1152 or (316) 616 - 1111. If calling outside of normal business hours an on -call Product Support Engineer will be paged. If your preference is for VOICE PRODUCTS to wait until the next Revision Date August 25, 2011. Page 2 of 15 G v®i. Holidays: _Company • New Year's Day • Easter Sunday • Memorial Day • Independence Day • Labor Day • Thanksgiving Day • Day after Thanksgiving • Christmas Day In the event that a holiday falls on a weekend, VOICE PRODUCTS reserves the right to designate a weekday as a holiday for employees. How to Report a Problem: Customer will report technical problems with Equipment or software to the VOICE PRODUCTS Help Desk. Trouble tickets may be opened via telephone contact by dialing (800) 466 -1152 or (316) 616 - 1111. If calling outside of normal business hours an on -call Product Support Engineer will be paged. If your preference is for VOICE PRODUCTS to wait until the next Revision Date August 25, 2011. Page 2 of 15 G v®i. business day to address the issue, please indicate so in your voice message. Customer may also report problems by email to suaportavoiceoroducts.com. We kindly ask that you do not attempt to contact a Product Support Engineer directly. Customer's Designated Contact should be prepared with the following information when reporting a problem; 1. Serial number of Equipment with problem being reported (if applicable) 2. Steps Customer has taken to troubleshoot and attempt to resolve before contacting VOICE PRODUCTS. 3. Specific error message being received. (if applicable) 4. Specific agents not being recorded, with agent iDS, extensions, channels (if applicable) 5. Instructions on what to do if reboot is required (e.g., authorized to reboot or Product Support Engineer must get authorization before rebooting) 6. If calling about an existing ticket, provide the ticket number. The Product Support Engineer will triage the initial symptoms reported. If necessary, the engineer will remote into the Customer's system to conduct remote diagnostics as well as continue to try and resolve the problem over the telephone. If an issue appears to be product software related, a ticket with the manufacturer may be opened. The Technical Services Manager will determine if an on -site visit is required by a Product Support Engineer to resolve the problem. The Customer will designate at that time the Customer Contact from whom the Product Support Engineer will take direction and who will be the primary communication link while on -site. When on -site, the Product Support Engineer will communicate directly with the Customer Contact regarding arrival to and departure from premises, work requirements in sensitive locations, and needed Customer assistance. Before departure the Product Support Engineer will request signature on a service statement, which reports to the Customer Contact the work that has been done and describes any outstanding issues. Severity Levels and Escalat on Path: Severity Level 1 — "CRITICAL FAILURE" —Any failure of covered items which results in loss of substantial number of recording channels, affected users, or data (audio, screens or both), or if allowed to persist will result in such loss. The loss has been shown to be caused by a defect in covered Items. (e.g. Hard drive down, unable to record on one or more systems), and NOT defects in 3'd party products or within the Customer environment. Revision Date August 25, 2011. Page 3 of 15 VOL RESPONSE CATEGORY NORMAL RESPONSE TIMES Call Back Response Time Sixty (60) minutes after receipt of call from Customer's authorized representative. On -Site Response Time Six (6) hours or less or Product Support Engineer on first available fli ht to site, once the need for on -site support has been determined. Level of Service Reasonable effort until the problem is resolved or a work around is provided. The resolution process is ongoing until the problem is solved. Critical failures are ically resolved within 24 hours. Severity Level 2 - "LIMITED FUNCTIONALITY" - The majority of the users at a Customer's site are affected, but the problem does not affect the system functionality. The problem has a high visibility and although there may be a work around, performance may be degraded or functions limited. Problem may be due to a non - critical part failure or software malfunction. Level 2 problems frequently require manufacturer involvement, and occasionally require manufacturer R &D -level involvement, which may take longer to resolve. (e.g., evaluation form is unavailable, reporting is unavailable). RESPONSE CATEGORY Call Hack Response Time NORMAL RESPONSE TIMES Two (2) hours after receipt of call from Customer's authorized re resentative. On -Site Response Time These problems are typically corrected via remote access to the if to resolve remotely within 72 hours, and if final system. not able diagnosis of problem reveals a need for on -site personnel, an on-site visit will be scheduled. Reasonable effort until the problem is resolved or a work around is Level of Service provided. The resolution process is ongoing until the problem is solved. Severlity Level 3 "WO K IMPEDING OR INCONVENIENT" - A single user or small percentage of users are affected, or the problem has limited visibility. RESPONSE CATEGORY NORMAL RESPONSE TIMES Call Back Response Time Within 24 hours after receipt of call from Customer's authorized resolved via remote system access lution process is ongoing until the problem is solved. Revision Date August 25, 2011. Vol. / 6 % _fig. Page 4 of 15 ICE PRODUCTS Siam LLC Severity revel 4 — "SYSTEM INQUIRY" — Request for information, request for service work unrelated to a break -fix situation, request for technical correction when not service impacting (e.g., end user applications assistance, audio tape recovery). RESPONSE CATEGORY NORMAL. RESPONSE TIMES Call Back Response Time Within 48 hours after receipt of call from Customer's authorized re resentative. On -Site Response Time Typically resolved via remote system access Level of Service The resolution process Is ongoing until the problem is solved. Escalation Contact Table NAME T TITLE E EMAIL ADDRESS P PHONE NUMBER Donna Dill T David Essary T Revision Date August 25, 2011. Page 5 of 15 vo. LLC ,°. What Level of Service does my Service Plan Provide? Annual support coverage will be in accordance with the Service Plan purchased. • Remote Diagnostics (24 hours/7 days a week including holidays) On -site Hardware Support — Parts and Labor (2417 excluding holidays) On -site Software Support — Labor (2417 excluding holidays) One Annual "Refresher' Training Session (on -site travel costs billable) Travel Expenses included for supper visits. Remote Diagnostics (Monday -Friday 8 -5 local, excluding holidays) On -site Hardware Support — Parts and Labor (Monday - Friday 8 -5 local time, excluding holidays) On -site Software Support — Labor (Monday - Friday 8 -5 local time, excluding holidays) Travel Expenses included for support visits. (Monday -Friday 8 -5 local time, excluding holidays) • After hours Remote Diagnostics, Hardware Support and Software Support at hourly Remote Diagnostics (Monday - Friday 8-5 local, excluding holidays) On -site Hardware Support at hourly rates; Customer pays for parts. • On -site Software Support at hourly rates. Customer pays travel expenses. Installation & training for software u dates /enhancements are billed at Routine Visits VOICE PRODUCTS d'ust he Equipment. and to specified ta n Ithe this Equ Equipment SERVICE in good work working order examine, test a 1 in accordance with this Contract. 2. Repair and RepigggWgnts ex maybe reels and ape. VOICE uROrepair U or cell repair or replace all beat defective additional charge to the except tape reels and tape. Customer except if caused by accident or negligence or improper use on the part of any person other than the staff of VOICE PRODUCTS or if caused by unsuitable electricity supply. All defective component parts so replaced shall become VOICE PRODUCTS property. All repair parts shall be new or warranted as new. Revision Date August 25, 2011. Page 8 of 15 "Vol. VOICE ftoDUCTS URM, r1.0 Gam' 4 3. Uabillty Except as herein expressly stated, VOICE PRODUCTS shall not be liable for consequential loss, damage, or injury arising from any stoppage, breakdown, or failure of the Equipment, save where caused by the negligence of or breach of this Contract by VOICE PRODUCTS or their failure to exercise reasonable skill and care in carrying out any work pertinent to this Contract, but VOICE PRODUCTS shall use its best endeavors to remedy any stoppage as Promptly as it is able and likewise shall use its best endeavors to keep the Equipment in good worsting order. If, however, personal injury or damage to property is caused by the negligence of VOICE PRODUCTS, then VOICE PRODUCTS shall accept liability. VOICE PRODUCTS SERVICE, LLC is the primary work. Service work will be performed by VOICE PRODUCTS, service INC. . an its employees. 4. User's Responsibilities A within the Un ited StatesQ eiadily accesproper ible forr visits from tVOICE PRODUCTS service personnel. location personnel. B. Promptly notify VOICE PRODUCTS at the above address of any change in location of the Equipment. der to C. Make all within a0 payments s of the date n wh ch s chhlpaymenntts are xpre sed to be ayablestated hereunder. D. Promptly notify VOICE PRODUCTS of faults, service issues or defects in the Equipment. E. Provide an aduate and suitable VOICE PRODUCTS to the Customer the salesip sales proposal. with advice given by roposa[ in F Do such minor maintenance as is required for normal day - today operation. Maintenance is specified in the manual provided with the Equipment. G. Use for the operation and permitted Customer servicing of the Equipment (as defined by VOICE by VOICE PRODUCTS or equivalent only approved by theimanufacturer. ilubricants) PP H. Provide VOICE PRODUCTS' service personnel full and reasonable access to the Install Location(s) and the System for the purpose of performing maintenance. 1. Provide a safe working environment for VOICE PRODUCTS' service personnel. J. Provide VOICE PRODUCTS, at no charge, reasonable access to and use of any machines, attachments and/or communications facilities which are necessary to facilitate maintenance. K. Maintain and control proper site environmental conditions and perform any routine maintenance procedures (such as cleaning of Audio Drives and air filters) as prescribed in manufacturer's operations manual pertaining to the Equipment. With the exception of the routine procedures referenced In this section, Customer shall not perform, or cause to be Revision Date August 25, 2011. Page7of15 151 Pg. 40 �iva� E C i/,�,t r'�..u.>Csacar�'�► %' �,�edi�lcec�0 performed maintenance or repair of the System without prior approval of VOICE PRODUCTS. L. Make available the Install Location(s) at such time as may be requested by VOICE PRODUCTS and approved by the Customer for installation of any engineering change order. E PRODUCTS remote troubleshooting and help desk M. Provide remote access for VOIC support. N. Perform port. system administration (e.g., performing moves, adds and changes, defining user status and system permissions, changing and labeling audio tapes): completed system administration training for on -site administrators is mandatory. O. Contact VOICE PRODUCTS prior to installation of other third party software (such as anti- virus software) to confirm compatibility with the Customer's system. P. Contact VOICE PRODUCTS before making changes or modifications to System logins and passwords. Q. Contact VOICE PRODUCTS before making changes to systems that integrate with your System (e.g., switch upgrades, CTI servers, network or firewall changes) to determine if there are implications to your system. R. Ensure Customer's designated contact(s) is (are) fully trained on proper administration, use and functionality of the system. S. Use best efforts to conduct problem triage before reporting problems to VOICE PRODUCTS. T. Provide regular and frequent communication to VOICE PRODUCTS to assure proper understanding of Customer issues and provide feedback to VOICE PRODUCTS with confirmation that an issue has been resolved. 5. VOICE RR D CTS Res onsibilitles VOICE PRODUCTS provides basic maintenance services in support of the software and Equipment for the term purchased. Basic maintenance services offered Include: A. Maintaining a technical support center with a twenty-four hour help desk, seven (7) days a week, pment and/or year ftwarre allows nd to report that the system has malfunctioned or Is Equipment inoperative. B. Once the Customer has placed a service request, and prior to any on -site work, VOICE PRODUCTS will work with the Customer to remotely troubleshoot and resolve the issue with the Customer. For technical issues that cannot, in VOICE PRODUCTS' judgment, be Revision Date August 25, 2011- Page 8 of 15 voi. eE P"evas SUMCE, LLC 4ly _'T_;C.. .. . Z ,/w. resolved remotely, an authorized VOICE PRODUCTS representative will provide on -site technical support. C. Using all responsible diligence to correct verifiable and reproducible errors to the software when reported to VOICE PRODUCTS in accordance with VOICE PRODUCTS' standard reporting procedures. Upon verifying that an error is present, VOICE PRODUCTS shall work along with the manufacturer in such a manner which is necessary toward correction of the error. D. Performing repairs and regular maintenance practices as are necessary #o maintain e Equipment in good working condition. E_ Furnishing parts and software changes including manufacturer software patches or service packs are necessary to maintain the Equipment in goad working condition; also including replacement of hardware components upon determination by VOICE PRODUCTS that hardware failure has occurred. Customer shall return the failed hardware component to VOICE PRODUCTS within fifteen (15) days of receipt of the replacement component or ho may be an -site. return the defective unit to a VOICE PRODUCTS Engineer w F. Dispatching service personnel on-site to the Install Location(s) when necessary as determined by VOICE PRODUCTS. If VOICE PRODUCTS dispatches its service personnel, Customer will be billed according to the Service Plan purchased. G. if Customer requests the performance of services that are outside of or in addition to the scope of services covered under the Standard Maintenance Policy or the Service Plan purchased, such services may be furnished by VOICE PRODUCTS on a time and materials basis at VOICE PRODUCTS' prevailing hourly rates, subject to availability of VOICE PRODUCTS' service personnel. services in a professional H. Limited Warranty. VOICE PRODUCTS shall perform its support manner in accordance with accepted industry practice. VOICE PRODUCTS' obligations to furnish repairs, parts and materials or correct any errors shall be limited to the maintenance terms of this Support Policy, and the service plan purchased and the manufacturer's limited warranty provided at the time ofe m acccordan a with PRODUCTS' maintenobligation ance terms set forth in this services for the software shall b SERVICE CONTRACT, such that the software will perform in substantial conformance with the manufacturer's published specifications as amended from a time to time. be superseded by wawarranty set forth by the manufacturer at the time of p this SERVICE CONTRACT. 1. In the event Customer requests service for a technical issue that proves not to be caused by a defect in VOICE PRODUCTS Equipment, the Customer shall pay to VOICE PRODUCTS at its address stated above, the appropriate charges for labor and travel. G. Quration This contract maey be terminated effective at dates are upon ocumented in prior ppend notice by either party to the other. 7. Rates and Charges Page g of 15 Revision Date August 25, 2011. Vol I ifi $[OKI# LLC A. The yearly charge described in Appendix 1, appended hereto, will become payable to VOICE PRODUCTS at its address stated above on the first day of each contract year (as defined in Clause 7 above). 13. In consideration of the Maintenance to be provided herein, Customer will pay VOICE PRODUCTS or the contracting business partner its maintenance fees based on the Service Plan purchased. VOICE PRODUCTS reserves the right to change the maintenance fees and service plans upon the expiration of the then-current Maintenance after support term, provided that, no such change will be effective until thirty (3 0) Y aft VOICE PRODUCTS has given Customer notice of such change. C. Any and all additional time and material charges, hourly or per diem, other charges and /or reimbursable expenses required to be paid by Customer for additional services or services not covered under this Policy, shall be invoiced to Customer after such services were provided and reimbursable expenses were incurred by VOICE PRODUCTS. Customer shall pay the invoiced amount within thirty (30) days from the date of such invoice. D. If, at Customer's request, maintenance is performed during extended services hours not covered by the purchased service plan, then Customer shall pay an additional charge, at VOICE PRODUCTS' then current hourly rate, plus reasonable travel expenses incurred by VOICE PRODUCTS. A minimum of one (1) hour will be invoiced if on -site services are requested during n extended service hours. Maintenance performed during Customer's request ill be billed according to service plane hours at other th pu chased. E. Maintenance for Additional Equipment: Additional Equipment and software acquired by Customer from VOICE PRODUCTS during the term of this policy will be automatically added to list of covered hardware and software following the installation E eof Equipment andlor software. Allowing for a 90-day warranty period VOICE PRODUCTS will issue an invoice on a coterminous basis for the prorated maintenance support feel. F. Manufacturer Hardware /Software Obsolescence: In the event that any of the installed ured by or supported by the hardware or software components are no longer manufact manufacturer, VOICE PRODUCTS will attempt to continue to maintain the Equipment. If a repair is not possible, VOICE PRODUCTS will compute the remaining amount of the annual Maintenance Support purchased which covers the Equipment, software or part in question and to apply said amount as a discount toward the purchase of a new service contract. S. Variation of Charges A. If the Equipment is added to or altered, then VOICE PRODUCTS may make appropriate variations in the charges payable under Clause 7 above. Any such variations shall be Revision Date August 25, 2011. Page 10 of 15 63 .west � s�tatd subject to Customer's approval, which shall not be unreasonably withheld. B. Should it become necessary, VOICE PRODUCTS may review any charge payable under this contract. if VOICE PRODUCTS considers it necessary to revise any such charges, it shall, at least three months prior to the and of the current invoicing year, submit a written proposal detailing the revised charges. If the Customer shall consider the revised charges to be unreasonable, the Customer shall have the right to terminate this Contract in accordance with Clause 7 above. }, Ale Ins A. VOICE not, in (wh (which shall of circumstances, unreasonably withheld). ent without 13, At the Customer's request, VOICE PRODUCTS will, so far as n practicable, ove, alter, or add to the Equipment y OlICE PRODUCTS may make approp ciasfa services as approved b 10. Defaults If the Customer shall fail to make payment, as defined in Clause 5c, or if either party shall be in continual or material breach of its obligations hereunder, the other parry may forthwith, by written notice, terminate this Contract without prejudice to pre- existing rights. 11. ForceM, e Neither party hereto shall be under any liability for failure or delay in performing their respective obligations hereunder which are attributable to causes beyond the relevant party's reasonable control, each party acting reasonably and using Its best efforts, based on good faith, to perform such obligations. 12, Confidential'( VOICE PRODUCTS shall not disclose any information about the Customer, its business, or its customers to any third party without the prior consent of the Customer. For the purpose of this clause, customer shall include any partner of or body associated with the Customer, and/or any affiliate or subsidiary of the user. The foregoing obligation of confidentiality shall survive any termination of this Contract. 13, Excluded From Coverage Maintenance to be provided under the Standard Maintenance Policy does not include services for repair of damage, replacement of parts, correction of errors or defects, or increase of service time attributable to the following reasons: Revision Date August 25, 2011. Page 11 of 15 `1 ®f. is�,. �4 V KIP A. Any problems resulting from the misuse, improper use, abuse, alteration, or damage of the System. B. Any problems caused by modifications in any versions of the software not made or authorized in writing (in advance) by VOICE PRODUCTS or the manufacturer. C. Any problems resulting from the combination of the System with such other programming, Equipment or materials not supplied by VOICE PRODUCTS or to the extent such combination has not been approved in writing by VOICE PRODUCTS or the manufacturer. D. Any problems resulting from the Customer or operation of the system for purposes for which it was not designed. E. Problems resulting from unusual physical or electrical stress (such as power, UPS or air conditioning failure), accident, neglect or acts of nature, and any other similar causes beyond VOICE PRODUCTS' control. F. Electrical work external to and not connected with any covered Products. G. Moves, adds and changes requested by Customer, these functions should be performed by the Customer's System Administrator, completed system administration training for the on- site administrator is mandatory. H. Requests for additional training (unless provided in Service Plan purchased by Customer.} I. Software version upgrades which provide substantially modified functionality to the original installed system such that R is considered by the manufacturer to be a new product or new version release, such product or new version release upgrades may be subject to an additional charge, based on the products purchased. J. Relocation of Equipment. Upon request of Customer, VOICE PRODUCTS will provide a price quotation for relocating the Equipment to a new site. In the event Equipment is moved or relocated by other than VOICE PRODUCTS personnel, VOICE PRODUCTS shall have the right to evaluate the Equipment and Its new site and environmental conditions as a condition for continuing maintenance on the Equipment and to bill Customer at its then prevailing rates for such inspection and any labor, material and adjustments which, in VOICE PRODUCTS' opinion, are necessary to restore the Equipment to good operating, K. Requirements for VOICE PRODUCTS to go on -site to resolve an issue because remote access was not provided by Customer. If, in VOICE PRODUCTS' judgment, the work could have been completed remotely, Customer will be charged time and material rates for this work in addition to the annual maintenance fee. Revision Date August 25, 2011. Page 12 of 15 V(Nct proof APPENDIX 'I Level of Service Purchased: Platinum Gold X Silver (as defined in General information) and Hardware One Year (1) GMA Duration: &onth ��D�� to Month D 0 Year 2 ber Se tember 3 Revision Date August 25, 2011. V ®i. Page 13 of 15 Vo PMUM LL � y.o.�►e., 1�e, }ter s Print Name Title Date Receipt of payment by VOICE PRODUCTS from the Customer constitutes acceptance of terms of the service contract by the Customer. VOICE PRODUCTS SERVICE, LLC 8565 East 32nd Street North Wichita, KS 67226 (316) 616 -1111 FAX (316)- 263 -1823 Revision Date August 25, 2011. Page 14 of 15 Vol. (D Mecotd(a 'WORD SYSTEMS, INC. indlanapalls • CWC390 • SpdrgWd - Madbon Barretto Technology Center Word Systems, Inc. 9225 Harrison Park Ct. Indianapolis, IN 46216 October 21, 2010 To Whom It May Concern: Voice Products, Inc. is the exclusive sole source of iRecord Audio and Video Interview Software and Hardware Products in the state of Texas. Voice Products, Inc. is solely responsible for distributing, installing, supporting and maintaining the iRecord system. Word Systems, Inc. is the master distributor of iRecord and has partnered up with 22 resellers in the US and Canada that are authorized to distribute iRecord products in their territory. Territories are exclusive and are limited to the states within the reseller's contract. As defined in our contract, if the reseller provides iRecord products or services outside of their territory they will be in violation of their contract. The system proposal includes the necessary software and capture cards that are only available from Word Systems, Inc authorized reseller, Voice Products, Inc.. All service work including software upgrades and system expansion must be completed by authorized Word Systems, Inc Technicians and or by an authorized reseller. Voice Products, Inc. will be the primary company providing support and maintenance for any and all iRecord systems in the state of Texas. Should you need further clarification of the statements above, please contact me at 800.425.7637. Sincerely, Ryan Vogt iRecord Director of Sales and Marketing Word Systems, Inc. vol. ENTERSECT Agency Name: First Name: Last Name: ENTERSECT Online User Agreement Brazos County Sheriff's Office Kenny Elliott Agency Address: 1 700 Hwy. 21 West 2700 N. sulaln St, City: Bryan State: Tai Suite 535 Zip Code: Santa Ana, California Telephone Number 979-361-4942 r: . 92705 Fax Number: 979 -361 -4950 www.entersect.net Email Address: kel liott @co . brazos . tx. us Phone Agency Type: Iaw enforcement 8661744 -6438 Number of user codes needed: _.One (Please use the 'Multiple User Form" to designate each login and password) Fax payment Method: 7141564 -9057 ❑ Credit Card • Please oomplete credit card Payment form Invoicing Billing Contact: Helen Cook Bitting Contact telephone number: 979-361-4992 Address: \. mn-ty— .Judge Signature ---« Date: r9 q f -- Please complete the above requested information along with the signed Agreement Terms and fax to: Fax: 714- 564 -9057 -Or- Mail: Entersect 2700 N. Main St. Suite 535 Santa Ana, CA 92705 Zq Vol. 161 Service Agreement Terms This agreement is entered into between Certifion Corporation and the entity first set forth on the reverse hereof ( "New User ') in Santa Ana, CA. Agreed to terms and conditions as follows: 1. SERVICE Entersect Online provides nationwide pubic record Information and related ('Services'] using its proprietary databases and Womraton obtained from third parties ('Third Partieal. This information is delivered through Entersect' via the internal. User hereby subscribes to Services for use as a factor in malting business decisions and agrees to pay Entersed Online the applicable rates and charges set forth in Paragraph 3 below. 2. 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PRIM NAME: Duane Peters TITLE: Countyaudge ._ SIGNATURE: DATE: PRINT NAME: Jimmy Lona TITLE: Government Sales Manager Vol. Multiple User Identification (each name will require individual access code) Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Charles Wendt, Purchasing Agent Leslie Williams, Senior Buyer September 14, 2011 H &M Wholesale Inc. 4150 HWY 6 South College Station, TX 77845 Attn: Edgar McIver Tracy Stracener, Asst. Purchasing Agent Tiffany West, Buyer Phone: 979- 690 -8925 Fax: hinail: warren @hmwholesale.com Re: Renewal of Contract for Oil Change Services — 2010 -43 Brazos County would like to exercise the renewal option for Oil Change Services — 2010 -43. All terms, conditions, and pricing shall remain the same. This renewal is number one (l) of a three (3) year option as provided for in the original bid (2010.43). To accept the renewal option, please fill out the information and sign below. Return this letter by email to TStracener@co.brazos.tx.us or fax to (979) 361 -4293 and submit an original and an updated Certificate of Insurance by mail to the address listed above. Upon receipt of signed document, a new Contract number will be issued to continue the agreement from October 15, 2011 through October 14, 2012. Please return acceptance as soon as possible. If you have any questions. I may be reached at (979) 361 -4291. Contact Name: 12" vG 12 _Telephone: 7_"A2 E- Mail:��if1 ✓1 bi=ly f>eS a�fYl. —Fax: 7 q 11 Y� Duane Peters, County Judge Sincerely, Tracy Stracener Assistant Purchasing Agent Date - 67LDqA- Date 73 INVITATION TO BID BID NO. 2010 — 43 OIL CHANGE OCTOBER 15, 2010 THROUGH OCTOBER 14, 2011 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building 200 South Texas Ave., Suite 352 Bid Request No.2010 - 43 Bryan, Texas 77803 Page 1 of 11 pages Telephone (979) 361 -4291 Bids will be received at the Brazos County Purchasing Department until 2:00 P. M. Friday, October 7, 2010 and read aloud at 2.00 P. M. Friday October 7, 2010 in the Purchasing Department, Brazos County Administration Bldg., Ste. 352, Bryan, Texas 77803. A. SCOPE OF BID Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid request for a period beginning October 15, 2010 through October 14, 2011 in accordance with the following conditions of Bidding. Brazos County has the right to extend this contract for one year at a time, not to exceed four (4) years, if all parties agree. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b, COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c, CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. f, SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. 9. SUPPLIER - Same as Contractor. 2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful bidder for the period designated. �� pg. `7 Bid Continuation Sheet Bid Request No. 2010.43 BRAZOS COUNTY, TEXAS Page 2 of 11 pages 3. Bids must be received by the Purchasing Department prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the bidder must have the bid actually delivered. 4. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential bidder. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 7. Bidder must include proper Signature Employer Identification Number or Social Security Number for the bid to be valid. 8. Should there be a change in ownership or management the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable by either party. The County may cancel this contract at any time for any reason, provided a thirty day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit price b. Total puce C. Special needs and requirements of Brazos County d. Results of testing samples (if needed) e. Brazos County's experience with products bid f. Vendor's past performance record with Brazos County. 11. Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a contract on the sole basis of cost. 12. Acceptance of merchandise, work, andlor equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 14, This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. `Joi. % / Pg. r JC Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2x10, 43 Page 3 of 11 pages 15. Bids must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 16. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 17, Bids must be submitted on this form by downloading on Brazos County website (www.co.brazos.tx.us ), to Purchasing Department at the link entitled current Bids, RFP's and RFQ's. Bid number and name should be on the front of the envelope submitted to the Purchasing Department. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. 18 Bids must show full firm name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the bidder. Firm name and authorized signature shall appear in each space provided. 19. In the event of a needed change in the specifications sent to the bidder, it is understood all the foregoing terms shall apply to the addendum or addenda, and vendor must sign and include the addendum /addenda in the return bid packet. 20. It is our policy not to furnish bid results over the phone. For information regarding bid tabulations, please refer to the Brazos County Website (www.co.brazos.tx.us to Departments, to Purchasing, and to Bid Tabulation Sheets under Purchasing Menu. The results of this bid will be published on the website after Commissioner's Court approval. 21. Successful vendor agrees to extend prices and terms to all entities who have entered or will enter into joint purchasing intedocal cooperation agreement(s) with Brazos County. 22. All invoices shall be sent to the Auditor's Office at PO. Box 914, Bryan, TX 77803. C. SPECIAL PROVISIONS All vehicle maintenance and inspections shall be done on Brazos County fleet vehicles only. Work shall be completed during regular working days, and between the hours of 8:00 AM and 5:00 PM, unless otherwise requested by the County. 2, The following departments are authorized to use this contract: a. Sheriffs Office Fleet b. Constable Pct. 2 C. Constable Pct. 3 d. Constable Pct. 4 e. County Attorney f. District Attorney g. Juvenile Services V0. /5 /pg. `?6P Bid Continuation Sheet BRAZOS COUNTY, TEXAS h, Brazos Center i. Maintenance j. Civil Defense k, IT Department I. Exposition Complex Bid Request No. 2010.43 Page 4 of 11 pages 3. Any brand name or manufacturer's reference is considered to be descriptive - not restrictive - and is indicative of the type and quality the County desires to use, 4. Quantities indicated in the Bid are estimated based upon available information. The County reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments in the bid price. All maintenance not specifically mentioned which are necessary for the unit to be complete and ready for operation or which are normally furnished as standard maintenance shall be completed by the successful bidder. All work shall conform to the accepted standards of the industry. Brazos County should be informed of any noticeable and/or significant repairs noted during routine maintenance. 6. The maintenance provided shall meet or exceed all Federal and State of Texas safety, health, lighting, and noise regulations that are standard, in effect and applicable to parts furnished at the time of manufacture. D. INSURANCE REQUIREMENTS The Bidder shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by the Brazos County Risk Manger. The Certificate of Insurance must be approved by the County before any deliveries can be made. 2. The Bidder shall furnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and Employer's Liability Insurance. b. Liability insurance in the amount of $5013,000. 3. Copies of insurance must be submitted with signed contract Leiter. E. SPECIFICATIONS 1, OIL/FILTER CHANGE AND 14 -POINT SERVICE CHECKLIST: check and fill all fluids to appropriate levels a. Oil and Filter Change 1. drain used oil and replace with the following: 161 `7 r7 Bid Continuation Sheet Bid Request No. 2410- 43 BRAZOS COUNTY, TEXAS Page 5 of 11 pages a. add between 5 and 7 quarts (whatever needed) of Castrol GTX 5W20 or its equivalent (at the discretion of the individual department) b. remove used oil filter and replace with Fram filter or its equivalent b. Transmissionitransaxle fluid level C. Differential fluid level d. Brake fluid level e. Power steering fluid level f. Windshield washer fluid level g. Battery fluid level h. Coolant level i. Air filter- changes will be provided, if requested, only as needed or every 10,000 miles j, Breather element k. PCV valve change every 10,000 miles or if needed I. Radiator hoses and belts M. Wiper blades n. Tire pressure o. Lubricate chassis 2. State Inspections - inspect vehicle for securing required state safety certificate 3. Warranty of Service - guarantee of parts against defects in material and workmanship up to 30 days or 1,000 miles, whichever comes first 4. Service Timeframe - requested level of service time should be no more than 20 minutes unless further mechanical work is necessary. 5. All prices quoted shall include environmental and disposal fees where applicable. 6. Any variation from these specifications must be indicated on the Bid or on a separate attachment to the Bid. The sheet shall be labeled as such. F. QUOTATiONSThrough out the year, the list may vary throughout the year. Any quantities listed are estimates of anticipated purchases and will be used for tabulation purposes only. The specified estimates are not guaranteed minimums. Fill in the blanks with unit prices that are firm for the contract period. This bid will be evaluated on a total cost basis. Oil changes will include the oil/filter change with Castrol GTX 5W20 (2000 or newer vehicles) or 1 OW30 — 5 or 6 quarts (whichever needed) and 14 point service. Please specify oil brand if not using Castrol. Please make sure to include filter brand if not using Fram. G. VoL /5/ Pg. `7�' Bid Continuation Sheet Bid Request No. 2010.43 BRAZOS COUNTY, TEXAS Page 6 of 11 pages The vehicles listed below represent the County's fleet. Since the County purchases vehicles Estimated Price of Castrol oil change Price of Oil Filter Brand of Oil Frl Filter # of # of yearly 814 point check d not g am ) Des ai tion Vehicles oil chap es 1995 Ford Van 1 6 1996 Dodge Van 1 6 1996 Dodge Pickup 3 18 1997 Dodge Ram 1 6 Van. 1998 Chevrolet Auto 1 6 mini- van 1998 Ford 3 Dr. EA 1 6 Van _ IM Ford Van 1 6 1999 Do 1 6 wagon i9% Ford Econoline 1 6 1999 Lincoln Navigator i 6 2000 Chevrolet Pickup 2 12 % ton 2000 Ford Crown Vic 4 24 2000 Chevrolet 314 ton 2 12 Pickup 2000 Bus International 2 12 2001 Ford '/2 ton 1 6 Ranger Pickup 2001 E350 club wagon 1 6 van 2001 Ford F150 Pickup 1 6 2002 Ford Crown Vic. 3 18 Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2010 - 43 Page 7 of 11 pages 2002 Ford F 150 Ext, Cab Pickup 1 6 2002 Ford E150 Club Wagon i 1 6 2002 Andstar Cargo Van t 6 2002 Ford 15 passenger Club Wagon 2003 Ford Crown Vic. i 3 6 18 2003 Chevrolet Truck 610 1 6 2003 Ford Truck F 150 Extended Cab 2 12 l 2003 E350 Van 1 6 2004 ChevroletL Blazer 1 6 2004 Ford F150 Ext. Cab 1 6 2004 Ford Van Econoline 1 6 2004 Dodge Dakota Tn�ck 1 6 2004 Ford Crown Vic. 5 30 2004 Ford Van E350 1 6 2005 Ford Crown Vic. 7 42 2005 Ford Explorer XL 2 i2 2005 Ford Explorer XLS 42 2 12 2005 Ford Trudr F 150 SIC 4x 1 6 6 2005 Ford 250 Truck i Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2410.43 Page 8 of 11 pages 2005 Dodge Truck Ram 1500 1 6 2005 Dodge Grand Caravan 1 6 2096 Ford Econoline E 1 6 2006 Ford F150 Pickup 2 12 2006 Chevrolet Impala 2 12 2006 Chevy Colorado Pickup 1 6 2006 Dodge Charger. 9 54 2006 Ford E350 Van 1 6 2006 Crown Vic. 1 6 i 2006 Ford CP 1 6 2006 Ford Truck 250 With bed & ladder rackj 1 6 2006 150 Supercrew Truck 2 12 2007 Dodge Charger 12 72 2007 Chevrolet Silverado Truck 2 12 Ford 350 Passenger 2 12 2607 Chevrolet Tahoe 1 6 2007 Ford Crown Vic, 1 6 2007 Dodge Durango 1 6 2008 Ford F350 Truck 1 6 /61 Vol. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2010.43 Page 9 of 11 pages 2008 Dodge Charger 4 24 2008 Ford Truck F150 2 12 2008 Ford Van E350 Wagon 2 12 2008 Truck Chevrolet Silverado 1500 2 12 2008 Chevrolet Silverado 2500 1 6 2008 Crown Victoria 1 6 2008 Ford Truck F150 1 6 1 6 2008 Chevrolet. Truck F 150 5 30 2008 Dodge Durango 2009 Dodge Charger 18 108 2009 Chevrolet SUV Tahoe 2 12 12 2009 Ford Van 2 12 2009 Chevrolet Silverado 2 2009 Dodge Durango 1 6 54 2010 Dodge Charger 9 2010 SUV Jeep Grand Cherokee 1 6 2010 Ford Crown Victoria 1 6 1 6 2010 SUV Chevrolet Tahoe CERTIFICATION OF BID �a Bid Continuation Sheet Bid Request No. 2010- 43 BRAZOS COUNTY, TEXAS Page 10 of 11 pages The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Signed By: Typed Name: Title: Company Name: Phone No. Mailing Address: P. 0. Box or Street City State Zip Employer Identification Number: Social Security Number: Approved: Judge Randy Sims Date CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO, 2010 -43 STANDARD PURCHASE TERMS AND CONDITIONS DEPARTMENT OF PURWASING BRAZOS COUNTY, TEXAS Seller and Buyer agree as follows: SELLER TO PACKAGE GOODS • Seller will package goods in axordarce with good commercial praxice. Each shipping container shall be clearly and permahenty marked as lakm: (a) Seller & name and address: (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if otherwise provided, Goods and poles number of containers. e.g. bon 1 of 4 PNIO boxes; and cost& end conform Wft ith r�W�rreme�d co gcarriers and an shall � ble d canons. BuWs oouM a weight Goods shah be suitably packed b secure bvrest ransportation Y �`� spuxid shall be final and conclusive on shipments not aocompeniod by packing lists. 2. Vendor warrants, prondses, and represents that all components. systems and services that am provided as a result of enla ing into this contract, whether specilicaly required by the conlract or rot shO be Yea 2000 eompdad. Year 2000 eomplianr shall mean that at cornponeML systems and services shall operate accuralaly and in the manner intended a5 they relate b dale related operations when given a valid dale containing century, year, month and day. A- TITLE 3 RISK OF LOSS • The tits and risk of ices of the goods shall not pass m Buyer unti Buyer actually accepts the goads at the poirl or points of defivery. 5. FOB POINT - Delivery of ad products under this contract shat be made Free On Board b final destination, at the address shown in this contractor as indicaleel on each Delivery Order placed against this contract. The life and risk of bas at the goods shall not pass to Brazas Count' until receipt and aocaplanee lakes place at the F.O.B. point. rL NO REPLACEMENT OF DEFECTIVE TENDER -Every tender of delivery of goods must fully comply with all provisions of this contrad as lo time of delivery, quality and the like ll a ler4ff is f� not yet pired. the Seller may seasmW* notih Buyer � intention b cureapnd may � Ma conforming lender within the r e timeebbut not afkrwaM time for per(amance 7. PLACE OF DELIVERY - The place of delivery shat be that set forth In the block of sue purchase order release entitled 'Deliver To'. Any change Thereto shall be eflec ta! by mod&Aon as provided for in Clause 20,'Modticatoos', hereof. The terms of this agreement are'no arrival, no sale'. a. INVOICES AND PAYMENTS a. Seller shat submit separate invoices on each purchase order or purchase release ater each delivery. Invoices shat indicate titre purchase order or purchaso release number" the supply agreement number, It applicable. invoices shalt be kemized and transportation chager, t any, shad be fisted separately. A copy of the bill of lading. and the Irajot waybill when hppkabla, should be anacned b the invoice. Mad to: Brazos Caunly Audutora Office. 30D East 261h Street, Suite 314, Bryan, Texas 77803. Payment shot nW be due unit the above instruments are submitted seller delivery. Suppliers should keep the Auditor's Oftce advised of any charhges in your remittance addresses. 1I p �3 Vbt g' Bid Continuation Sheet Bid Request No. 2010.43 BRAZOS COUNTY, TEXAS Page 11 of 11 pages b. Buyer`s obligation is payable only and solely from Rinds available for the purpose of this purchase. Lack of funds shall render this contract null and void to The extent hinds are not available and any delivered but unpaid for 900d5 will be returned b Seller by Buyer. c. Do not include Federal Excise, State, County, a City Sales Tar The County shall fumish tax exemption oertficate upon request 9. GRATUITIES - The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller If A is determined by Buyer that gratuities, in the form of entertainment, gifts, or otherwise, were of ed or given by the Seger, or any agent or representative of the Seller, to any officer or employee of Brazos County with a view toward securing a wmtsct or securing favorable treabmenl with respect to the awarding or arhanding, or rie making of any determinations with respect to the perioming of such a contract. In The event Ibis contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other fights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities 10. SPECIAL TOOLS d TEST EBUIPMENT - If the price stated on the face hereof Includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special lading equipment and any process sheets related thereto shall boo" the property of ft Buyer and to the extent feasible shag be identified by the Seller as such. 11. WARRANTY PRICE redacts of the a The price to be paid by the Buyer shag be that conlatled m Sellers bid which Seller warrants to be no higher than Setters current prices on orders by others for p kind and specificafion covered by this agreement for similar quantities under similar or Ike conditions and methods of purchase. In the avant Seller breeches INS warranty, the prices of the 'ferns shall be reduced to the Sellers current paces on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach of Sellers actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon at agreement or understanding fa commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose Of securing business. for breach or violation of this warranty the Buyer shall have the fight in addition to any other right or rights to cancel this contract writhout liability and b deduct from the contract price, or otherwise recover the fug amount of such commission, percentage, brokerage or contingent V. PRODUCT WARRANTIES - Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods fbmfshed will conform to the specifications, drawings, and descriptions listed in the bid irnitabor, and to the sampte(s} furnished by Seller, ii any. In the event of a conflict behasen the specifications, drawings, and descriptions, the specifications shall govern. 13. SAFETY WARRANTY - Seller warrants that the product wW to Buyer shag conform to the standards promulgated by the U.S. Department d tabor under the Occupational Safety and Health Act of 1970. in the event the product does not conform to OSHA staxlads, Buyer may mbar the product far correction or replacement at the Gagers expense. In the event the Seller fails to make the appropriate correction within a reasonable time, owed= made by Buyer will be at Sellers expense. 14, NO WARRANTY BY BUYERAGAINST INFRINGEMENTS - Bidder warrants Mail apokabie pahants and Copyrights which may exist on items bid upon have been adhered to and furrier War" that Brazos County shah not be applicable to items sddnh emordo those rights. Seller agrees to defend Brazos County in any legal cause of action resultkg firm any violations to existing patents, Ifoenses, a copyrig 15. RIGHT OF INSPECTION - Buyer shalt have the right to inspect the goods at delivery before accepting them. 16. CANCELLATION Buyer shag have the flight to cancel for default all of any pat of the undelivered portion of this order If Seller beaches any of the terms hereof including warranlass of Seller or hf Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu Of any other remedies which Buyer may have in law on equity. 17. TERMINATION - The performance d worir under Mds order may he terminated in weds a in pan by to Buyer In arardanre with Cris provision. Temrinalbn d work hereunder skeN De e#e[ted b! the dWh" 10 the Sister Of I 'N" 09 Ter,nasbn' BPK- fng the extent to which WIMMAn el of work under one order is b punt ed and the 6A upon which sash I m0abon becomes eeacsue. Such fight Of Ynnirmi in isin addition In and not In tau or rights at Buyer set "In Clause 15., nerain. 1S• FORCE MAEURE • M, by reason d Farce Milan, new parry his shat be rendered unable wholly a in par11O carry Ord Cs obiga5orhs under this Agreemerd lien such party shalt 00 ndt s and tug puemd= d such Force Maws In writing te the other Party wft a reasonable tine eta °wwrenw d the everrla sauce relied upon. and tlme ohipeeorh d the Dorf!' givtnhg smx;h eoCx, so tar as is aomKMd.1y such Fares Mgeum. shah be suspended during Me conemlanes of to inabRy than cialesid, except as hereiaft provided, but for no longer period. and such party shat endeavor b remove or wereem such inabRy, wish at reasonable dispatch marries. orders d any kind of go`emrnerK d the timed Stab or M Stale d The Yana Fate Mala re as employed heron. shat, moan acle d God, stiles, fo landslides, lightning, gner Mqj* l Wax, buffkariss, sileirns, floods, washouts. droughts. act d public _ and POWK Civil Taxes a ant' dvt a ffl" euCerity.aoddeMS n rnschi, " Pipefia' a rands or other eaus� rW r I n� lime eere'eT f N party chYNng arc irnahifly. n is understood agreed that. Be dkkrbm", ekpbsions, braarape *oft . d gates and torkads shag be entirely WOO ee dsneeon d Me Party haetrlg the dfcWhr, and 'hat above regaemert Cell amY Fuse t tajerse shall Ee arty h d with at, reesonabk dfsPatt require ea sellMeenld,lira, and fockaAs by weedingio the demand; d the opposing party or putts when such seelarerd is udarorable in the JIWV sub d em Party theM rg the 6*i)k' If. ASSIGMEHT DELEGATION - He right Of Into W in Cus cadracl slue be assigned of d6e9alom d any otudpat oe made by Seid wtlnomd to wader Denison d the Buyer. Any atlen led assignment a deispion try Semler s1 ant be wholly, void and totally InWlectve far all puPoces unless made in conformity with this Parepnph. 20. WAIVERS No daim a righl asing out d a breach d Cis embed can be ds&w* in whole a 'w pan by a waives or renurriaeon d the daim of fight unless the waiver a renunciation to suPDo>bd by cons"Ibm and is in venting signed by the aggriavwd Per• 21. M004FICATMS - This corwam can be nedied or rescinded only try a ariting signed by bolh dthe paten or their duly a s hdized agoras. 22 KrERPRETATION PAROL EVIDENCE • This w+nrirq le i tended by the Parses as a inadellimsion Of their agrearenl and is k4mided also as a wmpiele and exclusive stste"I'd Of the Wine d fiat agreement. No nurse d Dry devWhhgs teleieem the padks and w u,ape d fine trade shad be rerevamd o swoonert a explain any teml wed in this agreement- J�p'lace Of wil"I amts"" in a mum d penwmamoe rendered urhder ids apeerma shall not be relavart to dmwffdne the meeting d Ih a agreeneM cum teu9h the acceping err aoq desang pat has knowledge d to Derksrrnrnce and apDardndl kir ob}edlep, wins euen atrwmn defined byline Uniform Commercial Code is used In ads agreement the deentton aw+mined In the Code is to eo"h 23. APPLICABLE LAW • This agreement shdi be gvveread by to UnCam Cmhmercla Code. Wherever, the tmn'Umorn Convrereial Code' is used. C shat be construed as rearing eve Uniform CommwA Cade as adopted N to State dTexas as d9mys and in iota on the dale of this agreement 24. ADVERTISING - Seller slut ltd ad for publish. NOW eessor W saint the }act Thal Buyer has entered Irdo this coo act, except 13 the extent necassary to comply wo Proper requests tor irrfornegen porn an sueoriaed mpeserta4 25. RIGHT TO ASSURANCE - Whenever a s party to this mrhlact in good fawn has reasorh to question Me Ocher par" intent b perm to malt demand to Me cif ef pant give wdlen assurance Of tis intent to par mm in the event ademad Is made and no assurance is gkom *On five 15) days, to dernanding party may beat this fatmre as an ahtclpatory repudiaton of the mnbad 26 VENUE - Bolh Parties agree thlvenue for aiy iwgafoa wising ham this contract shat be in Bryan. Bnxos eaunq, Texas. `I ®l. '16-1 pg. ff4- BID TABULATION SHEET BID 2010 -43 OIL CHANGE Type Of Estimated # of # of Yearly price of Cast Price of Oil Total Estimated Brand of Oil Cost for Yearly Vehicle Vehicles Oil Oil Change 8.14 point Check Change Fitter Gil Changes Chances 1995 Ford Van 1 6 $33.61 $6.20 Mighty $238.86 1996 Dodge Van 1 6 $31.70 $6.20 Mighty $227.40 1996 Dodge 3 18 $31.70 $6.20 Mighty $682.20 Pickup 1997 Dodge Ram 1 6 $31.70 $6.20 Mighty $227.40 Van 1998 Chevrolet 1 6 $31.70 $11.50 Mighty $259.20 Auto mini- Van 1990 Ford 3 Dr. 1 6 $33.11 $7.28 Mighty $242.34 ExL Van 1998 Ford Van 1 6 $33.11 $12.75 Mighty $275.16 Dodge Maxi -Wagon Van 1 6 $33.11 $6.20 Mighty $235.86 1999 Ford 1 $34.81 $7.28 Mighty $252.54 Econoline 1999 Lincoln 1 6 $34,81 $7.28 Mighty $252.54 Navigator 2000 Chevrolet 2 12 $33.11 $12.75 Mighty $550.32 314 Ton Pickup 2000 Ford 4 24 $33.11 $7.28 Mighty $969.36 Crown Vic 2000 Chevrolet 2 12 $33.11 $1275 Mighty $550.32 314 ton Pick U 2000 Bus 2 12 NO BID NO BID NO BID NO BID International 2001 Ford % ton 1 6 $31.70 $8.30 Mighty $240.00 Ranger Pickup 2001 E350 club 1 6 $34.81 $7,28 Mighty $252.54 Wa on Van 2001 Ford F150 1 6 $34.81 $11.50 Mighty $277.86 Pickup 2002 Ford 3 18 $33.11 $7.28 Mighty $727.02 Crown Vic. 2002 Ford F150 1 6 $34 81 $11.50 Mighty $277.66 Ext. Cab Pickup 2002 Ford E150 1 6 $34,81 $7.28 Mighty $252.54 Club Wagon 2010 -43 -OIL CHANG�g. Page 1 von. 6' 1 2010 -43 - OIL CHANGE Page 2 Vol. 15 / Pg. - BID TABULATION SHEET BID 2010 -43 OIL CHANGE 2002 Windstar 1 6 $31.57 $11.50 Mighty $258.42 Cargo Van 2002 Fond 15 Passenger Club 1 6 $33.11 $11.50 Mighty $267,66 Wagon 2003 Ford 3 18 $33,11 $11.50 Mighty $802.98 Crown Vic. 2003 Chevrolet 1 6 $31.57 $7.49 Mighty $234.36 Truck S10 2003 Ford Truck 12 $33,11 $11.50 Mighty $53532 F 150 Extended 2 Cab 2003 E350 Van 1 6 $33.11 $11.50 Mighty $267,66 2004 Chevrolet 1 6 $31.57 $6,20 Mighty $226.62 Blazer 2004 Ford F150 1 6 $33.11 $12.55 Mighty $273.96 Ext. Cab 2004 Ford Van 1 6 $33.11 $12.55 Mighty $273.96 Econoline 2004 Dodge 1 6 $33.11 $12,55 Mighty $273.96 Dakota Truck 2004 Ford 5 30 $33.11 $7.28 Mighty $1,211.70 Crown Vic. 2004 Ford Van 1 6 $33.11 $11.50 Mighty $267.66 E350 7 42 $33.11 $7.28 Mighty $1,696.38 2005 Ford Crown Vic, 2005 Ford 2 12 $31.70 $10.15 Mighty $502.20 Explorer X!. 2005 Ford 2 12 $31.70 $10.15 Mighty $502.20 Explorer XLS 4x2 1 fi $33.11 $12.55 Mighty $273.96 2005 Ford Truck F 150 1 6 $33.11 $12.55 Mighty $273.96 2005 Ford 250 Truck 2005 Dodge 1 6 $34.81 $7.28 Mighty $252.54 Truck Ram 1500 Dodge 1 6 $31.57 $10.85 Mighty $254.52 Caravan 6 Ford E 1 6 $33.11 $11.50 Mighty $267.66 noline E 2006 Ford F750 2 12 $33.11 $12.55 Mighty $547.92 -Pickup 2006 Chevrolet 2 12 $31.57 $20.40 Mighty $623.64 Impala 2010 -43 - OIL CHANGE Page 2 Vol. 15 / Pg. - BID TABULATION SHEET BID 2010 -43 OIL CHANGE 2006 Chevy 1 6 $31.70 $16.30 Mighty $288.00 Colorado Pickup 2006 Dodge 9 54 $36.52 $12.70 Mighty $2.657.88 Charger 2006 Ford E350 1 6 $34.81 $11.50 Mighty $277.86 Van 2006 Crown Vic. 1 6 $33.11 $12.25 Mighty $272.16 2006 Ford CP 1 6 No Bid No Bid No Bid No Bid 2006 Ford Truck 1 6 $36.52 $12.75 Mighty $295.62 250 2006150 2 12 $33.11 $21.55 Mighty $655.92 SuAercrew 2007 Dodge 12 72 $36.52 $12.75 Mighty $3,547.44 Charger 2007 Chevrolet 2 12 $33.11 $12.75 Mighty $550.32 Sliverado Ford 350 2 12 $33.11 $12.75 Mighty $550.32 - Passenger 2007 Chevrolet 1 6 $33.11 $12.75 Mighty $275.16 Tahoe 2007 Ford 1 6 $33.11 $7.28 Mighty $242.34 Crown Vic. 2007 Dodge 1 6 $33.11 $12.75 Mighty $275.16 Durango 2008 Ford F350 1 6 $34.81 $17.85 Mighty $315.96 Truck 8 Dodge 4 24 $36.52 $12.75 Mighty $1,182.48 harger r ord Truck 2 12 $33.11 $11.50 Mighty $535.32 F150 2008FordVan 2 12 $33,11 $11.50 Mighty $535.32 E350 2008 Truck 2 12 $33.11 $11.50 Mighty $535.32 Chevrolet o 1500 evrolet 1 6 $33.11 $11.50 Mighty $267.66 o 2500 rown 1 6 $33.11 $6.20 Mighty $235.86 oria d Truck N2008Dodge 1 6 $33.11 $11.50 Mighty $267.66 50 evrolet. 6 $33.11 $12.75 Mighty $275.16 F150Dodge 5 30 $33.11 $12.75 Mighty $1375.80 n a 2410 -43l CHANGE 9-7 Page 3 V "J, P. BID TABULATION SHEET BID 2010 -43 OIL CHANGE 2009 Dodge 18 108 $36.52 $12.75 Mighty $5,321.16 Char er 2009 Chevrolet 2 12 $33.11 $12.75 Mighty $550.32 SUV Tahoe 2009 Ford Van 2 12 $33.11 $12.75 Mighty $550.32 2009 Chevrolet 2 12 $33.11 $12.75 Mighty $550.32 Silverado 2009 Dodge 1 6 $32.40 $12.75 Mighty $270.90 Duran o 2010 Dodge 9 I 54 $36.52 $12.75 I Mighty $2,660.58 Charger 2010 SUV Jeep 1 6 $33.11 $12.75 Mighty $275.16 Grand Cherokee 2010 Ford 1 6 $33.11 $6.20 Mighty $235.86 Crown Victoria 2010 SUV 1 6 $33.11 $12.75 Mighty $275.16 Chevrolet Tahoe TOTAL $43,185.06 L1-L %6 D Date vo2010 -43 - OIL CHANG%. Page 4 FIRST RENEWAL TO LEASE PRECINCT 1, CONSTABLE'S OFFICE This First Renewal to Lease ( "First Renewal ") is made and executed by and between SOUTHWOOD WEST, a Texas General Partnership, 1105 Peach Creek, College Station, Texas, 77845, as "Lessor", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, as "Lessee ". RECITALS WHEREAS, the Lessor and Lessee entered into the original Lease ( "Lease ") on September 21, 2010; and, WHEREAS, the Lease provides for five (5) additional renewal terms of one (1) year each, effective on October 1 of the year of renewal; and, WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and all subsequent renewal terms in the amount of $1,650.00, payable in monthly installments on the first day of each month for the term of the Lease, and any subsequent renewal terms; and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1, 2011 and terminating on September 30, 2012; and WHEREAS, the Lessor's address for notices has changed; NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the following amendments to the Lease. AGREEMENT 1. Renewal Term. This first renewal term ( "First Renewal Term ") shall be effective October 1, 2011 and will terminate September 30, 2012. Additional subsequent renewal terms will be subject to the terms and conditions of the Lease and this First Renewal. If there are any conflicts between this First Renewal and the Lease, the terms of this First Renewal will control. This First Renewal Term shall be conditioned on the same terms set forth in the Lease, save and except those terms that are amended herein. 2. Lessor's Address. All notices to Lessor and payments of Rent shall delivered to the following address: Southwood West, a general partnership 1105 Peach Creek College Station, Texas 77845 3. No Amendments. Except as expressly modified herein, the Lease is not amended. 4. Signatures. This First Renewal and all other copies of this First Renewal, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement. This First 'Vol. —L-5! 1 — Renewal may be executed concurrently 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. The parties expressly agree that a copy of this First Renewal transmitted by facsimile or email that contains the signature of one of the parties, shall for all purposes be treated as an original and shall be binding against the parties hereto. 5. This First Renewal shall be effective for all purposes as of the date set forth below. 6. Miscellaneous Provisions. a. Notices. Any notice required by or permitted under the Lease or this First Renewal must be in writing. Any notice required by this First Renewal or Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. b. Entire Agreement. The Lease and this First Renewal, constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or First Renewal by Lessor or Lessee. c. Severability. The provisions of this First Renewal are severable. If a court of competent Jurisdiction finds that any provision of this First Renewal is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. Dated this -gq ' , of �,! zoi Attest: Lessor: SOUTHWOOD WEST, a Texas general partnership 0 By: !'l. By: Name: Title:r..�,�tt� Lessee: B AZOS COUN , TE Name: Title: Vol. /6/ Pg q6 SOQ 2011 -48 Portable Toilet Rental October 1, 2011 - September 30, 2014 Tabulation Location Texas Commercial Waste BSC Stop and GO Potties Cost for extra Portable Toilet Cost /Month Cost /Year Cost/ Month Cost /Year 21303 Kathy Flemming Rd $50.00 $600.00 $60.00 per 28 days $780.00 2807 FM 2038 $50.00 $600.00 $60.00 per 28 days $780.00 10940 South Highway 30 $50.00 $600.00 $60.00 per 28 days $780.00 7250 Raymond Stotzer Pwy (FM60) $50.00 $600.00 $60.00 per 28 days $780.00 9125 Mumford Rd $50.00 $600.00 $60.00 per 28 days $780.00 1495 Silver Hill Rd $50.00 $600.00 $60.00 per 28 days $780.00 13071 Ferrill Creek Rd $50.00 $600.00 days $60.00 per 28 $ 780.00 15227 Royder Rd $50.00 $600.00 $60.00 per 28 days $780.00 2617 Highway 21 West $50.00 $600.00 $60.00 per 28 days $780.00 Total for rentals per Year $5,400.00 $7,020.00 Location Texas Commercial Waste BSC Stop and GO Potties Cost /Month Cost/ Month Cost for extra Portable Toilet Rental (Road and Bridge will $50.00 $60.00 per 28 days determine when and where if this is needed) RECOMMEND AWARD TO: Texas Commercial Waste by Cotnmissio�er's Court on t day of holding the position of Vol. l JCS - PK. q PORTABLE TOILET RENTAL ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 SOQ Request No. 2011 -48 Bryan, Texas 77803 Page 1 of 7 Pages Telephone (979) 361 -4294 GENERAL REQUIREMENT FOR CONTRACT 1 U K-d d,._- as a duly authorized representative 0 `t'k�r,�(�,�n "Contractor" willingly attest to perform (or deliver) as per Exhibit "A" for Brazos County for the period of October 1, 2011 through September 30, 2014. 1 further agree to all of the provisions and specifications contained in this General Requirements for contract ( "Contract "). ASSIGNMENT The successful Contractor may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual Contract is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one Contractor, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the Contractors. Department heads are NOT authorized to sign Contracts for Brazos County. Binding Contracts shall remain in effect until all products and /or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this Contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written Contract between Brazos County and the Contractor. Any and all price escalations shall not be accepted and shall be considered a non- response. After the initial award period, this contract can be renewed for two (2) additional one (1) year periods if approved by Commissioner's Court and Contractor. i P. U ilol. g SOQ Continuation Sheet SOQ Request No. 2011-48 BRAZOS COUNTY, TEXAS Page 2 of 7 Pages HOLD HARMLESS CONTRACT Contractor, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and /or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Brazos County Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. ADDITIONIMODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or Contracts or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Contractors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and /or is othenvise incorrect, shall be corrected by the Contractor. When multiple deliveries and /or services are required, the Contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the Contractor should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and /or back -up withholding as required by the Internal Revenue Service. Vol. �� Pg. . SOQ Continuation Sheet SOQ Request No. 2011 -48 BRAZOS COUNTY, TEXAS Page 3 of 7 Pages PRICING Prices for all goods and /or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, Contractor MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and /or use taxes under Texas Tax Code §151.304, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. in the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Contractors shall comply with all applicable federal, state and local laws and regulations. Contractor is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF CONTRACTOR Upon signing this bid document, a Contractor offering to sell supplies, materials, services, or equipment to Brazos County certifies that the Contractor has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the Contractors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an Contractor and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that Contractor will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. vol. 1,51 Pg. q# SOQ Continuation Sheet SOQ Request No. 2011 -48 BRAZOS COUNTY, TEXAS Page 4 of 7 Pages SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if Contractor breaches any of the terms therein, including warranties of Contractor or if the Contractor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and /or services within the proper amount of time, and /or to properly perform any and all services required to Brazos County's satisfaction and /or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor, before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: r (l) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000.00. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. X101.01 1) (2) Commercial General Liability Insurance with a $ 1,000,000.00 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. Vol. Pg. - ��. SOQ Continuation Sheet SOQ Request No. 2011-48 BRAZOS COUNTY, TEXAS Page 5 of 7 Pages (3) Automobile Public Liability Insurance with a $ 500,000.00 Combined Single Limit, in all self - propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LIMITATIONS 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 Contract, including, but not limited to, authorizations of the placement of liens on Brazos County 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 Contract 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. COVERAGESIWAGES Nothing in this Contract shall be construed as making Brazos County responsible for the payment of compensation and /or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and /or equipment. Nothing in the Contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Contract. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Vol. I5/ Pg.— ?_6 SOQ Continuation Sheet SOQ Request No. 2011 -48 BRAZOS COUNTY, TEXAS Page 6 of 7 Pages CONTRACTOR: Sales Contact Name: Phone Number: Billing Into: JACK ADAMS 979- 775 -7171 979 - 775 -7171 ASSIGNABILITY This Contract may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Contract and any extensions thereto. WAIVERS No waiver by either party hereto of any tern or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE CONTRACT This Contract represents the entire and integrated Contract between Brazos County and the Contractor and supersedes all prior negotiations, representations, or Contracts, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and /or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. pg. SOQ Continuation Sheet SOQ Request No. 2011 -48 BRAZOS COUNTY, TEXAS Page 7 of 7 Pages INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other proposer, and that the contents of this proposal have not been communicated to any other proposer prior to the official opening of this proposal. The signatory also agrees to all 11d,-specifications of this Contract. Signed By: /�Sz Title: GENERAL MANACER Typed Name: RONALD SCHMIDT Company Name: TEXAS COMMERCIAL WASTE Phone No. 979 -775 -7171 Mailing Address: P.O. BOX 645 P. O. Box or Street Employer Identification Number: 74- 1547749 Social Security Number: BRYAN TEXAS 77806 City State zip Ap roved by,Comm i �er's Court on this olS / day of 2011 by or holding the position of �' �a c r)4<4 _ Vol. l 61 pg. l 9 SOQ 2011 -48 Specifications for Portable Toilet Rental Contract October 1, 2011- September 30, 2014 Brazos County is soliciting quotations for Portable Toilet rental for Citizens Collection sites and yards as listed below. Prices are to be effective for a period of three years with an option for renewal for 2 (two) additional 1 (one) year periods if approved by Commissioner's Court and Contractor. For any questions regarding the contract, please call Leslie Williams, Purchasing Department at 979 - 361 -4294. SPECIFICATIONS FOR PORTABLE TOILET 1. Contractor shall provide one portable toilet per site listed below and shall service each portable toilet at least one time every week or on an as needed basis. 2. Under Special circumstances Brazos County Road and Bridge Department might ask for addition portable toilets for other locations. The Contractor must be able to provide additional portable toilets to locations requested by Brazos County Road and Bridge Department. 3. Contractor shall include any fees associated with delivery, maintenance, servicing and or pickup of equipment. 4. LOCATIONS FOR PORTABLE TOILETS: • Mumford Road Site • Raymond Stolzer Parkway Site • Highway 30 Site • Kathy Flemings Site • FM 2038 Site • Silver Hill Road Site • Road and Bridge Department • Ferrill Creek • Royder Rd Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or it will not be valid. Successful Bidder must provide evidence of Workman's Comp, General Liability and Automobile Insurance prior to award. Quotations should reflect a monthly charge, with each location shown separately below. Please fill out "Solicitation of Quotes" form and hand deliver or mail to 200 South Texas Ave. Bryan, TX 77803 in a sealed envelope clearly marked with the SOQ number. Quotes must be received by the Brazos County Purchasing Department by Friday, September 16, 2011 or they will not be considered. Exhibit A Page 1 of 2 v ®Y. J v/ Pg. SOQ 2011 -48 Cost per Extra Portable Toilet Rental ! $ 50.00 The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and conditions contained in this document and agrees to be held to them for the term of this contract. Name of Company: ' '- Tax !D #; TEXAS COMMERCIAL WASTE 74- 1547749 Address: P.O. BOX 645; BRYAN, TEXAS 77806 Telephone #: 979 -775 -7171 Printed Name: RONALD SCHMIDT Signature of Authorized Representative Exhibit A Page 2 of 2 N S/ pg 1 0? CL 'a i N m L, F- C O u 0 u N U 01 F O N Cf 0 V) 41 0 N O m a� a c +, o Q M O N aF 0 O w c a 'f 60 0 0 a r c O t 41 c 0 u La N 67 C a � a a ! o 0 R O C w 000 O O O O t O 41 � O O F F!! N N N N c cm 0 O O O e e0-t O O O O cn r ri uY N O a O O c � � c � t tD N N r r•F � � � � a c Q 0 0/ O t t V1 t ti- 00 0 00 u O O m E E :1. %A O O O 7 7 \ \ v 41 u o o m m vF v v+ O O c ;° - -a o o m o o � �- O O N N 0 00 w u q q^ , ,h O. iC O O �.. v v> i in o� a wt wt m 3 •u W WD l lD N N e ei y y E C Cf l lu d O a a u � � m `U o o to t a m O O O O t to � � �• 0 O N u u u u ~ 0 O C O O O O 0 H Z Z Z Z u 0 0 0 O c ~ a, ~ a c v O c a aci v LLLL • •m m m O ' '�- O O 4' 0 . y O O F Fn m " " u ' 'a O O O O Q c cc u u u u O > m E u u c > >-� a aa - r- L- d d u u U > u u 0 u 0 � B B V V • 3 O 3 3 O f- O O a a V V GC u u m O u O w c a 'f 60 0 0 a r c O t 41 c 0 u La N 67 C a � a a ! o 0 R O C w SOQ 2011 -49 Citizen Collection Site Trash Pick Up October 1, 2011 - September 30, 2014 Tabulation Hauling Fees RECOMMEND AWARD TO: byrC m 'ssioner's Co this day of swiew � c � holding the position of Pg.-j62,I- Texas BSC Stop and Commercial GO Potties Waste Location of Pick Up Type Of Container Cost /Haul Cost /Haul 40 Cubic Yard Roll 21303 Kathy Flemming Rd Off Receiving $125.00 $120.00 Container 40 Cubic Yard Roll 2807 FM 2038 Off Receiving $125.00 $120.00 Container 30 Cubic Yard Open 2807 FM 2038 Top Roll Off $110.00 $120.00 Container 40 Cubic Yard Roll 10940 South Highway 30 Off Receiving $125.00 $120.00 Container 40 Cubic Yard Roll 7250 Raymond Stotzer Pwy Off Receiving $125.00 $120.00 (FM60} Container 40 Cubic Yard Roll 9125 Mumford Rd Off Receiving $125.00 $120.00 Container 30 Cubic Yard Open 9125 Mumford Rd Top Roll Off $110.00 $120.00 Container 40 Cubic Yard Roll 1495 Silver Hill Rd Off Receiving $125.00 $120.00 Container 30 Cubic Yard Open 2617 Highway 21 West Top Roll Off $110.00 $120.00 Container Total $1,080.00 $1,080.00 RECOMMEND AWARD TO: byrC m 'ssioner's Co this day of swiew � c � holding the position of Pg.-j62,I- CITIZEN COLLECTION SITE TRASH PICK UP ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 SOQ Request No. 2011 -49 Bryan, Texas 77803 Page 1 of 7 Pages Telephone (979) 361 -4294 GENERAL REQUIREMENT FOR CONTRACT 1, RONALD SCHMIDT as a duly authorized representative o f "Contractor" willingly attest to perform (or deliver) as County for the period of October 1, 2011 through September 30, 2014, provisions and specifications contained in this contract. TEXAS COMMERCIAL WASTE per Exhibit "A" for Brazos I further agree to all of the ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements shall remain in effect until all products and /or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non - response. After the initial award period, this contract can be renewed for two (2) additional one (1) year periods if approved by Commissioner's Court and Contractor. Vol. % 57 pg. _/0-3_ SOQ Continuation Sheet SOQ Request No. 2011 -49 BRAZOS COUNTY, TEXAS Page 2 of 7 Pages HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and /or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and /or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. ADDITION /MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required, Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and /or is otherwise incorrect, shalt be corrected by the Contractor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only, The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and /or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and /or back -up withholding as required by the Internal Revenue Service. Vol. /5/ Pg• l 6� SOQ Continuation Sheet SOQ Request No. 2011 -49 BRAZOS COUNTY, TEXAS Page 3 of 7 Pages PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing /Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUS "f indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and /or use taxes under Texas Tax Code § 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. I Pg. ---LL-5--, SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2411 -49 Page 4 of 7 Pages SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and /or services within the proper amount of time, and /or to properly perform any and all services required to Brazos County's satisfaction and /or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor /Contractor, before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. Vo �. p9• �. -- SOQ Continuation Sheet BRAZOS COUNTY, TEXAS (3) Automobile Public Liability Insurance propelled vehicles used in connection Waiver of subrogation is required. SOQ Request No. 2011 -49 Page 5 of 7 Pages with a $ 500,000 Combined Single Limit, in all self - with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LIMITATIONS 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 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. COVERAGESIWAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and /or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOSCOUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 /s/ Vol, . -® — SOQ Continuation Sheet SOQ Request No. 2011 -49 BRAZOS COUNTY, TEXAS Page 6 of 7 Pages CONTRACTOR: Sales Contact Name: Phone Number: Billin Info: RON SCHMIDT 979 -775 -7171 P.O. BO 645;BRYAN, TEXAS 77806 ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and /or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. WVol. . / P9. . SOQ Continuation Sheet SOQ Request No. 2011 -49 BRAZOS COUNTY, TEXAS Page 7 of 7 Pages INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any othe Proposer prior to the official opening of this proposal. The signatory also agrees to all provisiQ4 specifications of this contract. Signed By: �s Title: GENERAL MANAGER Typed Name: RONALD SCHMIDT Company Name: TEXAS COMMERCIAL, WASTE Phone No. 979 -775 -7171 Mailing Address: P.O. BOX 645 BRYAN TEXAS 77806 P. O. Box or Street City State Zip Employer Identification Number: Social Security Number: 74- 1547749 N/A App ved h ommissi a 's Court on this _day of 011 by �.. olding the position of {i 45 hl I k-J41 SOQ 2011 -49 Citizen Collection Site Trash Pick Up October 1, 2011- September 30, 2014 Brazos County is soliciting quotations for Citizen Collection Site Trash Pickup for six (6) locations listed below. Prices are to be effective for a period of three (3) years with an option for renewal for 2 (two) additional l (one) year periods if approved by Commissioner's Court. For any questions regarding the specifications or the contract, please call Leslie Williams in Purchasing at 979 - 3614294 , SPECIFICATIONS FOR TRASH PICK UP AT CITIZENS COLLECTION SITES • Vendor shall provide the specified equipment and containers at each specified site listed below. • When specified by the collection site attendant or Road and Bridge Employee, the vendor shall pick up and replace or empty the full container(s) within twelve (12) hours of notification • After pick up, vendor will take all full container(s) to the current Landfill Site available located in Anderson, TX • Vendor may take white goods to a recycling facility of their choice but will be at no cost to the county. If containers have mixed goods or trash in them, Brazos County will not pay to have them separated • Vendor shall provide a work order ticket for any pick -up /drop off of containers that will include the following information: o type of container o size of container o container # o gross weight of truck and load o tare weight o net weight o date and time of pickup o date and time of drop off o ticket #, drivers name, truck # c location of pickup /drop off o cost associated with that pickup /drop off if applicable • Vendor will send a separate statement for each precinct with all charges /fees for that precinct to Brazos County Road and Bridge Department at the end of each month with all the original work order tickets acquired for that month attached to the appropriate statement. • Vendor shall provide a quote for the rental of each type of container listed per month. if rental fee does not apply, please put a dollar amount of $0.00. if it is left blank, it will be assumed that there is no fee for rental of that specified equipment. • Vendor shall provide a price per haul from each individual location to the current dump site. • Quote provided for hauling of trash must include any delivery or pick up fees /charges of the containers. Exhibit A Page I of 5 pg. l Locations of Citizen Collection Sites Precinct 1 21303 Kathy Fleming Road (located I mile off FM159 in Precinct l) • Requires One (1) 2 cubic yard Stationary Compactor • Requires One (1) 40 cubic yard roll off receiving Container Precinct 2 2807 FM 2038 (located approximately .01 mile from Dilly Shaw Tap Rd in Precinct 2) • Requires One (1) 2 Cubic Yard Stationary Compactor • Requires One (1) 40 Cubic Yard Roll Off Receiving Container a Requires One (1) 30 Cubic Yard Open Top Roll Off Container (White Goods) Precinct 3 10940 State Highway 30 (located approximately 1.75 miles off of FM 158) • Requires One (1) 2 Cubic Yard Stationary Compactor • Requires One (l) 40 cubic Yard Roll Off Receiving Container Precinct 4 7250 Raymond Stotzer Pkwy (located 0.4 miles west of Old Jones Road) • Requires One (1) 2 Cubic Yard Stationary Compactor • Requires One (1) 40 cubic Yard Roll Off Receiving Container 9125 Mumford Road (located 0.8 Mile south of OSR) • Requires One (1) 2 Cubic Yard Stationary Compactor • Requires One (1) 40 cubic Yard Roll Off Receiving Container • Requires One(]) 30 Cubic Yard Open Top Roll Off Container (White Goods) 1495 Silver Hill Road (located off of Hwy 21 West, approximately 0.25 mile west of Smetana Community) • Requires One (1) 2 Cubic Yard Stationary Compactor • Requires One (l) 40 cubic Yard Roll Off Receiving Container *Road and Bridge Department (located at 2617 West Highway 21; Bryan, TX 77803) • Requires One (1) 30 Cubic Yard Open Top Roil Off Container OR One (1) 30 Cubic Yard Open Top Roll Off Container o Road and Bridge will notify the vendor when container is full o Once notified the vendor will pick up the container o Container will be delivered to Bryan Iron and Metal located at 2011 Highway 21 W; Bryan, TX 77803 o Truck driver is required to do the following at Bryan Iron and Metal: • Drive onto scale to get gross weight of truck and load • Drive load to back area and dump contents where specified by the attendant • Drive onto scale to get a tare weight for the truck and empty container • Receive receipt/ticket from Bryan Iron and Metal with all the recorded weight • Return the container back to the Road and Bridge location • Vendor will send all statements /invoices for hauling of the container separately from all other locations with all receipts /tickets received from Bryan Iron and Metal attached, within 7 business days of receiving them to Brazos County Road and Bridge Department. Exhibit A Page 2 of 5 ILI, P9--'- • Vendor will quote a price for One (1) 30 Cubic Yard Open Top Roll Off Container and One (1) 40 Cubic Yard Open Top Roll Off Container for this location_ Brazos County Road and Bridge will decide which container will fit their needs the best. Vendor must sign and agree to all terms and conditions of Brazos County Service Contract Attached or it will not be valid. Successful Bidder must provide evidence of Workman's Comp, General Liability and Automobile Insurance prior to award. • Quotations should reflect a monthly charge for the rental each type of the container, and reflect a cost per pound for hauling. Please fill out and sign the "Solicitation of Quotes" form and hand deliver or mail to 200 South Texas Ave. Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked with the SOQ number. Quotes must be received by the Brazos County Purchasing Department by 5 :00pm, Wednesday, September 21, 2011 or they will not be considered. Exhibit A Page 3 of 5 /,5/ pg.---] ) I - 'rypof Container 2 Cubic Yard Stationary Com pactor 40 Cubic Yard Roll Off Receiving Container 30 Cubic Yard Open Top Roll Off Container (White 40 Cubic Yard Open Top Roll Off Container Solicitation for uotes Quantity of Container 6 Quotes for Hauling of Trachjl,nna. 6 2 1 TOTAL Rental Cost per month $125.00 PER MONTH /EACH INCLUDED IN ABOVE NO CHARGE NO CHARGE $750.00 Location of Pickup Precinct Type of Container Cost Haul Hauled per 21303 Kathy Fleming 40 Cubic yard roll off Road 1 receiving Container $125.00 PER HAUL` 2807 FM 2038 2 40 Cubic Yard Roll Off $125.00 PER HAUL-,, Receiving Container 30 Cubic Yard Open 2807 FM 2038 2 Top Roll Off Container $110.00 PER HAU0HE White Goods 10940 State Highway 30 3 40 Cubic Yard Roll Off $125.00 PER HAUL * Receivin Container 7250 Raymond Stotzer 4 40 cubic Yard Roll Off P Receiving Container $125.00 PER HAUL 4125 Mumford Road 4 40 Cubic Yard Roll Off $125.00 PER ::lIAI1E'� Receivin Container 30 Cubic Yard Open 9125 Mumford Road 4 Top Roll Off Container $110.00 PER HAUL * -, _ White Goods 1495 Silver Hill Road 4 40 Cubic Yard Roll Off $125.00 PER HAUL* Receivin g Container 2617 West Highway 2 30 Cubic Yard Open Bryan, TX 77803 please see Top Roll Off Container 110.00 PER HAUL s ec sabove TOTAL j ()%.00 *BRAZOS COUNTY BILLED DIRECTLY FROM THE BVSWMA LANDFILL 11*TEXAS COMMERCIAL WASTE WILL PAY $0.05 PER LB FOR RECYCLABLE METAL:: Exhibit A Page 4 of 5 Vol. l �5 — Pg.-- 113 The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and conditions contained in this document and agrees to be held to them for the term of this contract. Name of Company: TEXAS COMMERCIAL WASTE Tax ID #: 74- 1547749 Address: P 0 BOX 645 ; BRYAN , TEXAS 77806 Telephone #: 979- 775 -7171 Printed Name: RONALD SCHMIDT Signature of Authorized Representative: Exhibit A Page 5 of 5 VOL- Pg. r STwIT ! =At Document Efficiency IMAGE PLUS . f Schedule work: Manage✓ e'n ARICOH COMPAW Product Schedule Number: stale and Local Government Master Agreement Number, This Image Management Plus Product Schedule ( "Schedule ") is made part of the State and Local Government Master Ag eeme t ( "Mjster Agre ent ") identified on this Schedule between IKON Office Solutions, Inc. ("we" or "us ") ands 1' _ as Customer ( "Customer" or "you "). All terms and conditions o the Master Agreement are i corporated into this Schedule and made a part hereof. it is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Schedules to the Master Agreement. CUSTOMER INFORMATION :r (Bit) o tsmtng ua vu ,.a, ,� , % a c�c , 2 au�ti. Ttxas AtAe S e Billing Address {derent ran location ad {ess) Location Address X 7� qO % y� ! LIA �3ttts OS ( 0 City County State Zip County State Zip __...,.. T..Ia..Annu K„mher Billing Contact Facsimile Number Billing Contact S -Mail Address nnrititr!`T nrizi PIPTION ("Product") PAYMENT SCHEDULE Advance Payment Minimum Term Minimum Payment Minimum Payment Billing Frequency Y months (i3ithour 7az Monthly 1" Payment 7 Quarterly 1" &Last Payment $ 7 I t• g Other: _ Q Other: d Guaranteed Minimum lma es o Cost of Additional [ma es* L'N� er ReadingjBilling Frequency Color Coinr nthly Quarterl 3, OD O er: : , 7 i Based upon Minimum Pavment Billing Frequency Based upon standard 8 '' /�' x 11" paper size. Paper sizes greater than 8 %" x 11" may count as more than one image. Sales Tax Exempt: (�� (Attach Exemption Certificate) Customer 13iliin Reference Number (P.O Addendum(s) attached: YES (check if yes and indicate total number of pages: 7 #, etc.) TERMS AND CONDITIONS I . The first Payment will be due on the Effective Date. e undersigned Customer, have applied to us TERM o use the above - described items { "Product'') for lawful commercial (non- consumer) purposes. 2. You, th THIS 1e AN UNCONDITIONAL, NON - CANCELABLE AGREEMENT FOR Till, MINIMUM TER INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product on all the terms hereof, including the 'Terms and Conditions on the Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU. IIAVF READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER ANT• Carlonxrinirinfi 1- 888 -ASK IKON www. ikon.coin SLG PS-IMP G4.11 tV Oxo:n_rsaw, . =awdl.oh oxt,.111U,6-1A,Ncrk- :ARnoh( oPm,mcrc,&k mkc jIKON0:9iccSul - %.Inc RcohN I% ti I au,dc—I,oras,,hCnap.�_t,d Page l oft Vol . �_� Pg. Image Char eg s/Meters: In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Images as specified in the Payment Schedule of this Schedule. The Meter Read ing/13i 11 ing Frequency is the period of time (monthly, quarterly, etc.) for which the number of images used will be reconciled. If you use more than the Guaranteed Minimum Images during the selected Meter ReadinglBiiling Frequency period, you will pay additional charges at the applicable Cost of Additional Images as specified in the Payment Schedule of this Schedule for images, black and white and/or color, which exceed the Guaranteed Minimum Images ("Additional Images "). The charge for Additional Images is calculated by multiplying the number of Additional lmages times the applicable Cost of Additional Images. The Meter Reading/Billing Frequency may be different than the Minimum Payment Billing Frequency as specified in the Payment Schedule of this Schedule. You will provide us or our designee with the actual meter reading(s) by submitting meter reads electronically via an automated meter read program, or in any other reasonable manner requested by us or our designee from time to time. If such meter reading is not received within seven (7) days of either the end of the Meter Reading/Billing Frequency period or at our request, we may estimate the number of images used. Adjustments for estimated charges for Additional Images will be made upon receipt of actual meter reading(s). Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4- Additional Provisions (if any) are: STONIER REPRESENTS THAT HEISIE HAS THE AUTHORITY THE P1BSUN SI;NING TH SCHE011 REH F TJE CUM T accepted hy: IKON OFFICE SOLUTIONS, INC. CUS — SY Y AuthoriziA Signer Signature AuthcriILSKne, Signature Printed Name: _ Printed Name: -- I — Title: Date: Title: Date' — _ - -_._ 1 -888 -ASK IKON www.i -0—on, SLG PS -1M P 04.11 WON nff— ,Wmi —m mid 11:0^1 Du:nm;nc tflieiaw Al L�n6•: S Rmu6 C >m.par, J I i.d,,!,;W I pr M)N Nil= Solutions. Ira Ri,,hti ry � i.crud vxt:mark of Ri.,W C.7,,,pa+ . l.ld Pagel � of 2 vo►. 15-1 pg. IKON OFFICE SOLUTIONS II'L IMAGE MANAGEMENT PI VS COMMITMENTS The below service commitments (couectively, ft Service Commitments') are brought to you by IKON Office Solutions, Inc.. an Ohio corporation having its principal place otbus ON to ne is Valley Stream liable to the equipment ( "Product ") ect provide all Malvern, the services set('' O below and s tally responsible ble t you Ricoh ihe cusmamer, for al of the Service Comrnilme ts.'The Service commitments t are eon y applicable That WON alone is the pally o described in the image Management Plus Product Schedule to which these Sery ice Commitments are attached, excluding facsimile machines, single-function and ode- formal prntes and production units. The Service Commitments are effective on the date the Product is accepted by you and apply during IKON's normal bus nit s hours, excluding weekends and IKON recognized holidays They remain in effect for the Minimum Term so long as no ongoing default exists on your part. PERFORMANCE COMMITMENT Daemoeetmck-Y At Ala TERM PRICE PROTECTION The Image Management Minimum Payment and the Cost of Additional Images, as described on the Image Management Plus Product Schedule, will not increase in price during the Minimum Term of the Image Management Plus Product Schedule, unless agreed to in writing and signed by both parties. PRODUCT SERVICE AND SUPPLIES IKON will provide full coverage maintenance services, including replacement pads, drums, labor and all service calls, during Normal Business Hours. "Normal Business Hours" are between 8.00 a.m. and 5:00 p.m., Monday to Friday excluding public holidays. IKON will also provide the supplies required to produce images on the Product covered under the Image Management Plus Product Schedule (other than non- metered product and soft- metered product). emER provided according to manufacturer's speaficatigns. Opti�o5n�! sup" es hi� fransparenotes are not included._." rt%Lt�GS RESPONSE TIME COMMITMENT IKON will provide a quarterly average response time of 2 to 6 business hours for all service cans located within a 30 -mile radius of any IKON office, and 4 to 8 business hours for service calls Rested within a 31 -60 mile radius for the ate term or all P the Product covered by the image Management Plus Response time is measured in aggregate Product Schedule. llPT1ME PERFORMANCE COMMITMENT IKON will service the Product to be Operational with a quarterly uptime average of 96% during Normal Business Hours, excluding preventative and interim maintenance time. Downtime will begin at the time you place a service call to IKON and will end when the Product is again Operational. You agree to make the Product available to IKON for scheduled preventative and Interim maintenance. You further agree to give IKON advance notice of any critical and specific uptime needs you may have so that IKON can schedule with you interim and preventative maintenance in advance of such needs. As used in these Service Commitments "Operational" means substantial compliance with the manufacturer's specifications and/or performance standards and exciudes customary end -user corrective actions. IMAGE VOLUME FLEYI60.JTY AND PRODUCT ADDITIONS At any time after the expiration of the initial ninety day period of the original term of the Image Management Plus Product Schedule to which these Service Commitments relate, IKON will, upon your request, review your image volume, if the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, IKON will present pricing options to conform to a new image volume. ff you agree that additional product is required to satisfy Your increase image volume requirements, IKON will include the product in the pricing options. The addition of product andlo( incfeasesldecreases to the Guaranteed Minimum Images requires an amendment ("Amendment') to the Image Management Plus Product Schedule that must be agreed to and signed by both you and IKON. The tern of the Amendment may not be less than the remaining term of the existing Image Management Plus Product Schedule but may extend the remaining term of the existing Image Management Plus Product Schedule for up to an additional 60 months. Adjustments to the Guaranteed Minimum m i s co eases are limited led addition of of product may esull in a higher or lower minimum payment. the Guaranteed Minimum Images in effect at the time of Amendment. PRODUCT AND PROFESSIONAL SERVICES UPGRADE OPTION At any time after the expiration of one -half of the original term of the Image Management Plus Product Schedule to which these Service Commitments relate, you may reconfigure the Product by nced adding, exchanging, or upgrading to an item of Product with additional features or enh�ed to technology. A new Image Management Plus Product Schedule or Amendment must be ag and signed by you and IKON for a term not less than the remaining term of the existing Image Management Plus Product Schedule but may, in the rase of an amendment, extend the remaining term of the existing Image Management Plus Product Schedule for up to an additional 60 months. The Image Management Cost of Additional Images and the Minimum Payment of the new Image Management Phis Product Schedule or Amendment will be based on any obligations remaining 0 the Product, the added product and new image volume commitment. Your IKON Accoun Executive will be pleased to work with you on a Technology Refresh prior to the end of your image Management Plus Product Schedule or Amendment. IKON is committed to performing these Service Commitments and agrees to perform ds services in a manner consistent with the applicable manufacturer's specifications. If IKON fails to meet any Service Commitments and in the Unlikely event that IKON is not able to repair the Product in your office, IKON, at IKON's electron, will provide to you either the delivery of a temporary loaner, for use while the Product is being repaired at IKON's service center, or IKON will replace such Product with comparable Product of equal or greater capability at no additional charge. These are the exclusive remedies availabte to you under the Image Management Plus Commitments, Customers exclusive remedy shall be for IKON to re- perorm any Services not in compliance with this warranty and brought to IKON's attention in writing within a reasonable time, but in no event more than thirty (30) days after such Services are performed. If you are dissatisfied with WON's performance, you must send a registered letter outlining your concems to the address specified below in the 'Quality Assurance' section. Please allow 30 days for resolution. ACCOUNT MANAGEMENT Your IKON sales professional will, upon your request, be pleased to feview your product performance metrics on a quarterly basis and at a mutually convenient date and time. IKON will folbw up within 8 business hours of a call or e-mail to one of our account management team members requesting a in review. IKON vill, upon your request, be pleased to annually review your business environment and discuss ways in which we may improve efficiencies and reduce costs relating to your document management processes, QUALITY ASSURANCE Please send all correspondence relating to the Service Commitments oni re 3�210d Lett revel ty Quality Assurance Department located at: 3920 Arkwuight Road, Assurance. The Quality Assurance Department will coordinate resolefion of any performance issues concerning the above Service Commitments with your local IKON office. ff either of the Response Time or Upttme Performance Commitments is not met, a one -time credit equal to 3% of your Minimum Payment invoice total will be made available upon your request Credit requests must be made in writing via registered letter to the address above. IKON is committed to responding to any questions regarding invoiced amounts for the use of the Product relarin to the Product Schedule within in a two (2) day timetrame. To ensure the most timely esp p call1 -886- ASK- IKOfv. MISCELLANEOUS These Service Commitments do not cover repairs resulting From misuse (including without limitation improper voltage or environment or the use of supplies that do not conform or to the manufacturer's specie subjective IKON. IKONsandyou each reproduction accuracyl that these other factor beyond understanding mattere h{.eoreof (land represent the entire for any SServ`ce parlies with not performed in accordance with the foregoing is as set forth under the section hereof entitled 'Performance Commitment '. The Service Commitments made herein are service and/or no warranties and are not product warranties. Except as expressly set forth herein, IKON makes no warranties, express or implied, including any implied warranties of merchantability, fitness for use, or fitness for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect punitive or special damages. Customer expressly acknowledges and agrees that, in conne.GiI with the security or accessibility of information stored in or recoverable from any Product provided or serviced by IKON, Customer is solely responsible for ensuring its own compliance with legal requirements or obligations to third parties pertaining to data security, retention and protection. To the extent allowed by Jaw Customer shall indemnify and hold harmless IKON and its subsidiaries, directors, officers, employees and agents from and against any and all costs, expenses, liabilities, claims, damages, losses, judgments or fees (including reasonable affomeys' iees) arising from its failure to c0mpy with any such legal requirements or obligations. These Service Commitments shall be govemed according to the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. These Servxe Commitments are not assignable by the Customer. Unless otherwise stated in your Implementation Schedule, your n Product will ONLY be serviced by an "IKON Certified Technician'. You acknowledge and agree t [hat, in connection with its performance of its obligations under these Service Commitments, IKON may place automated meter reading units on imaging devices, including but not limited to the Product, at your location in order to facilitate the timely and efficient collection of accurate meter read data on a for monthly, ch purpose. once transmitted, IKON alll Meier read units will become the esoe property Of IKON and will be utilized for billing purposes, each party has caused its du 11 authorized officer to execute these image Management Plus Commitments as of -- 2g� t['a7.0� r vrV` T - ��— N� IKON OFFICE SOLUTIONS, INC. Title:_ Title: 1-88,y-ASK IKON wow, ikon. corn r SI_GPS- 131 I:: ON 011ier57dN, oiarnA IKON . Da: an •.�r.+rEOi.km..AtW1rkr!4Ricnh( 7111111" n'' ri:' n;i",!IKO`IOff.:cSuln,ia•+s.ln. eico9rivaceilacirn3anarkufR ,co>;�,•m t.id Vol. Jam% P9. 117 p;r�Q r of I Document Efficiency At WorC AMCON GONPAM/ IKON Office Solutions, Inc. 70 Valley Stream Parkway Malvern, PA 19355 Equipment/Multiple Location Addendum 20 , to that ADDENDUM ( "Addendum "), dated as of the ^ day of (I'Agreetnt") between certain agreement/product schedule no. — CIO IX 4V �� IKON Office Solutions, Inc. ( "we" or "us ") and as customer (" .ustomer" or "you "). The parties, intending to be legally bound, agree that the Agreement shall be modified as follows: 1. The equipment /product description and location set forth in the Agreement shall refer to, and /or include, the equipment and locations listed below: 2. All capitalized words used but not detinea to mni nuu-1-w ... .. ... ••�•- - them in the Agreement. Except to the extent modified by this Addendum, the terms and conditions of the Agreement will remain unchanged and shall continue in full force and effect. IN WITNESS WHEREOF, each party has caused its duly authorized officer to execute this Addendum, as of date first written above. IKON Office Solutions, Inc. CUS M� ■ X Author-i zed Signature Date Authorised Signature D Q� ater `� , , �( p Print Authorized Signer Name Title Print Authorized Signer Name Title . Al N•x'. �� Hr. : C i. a.e ualni.i l.. II 1)1 .1- .• Mai: ...x 1�:"Ai' ... _ y.d i•..1: .-..I .. i . � In Ire .I (1\ tlf'_r •..Giw•n• —1 IY.1 I . 1),.� - � " ••. Vol. 19 ' Document Efficiency _ At-Wark.7 Equipment Removal Authorization Customer Name Equipment Leased by Customer fi•nnz IKON. IOS Capital, or IKONTinancial Services 0 Date Prepared Contact Name �,G Phone Fax Email 0 Check if Additional Product Description page(s) attached This Authorization will confirm that you desire to engage IKON Office Solutions, Inc. ( "IKON ") to pick -up and remove certain items of equipment that are currently leased by you from IKON, IOS Capital or MON Financial Services, and that you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written form) to us from time to time for such purpose. Such removal request will set forth the location, make, model and serial number of the equipment to be removed by IKON. By signing below, you confirm that, with respect to every removal request issued by you (1) MON may rely on the request, and (2) the request shall be governed by this Authorization. Except for the obligations of IKON to pick -up and remove the identified equipment, IKON does not assume any obligation, payment or otherwise, under your lease agreement, which shall remain your sole responsibility. As a material condition to the performance by IKON, you hereby release IKON from, and shall `indemnify, defend and hold IKON harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you under your !cast agreement. RevisedOLU9 Vol. �, ��.� Pg. Vol. 151 Pg. r) 0 0. (D CU Ln 0 0 13 co �l ) L m I CL D D r+ rn 0 �.h 11 1 N O F� O n C H v v � 3 M Q °z � n .. n .« m r C = ►., N u=i 0 rD rD � � O cr ° r. CL N N N O'i Ln 1 ;..tea ib 00 v 00 j .et• ":) i j ; i�; n�i '6 00 on a) a = aroi aQ tt' N ;pi''r W�t ut fD (D N fD ID S pAi�#Ng'tt „+ a LA M Cn to `` akr,. a4 Raix ii i fD S. n g 1 rYL iP zf 1� ij ? L t N -Q � � � i H pii . SiA+v'it��f _ iikl � �• � � � � 0 fD fD M 7 }� a p- Y1 S ,k ,.. l!: ilk i!1• 00 (n rn 0o rn A In 00 A a; o w o o rD z i t i G I.A N p N H a f a v J N 00 p O O O Z. n 3 �, o 0 0 a w Ln 0 UN a Ln w 00 00 00 � 00 � Ln 0 N N N A IJ7 x (D W v OG A A A w Co Ln 1-� in In Ln oo �D C X O [n LU -J V V 1i- U7 c O o o A V OAO O w 0 0 Ul v Vol. 151 Pg. r) 0 0. (D CU Ln 0 0 13 co �l ) L m I CL D D r+ rn 0 �.h 11 1 N O F� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: September 27, 2011 ITEM: Request from Verizon Communications to place 619 feet of buried cable installations in the right of way of Andert Road at a minimum depth of 36 inches Site is located in Precinct 2. SOURCE OF FUNDS: NIA EXCEPTIONS/NOTES: REQUIREMENTS: • No work will be permitted between front slope and/or back slope_ • All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be l) within 3.5' of and parallel to the right -of -way line and/or 2) in the case of a road bore, perpendicular to the right -of -way line. • if clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. • Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highwgy published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED APPROVED BY: Garl Arnold, CFM Commissioner Sammy Catalena Director of Planning Precinct 2 CC2011 -077 This Request is p roved or Denied ❑, by Commissioners' Court Date: 9 / I Duane Peters, County Judge Vol . � 5� Pg. veri tan Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 Sept. 13, 2011 GARY ARNOLD Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. ARNOLD: Subject: AGRMNTS 24 BURIED CABLE Enclosed are From ED -135 and a work location sketch showing the location of our proposed buried cable line on county roads in Brazos County at College Station, Texas. This work is to be completed on Work Order 5435- 4POAOAU which is scheduled for 10/03/2011 If you have any questions concerning this work, please contact Richard Wallace at our office in Bryan, telephone 979 -821 -4752 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, r` BRENDA VAJDAK Supervisor — Network Engineer JS:ec Attachment Vol. 151 pg. laa L �1 laa VERIZON COMMUNICATION Notice of Line Installation DATE 69/13/2011 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right -of -way of a County Road in County, Texas as follows: Beginning at a point approximately 784' southeast of the northeast corner of the junction of Andert Rd and Hwy 21, buried cable will be placed southeast at 5' within the northeast R.O.W. of Andert Rd for 619'. The cable will be buried to a minimum of 36', and a parallel bore will be made under a driveway. The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does riot constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after 10/03/2011. RIZON COMMUNICATIONS rz.c%f� VCs�r.�cL� Brenda Vajdak Supervisor - Network Engineer 301 Industrial Blvd Bryan, TX 77803 Vol. 151 Pg, /2�3 Google Maps '-~ l Page of Notes 5455VvC#588U mx]#4p0AUAU WORK LOCATION _____-_ ..... _ � � ^ ' ° , - ! � ° ! | "Vinn Oaks - | http://maps.google.comJmaps?hl=en&ic=IJ�F8&11=30.7 -'0 A -96 4 9/13/2011 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10111 50.1 — 50.5 On this the 27th day of September 2011 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassennann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 27th day of September 2011 the Court heard and approved a budget amendment for the 2010-2011 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 14 September 2010, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 27th day of September 2011. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By:_ Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 50.1 9/2712011 FUND DIV _ ACCT PRO_J DRICR ACCOUNT NAME Increase Decrease 0100 23100100 61400000 CR Visiting Court Reporters 284.00 0100 23100100 51610000 DR 1 sourly Staff 284.00 County Court at Law 42 Reallocation of funds to Dav for Sub -Court Reporting that was completed on 2011. 1ot1 ®l. / �5i pg._ /R. 7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 50.2 9/2712011 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 14000100 67203000 CR Minor Computer Hardware 2.222.00 0100 14000100 65150000 DR Computer Maintenance 2,222.00 Information Technology Reallocation of funds to cover remainder of FY 11. 'Ped ' --Pare d,13 By ,hnrn ba Department Approval:. Date Port VOL- P9 I J BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 50.3 9/27/2011 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 11001500 1 61130000 CR General Contin enc y 13_5,000.00 0100 11010000 72201000 DR CRT Approinted Attys - CCL 41 2,049.00 0100 11010000 72203000 DR CRT A ointed Atty Prient/Diss _ 4,088.00 _ 0100 11010000 72205000 DR CRT Appointed Attys - 85th 33.609.00 0100 11010000 72206000 DR CRT Appointed Attys - 272nd 50,081.00 0100 11010000 72207000 DR CRT Appointed Attys - 361 st 35,173.00 0100 11010000 61210000 DR Court Cost 10,000.00 General Fund Contingency and Court Support - Criminal Reallocation of funds to cover remainder of FY 11. Prepared By nnm Date 9!2:112017:; )epartmerit Approval Date 17 Vol. _=L-- P& I �� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 50.4 9/2712011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME_ Increase Decrease 0100 24201200 71500000 CR Rental-Equipment 8.00 0100 24201200 59100000 _ CR DDEA 35.00 0100 24201200 61730000 DR Telephone - Long Distance 43.00 Justice of Peace 2.2 Reallocation of funds to cover remainder of FY 11. Prepared ;By rlttm Date _' `.` 9f2;1/201'1 Vol- g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 50.5 9127/2011 FUND DIV ACCT PROJ 6R1GR ACCOUNT NAME Increase Decrease 0100 11000500 72590000 CR Professional Fees - Other 2,850.00 0100 1 1000500 71025000 DR Contract Services 2,850.00 Non - Departmental Reallocation of funds to cover Pro e Owners Association Dues to Park Hudson. F, repared By rtr�rti Gate . 9!22/2011: 1 of 1 Vol. / 6/ pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 27, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To 272 "d District Court Bryan III, Travis Budget Change Kyriell, Kaetheryne Budget Change MacKay, Denise Budget Change Montoya, Ernest Budget Change Parker, Lisa Budget Change Rodriguez, Connie Budget Change Brazos Center Green, Leonard Transfer w /in Dept. Collections Skinner, Tanya Budget Change Commissioners Court Gallego, Candy Cell Phone Allowance County Attorney Biddle, Scott Budget Change Cooper, Billy Budget Change Jadlowski, Christopher Budget Change Montoya, Raymond Budget Change Suhling, Kendra Promotion Wager, Troy Budget Change County Clerk Cohen, Susie Budget Change Ramirez, Teresa Cell Phone Allowance Wright, Becky Budget Change County Court at Law #1 Bailey, Laura Budget Change VOL /:5/ pg ,131 County Court at Law #2 Rose, Sharon Budget Change Sustayta, Kathryn Budget Change County Judge District Clerk Eckstrom, Bethany Peters, Duane Blajeski, Nicole Burns, Kadie Morgan, Lori Ogletree, Erica Pace, Crystal Reeves, Lauren Expo Cooper, David Dempsey, Darla Smith, Ronald Thompson, John Human Resources Sauseda, Monica IT Caldwell, Eric Fish, Patricia Soares, Ian Wolfe, Matthew JP Pct 1 Box, Mary Garcia, Loretta Sippel, Jessica Treat, Ronnie Walker, Courtney Cell Phone Allowance Budget Change Budget Change Budget Change Budget Change Transfer w /in Dept. Budget Change Transfer Min Dept. Resignation Budget Change Promotion New Hire Promotion Transfer w /in Dept. New Hire Budget Change /Cell Phone Allowance Cell Phone Allowance Budget Change Transfer w /in Dept. New Hire Budget Change Promotion JP Pct 2 -1 Shilling, Carmen Budget Change Vol. % -5/ pg. l 3co JP Pct 2 -2 Golson, Patricia Budget Change Gonzalez, Melissa Transfer Win Dept. Palomares, Teresa Retirement JP Pct 3 Gott, Myra Transfer to Another Dept. Juvenile Smith, Sherry Cell Phone Allowance Tates, Linda Transfer wlin Dept. Tolmsoff, Shawn Transfer Win Dept. Magistrate 2 Price, Robert Budget Change Purchasing Wendt, Charles Cell Phone Allowance Records Management Allen, Lynn Cell Phone Allowance Risk Management Becerra, Roberta Budget Change Road & Bridge Jacobs, Richard Budget Change SO -- Admin Stone, Elizabeth Promotion SO - Jail Currie, Michael Transfer wrn Dept. Dockery, Monica Termination Jones, Charles Transfer Win Dept. Sifuentez, Anna Transfer w /in Dept. Tax Office Grace, Mary New Hire Veteran Services Yeppez, Johnny Budget Change 13-3 i5� p . -� Vol. _- --- - -- - -/ —. Approved in Commissioners' Court: September 27 2011: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol._.__ 15-1 pg.--Lj -- • N STATE OF TEXAS § t� C jZ_ ytj COUNTY OF BRAZOS § Ely BEFORE ME, the undersigned authority. on personally appeared n, who being duly sworn, deposes and says: 1. That he/she has a substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No, of the Court Agenda dated q2-7-11 described as — would have a special economic eflect on that business entity or a special economic effect on the value of the real property, that is distinguishable fi-om the effect on the public, 2. That the substantial interest is (check the following as is appropriate): a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year-, or c. An equitable or legal ownership in real property with a fair market value of $2.500 or more; or d, A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above: or e. 3. That I will abstain from participation in the matter referred to in Item I uftless authorized by law, \A I Signature _,� SWORN TO AND SUBSCRIBED BEFORE SSE this the 19day of <�PD&hPI-20_L1 "ny EstroFn Notary Public in and Notary Public The State of Texas —b—A" �Tt STATE OF TEXAS MyC tug. Exp.0W015 Filed: County Clerk Vol. / 5/ Pg.— /3-5-- In the name and by the authority of The State of Texas OATH OF OFFICE I, T$RRI 11HITE , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of TREASURER- CHIEF DEPUTY Of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. ILI Affi t SWORN TO and subscribed before me by affiant on this -=ZZT"" day of LAURATAYLOR OAVIS * Notary Public, Stale al Taxes Mg Commission Expires +� MARCH b, 2013 ACKNOWLEDGED Duane Peters Date County Judge A Signature of Pe n Administering Oath 1..wf tik' /r' % `� . � r�' .1)AV, S Printed Name Title 48 l S/ VOL P �3 g• STATEMENT OF ELECTED /APPOINTED OFFICER (Pur+uorel to Tex. Canal. art. XV7, §1(U), amended 7001) I, TRRRT WHTTE , do solemnly swear (or affirm), that 1 have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE Ofii is Signature Date I 7)6L?J#,t, gvg Position to Which glectedfAppointed 51 bmzps 1,4 City and/or County vot. ACKNOWLEDGED o j� Duane Peters Date County Judge In the District Courts of Brazos County, Texas Ago I ! toll M" Wt MEW ORDER DETERMINING COMPENSATION OF COURT REPORTERS On the 24th day of August, 2011, after a public hearing in accordance with the Texas Local Government Code, the undersigned Judges of the 85`h, 272 "d and 361St District Courts in Brazos County, Texas, determined the compensation to be paid to the Official Court Reporters of the 85', 272 "d and 361 S` District Courts as set forth in this order. IT IS THEREFORE ORDERED that, effective October 1, 2011, the annual compensation of the Court Reporters for the District Courts in Brazos County be set as follows: Position Name Sal Court Reporter Paula K. Frederick $65,437.00 85t`' District Court Court Reporter Denise MacKay (Part-time) $32,718.00 272 " District Court KaetherynKriel (Part-time) $32,718.00 Court Reporter Felix Thompson $65.437.00 361 St District Court Page I of 3 Vol. 1 _,5 j P9. _�3 � However, if in the FY 2011 -2012 county budget, the Commissioners Court of Brazos County approves any cost of living increase to the salaries of county employees, the amounts of annual compensation reflected above shall be increased by the same percentage amount of cost of living adjustment approved by the Commissioners Court for the salaries of county employees. Additionally, the Court Reports for the District Courts shall be paid longevity based on years of service at September 30, 2011, in accordance with the Brazos County Longevity Pay Policy and in the amount set forth by said policy. IT IS FURTHER ORDERED that the total amount of compensation allowed for any court reporter appointed by and serving the East Texas Cluster Court in Brazos County shall not exceed $32,718.00 during the fiscal year beginning October 1, 2011. IT IS FURTHER ORDERED that the District Clerk of Brazos County shall file this order in the minutes of the District Courts of Brazos County, Texas and shall certify this order to the Commissioners Court of Brazos County, Texas for its observance. SIGNTED this day of August, 2011. D. LANGLEY STEVE SMITH Presiding Judge Presiding Judge 85th District Court 361" District Court TRAVIS B. BRYAN, III Presiding Judge 272nd District Court Page 2 of 3 Vol. 161 Pg. 1--391 ACKNOWLEDGED aT pE � Duane Peters Date County Judge In the District Courts Of Brazos County, Texas AMENDED ORDER DETERMINING COMPENSATION OF COURT REPORTERS OF 272ND DISTRICT COURT On the 22nd day of September 2011, after a public hearing in accordance with the Texas Local Government Code, the undersigned Judges of the $5', 272nd, and 361 s1 Distri ct Courts in Brazos County, Texas determined to amend the compensation to be paid to the Official court Reporters of the 272nd District Court as set forth in this order. IT IS THEREFORE ORDERED that, effective October 1, 2011, the amended annual compensation of the Court Reporter for the 272nd District Court of Brazos County be set as follows: Position Name S LIM Court Reporter Denise MacKay (Part-time) $33,540.00 272nd District Court Kaetheryne Kyriell (Part-time) $33,540.00 Pagel of 2 / Vol. 1 I P9. However, if in the FY 2011 -2012 county budget, the Commissioners Court of Brazos County approves any cost of living increase to the salaries of county employees, the amounts of annual compensation reflected above shall be increased by the same percentage amount of cost of living adjustment approved by the Commissioners Court for the Salaries of county employees. Additionally, the Court Reporter for the District Court shall be paid longevity based on years of service at September 30, 2011, in accordance with the Brazos County Longevity Pay Policy and in the amount set forth by said policy. The Order concerning Court Reporters salaries for the 85a' and the 361" District Courts signed by the undersigned on August 25th, 2011 remains in effect. IT IS FURTHER ORDERED that the District Clerk of Brazos County shall file this order in the minutes of the District Courts of Brazos County, Texas and shall certify this order to the Commissioners Court of Brazos County, Texas for its observance. Signed this 22nd day of September, 2011. .D. LANGLEY Presiding Judge 85'' District Court 2VIS B. BRYAN, III Presiding Judge 272nd District Court Page 2 of 2 Vol. / '5I Pg. STEVE SMITH Presiding Judge 361" District Court r %f '.b -613 It, }k Brazos County Purchasing Department Weekly Update 9/16/11 — 9/22111 Number of PO's Processed: 15 Requisitions Completed: 0 Capital Payments: 13 Projects In Progress Construction Courthouse: Phase I & II - County Attorney area is in the process of drying out o Carpet is being replaced in designated areas o Madison is working to remedy all issues - Demolition of old District Clerk area is underway Phase III - Contract is in progress Bids/ RFP's/ RFQ's Jail Pharmaceuticals - Working on additional considerations for high cost medications c Waiting on additional information from Jail Carpet for Courthouse - Currently working on contract with vendor Representation of Indigent Juveniles - Best and final offer received - Currently under review by District and County Court at Law Judges Aggregate for Surface Treatment Flexible Base -Open bids on 9130 Crack Seal -Bid goes out 9/26 Renewals Seal Coat -Bid solicitation in progress Janitorial Supplies Jail Cleaning Supplies Oil Changes"` - Renewal in progress Vol. �� pg. Solicitation of Quotes Other Portable Toilets Trash Contract Elevator Maintenance Auction -To Court 9/27 -To Court 9/27 - Currently with legal - Auction ends on 9/24. See www.lonestaron line, com - The surplus room is full. No more items can be accepted unless an emergency situation occurs. Sanctuary Courtroom - Maintenance is finished with their portion of work - Sound system ordered, delivery and install week of 9/19 Purchasing Policy - Reviewing and revising policy Electronic Bid System - Reviewing contract and requirements vol. 15/ _pg.