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2012-11-13-10:00AM-REGULAR SESSION
BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 13, 2012 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and/or concerns. 3. Presentation(s) Presentation of the Results of the FY 2012 Economic Impact Analysis for the Brazos County Exposition Complex. Consider and take action on agenda items 4 - 22: 4. Reclassification for following positions under the County Attorney effective November 10, 2012. The reclassification has no impact to FY 2013 budget: • a. Decrease Receptionist - CA, Class Code 0522 Position 1, Group NA Step NA, Budgeted Hourly Rate at $17.09 per hour to $15.96 per hour • b. Increase Secretary, Hot Check, Class Code 0533 Position 1, Group NA Step NA, Budgeted Hourly Rate at $14.83 per hour to $15.96 per hour 5. Reclassification for the Clerk II - Warrant Clerk position at the Sheriff's Office. There will be no fiscal impact t o the budget. Effective date will be November 10. 2012: • a. Reclassification for Class Code 1445 Position 1, Group 12, Step 11, to Group 12 Step 13 Pay Code 014. 6. Consider and take action on the payment of six thousand two hundred fifty dollars ($6,250.00) for supplemental environmental proiect. Vol 1.7- Pg. L60 7, Payment Authorization to A&M Travel in the amount of $1,565.20 for the purchase of a flight for an out of state witness needed for trial; a purchase order was not obtained in advance. 8, Payment Authorization to LaSalle Hotel in the amount of $90.85 for one night lodging for out of state witness needed for trial; a purchase order was not obtained in advance. 9. Payment authorization to St. Joseph Hospital in the amount of $5,053.00 to pay outstanding invoices for blood draws performed on suspects of felony and misdemeanor DWI offenses dating from 03/2010 to 09/30/2012. 10. Approval and signature of Agreement for Laboratory Services between Brazos County and College Station Medical Center. Agreement establishes a set price for venipuncture draws performed on suspects of DWI offenses. 11. Contract for Tree Removal Service at the Boonville Cemetery with Advance Tree Care. 12. Title IV -E Child Welfare Services FY2012 Contract # 23940058 Amended. 13. Lease agreement with Ricoh USA for 2 copiers going to County Court at Law # 2 and Constable Pct. 1. 14. Requisition #00040507 to GovConnection in the amount of $873.40 to purchase a scanner using the County Clerk Management Fund. 15. Requisition #00040586 to Anixter in the amount of $516.00 to purchase cables for the capital core switch project. 16. Requisition #00040605 to Sequel Data Systems in the amount of $3,104.40 for the purchase of a new server. 17. Requisition #00040648 to Lowes for CCL #2 for the purchase of a new refrigerator that will cost no more than $700.00. 18. Tax Refund Applications for the following: • a. Victor & Maria P. Munoz -overpayment -$500.00 19. Budget Amendments. Budget Amendments 12/13 7.1 thru 7.8. 20. Approval of the following requisitions to Software House International for the purchase three cameras and software using JP Technology Funds for JP 2.2. • a. Requisition # 00040460 in the amount of $927.00. • b. Requisition # 00040461 in the amount of $915.00. 21. Personnel Change of Status. Personnel Action Forms 22. Payment of Claims. 23. Monthly reports submitted in October 2012. 24. Sheriffs report on inmate population. 25. Announcement of interest items and possible future agenda topics. 26. Call for Citizen input and/or concerns. 27. Adjourn. �� Pg l G PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. 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. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol /7/ Pg /G.Z_ BRAZOS COUNTY BRYAN,TEXAS MINUTES November 13, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING ID Signature Page.pdf La File Stamped Agenda.pdf t Sign 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 10:00 a.m. on Tuesday, November 13, 2012 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, Absent; 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. 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and/or concerns. There was no citizen's input. 3. Presentation(s) /4-3 Presentation of the Results of the FY 2012 Economic Impact Analysis for the Brazos County Exposition Complex. ED Item 3.pptx Tom Quarles said a new economic impact study would be done each year as the EXPO continues to grow. He then introduced Dr. Rebekka Dudensing, Extension Economist with Community Economic Development who told the court that neither weddings nor the fair were included in the survey. She did not recommend including these two items until about the 3rd year. The survey was undertaken to see the economic impact of the 21 events surveyed. A copy of the survey is attached. Consider and take action on agenda items 4 - 22: 4. Reclassification for following positions under the County Attorney effective November 10, 2012. The reclassification has no impact to FY 2013 budget: ED Item 4.pdf • a. Decrease Receptionist - CA, Class Code 0522 Position 1, Group NA Step NA, Budgeted Hourly Rate at $17.09 per hour to $15.96 per hour • b. Increase Secretary, Hot Check, Class Code 0533 Position 1, Group NA Step NA, Budgeted Hourly Rate at $14.83 per hour to $15.96 per hour Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 5. Reclassification for the Clerk II - Warrant Clerk position at the Sheriff's Office. There will be no fiscal impact t o the budget. Effective date will be November 10, 2012: Item 5.pdf • a. Reclassification for Class Code 1445 Position 1, Group 12, Step 11, to Group 12 Step 13 Pay Code 014. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 6. Consider and take action on the payment of six thousand two hundred fifty dollars ($6,250.00) for supplemental environmental project. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 7. CI Item 7.pdf Payment Authorization to A&M Travel in the amount of $1,565.20 for the purchase of a flight for an out of state witness needed for trial; a purchase order was not obtained in advance. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 8. Payment Authorization to LaSalle Hotel in the amount of $90.85 for one night lodging for out of state witness needed for trial; a purchase order was not obtained in advance. Item 8.pdf v1H / 11 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 9. Payment authorization to St. Joseph Hospital in the amount of $5,053.00 to pay outstanding invoices for blood draws performed on suspects of felony and misdemeanor DWI offenses dating from 03/2010 to 09/30/2012. Item 9.pdf St. Joseph Hospital increased the cost of each blood draw from $14 per draw to $50 without any advance notice. The names have been verified and the prices were negotiated down. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 10. Approval and signature of Agreement for Laboratory Services between Brazos County and College Station Medical Center. Agreement establishes a set price for venipuncture draws performed on suspects of DWI offenses. Item 10.pdf Cost to Brazos County will be $13.50 per blood draw. A copy of the Agreement for Laboratory Services between Brazos County and College Station Medical Center is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 11. Contract for Tree Removal Service at the Boonville Cemetery with Advance Tree Care. Item 11.pdf For the removal of 300 year old cedar trees that have died and could damage headstones should they fall over. A copy of the bid tabulation sheet is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 12. Title IV -E Child Welfare Services FY2012 Contract # 23940058 Amended. 0. Item 12.pdf A copy is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 13. Lease agreement with Ricoh USA for 2 copiers going to County Court at Law # 2 and Constable Pct. 1. Item 13.pdf Term of the contract is for 60 months. Minimum payment is $214.00 per month. A copy is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 14. Requisition #00040507 to GovConnection in the amount of $873.40 to purchase a scanner using the County Clerk Management Fund. Item 14.odf Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 15. Requisition #00040586 to Anixter in the amount of $516.00 to purchase cables for the capital core switch project. Item 15.odf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 16. Requisition #00040605 to Sequel Data Systems in the amount of $3,104.40 for the purchase of a new server. Item 16.odf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 17. Requisition #00040648 to Lowes for CCL #2 for the purchase of a new refrigerator that will cost no more than $700.00. Item 17.Ddf Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 18. Tax Refund Applications for the following: Item 18.odf • a. Victor & Maria P. Munoz -overpayment -$500.00 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 19. Budget Amendments. Budget Amendments 12/13 7.1 thru 7.8. 21 Item 19.odf 7.1 Reallocate funds for Hotel Occupancy Tax 7.2 Modify Law Enforcement Officers Standards & Education fund 7.3 Reallocate funds for JP Technology Fund Precinct 2, Place 2 7.4 Transfer funds from General Fund Contingency to Building Maintenance 7.5 Transfer funds from General Fund Contingency to Building Maintenance 7.6 Transfer funds from Non -Departmental to County Attorney Administration 7.7 Transfer funds from Non -Departmental to Juvenile Detention 7.8 Transfer funds from Non -Departmental to TJPC-State Aid /7/ /CC Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 20. Approval of the following requisitions to Software House International for the purchase three cameras and software using JP Technology Funds for JP 2.2. Item 20.pdf • a. Requisition # 00040460 in the amount of $927.00. • b. Requisition # 00040461 in the amount of $915.00. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 21. Personnel Change of Status. Personnel Action Forms Item 21.pdf A copy of the Personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 22. Payment of Claims. Claims Sheet.pdf 0. BILL LIST 11.13.12.pdf 7104136 through 7104413 Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4-0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 23. Monthly reports submitted in October 2012. Item 23.pdf The Court acknowledged receipt of the Extension Service reports submitted in October 2012 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Sheriff ' 7/ 24. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 606 inmates in jail, 60 have electronic monitors and 24 are pending for monitors. The Sheriff also announced that they are pretty close to finishing the holding facility project at the Courthouse. They did a walk through this morning and established a punch list. 25. Announcement of interest items and possible future agenda topics. Eric Caldwell, Chief Information Officer informed the court that users were having problems logging on to TSG recently. He and his staff found a web bot through Justice Web that is affecting TSG and jeopardizing security. So the Justice Web is currently down. This is the result of poor public facing by TSG. His department is currently working on a remedy to this problem. 26. Call for Citizen input and/or concerns. There was no citizen input. 27. Adjourn. Vol. /V pg. /es The foregoing minutes of the Commissioners Court meeting held November 13, 2012 have been examined and are approved in open Court this (7d4 day of LeArri bQ,r , 2012, in Bryan, Brazos County, Texas . Duane Peters County Judge S ttalena Commissioner, Precinct 2 I Caul Commissioner, Precin Attest: Karen cQueen County Clerk Vol 177 Page /6 5' 4Apt (A/Lii4A-4—) Lloyd Wassermann Commissioner, Precinct 1 Kenny Mallard Commissioner, P cinct 3 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 1611-1244-'^-' /31 2012 ATA (2-13/k_ Name (PLEASE PRINT) Organization/Department i C2Zo5 (ty Cyv /1/e/4/1/e. //f Rona Lcielvtd t ra zo_5 t /b yY iig 2os (Di.z4i-p � J .ebb a .. ,► .d e -Isv) % i ')! A q- ni, Pli , E- i-e n s , G ,, SYC C f -PS%, c4,64L NJ- (CF r ria_____-4,, ni,or_ i , rfile, fi`o. P pa. s ►� ,,, eP,,,L„ 4,;,,t pi)a.„,,cacv.,(zof,,,,-,,),(,1,,,f,-- CD (I. i t 0 4i_ti 441441&42-- ec)._ L1/41,Gyk 1 - ' 1-(--- (a.,,,_,,L,______ '-i ck,v 5v ) &CI 4rt,:- Pv-s-Q1 1 C_D -� 1tzM. 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V N a) • 0 � N .0 >- Li - C v; 15 1 C cu G> > 'V W N > CU CU -0 e. ca H tnn G) a) CO ate. O .0 5 0 U co O. N a— o V N O u. O .� U s - W M U, cu +a (5 > 0 N 0 0 icr 'a0 0 0 Ln 0 0 N 0 N 0 RI a) 44. von. _ (7/Pg /77 z wo :44Z I— X w 0) s L. 40):4 o N U O N u- 4.0 0 Cs W in L o .� s ca - O ea O. 4 - co 0 x W O .(47.6; ca O H a. 0 0 oo N Food & Beverage 0 0 Ol Access Fees v��. _ 7/ /77 co Vco ue added = GDP co • a) E O U v) i O a - O a_ a) tan co I I a) E O U O CD J • - and part-time LL a) O Q LU • /7 I Z w0 w X w Z:3 O_ O II U CU • • not Expo spending taA .— co smo 4� v) O 4) v) > O v, O -� +� to cn L cn .— CO CU bA m t/1 c II IIu 72) CS 4U U • • VoL ..__ / 7/ 1 g. /__77. Z 0 5'1') � w (�w H aU O s co c5 0 9- O V CD IMMO •V E O cV O O ✓ N W >' LL Lti Q ca Vf trs O Co o1 Co iZt Ln Co O 0 Ln N '--I Table 7. Economic impact of visitors at all livestock shows, FY 2012. O L w Q E Q co V J c 0 co 73 Q o. O ++ U U RS W L el c 'mil cu E- .E W /7) 1.4 0 0 Icr 0 0 Co up N ✓ CD AI W /Sz z V-'`f) W '— N -a in- -0 0 CU 03 c a) c a) .O bA +� E > co>. c = O o (in • ivestock shows • Horse shows and O 4) i C71 C C N O 0 -O V C N V aA C C +-' 0 a) c O a) C C 43 E += O = u O CU 00 CAA • /7/ /13 { E Z w0 �w� w (13 L co • 15t year of three year effort CO -1 cD O -3 c cu m � � V N � a) u_ aJ •— Q- O_ to i C (i) (6 • co a) co cD a) a) • - a) •U a) CU 0 E O U a) O • 1• E 0 O TD U O O U W v E 'E O O E W 0 U pj I c cf) U N 'C N- = U o 7 �I.u—� ' cO CD.(-� -U)0- .4' 0, 4W 0 1-- http://communities.tamu.edu N V L http://AgriLifeExtension.tamu.edu Z WO z 0-4 L13 XrhW .AG REEM ENT -FOR •LAr3O RA T oR Y SERVICES -('Facjrtty serves as a r zf=rerice lab) This -Agreement for Laboratory Services (this "Aoreernent") is•.en'.ered into to be effecfive- _ae -of the Effective bate, as specified .on the- Face Siieet, by and between the Purchaser, identified on the Pace Sheet and the Facility. identified or the Face Sheet. 'WHEREAS, Facility As. the Owner and operator bf. -a clinical. 'laboratory. That is duly -lice ise,d and cerf ned under the Clinical. Laboratory lmfirovement• Arneridrneris cf 1998, the Medical -e and Medicaid programs., -.and` any applicably istatutet and regulations of the state in wnicn Facilityis located:L and W> EREAS, Pacilrty employs latiViduels q alifiec lo pet orrn various tests and examinations of human :body materials for the purpose of prcvirdirrg ,inforr: Cajon for the aiag:;psis,. Preve,ation or'treatment of disease, or the -assessment of me'dicai conditions', and WHEREAS, -Purchaser desires for .Facility -o peribrn c';tai:ri t;li ical Laboratory. :Services (a-efrned below) forP:trchaser's patrerits;. and Fadifity desires `d perferrn suor Clinical Laboratory Se %ices, .user-the'tem is and conditions con€ained in. this agreement; .NOW, TF;ER FbR. E, for the reasons set forth .abdi✓e, aFid in consideration di the mutual agreements, :covenants, terms and .conditions herein contained and intending lo be leaal!_v bourid hereby, the partie-s rriutually agree at follow= Services?rovided'b)•Facility. Facility will provide clinical la.i pr alor testing services,, excluding laboratory, services for end, stage rerrai disease. patierit (° iini l .Laaoratbiy. Services', in accordance v t'`t Facilirys,•then-current standard opera,tina, procedures.:u.pon request ,of Purchaser.: In connection with the provision -of Clinical Laboratory Services by Faclity to patients of Purchaser, the parties further agree as follows, A. in the :eveht: Facifity does not .perform a :particular, _labo tbry lest ordered by Purchaser in-house, the fbl[ow+ing prov:ians shall:app'y: t. 'ror':Ci:nical Labor awry Services to .be billed 'to the pate -fit- or applicable -third-party payor by Facility pursuant tc Section 6,_Facility. icay, in its sole discretion; provide such serJices through a ,thirdparty vendor of lab services (a `Third -Parry' Vend&'l. ii. For Clinical. Laboratory Services to be direct billed to Purchaser by Facility pursuant to.Sectibn 6, Facility may provide such services through_e Third - Party Vendor iipon.Purdhaser's prior.consetit.- iii- .Facility shall -have no liabiirty-:to Purchaser or its patientsrdue to Facility's failure or inability to.gfovrde such:Clirical Laboratory Service. ▪ F polity will 'maintain approval :e pe,rfo; n C;inical _aootatory Services by (1; the :Medicare and Nfedicaid programs, and CZ) ah;r applicable accreditinc bodies and state -agencies. L . -Dirrina the laboratory'≤. norrnal business hours, Facility will. prov.id-e STAT Testing (def.ned -below) in -accordance- :With- Faoiliits then -current .standard operating procedures upon request pf:Purchaser._ For purposes -of t,;`.s : regiment 'STAT •Test',no" shall mean : linical :i story :Services' :for whrh test" results are requested whin four:{$-) hours of the receipt of the pecrme;i by Facikty, Pie.=t Of -6' /71 /g‘ ▪ Facility will provide 2 written or faxed copy_ of elf Clinical Laboratory Services completed to• Purchaser and- to each patient's attending physician (if different than Purchaser)_ Written results Will be delivered by .mail, fax or bycourier. ▪ Facility will make a medical director available for consultation with Purchaser as deemed necessary between Facility and Purchaser. Facillti' will notify .Purchaser of all Critical Values (defined below) by -telephone. and document the call as soon as possible, all' pursuant -to Facility's then -cur rent polities relating thereto. "Critical Values" shall mean clinical laboratory- test results indicating a potentially life -threatening condition, as. delermined br' Facility's -then-current policy relating thereto, C. .A.cy Clinical. Laboratory Services performed by the Facility under this Ar-ee:nent, other than veaipun;rtu•e blood draws for law enforcement, u-,il regu2re prior notification and cor_sent by the Purchaser. Purchaser. agrees to provide to i aciiiifty all information necessary to accurately process billing ctairns for Clinical Laboratory Services performed. This includes, but is not limited to-, the patient's name, social security number, date of birth, ph,sician name, patient accident history (if applicable), signature of the authorized persbn ordering tests, proof or medical necessity of the laboratory testing. ordered in the form of a narrative diagnosis or ICD- Code(s), and such other information as Facility may reasonably request from time -to -time: Purchaser further agrees to:. A. LJ:J=ss F acilty is, providing veripuncture. services., provide a Purchaser representative to be- responsible-. for the_ collection and proper labeling of specimens, and the proper haniiling and preparation -of s'p cimens for pickup by Facility. B. Provide a properly completed laboratory -requisition for•edth series of oroced_ires io be performed by Facility_ Without limiting the generality ofthe foregoing.: i. When required, Purchaser shall. ensure that the jra ent .cornpl.stes the Advance Beneficiary Form .(`ABN") statement ii. Pitrcireser.accepts the responsibility for providing the ordering physician's signature by stamp; electronic br actdal signature on all. requests .fOr Clinical Laboratory Services.. Purlaser acknowledges and agrees that Facility cannot perform orbili for Clinical Laboratory Services without this signature. in. Purchaser agrees to complete fully the iaborciory requisition 'billing instructior..s. section, including the provision of any and all provider insurance billing information- and any Medicare Secondary Fayor (lASP) billing information. iv. Purchaser will consult with Faclil y' as IV, collection tines and proper procedures for specimen collection when Fri question. C. Provide time for in-service education as deemed nece sail by. Fa': lity- and Purchaser. D. Accept responsibility for all patient -follow-up in the event of Critical Values. Provide a .Purchaser contact person to discuss and resot,'e any issues arising under this Agreement. F. Without limiting the generality of Section 2t21(i), provide a signed .ABN for all screening tests: Screening tests and `ton -covered tests (i.e., tests that a e not paid for by a third parry oayor) will only be perfoi. ed If the patient (1) signs an ABN., and (2; understands and accepts financial responsioiiity•forthe lest Tertnn;. he term of tits Aa cement shall commence on and Shall continue for an initial term of one (1) year (the- 'initial Term"). I nerearer, thu Agr ee.ment will Pa•re,2 e 8 \ Q► l s, automatically r enew'for successive one (1:j•year terms (each a 'Renewal Term') unless sooner terminated by either .party pursua f t to S:ectton 4.. The Intel Term and any Renewal TermS are colleotively.referred tc.her eiri as the ` Term." 'Te: ruination:. Either party may terminate.this Agreement -at any -time, wit,) or without ai se. upon thirty -63b) days written nc-ice tc the cther party.. Notwithstanding anythinc herein to the contrary ffthis !grezment is -terminated origrio the titst anniversary of the Effective Date„the•parties'agree not-to..renegotiate this -Agreement orenter info an agreement for services Sih Jtar to the Clihical Labdre bry Services until -the .,• rrs_ann'+�ersaiy of the Effective Date. 3 fither.aat, May ie+riihafe.this Agreement immediately.ucon w i_gen notice to the otherparty if such; other party becomes excluded, debarred or :sanctioned under any -federal program. C. Upon termination of this.?.g,reement, l'.urchaser .ag;.ees to promptly s'ur'ender to Facility any equipment, supplies or written iiaterials 'provided to Purchaser by Facility. 5. Error °eoortlnu. PurchaSer:agrees. io ir' neoiatety report-to'Facifity inc dis• every of any type of o.lscrepafcy, anomaly or errors related.l:o results Teporting. Purchaser further agrees :o promptly meet witn Facility-epresentatives; at mutually- agreeable times, lc discuss any issues arisirirr under this'Agr:eement 6. Cbmdensatrlon2fbrClinical Laboratory Services. A. Uper, ireatu.est of Purchaser at Ylie'`time a Clinical Laboratory.:Service, is ordered, Fac:tity will tither -(1) :bill 'the _patint' or applicabie third party payor (e -g , the :aatient's insurance. company or the Medicare and. Medicaid: ;programs); or •(2) direct bill Purchaser in accordance wih Section. -op of this: i greemenL If Purchaser. does not specify whether',Facility should bill the patient or applicable third -party payor-or direci:bill Purchaser; Facility will bill the -patient or a.ppiicaale :thrra=party payor. in the •event faciiity, bills the patient or applicable. ₹±tiro--pa,'ty pallor for Clinical Laboratory Sery_ces provided hereunoer, (1) Facility shall be entitled to retain all receipts attributable thereto, end (2,) P.rchaser represent`, vvarrarits, covena,3ts and -agrees that rt willriot.bill the patient or. apolicble third -party payor. C. Clinical Laboratory Services that :are direct 'bled to Purchaser will be- billed based on :Facility's fee sdhe,;ule forsuc.h services attached hereto as Exhibit A. e. This feschedule may be amended #Nom'time-to t.:.,e by Facility upon thirty [33) days w.itten nonce tp P tdhaser.: if :Purchaser•cbjedts to such amended -fee schedule; Furbnaser may termrrrafe this Agree ent in- accordance -With Section. 4(A). D. Charges for.STAT Testing and taba=atory testing per;ornea. by a Third :Panty Vendor snail-be•frie same as the=charoes :f or other .Ciinical. Laboraoor' Services, E. 1%eni,purroiuire services orosrioed• by Facility v iii be billed to the ,patient, applicabie third-pary payo.r or Purchaser, as_appropriaie, at .Facility's rate for such: eiiices set forth on Exhibit A. 7. Invoices. Facility shat! .subrriit an invoice to- .PUr heser for :direct '5illed Clinical Laboratory -Services. prdvided hereUnder Within ten ;1.t)1, days after the en; 'of each .month. Facility snail ouit; .invoice Purchaser for :Clinical -Laboratory Services that have been completed et the time of invoioe, Purchaser shall remit payrpent for. services within Page .3 -of 5 Vr✓ / 7/ thirty: PO) claysreceipt or ibe- invo ce...to lt}e°address, of. Facility Set firth: in. the -Face Sheet :8. Insurance. boring the: Term; of this Agreeriaeht,: our -eraser and "Facility ieacr,'agree to •maintain fi'"firfi.;iorce grid effect -.,general; and. rofessiflnai liaility ;nsurance. covering :their -respecike acts• and oiipissions in amounts- riot less Man $1'.;GOO:;OtiG per _occurrence and 3.,�nn00. aggregate:- in.the .event that any Insurance referred #b_ herein ?s:,61.: the !'clairirs made".type,.,zete0E party witl . such" insurance agrees' -Oat. fiie'.insnra4ce"shall be continued for a period.oi twen₹y.(2Q) years: after. the terrniriat dri.of this Agreement or the. party shall' purcriase. extended, Fed©rung. period .-insurance; (also referred fo- zs: 'tat coverage) to exfend ,tie ir'suranVe ;for minimum of':fwenfy {20) years beyond the tarr,ninAtith of f this • ,yreemhis' p. .veerpon aht_, .Thetesti a?u }, s of. this. "ection 8 'shad Stiviue termination 9 er al d. Facility agree . to furnish ,each-ot':ier wrh: a, O rr t. and °t+atid -•certificate of:tnsurance,. or -roof of adequate sell iris♦,;and; eviiiencirag ti eir general liability :and professional iiabifit-y :coverage: Any ,material modification or alteravorr'in;s:iclh coverage shell :bye-nrPLIT;ptJy cornmunicatad to the, Other petty: 9: Inderrinffrcatibn: F?tirchaser -anti :F ciNty staatl -inderi'inify, _ defend acid hold. the other harmless -:(including he;:respective:afiiliates, empioyces, offio- ,, directors and agents of each:'party) front acid -against anyarid afl losses, -:claims, suds; ;carriages,- liahilrties and expenses including 'Without limitation,. reasonable attorney's fees and court c3sts): based .ans.+ra upo g alit• or rSr attu6lit'a13fe to ar»y' acts or• flrr►issicns: indemnifying part; its employees, officers; directors: •or.agents fr2either daily shall• Crave" any res,ponstiility. Tor .he ac+s'cr omissions :of the:-other-perfy or:, Its .representatn . For prxposes of:his Agreement, .physicians; who are members of theirieefiPal, staff -of Facility do not:cgr st fute aaenfs; represerr afiiires•:br employees of _Facility due to their medical •staTf a iembership'" The provisions of,•ttiis: Sector 9' 'shall .Stitvive.the. rermirtation of this: Ag"teernent.. .The {tiarty requesting #b` be ini erdtiified must (place such a• demand, in 'writing, tb" the; :other. .;party Within ninety- (9.0) .days. or fts_'not ce o e claim The indemnified pasty mustcooperate fully: with the. investigatior and defense of the clam .or -suit;.ard:rrray not take anyaction which wdt-preludloee'the clairr or start: i0. independent, :Parties.. This.. Agreement rs: an independent cpritract between Purchaser ann F:aeility: N:ei4rier. sari3r; nor any employee or"either party; s1.14 :be :t trsinied. in any frhanner whafsoever'to be; art employee or agentof €he ;other', nor shall this-. Agreement betgristrued as a•coritfact:oi rrioloyrrient:or:agency: ener i Pro+%isions.. A. Arrrerrderier>#•: This Agre-rnerit may be leaner♦ ed.• buf =only _in writing,; dated and" executed by the pa1ies'- authorized representatives .and a`taoiiecl .hereto: B. Assignment. Neittre;'pa rty flay assign. its: rights -`or delegate: its• ditties:urdee.tliis Afire aerityYlttrout tric:priorwritte'r c..onsentEof he:ott?er Party, except,that:Fa-arty' 'nay< ssigit'ttiis_A eemen3:fo art affiliate of Facility :or -td an -entity who acgiui!'es .§ribstootially-alithe•assats of Facility, C. CoinpRianc&viith .L'aw Each of the parties represents and:warra-its•:to•-the other Iyarry }rai.;t `will comply with all applicable federal; sate aria regulations, including;.:but riot- limited; t.w. federal, P'Fy5tciaet• Se1.f Refena --Law (4.2.. U S. C; 1.3S5rin); the, regUlati.Qris- oror re.. gated ti,•ereuridei- and::similar :state pt-iysioran'serf-treferral, laws, and regtitaiions;: the federat:Medficarei.Medicaid.Anti- Kicitbklaw {.02' U:S.C• 13211a raj theregdl tioris riebriiifieated thereunder -and Similar .state a ifi-4dckback lartis -and• r'egu;aUUQns;. and -the. Health :insurance -Page 17/ Is, Portability arrd..Acoountability. Act of ".996 and the• tegelations :promulgated 1l'ier ndeet. C Entire. Aareement. This Agreeinent: lo.gether hereto oniaihs the complete and: full agreement between the:.partes; regarding, 'the suoject.rnafter; hereof. E. t Ices.. Any( -:notice required 4o be given, hereoodei Yr cist be r i wilting anti .will ibe deemed to.have been .served.pr perly,_iisenty-tecogruiz?d os'erriipht codrier, or certified ;mail, postage prepaid. property:addressed and pr?sted in United States depoSitorY, tuft r:respecti ee.'P' 'Lies-iere'to at the aiddresses- set forth in t; ie Face S•heet�wth opy to:: L=egal flepatrnert' 40..0 iVreridian'Soulevard ran F*lin, TN ,3;06.7 ttr.r. ,General c.,oia'nsel F., :No:Waiver: No waiver .of any, breach or.ieilijre byeither'par₹y to::eniorce any. of tide tereis. or•condltitins'.of.this•Agreemer t of any time will, ±n any manner; limit. nr waive ;such party's: right 'tiiire'af'er f'„ enforce and to•co.rripe{ str t,.:c t»p.1 ante with every ternrand cooditiion:hereof_ G: SeveiztA y. It is i1?ee irrt ntiyon of, the .:par' estvs t , .ply:'with•:81[ applicable_:laws .and for -rte provlslt ts-of'this Agreernerrt to: be enforeeabte' to tt esn lest: extent permissible grader;applicable to s; atad ;tbat.t i.e uheriforcea i'y.of ar}q provisions under suc1 laws :will riot render°uneri₹orce'able, or rripait, die remainder ofthe Agreement. any :provisions::hereof are deemed nvalid::Dr unenforceable; either In whole: or in part; fnis Agreertier't 'vdiA'. tae deemed 'an -Fetid -ad' resided' to delete .,or fa tiodify, `as necessary The. o>1errding pro 'siorjs arid to atterttie:bound.'s'tfiereoa in polder to render j`Valid arid`ettentceable: H. Assistance :in: LitiaationlArbifration: ,Each. par* shall make Ks; emplayees• r asortably'availabl_e'to .the...other'to tetifit as expert•:vritnessesy qr' otheriiwise,. in tl]e_e rent, litigation .or; arbitrate in: Is brought against..a: pr rt}r,.'its: 'i re4tors officer's cr presentatiVes:. Goveriiinq..Law.. This Agreetrieht.shait be cor)strued altd..enforced 'in accordance with. the taws off -t e. state in.Whictr .Faci ftt_jr':is .located witl out regard to The -confic€ of ]awg provisions thereof. J_ Access to Eoohs and Records_ ifr the: services to: 'lie :provided b Facility hereunder are=si. eject io_₹{ie::disclosure requirements of, 42 Lr. :C:_ seefior, 18.81. jv) 1)(,, 'facility shall -until expiration. of :four. - (1): yeas after the tirovision of seriices.hereu nder.-rnake mailable;: Pon:i i en`.request oPthe:Secrefary oftheg U S. _Department: of Health. anti pmab Services; ht upon -request of the. Cal tp'jroller General; or, any o; ttreir 'authorized -represettatiVea,. :a copy !of tri'is Agteem:ent and the' book's.; ;document± and: records. -Of .Facility -that are. iiGcessary •to i er-tify The nature -and-:extetnt of 'the costs:. incurred•. under :this. Agreement through .asutibpntrattor with.. a value .or- cost of -$70';000.00 or- more over" a 1 ri o th .period. do ;addition; wr.h, respept to, any_ applicable: sub: ontract: such subconlraci. shall!oPntain a clause to the of eci;: hat,='.should. ihe'third Fur y be deemed -8!:reated' organization,; intit 'the eV-fr.-40kof 'tour' years• after the furnishing: of services pursuant to sgch ;stvbcontract, the :tti;rd' party shall` snake available; uponwritten request of the Secretarykar`the U:S. Dearfrnent-of dealth Witt- Megan ,Servroes-; or :upon req•uesi of The -Comptrollet..Geneeal, or -any of their duly' aurtaoriked :teOnesentatives. a ocoy of the ,stjbcontrct, and `the: books; docuf tents- and records: of. -such third.party tfat :are necessary to 'verify the nature •and. eztert of rite. costs ►,c •ed widerthis::Agreement`. Pagef5 of`$ FII2zt Approval's. :•Neither'thiss AgreemEnt nor ar4y..afitiOndrtiaOt of inodiff atian-'here o s.h li be .effective or . egaliy. binding: ugai►: F3cllitj; 4;1rany oYier:; .director'; er }oyee;:or.agatif( 6reof; tir4less- *until it ha's' beer . evievred- and approved elerttohioally. by.a Division-:Pre'sieenf.of,C•omEnI n ? Healtfti..Systetns_Professioi al Services Corpo atlori, �ciiizy's:'Mana9ement .:Coingady., .an' y Facility's Legal Go:insel. IN WITNESS WHERE F1 this Agreemert:has_been- 'trr;l'ieretie; five as of the Effective Date, P:age;6 �f `E / 7/ F Clinical Lab Services A' dendam 3 g Cn:irac!�ltlet+t�fec 1..'1'ErfIPLJ 1YJRE •DfdPrpceduie Neri•t�riceduze , Co5e. Code 030357'• 31515 .13:550 /7/ g l�2 Approved by SOQ 2013-18 Tree Removal Service Tabulation Advance Tree Care BIO Landscapes BNT Services Liles Services Beaver Tree Brazos Valley Stump Grinding Berkley Tree Services Rios Tree Removal Service Cantu Tree Trimming g Tree # 1 $287.00 $1,260.00 $500.00 $375.00 $500.00 $400.00 $275.00 $755.50 $900.00 Tree # 2 $287.00 $2,520.00 $500.00 $475.00 $500.00 $400.00 $275.00 $755.50 $1,050.00 Tree # 3 $287.00 $3,360.00 $500.00 $450.00 $500.00 $550.00 $300.00 $755.50 $1,350.00 Tree # 4 $287.00 $2,205.00 $500.00 $675.00 $400.00 $400.00 $275.00 $755.50 $1,050.00 Tree # 5 $287.00 $1,575.00 $400.00 $375.00 $600.00 $400.00 $400.00 $755.50 $900.00 Tree # 6 $287.00 $2,520.00 $700.00 $650.00 $600.00 $550.00 $400.00 $756.00 $1,050.00 Tree # 7 $287.00 $1,260.00 $400.00 $375.00 $700.00 $400.00 $400.00 $755.50 $1,050.00 Tree # 8 $287.00 $1,575.00 $600.00 $625.00 $700.00 $550.00 $375.00 $755.50 $750.00 Tree # 9 $287.00 $840.00 $350.00 $225.00 $300.00 $400.00 $150.00 $755.50 $900.00 Total $2,583.00 $17,115.00 $4,450.00 $4,225.00 $4,800.00 $4,050.00 $2,850.00 $6,800.00 $9,000.00 Recommended Award: Advance Tree Care V � I n this 1 O ' day of Y Gin Y, 2012 by aw6 6004ij UUd g the position of VCS /73 TREE REMOVAL SERVICE ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 Bryan, Texas 77803 Telephone (979) 361-4294 SOQ Request No. 2013-18 Page 1 of 7 Pages GENERAL REQUIREMENT FOR CONTRACT I, Lox ) - dr, as a duly authorized representative of P.Mm.1\tfa Tee "Contractor" willingly attest to perform (or deliver) as per Exhibit "A" for Brazos County. I further agree to all of the provisions and specifications contained in this contract. 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. SOQ Continuation Sheet SOQ Request No. 2013-18 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, shall 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, /_ 7.1 SOQ Continuation Sheet SOQ Request No. 2013-18 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 shallbe 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 contractorand included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror=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 §151.309, 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 specificationsshall 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 furtheradvised 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. vol -_17 / Pc. !96_ SOQ Continuation Sheet SOQ Request No. 2013-18 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 furnishedunder 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 aii 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 riot 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. ffo! /71 SOQ Continuation Sheet SOQ Request No. 2013-18 BRAZOS COUNTY, TEXAS Page 5 of 7 Pages (3) Automobile Public Liability Insurance with a $ 500,000 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 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 andprocesses; 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. COVERAGES/WAGES 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 serviceshereunder. 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 7/ tyr .1 SOQ Continuation Sheet SOQ Request No. 2013-18 BRAZOS COUNTY, TEXAS Page 6 of 7 Pages CONTRACTOR: Sales Contact Name: Phone Number: Lc - loan Nicol -1�8-733 Billing Info: �o 'Box Loa% an -TX I11 i 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. Vo . 11 pg -/Y SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2013-18 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 hisemployees 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 shallbe 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. contactor 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, itsofficers, 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 provisions and specifications' of this contract. Signed By: Typed Name: Lorry Each Title: / 0/a 9 id Company Name: I VL\r cQa ) ri2& LAM to L , Phone No. 919 -118- T Mailing Address: PO BoX '-f1 P. O. Box or Street lcNi3 \ 1 X 118o5 City State Zip Employer Identification Number: 7 h - 31.0kc9t.01-} Social Security Number: - c 114 r's'Court on this � day of 2012 by holding the position of Ct u- 1te 2013-18, Tree Removal Service Solicitation of Quotes Specifications for Tree Removal Service Brazos County is soliciting quotations for a tree removal service. There are several different types and sizes of trees that will need to be cut down. These trees are located at the Boonville Cemetery in Bryan, TX. - There are approximately 9 (nine) trees that will need to be cut down and moved to an empty. part of the cemetery. Some of these trees are dead and surrounded by headstones, markers and antique fencing. These trees will need to be cut down without disturbing or damaging any headstones, markers or fencing.. These trees will not need to be stump grinded. The Brazos County Landscaping Team need them to be cut to approximately waste high so that the stumps can still be seen for safety reasons. Each tree in the cemetery is marked with a number shown below. The approximate location and. type of the tree in the cemetery is listed as the number that it is marked with. Note: Some of these trees are over 200 years old and may be located in close proximity of each other. 1. Cedar Tree — located in the middle of the Cemetery. 2. Cedar Tree — located in the middle, of the Cemetery. 3. Oak Tree — located in the middle of the Cemetery. 4. Cedar Tree — located in the middle of the Cemetery. 5. Cedar Tree - located in the middle of the Cemetery. 6. Post Oak Tree — located in the middle of the Cemetery. 7. Cedar Tree— located on the left side of the Cemetery. 8. Oak Tree — located on the right sideof the Cemetery. 9. Cedar Tree— located on the left side of the Cemetery. The Brazos County Purchasing department is holding a pre -quote meeting in order for vendors to have a visual inspection of the property and the trees. The pre -quote meeting will be held Wednesday, October 17, 2012 at 10:00 a.m. at the Booneville Cemetery. The Booneville Cemetery is located at 2421 Boonville Rd (FM 158), Bryan Texas 77803. Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or quote 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 cost per tree that will need to be taken down. Quote should. include any equipment and or labor that contractor will need to cut the trees down in accordance with the specifications. 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 as "SOQ 2013-18, Tree Removal Service. Quotes must be received by the Brazos County Purchasing Department by 2:00p.m., Monday, October 29; 2012 or they will not be' considered. • AC - Exhibit A Page 1 of.2 . Vol: / 7/ ��;,-% _ Solicitation of Quotes Item Cost Tree # 1 S a gi Tree # 2 8-1 "X3-1'9 Tree#3 $a 8r Tree#4 4ta8-r Tree # 5 '' a 8`re Tree # 6 it.a875E= Tree#7 a87" Tree #8 *187`'`' 'Five #9 *a 1x Total Cost 16 a583� The undersigned affirms that they are duly authorized toexecute this contract, that this bid has not been prepared in collusion with any other bidder, and that thecontents 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 a condition contained in this document and agrees to be held to them for the term of this contract._ Name of Company: 1 15..ACQ.X 1(32Q . W„ i 1114 . Tax ID #: 7' ' 3D (p(C9 to Address: PO. 'Box '1i & Ery 6,1-v ., TX —l7 P b Telephone #: 919 - 7 7 F -1333 Printed Name: L0.Yc'-t F rlLh Signature of Authorized Representative: to Exhibit A Page 2 of 2 Vol. /7/ Pg. Z az 1 Texas Dept. of Family and Protective Services Budget for Title IV -E County Child Welfare Services Contract Form 2030CWIVE December 2010 Summary County: Contract Number: Budget Effective Date: Brazos 23940058 1011/11 to 9/30/12 Cost Category Estimated Total Expenses Allocable to Title 11/-E Total Anticipated Federal Reimbursement* Total Anticipated County Match A. Administration A.1. Direct Personnel Salaries $0.00 $0.00 $0.00 A.2. Direct Personnel Fringe Benefits $0.00 $0.00 $0.00 A.3. Direct Personnel Travel $0.00 $0.00 $0.00 A.4. Direct Materials and Supplies $0.00 $0.00 $0.00 A.5. Direct Equipment $0.00 $0.00 $0.00 A.6. Direct Other Costs $200.00 $46.15 $153.85 Total Administration $200.00 $46.15 $153.85 B. Training B.1. Title IV -E Training (75%) $1,199.00 $415.04 $783.96 B.2. Title IV -E Fostering Connections Training (65%) $0.00 $0.00 $0.00 B.3. Non -Title IV -E Training (50%) $0.00 $0.00 $0.00 Total Training $1,199.00 $415.04 $783.96 C. Supplemental Foster Care Maintenance (SFCM) Total SFCM $20,600.00 $12,475.36 $8,124.64 D. Indirect Costs (if applicable) Indirect Cost Basel $0.00 $0.00 $0.00 Grand Total $20,800.00 $12,521.51 $8,278.49 *Estimated Federal Reimbursement for expenses based on Eligible during 3rd quarter of the preceding fiscal year: Actual reimbursement will be based on EPR in effect for the county expenses were incurred. • Estimated Federal Reimbursement for Supplemental Foster based on Federal Medicaid Assistance Percentage (FMAP) rate year: Actual reimbursement will be based on FMAP rate in effect at the contractor. Indirect Cost Rate, if applicable (attach a copy of the approved Population during the month Care Maintenance in effect during time reimbursement Certificate of Indirect Rate (EPR) in which expenses preceding fiscal is made to Costs): 11 /0i/9 --- 46.154% 60,560% Contractor Certification Signature Date Duane Peters, County Judge Printed Name & Title von. ! 7/ Pg . eZ,°3 Texas Dept. of Family and Protective Services Budget for Title IV -E County Child Welfare Services Contract Form 2030CW IVE December 2010 Administration A.6. Direct Other Costs County: Contract Number: Budget Effective Date: Brazos 23940058 10/1/11 to 9/30/12 Other Costs (description and basis of cost) Estimated Total Expense' Anticipated Federal Reimbursement (estimated EPR x 50% FFP) Anticipated County Match Birth Certificates $200.00 $46.15 $153.85 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Other Costs $200.00 $46.15 $153.85 * estimated total cost for Title IV -E related activities Note: Please refer to Title 1V -E Finance Handbook for detailed information recardine allowable expenses, documentation requirements. etc. http://www.dfps.state.tx.us/handbooks/Pitle 1VE County/default.isn I ( / Pg . O.O /. w o ≥70; U 0 LL B. Training • B.1. Title IV -E Training (75%) County: Brazos Contract Number: 23940058 V Anticipated County Match • - rn ri, CO E/, o 0 E9 0 0 E9 0 0 E9 0 0 E9 0 0. H9 0 0 E9 o o Eft co ri CO g E9 Anticipated Federal Reimbursement (estimated EPR x 75%.FFP) NOTE: Form 9321 Training Expense Documentation Form must be submitted to DFPS for review/approval by Federal Funds prior to training. $415.04 O O O E9 0 O O E9 0 O O E9 0 O 0 E9 0 O O E9 0 O O 6, 0 O (6 E9 $415.04 Estimated • Total Expense* 0 O 0) 0) T T• ,T E9 0 O 0 Eel 0 O 0 E9 0 O 0 E9 0 O 0 E9 0 O 0 E/, 0 O 0 E9 0 O 0 E9 0 0 C) • O) T E9 Number:ot. Employees Attending ' 1- Subtotal 0 O. O) O) 1- 6-r; O O 0 E9 0 O 0 E- 0 O 0 E9 0 O 0 E9 0 O 0 69 0 O 0 E9 0 O 0 E9 Transport- ation' (amount allocable. to . _ Title IV -E) .0 O O 0 N E9 Total Training Meals` • (amount allocable to Title IV -E) O O 4 i-.9- ' Lodging*. (amount allocable to Title IV -E) 0 O iri 0 .4 - El, Registration* (amount' • allocable to Title IV -E) O O O to bg Training (Description and Title) • Crimes Aoainst Children Conti / 7I estimated amount allocable to Title IV -E te s.state.tx.us/handbooks/Tiile_IVE Coun E u enses. documentation r G 2 z Texas Dept. of Family and Protective Services Budget for Title IV -E County Child Welfare Services Contract Form 2030CW IVE December 2010 C. Supplemental Foster Care Maintenance (SFCM) County: Contract Number: Budget Effective Date: Brazos 23940058 10/1/11 to 9/30/12 Other Costs (description and basis of cost) Estimated Total Expense* 'Anticipated Federal Reimbursement (estimated FMAP) Anticipated County Match Allowances ' . $0.00 $0.00 Clothing $19,200.00 $11,627.52 $7,572.48 Day Care (limited) $500.00 $302.80 $197.20 Gifts $250.00 $151.40 $98.60 Graduation Expenses $250.00 $151.40 $98.60 Personal Items _ $100.00 0 $60.56 $39.44 School.Supplies $200.00 $121.12 $78.88 Reasonable Child Specific Travel 0 $100.00 . $60.56 $39.44 $0.00 $0.00 $0.00 $0.00 Total Direct Other Costs $20,600.00 $12,475.36 $8,124.64 * estimated total cost for Title IV -E related activities Note. Please refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http://www.dfbs.state.tx:us/handbooks/Title IVE County/default.isp vo/7/ -t� Texas Dept. of Family and ProtectiveServices • Budget for Title IV -E County Child Welfare Services Contract Form 2030CWIVE December 2010 Budget Narrative County: Contract Number: Budget Effective Date: Brazos 23940058 10/1/11. to 9/30/12 Clearly describe each expense to be incurred and billed to this contract. Refer to Title IV -E Finance Handbook for detailed information regardine allowable expenses. documentation requirements. etc. http://www.dfps.state.tx.us/handbooks(fitle WE County/default.isa A. Administration A.1.. Direct Personnel Salaries A.2; Direct Personnel Fringe Benefits A.3.:Direct Personnel Travel A.4. Direct Materials and Supplies • A.5. Direct Equipment A.6. Direct Other Costs Birth Certificates for 1V -E eligible children B. Training B.1. Title IV -E Training (75%) Crimes Against Children Conference for CPS staff B.2. Title IV -E Fostering Connections Training (65%) B.3. Non -Title IV -E Training (50%) l� D VoL /.7. g 7- Texas Dept. of Family and Protective Services Budget for Title IV -E County Child Welfare Services Contract Form 2030CWIVE December 2010 C. Supplemental'Foster Care Maintenance'(SF.CM) Allowable expenses directly related to the IV -E elgible children to include clothing, personal items, school items; day care, or travel for children D. Indirect Costs (if applicable) Vol. L7/„_ pg RICOH IMAGE PLUS Manage en Product Schedule Ricoh USA, Inc. 70 Valley Stream Parkway Malvern, PA 19355 Product Schedule Number: Master Lease Agreement Number: This Product Schedule (this "Schedule") is between Ricoh USA, Ittc. ("we" or "us") and Bf d 7.0 5 , GOun i�r , as customer or lessee ("Customer" or "you"). This Schedule constitutes a "Schedule," "Product Schedule," or "Order Agreement," as applicable, under the S-1'q+e. eltiyA L°MI 64thf lAlMtwtk rteeh"f (together with any amendments, attachments and addenda thereto, the "Lease Agreement") identified above, bMeen you and IK0A1 DF%t[e Solukio t5 . All terms and conditions of the Lease Agreement are incorporated into this Schedule and made a part hereof. If we are not the lessor under the Lease Agreement, then, solely for purposes of this Schedule, we shall be deemed to be the lessor under the Lease Agreement. 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 Lease Agreement. CUSTOMER INFORMATION 1)tt 7i)s Cuw+Y Set tM+ Customer (Bill T l' 1 r kerOl Seu- 1�l iDCRJC/ttM Product Location Address City County Billing Contact Telephone Number State Zip Vick -crick, \iO1\Dtaa Billin Contact N@m,e s0WIN . Texas OE- 54-r 2111 Billing Address (iifdifferent from location address) fan den CO Ds TX'3 '71' Q City County State Zip Billing Contact Facsimile Number Billing Contact E -Mail Address PRODUCT/EQUIPMENT DESCRIPTION ("Product") Qty Product Description: Make & Model Ricoh illeh v 1P21Cott✓ff<x Q4tfk dtt fei° MP1.3Sa tp PAYMENT SCHEDULE Minimum Term (months) (00 Minimum Payment (Without Tax) $ 2)0 00 Guaranteed Minimum Imagest° Black/While t5 -O Color Qty Product Description: Make & Model Minimum Payment Billing Frequency Monthly Quarterly ❑ Other: Cost of Additional Images' 13I:icIJWhile Color 60110 Er Based upon Minimum Payment Billing Frequency Based upon standard S 'W' x 11" paper size. Paper sizes greater than 8 'h" x I l" may count as more than one image. Advance Payment ❑ I. Payment ❑ 1" & Last Payment In Other: Meter Reading/Billing Frequency ❑ Monthly O Quarterly pp ▪ other: 14KMIR41 � 4t-rerge, Sales Tax Exempt: ® YES (Attach Exemption Certificate) Customer Billing Reference Number (P.O. #, etc.) Addendum(s) attached: ❑ YES (check if yes and indicate total number of pages: ) TERMS AND CONDITIONS L The first Payment will be due on the Effective Date. If the Lease Agreement uses the terms "Lease Payment" and "Commencement Date" rather than "Payment" and "Effective Date," then, for purposes of this Schedule, the term "Payment" shall haye-. hey same meaning as "Lease Payment," and the term "Effective Date" shall have the same meaning as "Commencement Date." ISEADD PS -IMP 04.12 Ricoh t.' and the Ricoh Logo are rgstered trademarks of Itiwh Cdompapy. Ltd. Vol- /..71 g ."7 I Customer76iiois Page 1431'2 2. You, the undersigned Customer, have applied to us to use the above -described Product for lawful commercial (non -consumer) purposes. THIS IS AN UNCONDITIONAL, NON -CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE, except as otherwise provided in any non -appropriation provision of the Lease Agreement, if applicable. If we accept this Schedule, you agree to use the above Product on all the terms hereof, including the terms and conditions on the Lease Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE LEASE AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE LEASE AGREEMENT. You acknowledge and agree that the Ricoh service commitments included on the "Image Management Phis Commitments" page attached to this Schedule (collectively, the "Commitments") are separate and independent obligations of Ricoh USA, Inc. ("Ricoh") governed solely by the terms set forth on such page. If we assign this Schedule in accordance with the Lease Agreement, the Commitments do not represent obligations of any assignee and are not incorporated herein by reference. You agree that Ricoh alone is the party to provide all such services and is directly responsible to you for all of the Commitments. We are or, if we assign this Schedule in accordance with the Lease Agreement, our assignee will be, the party responsible for financing and billing this Schedule, including, but not limited to, the portion of your payments under this Schedule that reflects consideration owing to Ricoh in respect of its performance of the Commitments. Accordingly, you expressly agree that Ricoh is an intended party beneficiary of your payment obligations hereunder, even if this Schedule is assigned by us in accordance with the Lease Agreement. 3. Image Charges/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 Reading/Billing 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 Reading/Billing 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 Images by 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: THE PERSON SIGNING THIS SCHEDULE ON BEJIALF OF THE CUSTOMER REPRESENTS THAT HE/SHE HAS THE AUTHORITY TO DO SO. CUSTOME By: X Authorized Printed Njne: Title: O 111" er Signature UD ne re er5 Date: _Y.LaT Accepted by: RICOH USA, INC. By: Authorized Signer Signature Printed Name: Title: Date: ISEADD PS -IMP 04.12 Ricoh! : and the Ricoh Logo are registered irademarls of Ricoh Company. Ltd. . Page 2 of 2 e .2/0 RICOH RICOH USA, INC. IMAGE MANAGEMENT PLUS COMMITMENTS The below service commitments (collectively, the 'Service Commitments') are brought to you by Ricoh USA, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ("Ricoh'. The words 'you' and 'your' refer to you, our customer. You agree that Ricoh alone is the party to provide all of the services set forth below and is fully responsible to you, the customer, for all of the Service Commitments. Ricoh or, if Ricoh assigns the Product Schedule to which this page is attached in accordance with the Lease Agreement (as defined in such Product Schedule), Ricoh's assignee, is the party responsible for financing and billing the Image Management Plus Product Schedule. The Service Commitments are only applicable to the equipment ("Product") described in the Image Management Plus Product Schedule to which these Service Commitments are attached, excluding facsimile machines, single - function and wide -format printers and production units. The Service Commitments are effective on the date the Product is accepted by you and apply during Ricoh's normal business hours, excluding weekends and Ricoh recognized holidays. They remain in effect for the Minimum Term so long as no ongoing default exists on your part. 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 Ricoh 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. Ricoh 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). The supplies will be provided according to manufacturers specifications. Optional supply items such as paper staples and transparencies are not included. NG) 144ItS $1p} RESPONSE TIME COMMITMENT 11 Ricoh will provide a quarterly average response time of 2 to 6 business hours for all service calls located within a 30 -mule radius of any Ricoh office, and 4 to 8 business hours for service cats located within a 3160 mile radius for the term of the Image Management Plus Product Schedule. Response time is measured in aggregate for all Product covered by the Image Management Plus Product Schedule. UPTIME PERFORMANCE COMMITMENT Ricoh 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 Ricoh and will end when the Product is again Operational. You agree to make the Product available to Ricoh for scheduled preventative and interim maintenance. You further agree to give Ricoh advance notice of any critical and specific uptime needs you may have so that Ricoh 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 excludes customary end -user corrective actions. IMAGE VOLUME FLEXIBILITY AND PRODUCT ADDITIONS At any time after the expiration of the initial ninety day period of the original term of the Image Management Pius Product Schedule to which these Service Commitments relate, Ricoh will, upon your request, review your image volume. II the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, Ricoh will present pricing options to conform to a new image volume. If you agree that additional product is required to satisfy your Increased image volume requirements, Ricoh will include the product in the pricing options. The addition of product and/or increases/decreases 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 parties to the Schedule. The term 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 Images commitment and/or the addition of product may result in a higher or lower minimum payment Images decreases are limited to 25% of 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 adding, exchanging, or upgrading to an item of Product with additional features or enhanced technology. A new Image Management Plus Product Schedule or Amendment must be agreed to and signed by the parties to the Schedule, for a term not less than the remaining term of the existing Image Management Plus Product Schedule but may, in the case of an Amendment, extend the remaining term of the existing Image Management Plus Product Schedule for up to an additional 60 months. The Cost of Additional Images and the Minimum Payment of the new Image Management Plus Product Schedule will be based on any obligations remaining on the Product, the added product and new image volume commitment Your Ricoh Account 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. • IN WITNES- EREO , ;ach p CUSTOMER Name: Title: Date: LSEADD PS—IMI'C 1)4.12 Ricoh USA, Inc. 70 Valley Stream Parkway Malvern, PA 19355 PERFORMANCE COMMITMENT Ricoh is committed to performing these Service Commitments and agrees to perform its services in a manner consistent with the applicable manufacturer's specifications. If Ricoh fails to meet any Service Commitments and in the unlikely event that Ricoh is not able to repair the Product in your office, Ricoh, at Ricoh's election, will provide to you either the delivery of a temporary loaner, for use while the Product is being repaired at Ricoh's service center, or Ricoh will replace such Product with comparable Product of equal or greater capability at no additional charge. These are the exclusive remedies available to you under the Service Commitments. Customer's exclusive remedy shall be for Ricoh to re -perform any Services not in compliance with this warranty and brought to Ricoh's attention in writing within a reasonable time, but in no event more than 30 days after such Services are performed. If you are dissatisfied with Ricoh's performance, you must send a registered letter outlining your concerns to the address specified below in the 'Quality Assurance section. Please allow 30 days for resolution. ACCOUNT MANAGEMENT Your Ricoh sales professional will, upon your request, be pleased to review your product performance metrics on a quarterly basis and at a mutually convenient date and time. Ricoh will follow up within 8 business hours of a call or e-mail to one of Ricoh's account management team members requesting a metrics review. Ricoh will, upon your request, be pleased to annually review your business environment and discuss ways in which Ricoh may improve efficiencies and reduce costs relating to your document management processes. QUALITY ASSURANCE Please send all correspondence relating to the Service Commitments via registered letter to the Quality Assurance Department located at: 3920 Arkwrighl Road, Macon, GA 31210, Attn: Quality Assurance. The Quality Assurance Department will coordinate resolution of any performance issues concerning the above Service Commitments with your local Ricoh office. If either of the Response Time or Uptime 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. Ricoh is committed to responding to any questions regarding invoiced amounts for the use of the Product relating to the Image Management Plus Product Schedule within a 2 day timeframe. To ensure the most timely response please call 1- 888-275.4566. 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 to the manufacturer's specifications), subjective matters (such as color reproduction accuracy) or any other factor beyond the reasonable control of Ricoh. Ricoh and you each acknowledge that these Service Commitments represent the entire understanding of the parties with respect to the subject matter hereof and that your sole remedy for any Service Commitments 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 maintenance warranties and are not product warranties. Except as expressly set forth herein, Ricoh 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 connection with the security or accessibility of information stored in or recoverable from any Product provided or serviced by Ricoh, 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 law Customer shall indemnify and hold harmless Ricoh and its subsidiaries, directors, officers, employees and agents from and against any and all costs, expenses, liabidties, claims, damages, losses, judgments or fees (including reasonable attorneys' fees) arising from its failure to comply with any such legal requirements or obligations. These Service Commitments shall be governed according to the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. These Service Commitments are not assignable by the Customer. Unless otherwise stated in your Implementation Schedule, your Product will ONLY be serviced by a 'Ricoh Certified Technician'. You acknowledge and agree that, in connection with its performance of Its obligations under these Service Commitments, Ricoh may place automated meter reading untis 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 monthly, quarterly or annual basis. Ricoh agrees that such units will be used by Ricoh solely for such purpose. Once transmitted, all meter read data shall become the sole property of Ricoh and will be utilized for biding purposes. horized officer to execute these Service Commitments as of RICOH USA, INC. By: Name: Title: Date: Ricoht and the Ricoh I.ogo are registered Iraderntrrks of Ricoh Company. Lid. Page I of /7/ f; o2/ i I '� RICOH .Ricoh USA, Inc. 70 Valley Stream Parkway Malvern, PA 19355 Equipment/Product Multiple Location Addendum This EQUIPMENT/PRODUCT MULTIPLE LOCATION ADDENDUM (this "Addendum"), dated as.of the day of , 20 , is to that certain agreement/product schedule no. (the "Agreement"), between Ricoh USA, Inc. ("we" or us") and a3tr4,zo s1 Cou.iklyo4 customer ("Customer" or "you"). as 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/product and locations listed below: le.vulr1VIG1l Qty alr aW11V'.. a vu..7a..-.. .......,r ............---.r•. Description: Make, Model & Serial Number Street Address/City/State/Zip 1 Rica\ rvvP 2.3so2.snLa/ X ethudy('oa,4A-Lao, ,3cf)I.wpm,s A1t4,10ra*. T 1 Rkok VIP Z,352if eviikble Pcj-1 fMary5'Oleg "00.,1STx 2 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 the date first written above. itM)1\ Authorized Signature Date lane fkr (.ovr J(,ct Print Authorized Signer Name Tttl 1 SI'ADD EMI, 04.12 Ricoh USA, Inc. Authorized Signature Date Print Authorized Signer Name Title RicohLrs) and the Ricoh Logo are regisiered trademarks of Ricoh Company. Ltd. Page I of I PROPOSAL H Liu Ricoh MP2352 Scan, Print & Fax] ❑ Automatic Document Feeder ❑ 23 Pages per Minute Black & White ❑ Copy, Print, Scan to email o 550 Sheet Drawer X 2 ❑ Internal Staple Finisher ❑ Cabinet o Network Print ❑ Color Network Scan to email ❑ DOSS (Data overwrite security) ❑ Power Filter ❑ 1 User License of PPDM (Personal Paperless Document Manager) ❑ With Super G3 Fax Board RIGHT SIZING AGREEMENT Term Copies Included Price 60 Months 15,000 B/W copies Year $119.00 / Month Includes Service, Parts, Labor, Drums, Toner & Staples Black Overages Billed Annually @$.0120 Each This is TASB Buyboard Contract Pricing! 690-1-ae Pcf- Quote from Ricoh USA, Inc. Ricoh Aficio MP2352sp ❑ 23 Prints Per Minute Black and White ❑ Automatic Document Feeder ❑ Auto Two Sided Copies ❑ 2x 550 Sheet adjustable Drawers o Staple Finisher o Network Printing ❑ Color Network Scanning ❑ Power filter ❑ Cabinet LEASE AGREEMENT Equipment Term 60 Months B/W Copies Included 12,000 Annually Monthly $95.00 / Month Includes Service, Parts, Labor, Drums, Toner and Staples Overages billed @$.0120 Annually Based on TASB buyboard pricing This pricing will replace the current IKON copier CanonIR2200 ID#10200229 currently on Maintenance with approximately 500 images per month usage BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012-2013 BUDGET YEAR NO. 12/13 7.1— 7.8 On this the 13th day of November 2012 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, 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 13th day of November 2012 the Court heard and approved a budget amendment for the 2012-2013 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 18 September 2012, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 13th day of November 2012. 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 / 7/ 422 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 7.1 11/13/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1100 11002500 72590000 CR Professional Fees - Other 2,474.00 1100 11002500 67211000 DR Software 2,474.00 Hotel Occupancy Tax Reallocation of funds to purchase additional license for Adobe Creative Suite to design software and for upgrades. yg .i 1`/7/2012! /71 ,z/d BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 7.2 11/13/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1800 30000100 61151100 DR LEOSE Constable Pct 1 32.00 1800 30000100 61151200 CR LEOSE Constable Pct 2 0.93 1800 30000100 61151300 DR LEOSE Constable Pct 3 34.36 1800 30000100 61151400 DR LEOSE Constable Pct 4 17.36 1800 30000100 61151800 DR LEOSE County Attorney 74.19 1800 30000100 61152800 CR LEOSE Sheriff 72.00 1800 47010000 DR Reserve Fund Balance 84.98 Law Enforcement Officers Standards and Education (LEOSE) To modify the original budget of LEOSE fund to reflect the true balance of the related law enforcement departments. The State stopped disbursement of LEOSE funding to the County starting from Fiscal Year 2012. Department.Approval,:' v., /7/ ,2/7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 7.3 11/13/2012 FUND DIV r ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2400 24005220 61130000 CR Contingency 1,897.71 2400 24005220 67670000 DR Printers 55.71 2400 24005220 67281000 DR Equipment - Electronic 927.00 2400 24005220 , 71020000 DR Contract Services 915.00 JP Tech Fund Pct. 2.2 - Munoz • Reallocation of funds to purchase cameras and aging equipment. /7/ a2/g. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 7.4 11/13/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR General Fund Contingency 19,000.00 0100 17000100 65050000 DR Building Maintenance 19,000.00 General Fund Contingency and Building Maintenance Reallocation of funds to purchase a smoke detection system for the Juvenile Department. repared` y.. <<r / 7/ c.2/9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 7.5 11/1312012 FUND DIV ACCT PROJ D R/C R ACCOUNT NAME Increase Decrease 0100 0100 11001500 17000100 61130000 65050000 CR DR General Fund Contingency Building Maintenance 5,500.00 15,500.00 General Fund Contingency and Building Maintenance Reallocation of funds to replace the intercom system for the Juvenile Department. VQ� /7/ .2 ,2o BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 7.6 11/13/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 5]820000 CR Merit Pay 5,681.00 0100 18000100 51750000 DR County Attorney State Supplement 4,680.00 0100 18000100 53100000 DR Social Security 358.00 0100 18000100 53200000 DR Retirement 611.00 0100 18000100 53800000 DR Worker's Comp 18.00 0100 18000100 53900000 DR Unemployment Insurance 14.00 Non -Departmental and County Attorney Admin Reallocation of funds to pay the remaining balance of FY 11 and FY 12 County Attorney Supplement to the Brazos County - County Attorney. Vc / 7/ .2 2/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 7.7 11/13/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 51820000 CR Merit Pay 3,565.00 0100 31000200 51610000 DR Hourly Staff 2,941.00 0100 31000200 53100000 DR Social Security 226.00 0100 31000200 53200000 DR Retirement 384.00 0100 31000200 53800000 DR Worker's Comp 4.00 0100 31000200 53900000 DR Unemployment Insurance 10.00 Non -Departmental and Juvenile Detention Reallocation of funds to cover merit award for personnel. nV Prep lei_ nnm !201:2•, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 7.8 11/13/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 312100 51820000 CR Merit Pay 1,007.00 3000 312100 51610000 DR Hourly Staff 832.00 3000 312100 53100000 DR Social Security 64.00 3000 312100 53200000 DR Retirement 109.00 3000 312100 53800000 DR Worker's Comp 1.00 3000 312100 53900000 DR Unemployment Insurance 1.00 Non -Departmental and TJPC - State Aid Reallocation of funds to cover merit award for personnel. �, /7/ 0223 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 13, 2012 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Expo Employee Request Applies To Smith, Ronald W. Action Requested Other Juvenile Matlock, Deborah Deceased S.O. Admin Williams, Wanda Budget Change S.O. Jail Pimentel, Jacob Retirement Approved in Commissioners' Court: Novemb County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol 7/ Pg (2.42