HomeMy WebLinkAbout2015-10-20 10:00AM REGULAR MEETINGBRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
115 OCT I b P 3 08
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL
MEET IN REGULAR SESSION ON OCTOBER 20, 2015 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.
Consider and take action on agenda items 3 - 22:
3. Approval of the 2015 Brazos County Tax Roll per Sec 2G.09 le) of the Texas Property Tax Code.
4. Appointment of Irma Cauley to the City of Bryan Comprehensive Plan Advisory Committee effective
immediately.
5. Acceptance of donated personal property from inmates leaving jail during the month of July 2015.
5. Request from the Jail and Jail Medical for the following personnel changes effective October 24. 2015.
This will have a decrease in the Jail's FY 2016 in the amount of $2.027.00.
• a. 28000200 - Jail Division
o Decrease Detention Officer - Jail Class Code 1511 Position 8 Group 16 Step 3 to Group
16 Step 2 Pay Code 016
o Decrease Detention Officer - jail. Class Code 15i 1 Position 14 Group 16 Step 4 to Group
16 Step 3 Pay Code 016
o Decrease Detention Officer - Jail Class Code 1511 Position 15 Group 16 Step 4 to Group
16 Step 3 Pay Code 016
o Decrease Detention Officer - Jail Class Code 1511 Position 29 Group 16 Step 3 to Group
16 Step 2 Pay Code 026
c Decrease Detention Officer - Jai! Class Code 1511 Position 39 Group 16 Step 3 to Group
Vol. r% Pg. —�— —�
16 Step 2. Pay Code 026
c Increase Sergeant - Jail Class Code 1505 Position 8 Group 20 Step 4 to Group 20 Step 5
Pay Code 026
• b. 28003000 - Jail Medical
o Increase Correctional Health Professional - SO Class Code 1509 Position 5. Group 19
Step 4 to Group 19 Step 5, Pay Code 014
o Increase Correctional Health Professional - SO (Part -Time) Class Code 1530 Position 1,
Group 19 Step 2 to Group 19 Step 3 Pay Code 016
7. Request from the Sheriff Administration for the following personnel changes effective October 24,
2015 This will have no impact to the FY 16 Sheriff Administration's Budget.
• a Decrease Deputy Sheriff - Training Coordinator. Class Code 1425 Position 1 Group 23 Step 10
to Group 23 Step 6. Pay Code 026
• b Increase Process Server - Deputy Sheriff Class Code 1433 Position 2 Group 23 Step 6 to
Group 23 Step 10. Pay Code 026
8, Consider and take action on a Chapter 381 Economic Development Incentive Agreement with the Adam
Development Properties, L.P.
9, Funding Agreement with Texas A&M University System for the benefit of Easterwood Airport for Fiscal
Years 2015 and 2016.
10. Approval to renew the addendum to the Warranty Support and License Agreement with Hart Intercivic
for all the County owned Voting Equipment.
11. Approval of copier maintenance contract with Dahill for twenty seven (27) County owned copiers.
12. Approval of capital improvement item to Building Abatement Demo for $123,000, for abatement on
Brazos County Courthouse phase V This is being purchased off the TCPN Contract #R5067
13. Renewal of contract 2016-136R Jail Pharmaceuticals with Contract Pharmacy Services, Inc.
14. Award of RFP # 2016-021 Extension of Greens Prairie Trail.
15. The Replat of Duck Haven Subdivision Phase Two Lot 1R Block 3 being a Minor Replat of Lot 1.
Texas. Site is located in Precinct 1.
15, Consider and take action on conditional approval of the Final Plat of Indian Lakes Subdivision Phase
XXI (211' Lots 1.12 Block 32: 22.963 Acres• J.M.Barrera Survey A-69: (College Station ETJ) Brazos
County Texas. Site is located in Precinct 1.
17, Request permission to enter private property owned by Gene K Huff located at 16559 Calumet Trail
Site is located in Precinct 1.
18. Budget Amendments.
Budget Amendments FY 14115 54.1 - 54.3
Budget Amendments FY 15/16 4.1 -4.5
19. Personnel Change of Status.
Personnel Action Forms
20. Payment of Claims.
21. Convene into Executive Session pursuant to Texas Government Code 551.087 to discuss or
deliberate economic development negotiations.
22. Consider and possible action on Executive Session.
23. Acknowledgement of the Brazos County Expo FY 2015 Fourth Quarter Sales and Marketing Report.
24. Sheriffs Report on Inmate Population.
25. Announcement of interest items and possible future agenda topics.
26. Call for Citizen input andlor concerns.
27. Adjourn.
pg. 3 --
PUBLIC COMMENTS
Public Comment durina fie 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 Emeraency meeting of the Court shall conduct themselves with Draper 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 appropnate 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 croup. 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 Courtas a body, or any member or members of the Court. or County employees, individually or collectively.
Accordingly, orofane, 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 speakers 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 property 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 9
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 Cour! The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court ano 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 nave no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 Scum Texas Ave. Suite 106 Bryan, TX 77803 is
wheelchair accessible. Handicap parking spaces are available. Any request for sian interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 381-4102.
Fo:i-
� � 7 Pg. _� —
BRAZOSCOUNTY
BRYAN,TUXAS
MINUTES
October 20, 2015
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
Rf Signature Page.pdf
0 File Stamped Agenda.pdf
10- 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, October 20,
2015 with the following members of the Court present:
Duane Peters, County Judge, Presiding,
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in attendance
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.
Consider and take action on agenda items 3 - 22:
3. Approval of the 2015 Brazos County Tax Roll per Sec. 26.09 (e) of the Texas Property Tax
Vol. �� p9•_.�
Code.
0 Item Indf
The County Judge then proceeded to read the total levy of $69,827,630.14.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
4. Appointment of Irma Cauley to the City of Bryan Comprehensive Plan Advisory Committee
effective immediately.
M— Item 4.odf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Sammy Catalena. Passed, 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters
Wassermann .
5. Acceptance of donated personal property from inmates leaving jail during the month of July
2015.
19 Item 5.0df
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
6. Request from the Jail and Jail -Medical for the following personnel changes effective October
24, 2015. This will have a decrease in the Jail's FY 2016 in the amount of $2,027.00.
a. 28000200 - Jail Division
o Decrease Detention Officer - Jail, Class Code 1511 Position 8, Group 16 Step 3 to
Group 16 Step 21 Pay Code 016
o Decrease Detention Officer - Jail, Class Code 1511 Position 14, Group 16 Step 4
to Group 16 Step 3, Pay Code 016
o Decrease Detention Officer - Jail, Class Code 1511 Position 15, Group 16 Step 4
to Group 16 Step 3, Pay Code 016
o Decrease Detention Officer - Jail, Class Code 1511 Position 29, Group 16 Step 3
to Group 16 Step 2, Pay Code 026
o Decrease Detention Officer - Jail, Class Code 1511 Position 39, Group 16 Step 3
to Group 16 Step 2, Pay Code 026
o Increase Sergeant - Jail, Class Code 1505 Position 8, Group 20 Step 4 to Group
20 Step 5, Pay Code 026
b. 28003000 - Jail Medical
o Increase Correctional Health Professional - SO, Class Code 1509 Position 5,
Group 19 Step 4 to Group 19 Step 5, Pay Code 014
o Increase Correctional Health Professional - SO (Part -Time), Class Code 1530
Position 1, Group 19 Step 2 to Group 19 Step 3, Pay Code 016
ftp Item 6.pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
Request from the Sheriff Administration for the following personnel changes effective October
24, 2015. This will have no impact to the FY 16 Sheriff Administration's Budget.
. a. Decrease Deputy Sheriff - Training Coordinator, Class Code 1425 Position 1, Group
23 Step 10 to Group 23 Step 6, Pay Code 026
. b. Increase Process Server - Deputy Sheriff, Class Code 1433 Position 2, Group 23 Step
6 to Group 23 Step 10, Pay Code 026
0 Item Todf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters,
Wassermann .
8. Consider and take action on a Chapter 381 Economic Development Incentive Agreement with
the Adam Development Properties, L.P.
Item 8 Abstention Affdavit.pdf
On motion from Commissioner Catalena and seconded by Commissioner Wassermann, the
Court voted to remove this item from the agenda to allow time to complete the documents.
Judge Peters abstained from participating in the vote.
Motion: Remove, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Lloyd Wassermann. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard ,
Wassermann . Members voting Abstain: Peters .
9. Funding Agreement with Texas A&M University System for the benefit of Easterwood Airport
for Fiscal Years 2015 and 2016.
0 Item 9.pdf
A copy of the funding agreement is attached.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
10. Approval to renew the addendum to the Warranty, Support and License Agreement with Hart
Intercivic for all the County owned Voting Equipment.
n— Item 10.odf
A copy of the agreement is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
11. Approval of copier maintenance contract with Dahill for twenty seven (27) County owned
copiers.
Ila Item 11.0
A copy of the contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny
Mallard, Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters
Wassermann.
12. Approval of capital improvement item to Building Abatement Demo for $123,000, for abatement
on Brazos County Courthouse phase V. This is being purchased off the TCPN Contract
#R5067.
IL Item 12.odf
A copy of the agreement is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Lloyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters
Wassermann .
13. Renewal of contract 2016-136R, Jail Pharmaceuticals with Contract Pharmacy Services, Inc.
0� Item 13.odf
A copy of the renewal of contract is attached.
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed, 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters
Wassermann .
14. Award of RFP # 2016-021 Extension of Greens Prairie Trail.
fe- Item 14.pdf
The Court voted unanimously to accept the recommendation of the Evaluation Committee and
awarded RFP #2016-021 to Larry Young Paving, Inc.
A copy of the bid tabulation is attached.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
15. The Replat of Duck Haven Subdivision Phase Two, Lot 1 R, Block 3 being a Minor Replat of Lot
1, Block 3 Duck Haven Subdivision Phase Two; (recorded in Volume 7819, Page 166/Brazos
County Official Records), 1.168 Acres; B. McGregor Survey, A-170; City of College Station
ETJ; Brazos County, Texas. Site is located in Precinct 1.
Item 15.0
Motion: Approve , Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
16. Consider and take action on conditional approval of the Final Plat of Indian Lakes Subdivision,
Phase XXI (21), Lots 1-12, Block 32, 22.963 Acres, J.M. Barrera Survey, A-69; (College Station
ETJ) Brazos County, Texas. Site is located in Precinct 1.
Item 16.odt
Motion: Approve , Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
17. Request permission to enter private property owned by Gene K. Huff located at 16559 Calumet
Trail (Woodlake Subdivision). Project will require the County to construct a temporary
cofferdam to allow replacement of 2 culvert pipes under Calumet Trail. Project will take
approximately 1 week to complete. Site is located in Precinct 1.
R Item 17.ndf
Motion: Approve , Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
18. Budget Amendments.
Budget Amendments FY 14/15 54.1 - 54.3
0-- Item 18.odf
54.1 Reallocate funds for Alternative Dispute Resolution Fund.
54.2 Reallocate funds for Courthouse Improvement - CO 2012.
54.3 Reallocate funds for County Attorney -Administration.
Vol. a Pg.--'-
Budget Amendments FY 15/16 4.1 - 4.5
4.1 Reallocate funds for the Law Library Fund.
4.2 Reallocate funds for the Fleet Maintenance Building.
4.3 Reallocate funds for General Capital Improvements - Road & Bridge.
4.4 Transfer funds from General Fund Contingency to Brazos Center.
4.5 Reallocate funds for Courthouse Improvements - 2015 Certificates of Obligation.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley, Mallard , Peters ,
Wassermann .
19. Personnel Change of Status.
Personnel Action Forms
IU Item 19.0df
A copy of the Personnel Change of Status requests is attached.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner -Loyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
20. Payment of Claims.
In BILL LIST 10.20.15.0
[4- Claims Sheet.pdi
IZRfIZIMARRYUMNI
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
21. Convene into Executive Session pursuant to Texas Government Code 551.087 to discuss or
deliberate economic development negotiations.
At this point, the County Judge announced the Court would consider items 23 through 26 then
return to convene into Executive Session.
Having considered the previously noted agenda items, at 10:12 a.m. the County Judge stated
that the Court would convene into Executive Session to deliberate pursuant to Texas
Government Code 551.087 as stated above.
The following individuals were asked to stay for the meeting:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
Kelly Templin, College Station City Manager
Natalie Ruiz, College Station Director of Economic Development
Judge Peters abstained from participating in the Executive Session.
22. Consider and possible action on Executive Session.
In Judge Peters' absence, Commissioner Mallard announced the meeting open to the public at
10:53 a.m. and stated that no action would be taken on the Closed Executive Session.
23. Acknowledgement of the Brazos County Expo FY 2015 Fourth Quarter Sales and Marketing
Report.
I4—� Item 23.0df
The Court acknowledged receipt of the Brazos County Expo FY 2015 Fourth Quarter Sales and
Marketing Report.
24. Sheriffs Report on Inmate Population.
Sheriff Chris Kirk stated there were 582 inmates in jail, 57 have electronic monitors and 8 are
pending for monitors.
25. Announcement of interest items and possible future agenda topics.
There were no announcements.
26. Call for Citizen input and/or concerns.
There was no citizen's input.
27. Adjourn.
The foregoing minutes of the Commissioners Court meeting held October 20, 2015 have
been examined and are approved in open Court this Jr d day of
Qum Ike 2015, in Bryan, Brazos County, Texas.
Duane Peters Lloyd Wassermann
County Judge Commissioner, Precinct 1
S my Cat na
Commissi er, Precinct 2
fib,4560-
Irma Cauley
Commissioner, Precinct 4
Attest:
1�are`n,UcQueen ��—
Count Clerk
Kenny Mallard
Commissioner, Precinct 3
Vol. � .2 % pg•_//
P��ot2
BRAZOS COUNTY
COMMISSIONER'S COURT
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COMMISSIONER'S COURT
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3
BRAZOS County
2015 LEVY TOTALS
Actual Tax
G1-BRAZOSCOUNTY
Property Count: 127,279
Grand Totals 10/8/2015 3:40:51PM
DP
6,284,499,029
.Land
Homesite:
1,970,568,927
Non Homesite:
2,114,513,024
Ag Market
1,285,068,773
Timber Market:
0 Total Land (+) 5,370,150,724
Improvement
Assessed Taxable
Actual Tax
Ceiling
Count
Hcmewe:
DP
6,284,499,029
193,086.93
199,332.84
Non Homesite:
8,680,710.51
5,036,465,066
Total Improvements
H 11,320,964,095
Non Real
Count
Value
OV65
1,606,648,375 1,001,206,241
Personal Property:
8,759
1,725,113,035
Total
Mineral Property:
49,282
663,707,415
8,746 Freeze Taxable
(-) 1,048,366,746
Autos:
0
0
Total Non Real
H 2,388,820,450
Transfer
Assessed Taxable
Market Value
= 19,079,935,269
Ag
Non Exempt
Exempt
242,290 167,290
156,744
Total Productivity Market:
1,284,494,293
574,480
Total
242,290 167,290
Ag Use:
41,568,786
4,560
Productivity Loss
(-) 1,242,925,507
Timber Use:
0
0
Appraised Value
= 17,837,009,762
Productivity Loss:
1,242,925,507
569,920
Homestead Cap
(-) 37,058,314
Assessed Value
= 17,799,951,448
Total Exemptions Amount
H 3,141,331,987
(Breakdown on Next Page)
Net Taxable = 14,658,619,461
Freeze
Assessed Taxable
Actual Tax
Ceiling
Count
0.424700
DP
49,353,938 46,597,504
193,086.93
199,332.84
402
8,680,710.51
DPS
1,052,210 563,001
2,362.58
3,133.22
9
OV65
1,606,648,375 1,001,206,241
3,614,710.35
3,671,309.82
8,335
Total
1,657,054,523 1,048,366,746
3,810,159.86
3,873,775.88
8,746 Freeze Taxable
(-) 1,048,366,746
Tax Rate
0.485000
Transfer
Assessed Taxable
Post % Taxable
Adjustment
Court
OV65
242,290 167,290
156,744
10,546
1
Total
242,290 167,290
156,744
10,546
1 Transfer Adjustment
(-) 10,546
Freeze Adjusted Taxable
= 13,610,242,169
Levy Into
M&O Rate:
0.424700
M&O Tax:
61,139,181.50
I&S Rate:
0.060300
I&S Tax:
8,680,710.51
Protected I&S Rate:
0.000000
Protected I&S Tax:
0.00
Ag Penalty:
PP Lala Penalty:
7,738.13
0.00
Tax Increment Finance Value:
Tax Increment Finance Levy
C 'Total Levy
0
0.00
69;827,630.14-
G1/237993 Page 1 of 2 Two Automation, Inc.
Vol. a 7 pg , yC _�
BRAZOS County 2015 LEVY TOTALS
GI-BRAZOSCOUNTY
Property Count: 127,279 Grand Totals 10/8/2015 3:40:52PM
Exemption Breakdown
Exemption
Count
ILocal
State
Total
Act
15
172,839,112
0
172,839,112
CHODO (Partial)
15
9.077.634
0
9,077,634
DP
424
0
0
0
DPS
9
0
0
0
DV1
244
0
2,262,679
2,262,679
DV1S
15
0
45,000
45,000
DV2
172
0
1,697,130
1,697,130
DV2S
5
0
37,500
37,500
OV3
173
0
1,794,360
1,794,360
DV3S
2
0
20,000
20,000
DV4
317
0
1,670,960
1,870,960
DWS
73
0
782,352
782,352
DVHS
221
0
40,200,233
40,200,233
DVHSS
21
0
2,943,373
2,943,373
EX
12
0
3,036,668
3,036,668
EX -XD
14
0
629,370
629,370
EX -XD (Prorated)
4
0
60,416
60,416
EX-XG
7
0
582,906
582,906
EX -XI
5
0
990,280
990,280
EX -XJ
16
0
30,838,570
30,838,570
EX -XL
4
0
433,400
433,400
EX-XN
29
0
2,498,850
2,498,850
EX-XR
1
0
6,990
6,990
EX -XU
17
0
24,720,860
24,720,860
EX -XV
1,851
0
2,143,565,141
2,143,565,141
EX -XV (Prorated)
29
0
7,877,311
7,877,311
EX366
25,762
0
855,685
855,685
FR
47
64,967,862
0
64,967,862
MASSS
7
0
1,152,827
1,152,827
OV65
8,925
615,712,937
0
615,712,937
OV65S
40
2,688,200
0
2,688,200
PC
22
7,143,381
0
7,143,361
SO
1
0
0
0
Totals 872,429,126 2,268,902,861 3,141,331,987
D
Duane Peters Date
County Judge
31/237993 Page 2 of 2 Two Automation, Inc.
Vol. _a, �, P /f
BRAZOS COUNTY, TEXAS
ACCEPTANCE OF DONATED/AWARDED PROPERTY
' DONATION OF COUNTY PROPERTY
Date:
:[ ] Acceptance ofDonated/Awarded property [ ]Donation of County Property
(Awarded property requires signed court documentation)
[a/] Acceptance ofDonated Innate Property
(Requires signed inmate documentation — NO VALVE ASSESSED)
Item Deaaipticn:S,2C_ y{cir_ ed jocunct;nts
FlaSseprovide all tafartuatlon requested below as applicable to the property being accepted or donated. Forms containing any blank
fields will be returned for completion.
Make: Model: Year. SNA9N9:
Functional Non -Functional. ExplainifNon-Functional
Additional Descriptionwormation: 74_e.rr)S GLGnUorrl C4 kV Zn W7 C4)eS lec,w r1(
Estimated V aloe: Check box for Capital Asset (salue/irthiel cost is over 55000)
check the appropriate account based on
estimated value ofproperty being accepted:
61735000 (Donation - Other)'
60010000 No Asset Tag -Under 5500)
67010000 (MinorProperty -5500 - S4oM
50010000 (CapitalFrop erty - Over=Do)
Check the appropriate entity property being
donated to:
Government Entity:
Caganization Name
Other(Due to Statuatory
mqui emeats prior approval
is required by Purcbasing: Oigauization .Name
to be usedfor finds doaoled to Brazos Coanry for use ofa non- ormly r mdmPp.
I cvtify that the above mentioned item has been donated or awarded to Brazos County. This item has been receiied in good faith and upon
approval by Cotamissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or
reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operatmar
maintenance and insurance costs.
Requesting Department Q CS Ci 7� 1��
DepartmentName Authorized Signature
OrganizatiomReeivimgDoetedPmperty: /p� /
Authorized sianature
.t1ppn_)vbd,by Commissi on th' day of
Commissioners Court Approval
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AFFIDAVIT
TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171
STATE OF TEXAS §
COUNTY OF BRAZOS § ^ (, n �}
BEFORE ME, the undersigned authority, on (6f U bee 29 , E t/ � 5 personally appeared
Nafi Fae(S , who being duly sworn, deposes and says:
1. That he/she has a substantial interest in a business entity or real property. Official action taken by the
Commissioners Court of Brazos County, Texas conceemingfAgenda Item No. }�$_ of the
Court
Agendadated I "I G described. Ql �( ilWIam�G 1�C Q Qi0/Y1PiY1 1
4M, would have a special economic effect on that
M -F (v
business eentity r a special economic effect n the al`uee of the real property, that is distinguishable from the effect
on the public.
2./ That the substantial interest is (check the following as is appropriate):
UVJ a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either
10 percent or more or $15,000 or more of the fav market value of the business entity; or
() b. Funds received by me from the business entity exceed 10 percent of my gross income for the
previous year; or
() c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or
() d. A person related in the first degree by either affinity or consanguinity to me has a substantial
interest as defined above; or
() e. other
3. That I will abstain from participation in theMreto in Ite 1 unless ori d by law.
Signature��&
SWORN TO AND SUBSCRIBED BEFORE ME this the day of ��LIdL l� 20L� •�
UI'['IIANY rCF:tiTROM
Notary Public in and f
Nom y Public he State of Texas
STAIT OF Tcsns -
`+�i�o;;Ojf My Comm. Hxp. 091091_0 l`)
Filed: FILED FOR RECORD
DATE O ' Zl -/s
County Clerk AT 1 3" O'CLOCK_
KAREN MCQUEEN
Vol. , .21 7 Pg S
I
FUNDING AGREEMENT
BETWEEN THE TEXAS A&M UNIVERSITY SYSTEM
AND BRAZOS COUNTY, TEXAS
This Funding Agreement ("Agreement') is effective October 1, 2014, by and
between THE TEXAS A&M UNIVERSITY SYSTEM, (hereafter `TAMUS"), an agency
of the State of Texas, for the benefit of Easterwood Airport, and BRAZOS COUNTY,
TEXAS ("County"), a political subdivision of the State of Texas.
RECITALS
WHEREAS, TAMUS provides the services necessary to enable local citizens to
travel by private aircraft or scheduled commercial airliner, and maintains and operates
the facilities at Easterwood Airport, including but not limited to the terminal, runway and
all associated safety facilities and functions, for general and commercial aviation; and
WHEREAS, pursuant to the TEXAS TRANSPORTATION CODE Chapter 22, the
County recognizes that improving, equipping, maintaining, operating, regulating,
protecting, and policing an airport is a governmental function exercised for a public
purpose and that Easterwood Airport provides a public service to the County;
THEREFORE, in consideration of the mutual rights, obligations and covenants
contained herein, TAMUS and County agree as follows:
AGREEMENT
SECTION I
TERM OF AGREEMENT
1.01 This term of this Agreement is from October 1, 2014 through September 30,
2016.
SECTION II
PAYMENT
2.01 County, for and in consideration of the services to be provided to County, agrees
to pay to TAMUS a flat fee of SIXTY-FIVE THOUSAND FOUR HUNDRED AND NO/100
DOLLARS ($65,400.00) as a contribution to the cost of Aircraft Rescue and Fire
Fighting ("ARFF") coverage on Easterwood Airport for FY 15 and the amount of
SEVENTY THOUSAND, FOUR HUNDRED FIFTY SIX ($70,456) as support for FY 16.
County will pay out of current revenues, the full amount due within thirty (30) days of
receiving an invoice from TAMUS.
2.02 TAMUS acknowledges that any and all funds provided to TAMUS by the County
under this Agreement shall be used solely for operational expenses. No funds provided
by the County shall be used to purchase or repair any real property or fixtures of real
FO
.
property, including but not limited to building, repairing or maintaining improvements of
any kind.
2.03 TAMUS acknowledges the fee fairly compensates it for the services and
functions it is to provide pursuant to this Agreement.
SECTION III
TERMINATION
3.01 TAMUS or County may unilaterally terminate this Agreement, at any time and for
any reason, or no reason, by giving the other sixty (60) calendar days prior written
notice delivered pursuant to Section 4.01 of this Agreement.
SECTION IV
NOTICES
4.01 Notices required under this Agreement must be given by certified mail, registered
mail, or personal delivery, addressed to the parties listed below. TAMUS and/or County
can change this notice address by sending to the other party a notice of the new
address. Notices should be addressed as follows:
TAMUS: The Texas A&M University System
Office of the Chancellor
301 Tarrow, 7'h Floor
College Station, Texas 77840-7896
(979) 845-6000 (Telephone)
County: Brazos County Commissioners Court
200 S. Texas Avenue, Suite 310
Bryan, Texas 77803
(979) 361-4102 (Telephone)
Notices transmitted by United States mail or commercial mail courier shall be
deemed completed upon deposit in the United States mail or with the commercial
carrier.
SECTION V
MISCELLANEOUS
5.01 Contractual Agreement: TAMUS and County expressly acknowledge this
Agreement is intended and should be construed as a contract by and between TAMUS
and County. Nothing in this Agreement is intended to create an agency relationship,
partnership, joint venture, or any other such relationship.
5.02 Severability: Failure by TAMUS or County to insist on strict performance of any
requirement of this Agreement will not be construed as a waiver or relinquishment of
such requirement in future instances, but such requirement will continue and remain in
full force and effect.
5.03 Appropriation of Funds: All obligations of TAMUS are subject to the appropriation
of sufficient funds for such obligations by the Legislature of the State of Texas. Failure
by the Legislature to appropriate funds to TAMUS sufficient to continue to perform
under this Agreement relieves TAMUS from the obligation to perform during the period
of non-appropriation.
5.04 Successors and Assigns: This Agreement is binding upon TAMUS and County
and their respective successors in office or interest and assigns. This section is not to
be construed as authorizing assignment by TAMUS or County without the express
written consent of the other party.
5.05 State Agency: County expressly understands TAMUS is an agency of the State
of Texas, and nothing in this Agreement is intended to be, or should be construed as a
waiver or relinquishment by TAMUS of its rights to claim such exemptions, privileges
and immunities as provided by law. TAMUS expressly understands that County is a
political subdivision of the State of Texas and that nothing in this Agreement constitutes
an express waiver of governmental immunity from liability or lawsuit.
5.06 Governing Law: This Agreement is construed under and in accordance with the
laws of the State of Texas and is performable in Brazos County, Texas. In addition, by
statue, mandatory venue for all legal proceedings against TAMUS is to be in the county
in which the principal office of the governing officer is located.
5.07 Dispute Resolution: Any dispute between County and TAMUS regarding this
Agreement will be governed by Alternative Dispute Resolution for Use by Governmental
Bodies, Chapter 2009, Texas Government Code, and any applicable Model Rules
promulgated by the Office of the Attorney General and/or the State Office of
Administrative Hearing of the State of Texas. Any notice of dispute tendered by County
should be addressed to the Vice Chancellor of Business Affairs of TAMUS. Any notice
of dispute tendered by TAMUS should be addressed to the County Judge of Brazos
County.
5.08 Amendment or Modification: This Agreement may be modified or amended in
writing by the mutual consent of the parties with modification being attached to and
incorporated into this Agreement by this reference for all purposes.
5.09 Information Furnished by Recipient: No later than thirty (30) days prior to the end
of the Agreement term or any renewal anniversary date, TAMUS shall furnish to
County's Auditor documentation establishing the use of funds received by TAMUS from
the County as a result of this Agreement. TAMUS will cooperate in the provision of all
necessary or relevant information requested by County's Auditor to properly account for
all funds provided by County and expended or received by TAMUS as a result of this
Agreement,
TAMUS agrees that County, or its designated representative, shall have the right to
review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. TAMUS agrees to maintain such records for possible
audit for a minimum of three (3) years after the termination date of this Agreement,
unless a longer period of records retention is stipulated. TAMUS agrees to allow the
auditor(s) access to such records during normal business hours and to allow interviews
of any employees who might reasonably have information related to such records.
TAMUS agrees County, or its designated representative, shall further have the right to
review and to copy any records and supporting documentation for prior years in which
County provided funds to TAMUS under prior Agreements. Any audit will be conducted
by County personnel or an independent third party, as determined by the Brazos County
Commissioners Court. If the Brazos County Commissioners Court determines that the
audit will be conducted by an independent third party, all costs and expenses
associated with said audit will be solely paid for by County.
Annual financial statements (audited if available) are due to County within six (6)
months of completion.
EXECUTED in duplicate originals, each of which shall be of full legal force and effect as
a singular original, this 9 day of Ct4o6er , 2015, by TAMUS.
`TAMUS'
THE TEXAS A&M UNIVERSITY SYSTEM
By:
PHILLIP RAY
Vice Chancellor for Business Affairs
APPROVED AS TO FORM:
— /� '///6 kah -
KATHERIN R. KNIGH
Assistant General Counsel
Office of General Counsel
The Texas A&M University System
J
EXECUTED in duplicate i finals, each of which phall be of full legal force and effect as
a singular original, this — day of 2015, by County.
M
"COUNTY"
Brazos County Judge
ATTEST:
L 'u`'
KAREN MCQUEEN
Brazos County Clerk
APPROVED AS TO FORM:*
BILL BA LARD
Civil Division Counsel, Brazos County
*By law, Brazos County Civil Division counsel may only advise or approve contracts or
legal documents on behalf of its clients. It may not advise or approve a contract or legal
document on behalf of other parties. Our review of this document was conducted solely
from the legal perspective of our client. Our approval of this document as to form was
offered solely for the benefit of our client. Other parties should not rely on this approval
and should seek review and approval by their own respective attorney(s).
vol. .z 7 >o� io -.
ACKNOWLEDGEMENTS
STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME, the undersigned authority a Notary Public in and for the State of
Texas, on this day personally appeared PHILLIP RAY, Vice Chancellor for Business
Affairs, The Texas A&M University System, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this A day
of _04-060y 2015. n
"'• JOSIEVJYTASKE Notary ublic,
,�j, o. NOtcry Public, State of Texas
Commisslon Expires My CO missi(
o August 14, 2018
STATE OF TEXAS
COUNTY OF BRAZOS
of Texas
ires:
BEFORE ME, the undersigned authority a Notary Public in and for the State of
Texas, on this day personally appeared DUANE PETERS, County Judge, Brazos
County, Texas, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed for the purposes and
consideration therein expressed and in the capacity therein stated.
QUNDER MY HAND AND SEAL OF OFFICE this day of
2015.
Pa0 BC'I'IIANY IiCKSTROM
Notary Public
STAraorrr•.xnS Notary Public, Utate of Texan
:�qre pi,F+P' My Convn. Bxp. 08/09/2019 My Commission Expires: 75�
Vol. _45jj7 pg. 3�
E
HART
R t e - f c i V i c
RENEWAL OF THIS ADDENDUM TO THE HART
WARRANTY, SUPPORT, AND LICENSE AGREEMENT
WHEREAS, Hart lnterCivic and Brazos County, TY ("Client") entered into an Addendum to the Warranty, Support, and
License Agreement on or about .August 24, 2010 and
WHEREAS, the second term commitment in the Addendum was defined as three (3) years and staled:
"Second Term Commitment. After the Initial Tenn Commitment Period, Client may elect to renew for a period
equal to the Second Term Commitment Period by sending written notice to Hart. For the Second Term Commitment
Period, Hart may increase the Annual Fee one time at die beginning of such period by a maximum of four percent (4%) of
die Annual Fee for.the.Base Year, and such adjusted fee shall apply for the remainder of the Second Tenn Commitment
Period"
And WHEREAS Client now wishes to extend the Addendum into the second term of 11/2015 — 10/2019 at the rate of
$54,537.00 per year with current equipment and software licenses (additional equipment and licenses will increase
the rate but will also lock in to this agreement),
THEREFORE, Client's signature below signifies a commitment to a second term under the conditions in the Addendum
and the understanding that any unused portion of this commitment may be transferred to any future voting system (e.g.,
Verity) offered by Ilart InterCivic during this second tern.
Agreed and Accepted:
Customer Name:
Billing Address:
City:
State:
Zip:
Primary Phone
Email:
Signature:
X
Printed Name: Title:
�tcun OiA.�
Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and
deliver this Agreement. Each party represents and warrants to die other that the execution and delivery of the Agreement and the
performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement
binding on such party and enforceable in accordance with its terms,
Execute and email to or fax to 512.252.6905
HART
i n r e rt i, it
Enclosed with this draft invoice you will Find the renewal agreement for your License & Support
Addendum. The initial term of that agreement is expiring. By signing and returning the renewal
agreement, you guarantee that your License & Support fees to Hart will not increase, after a one-
time 4% increase, for the next three (3) years (per the tennis of the Addendum).
Note that the draft invoice already includes the 4% increase, so this is the rate that you "lock in"
at for 3 years. 1f you choose not to renew the License & Support Addendum, your License
Support fee will increase by 4% each upcoming year.
If you elect to renew, complete the enclosed form and fax or email the completed form on or
before your renewal date to 512.252.6905 or plichtenheld@hartic.com. if you have questions,
please call -me: --
Best Regards,
Pete Lichtenheld
Vice President of Operations
Fax 512.252.6905
Phone 512.252.6578
Hart InlcrCivic, Inc. • 15500 Wells Port Urivc • Austin, Tx 78728 • 800.223JIAM
iare@hanic.com svnw.hanintercivic.cum
Vol. -Pg. ✓�✓� _I
H'b
Y. v
i'
ADDENDUM TO TETE
WARRANTY, SUPPORT, AND LICENSE AGREEMENT
This Addendum to the Warranty, Support and License Agreement ("Addendum") is made as of
ul �- , 2010 ("Addendum Effective Date") by and between Hart InterCivic, Inc., a Texas corporation ("Hart"), and
Brazos county ("Client"), a governmental subdivision of the State of Texas
WHEREAS, Hart and Client entered into a Warranty, Support, and License Agreement on or about
November 25 , 20 0� (the "Agreement"); and
WHEREAS, Hart and Client desire to amend the Agreement as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants contained herein, Hart and Client hereby agree to amend
certain of the provisions of the Agreement as follows:
1) Definitions. The following terms shall. have the following respective definitions. Capitalized terms not
defined in this Addendum shall have the meaning set forth in the Agreement for such term.
a)"Base Year" means 2010 is 2,439)
b) "Initial Term Commitment Period" means s years.
c) "Revised Termination Date" means November 25, 2015
d) "Second Term Commitment Period" means three (3) years.
e) "Anniversary Date" means the annual date payment is due.
2) Initial Term Commitment. The term of the Agreement shall be extended by the Initial Term Commitment
Period such that it now ends on the Revised Termination Date. The Annual Fee for each year of the Initial Term
Commitment Period shall be equal to the Annual Fee for the Base Year.
3) Second Term Commitment. After the Initial Term Commitment Period, Client may elect to renew for a period
equal to the Second Term Commitment Period by sending written notice to Hart. For the Second Term Commitment
Period, Hart may increase the Annual Fee one time at the beginning of such period by a maximum of four percent (4%) of
the Annual Fee for the Base Year, and such adjusted fee shall apply for the remainder of the Second Tenn Commitment
Period.
4) Post -Commitment. After the Initial Term Commitment Period and, if elected by the Client pursuant to Section
3 above, the Second Term Commitment Period, the Agreement may be renewed for subsequent one (1) year renewal terms
at Client's discretion pursuant to the renewal provisions set forth in the Agreement. For each such one (1) year period,
the Annual Fee may be increased in IIart's discretion subject to any maximum increase limits set forth in the Agreement.
5) Applicability and Additional Equipment. This Addendum and the services provided pursuant thereto apply
only to the Hart Voting System version 6.x. Notwithstanding the rest of this Addendum, to the extent that Client purchases
additional equipment or software during the Revised Term or thereafter, Client's Annual Fee will be increased accordingly
pursuant to the Agreement and as mutually agreed upon by and between Client and Hart.
L Lol. --�—�17 -��tl
6) Termination. In the event that the Agreement is terminated prior to the end of the Revised Term either by
Client for any reason other than as a result of Hart's default as defined in the Warranty, Support and License Agreement or
as a result of Client non -appropriation of funds or by Hart as a result of Client's breach, Client shall pay to Hart a termination
fee equal to the Annual Fee determined in accordance with Section I above, multiplied by the number of years remaining in
the Revised Term for which the Annual Fee has not yet been paid. In addition, Client shall not be entitled to any refund or
credit for Annual Fee payments made prior to such termination. In the event that public funds are not appropriated for the
performance of Client's obligations under this contract, then this contract shall automatically expire on the next anniversary
date without penalty to Client. Client must provide thirty (30) days written notice to Hart prior to the anniversary date of the
non -appropriation of public funds, It is expressly agreed that Client shall not activate this non -appropriation provision for its
convenience, substitution for another voting system, voting solution, or election -related services or to circumvent the
requirements of this contract in any way, but only as an emergency fiscal measure during a substantial fiscal crisis which
affects generally its governmental operations. Upon contract expiration or termination Client shall itmnediately cease all use
of Hart equipment, Hart software or any other component or part of the Hart Voting System.
7) Representations. Each party hereto represents and warrants that (i) it has obtained all necessary approvals,
consents and authorizations to enter into this Addendum and to perform and carry out its obligations hereunder, (it) the
persons executing this Addendum on its behalf have express authority to do so, and, in so doing, to bind the party thereto;
and (iii) the execution, delivery, and performance of this Addendum does not violate any provision of any bylaw, charter,
regulation, or any other governing authority of the party.
8) General. This Addendum supersedes the relevant provisions of the Agreement and any prior amendments
thereto. All unaffected provisions of the Agreement are and shall remain valid and binding in accordance with the terms of
the Agreement. This Addendum is governed by the laws of the State of Texas without regard to principles of conflict of
laws. This Addendum maybe executed in multiple counterparts. Facsimile signatures shall be valid and binding. Client is
responsible for payment of any taxes related to the license and support fees referenced in this addendum.
IN WITNESS WHEREOF, the parties have entered into this Addendum to the Agreement as of the Addendum Effective
Date.
Agreed and Accepted:
Client
Name:
Address:
Primary Phone:
Facsimile:
E-mail:
ExecutedBim:
Name: I nO
Title: cc �t1Y
Hart
HartlnterCivic, Inc.
15500 Wells Port Drive
Austin, Texas 78728
Attn.: Phillip W. Braithwaite
800-2234278
M
ThisAdderrdurn is not effectipe until executed by both parties.
pg J,5 .
.ager
Agreement No. ;Slate Agreement No.
HART INTERCIVIC, INC.
eSLATE WARRANTY, SUPPORT, MAINTENANCE AND LICENSE AGREEMENT
(SIGNATURE PAGE)
This eSlate Warranty, Support, Maintenance and License Agreement ("Agreement') is entered into by and
between Hart InterCivic, Inc., a Texas corporation ("Hart"), and Brazos County ("Client'), a governmental
subdivision of the State of Texas. This Agreement is entered into in connection with an eSlate Agreement
dated 11 y -L- . between Hart and Client under which Client has purchased eSlateTM Hardware.
This Agreement sets forth terms between Hart and Client applicable to Client's ownership and use of the
eSlate Hardware and license from Hart of Hart Proprietary Software, including warranty, support,
maintenance, license, and other terms. Defined terms used in this Agreement will have the meanings
specified in Section 13, Definitions or as otherwise set forth herein.
The following Schedules are attached to this Agreement and made a part hereof
Schedule A, Support Contact Information
Schedule B, Hart Proprietary Software
Schedule C, Non -Hart Software
Schedule D, Initial Annual Fee
Client acknowledges it has read and understands this Agreement (including all Schedules) and is entering
into this Agreement only on the basis of the terms expressly set forth in this Agreement. There are no
oral agreements, representations or warranties. The Effective Date of this Agreement is 0-I- .
Agreed and Accepted:
Hart
Hart InterCivic, Inc.
15500 Wells Port Drive
Austin, TX 78728
Atm: Jerry Meadows,
Senior Vice President
Election Solutions Group
800-223-4278
800-831-1485
jmeadows@hartic.com
%Aa,, LQou%S
Jer"eb2ows
Senior Vice President
Election Solutions Group
This Agreement is not effective until executed by hotly parties.
Page I of 16
CONMENVAL
Vel-: P"_4_
Client
Name:
Brazos County
Address:
300 E. 26' Street
Bryan, TX 77803
Attn: Karen McQueen
County Clerk
Brazos County
Primary Phone:
979-3614135
Facsimile:
979-361-4125
e-mail
kmcqueen@co.brazos.tx.us
Executed by:
Name:
Alvin Jones
Title:
County Judge
Brazos County
Hart
Hart InterCivic, Inc.
15500 Wells Port Drive
Austin, TX 78728
Atm: Jerry Meadows,
Senior Vice President
Election Solutions Group
800-223-4278
800-831-1485
jmeadows@hartic.com
%Aa,, LQou%S
Jer"eb2ows
Senior Vice President
Election Solutions Group
This Agreement is not effective until executed by hotly parties.
Page I of 16
CONMENVAL
Vel-: P"_4_
In consideration for the agreements set forth herein, the parties agree as follows:
1. Warranty Terms
1.1 eSlate Hardware Limited Warranty. Hart warrants and represents that the eSlate
Electronic Voting System was created and designed specifically for the election process, including the
type of elections typically conducted in Brazos County, Texas, a representation upon which Client relied
in selecting this system for purchase. Hart warrants that during the warranty period the eSlate Hardware
purchased by Client will be free from defects in materials and workmanship and will substantially
conform to the performance specifications stated in the Hart Precinct Voting System Operator's. Manual
for the eSlate Hardware. The warranty period is three years beginning with the Installation Date. Hart
will, at Hart's sole discretion, replace or repair any eSlate Hardware which does not comply with this
warranty, at no additional charge to Client. To request warranty service, Client must contact Hart in
writing within the warranty period. Hart may elect to conduct any repairs at Client's site, Hart's facility
or any other location specified by Hart. Any replacement eSlate Hardware provided to Client under this
warranty may be new or reconditioned. Hart may use new and reconditioned parts in performing
warranty repairs and building replacement products. If Hart repairs or replaces eSlate Hardware its
warranty period is not extended and will terminate upon the end of the warranty period of the replaced or
repaired eSlate Hardware. Hart owns all replaced eSlate Hardware and all parts removed from repaired
products. Client acknowledges and agrees that this warranty is contingent upon and subject to Client's
proper use of the eSlate Electronic Voting System and the Exclusions from Warranty, Support and
Maintenance Coverage set forth in Section 1.3. This warranty does not cover any eSlate Hardware which
has had the original identification marks and/or numbers removed or altered in any manner. The
remedies set forth in this Section are the full extent of Client's remedies and Hart's obligations regarding
this warranty.
1.2 Hart Proprietary Software Limited Warranty. Hart warrants that during the term of
this Agreement the Hart Proprietary Software will perform substantially according to the then current
functional specifications described in the BOSSTM , TallyTM and Ballot NowTM Operators' Manual
accompanying such Hart Proprietary Software. To request warranty service, Client must contact Hart in
writing within the warranty period. Failure to conform to the warranty must be reported in writing and
be accompanied with sufficient detail to enable Hart to reproduce the error and provide a remedy or
suitable work -around. Hart will make commercially reasonable efforts to remedy or provide a suitable
work -around for defects, errors or malfunctions covered by this warranty that have a significant adverse
affect upon operation of the Hart Proprietary Software, at no additional charge to Client. Because not all
errors or defects can or need be corrected, Hart does not warrant that all errors or defects will be
corrected. Client acknowledges and agrees that this warranty is contingent upon and subject to Client's
proper use of the eSlate Electronic Voting System and the Exclusions from Warranty, Support and
Maintenance Coverage set forth in Section 1.3, The remedies set forth in this Section 1.2 are the full
extent of Client's remedies and Hart's obligations regarding this warranty.
1.3 Exclusions from Warranty, Support and Maintenance Coverage. The warranties
under this Section 1 and Software support and maintenance under Section 2 do not.cover defects, errors
or malfunctions which are caused by any external causes, including but not limited to any of the
following: (a) Client's failure to follow operational, maintenance or storage instructions as set forth in
applicable documentation; (b) the use of non -compatible media, supplies, parts or components; (c)
modification or alteration of the eSlate Electronic Voting System, or its components, by Client or third
parties not authorized by Hart; (d) use of equipment or software not supplied or authorized by Hart; (e)
external factors (including, without limitation, power failure, surges or electrical damage, fire or water
Page 2 of 16
C NFIDENTIAL
Vol.
damage, air conditioning failure, humidity control failure, or corrosive atmosphere harmful to electronic
circuitry); (f) failure to maintain proper site specifications and environmental conditions; (g) negligence,
accidents, abuse, neglect, misuse or tampering; (h) improper or abnormal use or use under abnormal
conditions; (i) use in a manner not authorized by this Agreement or use inconsistent with Hart's
specifications and instructions; 0) use of software on Equipment that is not in good operating condition,
(k) acts of Client, its agents, servants, employees, or any third party; (1) servicing, support or maintenance
not authorized by Hart; or, (m) Force Majeure. Hart reserves the right to charge for repairs (on a time and
materials basis at Hart's then prevailing rates, plus expenses) and replacements (at Hart's list prices)
caused by these exclusions from warranty, support and maintenance coverage.
1.4 Non -Hart Equipment and Non -Hart Software Excluded. HART MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO NON -HART EQUIPMENT AND NON -HART
SOFTWARE, IF ANY, PROVIDED BY HART TO CLIENT, ALL OF WHICH 1S SOLD, LICENSED
OR SUBLICENSED TO CLIENT "AS IS." HART HAS NO RESPONSIBILITY OR LIABILITY FOR
NON -HART EQUIPMENT AND NON -HART SOFTWARE, IF ANY, PROVIDED BY HART'S
DISTRIBUTORS OR OTHER THIRD PARTIES TO CLIENT. If Hart sells, licenses or sublicenses any
Non -Hart Equipment or Non -Hart Software to Client, Hart will pass through to Client, on a non-
exclusive basis and without recourse to Hart, any third party manufacturer's warranties covering the
equipment or software, but only to the extent, if any, permitted by the third party manufacturer. Client
agrees to look solely to the warranties and remedies, if any, provided by the manufacturer or third party
licensor. Hart does represent and warrant that the Non -Hart Software and Non -Hart Equipment to be
purchased under the eSlate Agreement dated of even date herewith is compatible and, when functioning
properly, will function properly with the eSlate Electronic Voting System.
1.5 DISCLAIMER. THE WARRANTIES IN THIS WARRANTY TERMS SECTION
GIVE CLIENT SPECIFIC LEGAL RIGHTS, AND CLIENT MAY ALSO HAVE OTHER RIGHTS
THAT VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). HART'S
RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN ESLATE HARDWARE AND HART
PROPRIETARY SOFTWARE IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN
THIS WARRANTY TERMS SECTION. TO THE MAXIMUM EXTENT PERMIT'T'ED BY
APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES IN'SECTION 1 OF
THIS AGREEMENT, (A) THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY
OPERATION OF LAW OR OTHERWISE UNDER THIS AGREEMENT OR IN CONNECTION WITH
THE SALE OF ESLATE HARDWARE AND LICENSE OF HART PROPRIETARY SOFTWARE,
AND, (B) HART DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, TITLE AND NON -INFRINGEMENT FOR ALL EQUIPMENT, SOFTWARE,
AND SERVICES. THE EXPRESS WARRANTIES EXTEND SOLELY TO CLIENT. SOME STATES
(OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO CLIENT.
2. Software Support and Maintenance Services. .
2.1 Description of Support and Maintenance Services. Subject to the terms and
conditions of this Agreement, Hart will provide Client the Software support and maintenance services
described below. Support and maintenance under this Section 2 do not cover any of the exclusions from
warranty, support and maintenance coverage as described under Section 1.3. If Hart, in its discretion,
provides support and maintenance in addition to the services described under this Section 2, Client will
pay Hart for services on a time and materials basis at Hart's then prevailing rates, plus expenses, and for
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CONFIDENTIAL [Vol. _ )U__ Hg Y X-1
replacements at Hart's list prices, unless otherwise agreed in writing by Hart and Client
2.1.1 Software Support. Software support will consist of assisting the Client in
design and production of elections including pre-election and post-election testing and general operation
of the eSlate Electronic Voting System.
2.1.2 Software Maintenance. Software maintenance will consist of periodic updates
and any software "bug" corrections to Software. A Software "bug" will be any malfunction that prevents
the Software from performing substantially as described in the then -current operator's manual for such
Software. Because not all errors or defects can or need be corrected, Hart does not warrant that all errors
or defects will be corrected. Hart reserves the right to determine whether any reported, claimed Software
malfunction is in fact a software "bug". Software "bugs" must be reported in writing and be accompanied
with sufficient detail to enable Hart to reproduce the error and provide a remedy or suitable work -around.
The exclusions from warranty coverage under Section 1.3 also are exclusions from Software maintenance
under this Section 2.1.2.
2.1.3 Client Suggestions and Recommendations. Client may propose, suggest or
recommend changes to the Software at any time in writing to Hart. Such proposals, suggestions or
recommendations will become Hart's property. Hart may include any such proposals, suggestions or
recommendations, solely at Hart's option, in subsequent periodic Software updates. Hart is under no
obligation to change, alter or otherwise revise the Software according to Client's proposals, suggestions
or recommendations.
2.2 Support Contact Information. Support contact information is set forth on Schedule A,
Support Contact Information.
3. Software Licenses and Sublicenses.
3.1 Licenses and Sublicenses. Subject to the terms and conditions of this Agreement, Hart
grants to Client a personal, non-exclusive, nontransferable limited license to use the Hart Proprietary
Software and a personal, non-exclusive, nontransferable limited sublicense to use the Sublicensed
Software. Hart will provide Client, and Client will be permitted to use, only the run-time executable
code and associated support files of the Software for Client's internal data processing requirements as
part of the eSlate Electronic Voting System. The Software may be used only in the United States at the
Licensed Location specified on Schedule B on the Equipment or other computer systems authorized by
Hart in writing. Client may temporarily transfer the Software to a back-up computer system at an
alternative location within Client's county of operation if the Equipment or other authorized computer
system is inoperative or the Licensed Location is temporarily unavailable, provided Client must promptly
give Hart written notice of such temporary transfer, including a description of the back-up computer
system and the alternative location. Client's use of the Software will be limited to the number of users
specified in Exhibits B and C. Only Client and its authorized employees may use or access the Software.
Voters are also authorized to interact with the Software, in a manner consistent with user instructions,
for the sole purpose of producing a cast vote record during the course of an election. Client agrees that
Hart, the licensors of Sublicensed Software, and their representatives may periodically inspect and
conduct and/or direct an independent accounting firm to conduct an audit, at mutually agreed upon times
during normal business hours, of the computer site, computer systems, Equipment and appropriate
records of Client in order to verify Client's compliance with the terms of the licenses and sublicenses
granted to Client.
Page 4 of 16
CONFIDENTIAL 7 "-
Vol. _�/ _ pct.
3.2 Delivery and Installation. Hart will deliver and install the Software at the Client's site
on a mutually agreed upon date during Hart's normal working hours. Hart represents that the Hart
Proprietary Software to be installed is the most recent version certified by the Secretary of the State of
Texas and Client agrees that it will accept the Hart Proprietary Software as certified by the Secretary of
the State of Texas. The Software will be deemed accepted after the Software has been installed on the
Equipment ("Acceptance").
3.3 , Trainin2 and Documentation. Hart will provide standard user -level documentation for
the Software and operational training as described in Exhibit "C" of the eSlate Agreement of even date
herewith prior to the first election for which the Software will be used. Charges for additional training or
support serviceswill be invoiced to Client at Hart's then -current hourly rates, plus travel, communication
and other expenses. Any non-standard or additional training or support services will be mutually agreed
to by Hart and Client and documented in an amendment to this Agreement.
3.4 Protection of Software.
(a) The eSlate Hardware and Hart Proprietary Software are designed to be used only
with each other and the Non -Hart Software and Non -Hart Equipment. To protect the integrity and
security of the eSlate Electronic Voting System, without the express written consent of Hart, (i) Client
shall use the Software and Equipment only in connection with the eSlate Electronic Voting System, (ii)
Client shall not install or use other software on or with the Equipment or Software or network the
Equipment or Software with any other hardware, software, equipment or computer systems, and (iii)
Client shall not modify the Equipment or Software. If Client does not comply with any provisions of the
preceding sentence, then (i) the Limited Warranties under section I will automatically terminate; (ii)
Hart may terminate its obligation to provide Support and Maintenance Services under section 2; (iii) Hart
will have no further installation obligations under section 3.2 (Delivery and Installation), and (iv) Hart
will have no further obligations under section 3.3 (Training and Documentation). Hart shall provide
Client a written statement describing its claim that Client has not complied with the above referenced
provisions before it seeks to invoke the remedies stated above. Client, in such case, shall be due a credit
for any equipment not delivered or services not rendered by Hart as a result of such termination.
Furthermore, if Client uses the Software and Equipment in combination with other software and
equipment (other software or equipment being those not provided by Hart or its designees), and the
combination infringes Hart proprietary patent claims outside the scope of the software license granted to
Client under Section 3, Hart reserves its rights to enforce its patents with respect to those claims.
(b) Client shall not, under any circumstances, cause or permit the adaptation,
conversion, reverse engineering, disassembly or de -compilation of any Software. Client shall not use any
Software for application development, modification or customization purposes, except through Hart.
(c) Client shall not assign, transfer, sublicense, time-share or rent the Software or use
it for facility management or as a service bureau. This restriction does not preclude or restrict. Client from
contracting for election services for other local governments located within Client's jurisdictional
boundaries. Client shall not modify, copy or duplicate the Software; provided, during the term of'the
Software licenses and sublicenses, Client may have in its possession one copy of the Software for inactive
archival or back-up purposes. All copies of the Software, in whole or in part, must contain all of Hart's or
the third parry licensor's titles, trademarks, copyright notices and other restrictive and proprietary notices
and legends (including government restricted rights) as they appear on the copies of the Software provided
to Client. Client shall notify Hart of the following: (i) the location of all Software and all copies thereof,
Page 5 of 16
CONFIDENTIAL
and (ii) any circumstances known to Client regarding any unauthorized possession or use of the Software.
(d) Upon termination of Client's license or sublicense of .Software, Client shall
immediately discontinue all use of the Software and return to Hart or destroy, at Hart's option, the Software
(and all related documentation and Confidential and Proprietary Information) and all archival, back-up and
other copies thereof, and provide certification to Hart of such return or destruction.
(e) Client shall not publish any results of benchmark tests run on any Software.
(f) Although the Hart Proprietary Software and Sublicensed Software are protected by
copyright and/or patents, they may be unpublished, and constitute Confidential and Proprietary Information
of Hart.and the third party licensor, respectively: Client shall maintain the Software in confidence and
comply with the terns of Section 6, Protection of Confidential and Proprietary Information, with respect to
the Software.
(g) Client's obligation to protect confidential and proprietary information, including
but not limited to results of benchmark tests, is subject to the Texas Public Information Act, -Government
Code §552.001 et seq.
(h) This Section 3.4 will survive the termination or cancellation of this Agreement.
3.5 No Transfer of Title. This Agreement does not transfer to Client title to any Software,
intellectual property contained in any Software; or Confidential and Proprietary Information. Title to
Hart Proprietary Software and all copies thereof, and all associated intellectual property rights therein,
will remain in Hart. Title to Non -Hart Software and all copies thereof, and all associated intellectual
property rights therein, will remain is the applicable third party licensor.
3.6 Inherently Dangerous Applications. The Software is not developed or licensed for use in
any nuclear, aviation, mass transit, or medical application or in any other inherently dangerous applications.
Client shall not use the Software in any inherently dangerous application and agrees that Hart and any third
party licensor will not be liable for any claims or damages arising from such use.
4. • , Annual Fee.
4.1 Amount of Annual Fee. The Annual Fee is a combined licensing, sublicensing, support
and maintenance fee. Client will pay Hart an Annual Fee upon execution of this Agreement and annually
thereafter before each Anniversary Date. The amount of the Initial Annual Fee, payable upon execution
of this Agreement, is the amount specified as the "Initial Annual Fee" on Schedule D, Initial Annual Fee.
Subsequent Annual Fees are due annually prior to each Anniversary Date of this Agreement. Hart may
adjust the amount of the Annual Fee payable on each Anniversary Date by notifying Client of any price
changes with the invoice in which the adjustment is made, provided however, the Annual Fee shall not
increase over the amount stated on Schedule D for the next succeeding five (5) renewal terms. Unless
adjusted by Hart, each Annual Fee will be the same as the immediately preceding Annual Fee.
4.2 Invoices. Hart will invoice Client annually 90 calendar days before the due date of the
Annual Fee.
43 Payments. Client must pay each invoiced Annual Fee before the Anniversary Date
immediately following the date of invoice. If Client elects not to or fails to timely pay an Annual Fee,
Page 6 of 16
CONFIDENTIAL
VOI. oC;-7 - '.y ��
this Agreement and the licenses, sublicenses and Software support and maintenance services will
automatically terminate on such Anniversary Date. All payments are to be made to Hart at its principal
office in Austin, Texas, as set forth on the Signature Page or to such other location as may be designated
by Hart in a notice to Client.
4.4 Additional Charges. Additional charges may apply to services rendered outside
contracted hours or beyond normal coverage at Client's request, e.g., travel expenses, premium and
minimum charges. Any additional charges must be mutually agreed to by Hart and Client and
documented in an amendment to this Agreement.
4.5 Payment Disputes. If any dispute exists between the parties concerning the amount due
or due date of any payment, Client shall promptly pay the undisputed portion. Such payment will not
constitute a waiver by Client or Hart of any of their respective legal rights and remedies against each
other.
4.6 Taxes. If Client is tax exempt, Client will provide Hart with proof of its tax-exempt
status. If Client is not tax-exempt, (a) Client will pay any tax Hart becomes obligated to pay in
connection with this Agreement, exclusive of taxes based on the net income of Hart, and (b) Client will
pay all personal property and similar taxes assessed after shipment. If Client challenges the applicability
of any such tax, Client shall pay the tax and may thereafter seek a refund.
4.7 Suspension of Performance. If any payment due to Hart under this Agreement is past
due more than thirty days, Hart may suspend performance under this Agreement until all amounts due are
current.
5. Client Responsibilities.
5.1 Determination. Client acknowledges it has determined that the eSlate Electronic Voting
System meets its requirements premised on information provided to it in response to is questions and
stated needs as set forth in Exhibit "C" attached to the eSlate Agreement of even date herewith and
demonstrations of the eSlate Electronic Voting System.
5.2 Cooperation. Client agrees to cooperate with Hart and promptly perform Client's
responsibilities under this Agreement. Client will (a) provide adequate working and storage space for
use by Hart personnel near Equipment, (b) provide Hart full access to the Equipment and Software and
sufficient computer time, subject to Client's security rules, (c) follow Hart's procedures for placing
warranty service requests and determining if warranty remedial service is required, (d) follow Hart's
instructions for obtaining support, maintenance and warranty services, (e) provide a memory dump and
additional data in machine readable form if requested, (f) reproduce suspected errors or malfunctions in
Software, (g) provide timely access to key Client personnel and timely respond to Hart's questions, and
(h) otherwise cooperate with Hart in its performance under this Agreement.
5.3 Site Prenaration. Client shall prepare and maintain the installation site in accordance
with instructions provided by Hart. Client is responsible for environmental requirements, electrical
interconnections and modifications to facilities for proper installation, in accordance with Hart's
specifications. Any delays in preparation of the installation site will correspondingly extend Hart's
delivery and installation deadlines.
5.4 Site Maintenance; Proper Storage. Client shall maintain the appropriate operating
Page 7 of 16
CONFIDENTIAL f
environment, in accordance with Hart's specifications, for the Equipment and Software and all
communications equipment, telephone lines, electric lines, cabling, modems, air conditioning and all
other equipment and utilities necessary for the Equipment and Software to operate properly. Client shall
properly store the Equipment and Software when not in use.
5.5 Use. Client is exclusively responsible for supervising, managing and controlling its use
of the eSlate Electronic Voting System, including but not limited to, establishing operating procedures
and audit controls, supervising its employees, making daily backups, inputting data, ensuring the
accuracy and security of data input and data output, monitoring the accuracy of information obtained, and
managing the use of information and data obtained. Client will ensure that its personnel are, at all times,
educated and trained in the proper use and operation of the eSlate Electronic Voting System and that the
Equipment and Software are used in accordance with applicable manuals, instructions and specifications.
Client shall comply with all applicable laws, rules and regulations with respect to its use of the eSlate
Electronic Voting System.
5.6 Backups. Client will maintain back-up data necessary to replace critical Client data, in
the event of loss or damage to data from any cause.
6. Protection of Confidential and Pronrietary Information.
6.1 Confidentiality. Client will keep in confidence and protect Confidential and Proprietary
Information from disclosure to third parties and restrict its use to uses expressly permitted under this
Agreement. Client shall take all reasonable steps to ensure that the trade secrets and proprietary data
contained in the Equipment and Software and the other Confidential and Proprietary Information are not
disclosed, copied, duplicated, misappropriated or used in any manner not expressly permitted by the terms
of this Agreement. Client shall keep the Software and all tapes, diskettes, CDs and other physical
embodiments of them, and all copies thereof, at a secure location and limit access to those employees who
must have access to enable Client to use the Software. Client acknowledges that unauthorized disclosure
of Confidential and Proprietary Information may cause substantial economic loss to Hart or its suppliers
and licensors. Each permitted copy of Confidential and Proprietary Information, including its storage
media, will be marked by Client to include all notices that appear on the original. Title, copyright and all
other proprietary rights in and to the Software at all times remains vested exclusively in Hart or, as
applicable, third party licensors.
6.2 Return of Confidential and Proprietary Information. Upon termination or
cancellation of this Agreement or, if earlier, upon termination of Client's permitted access to or
possession of Confidential and Proprietary Information, Client shall return to Hart all copies of the
Confidential and Proprietary Information in Client's possession (including Confidential and Proprietary
Information incorporated in software or writings).
6.3 Intellectual Properties. All ideas, concepts, know-how, data processing techniques,
documentation, diagrams, schematics, firmware, equipment architecture, software, improvements, bug
fixes, upgrades and trade secrets developed by Hart personnel (alone or jointly with Client) in connection
with Confidential and Proprietary Information, eSlate Hardware, and Hart Proprietary Software will be
the exclusive property of Hart.
6.4 Support and Maintenance Materials. Client acknowledges that all support and
maintenance materials are the property of Hart and include Confidential and Proprietary Information of
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CONFIDENTIAL
Hart. Client agrees that it will not permit anyone other than Hart installation and maintenance personnel
and authorized County employees to use such materials.
6.5 Client Employees. Client will inform its employees of their obligations under this
Section 6 to ensure that such obligations are met.
6.6 License Back If Client possesses or comes to possess a licensable or sublicensable
interest in any issued patent with claims that read upon the eSlate Electronic Voting System, its method
of operation, 'or any component thereof, Client hereby grants and promises to grant an irrevocable,
royalty free, paid-up license, with right to sublicense, of such interest to Hart permitting Hart to make,
have made, use and sell materials or services within the scope of the patent claims.
6.7 State Law. Client's obligations pursuant to Section 6 are subject to the Texas Public
Information Act, Government Code §552.001 et seq.
6.8 Survival. This Section 6 will survive termination or cancellation of this Agreement
7. Title; Risk of Loss
7.1 Software.
(a) Hart Proprietary Software. Title to Hart Proprietary Software, all copies thereof
and all associated intellectual proprietary rights therein will remain in Hart, including but not limited to
all patents, copyrights, trade secrets, trademarks and other proprietary rights.
(b) Non -Hart Software. Title to Non -Hart Software, all copies thereof and all
associated intellectual proprietary rights therein will remain in the applicable third party licensor,
including but not limited to all patents, copyrights, trade secrets, trademarks and other proprietary rights.
(c) Risk of Loss. Risk of loss to Software will pass to Client upon delivery.
7.2 Confidential and Proprietary Information. Title to Hart's Confidential and
Proprietary Information will remain in Hart. Title to Confidential and Proprietary information of Hart's
suppliers and licensors will remain in the relevant suppliers and licensors.
7.3 Proprietary Rights. Client acknowledges and agrees that the design of the eSlate
Electronic Voting System, design of the eSlate Hardware, Hart Proprietary Software, and any and all
related patents, copyrights, trademarks, service marks, trade names, documents, logos, software,
microcode, information and material, are the property of Hart. Client agrees that the sale of eSlate
Hardware and license of Hart Proprietary Software to Client does not grant to or vest in Client any right,
title or interest in such proprietary property. All patents, trademarks, copyrights, trade secrets and other
intellectual property rights, whether now owned or acquired by Hart with respect to the eSlate Electronic
Voting System, eSlate Hardware and Hart Proprietary Software, are the sole and absolute property of
Hart and no interest therein is being vested in Client by the execution of this Agreement or the sale of the
eSlate Hardware or license of the Hart Proprietary Software to Client. Client shall not, under any
circumstances, cause or permit the adaptation, conversion, reverse engineering, disassembly or de -
compilation of any Software or Equipment. Client will have no authority or right to copy, reproduce,
modify, sell, license or otherwise transfer any rights in any proprietary property of Hart. The provisions
Page 9 of 16
CONFIDENTIAL vol.
of this section 7.3 will survive the termination or cancellation of this Agreement.
8. Term of agreement; Termination.
8.1 Term. The initial term of this Agreement and the licenses granted herein is one year
commencing on the Effective.Date and expiring on the first Anniversary Date.
8.2 - Renewal Terms. Except as otherwise provided in this Agreement, Client may renew
this Agreement prior to its expiration or termination by paying the Annual Fee invoiced by Hart, as
provided in Section 4.2, before the Anniversary Date immediately following the date of invoice, as
provided in Section 4.3. Each renewal term will be a one-year term, commencing on the expiration of the
prior term and expiring on the immediately following Anniversary Date.
8.3 Defaults. The following events will be deemed to be defaults:
(a) A party committing a material breach of any term of this Agreement or the eSlate
Agreement if such breach has not been cured within thirty days after written notice of such breach has
been given by the non -defaulting party to the defaulting party;
(b) A party filing bankruptcy, becoming insolvent, or having its business placed in
the hands of a receiver, assignee or trustee, whether by voluntary act or otherwise; or,
(c) A party failing to comply in any material respect with any federal, state or local
laws applicable to a party's performance under this Agreement or the eSlate Agreement.
8.4 Termination.
(a) This Agreement will automatically terminate at the end of its then current tern if
Client has elected not to or has failed to timely make full payment to Hart of the invoiced Annual Fee
required to renew the term, as provided in Sections 4.3 and 8.2.
(b) Hart may terminate Software Support and Maintenance Services under Section
2 on 30 days prior written notice to Client if Hart determines that any alterations, attachments or
modifications not made by Hart or the failure to install a maintenance release will interfere with the
provision of support or maintenance.
(c) A party may terminate this Agreement before expiration of its term for default by
the other party. If default occurs, the parties will have all remedies provided in this Agreement and
otherwise available by statute, law or equity, subject to the provisions of section 9.
8.5 Survival. Section 1.1 will survive the termination or expiration of this Agreement until
the end of the ,warranty period stated therein. Sections 3.4(b), 3.4(c), 3.4(d), 3.4(e), 3.4(f),.6, 7.3, 8.5,.9,
11 and 12. will survive the termination or expiration of this Agreement.
9. Limitation of Damages.
9.1 .EXCLUSIVE REMEDY. HART DOES NOT ACCEPT ANY LIABILITY FOR
WARRANTIES BEYOND THE REMEDIES SET FORTH IN SECTION L [-TART'S ENTIRE
Page 10 of 16
CONFIDENTIAL VOI —�� `-'---
LIABILITY AND CLIENT'S EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS CONCERNING
THE ESLATE HARDWARE PROVIDED TO CLIENT BY HART OR ITS DISTRIBUTORS, THIS
AGREEMENT AND SOFTWARE AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE
SET FORTH IN THIS SECTION 9 AND SECTION 8.4(C).
9.2. DISCLAIMER. CLIENT IS RESPONSIBLE FOR ASSURING AND MAINTAINING
THE BACK-UP OF ALL CLIENT DATA. UNDER NO CIRCUMSTANCES WILL HART BE
LIABLE TO CLIENT OR ANY THIRD PARTY FOR THE LOSS OF OR DAMAGE TO CLIENT
DATA.
9.3 LIMITATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS
AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HART,
HART'S LICENSORS AND ANY PARTY INVOLVED IN THE CREATION, MANUFACTURE OR
DISTRIBUTION OF THE EQUIPMENT AND SOFTWARE AND THE PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT WILL NOT BE LIABLE TO CLIENT FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST
PROFITS) OR FOR LOST DATA SUSTAINED OR INCURRED IN CONNECTION WITH THE
EQUIPMENT, SOFTWARE, SERVICES OR THIS AGREEMENT, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION AND WHETHER
ORNOT SUCH DAMAGES ARE FORESEEABLE. IN ADDITION, HART'S TOTAL LIABILITY TO
CLIENT FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THE EQUIPMENT,
SOFTWARE, SERVICES AND THIS AGREEMENT WILL IN NO EVENT EXCEED THE TOTAL
AMOUNT ACTUALLY PAID BY CLIENT TO HARP UNDER THIS AGREEMENT, HART IS NOT
LIABLE FOR DAMAGES CAUSED IN ANY PART BY CLIENT'S NEGLIGENCE OR
INTENTIONAL ACTS OR FOR ANY CLAIM AGAINST CLIENT OR ANYONE ELSE BY ANY
THIRD PARTY.
SOME STATES (OR JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO CLIENT.
9.4 Referrals. Hart may direct Client to third parties having products or services that may
be of interest to Client for use in conjunction with the Equipment and Software. Notwithstanding any
Hart recommendation, referral or introduction, Client will independently investigate and test non -Hart
products and services and will have sole responsibility for determining suitability for use of non -Hart
products and services. Hart has no liability with respect to claims relating to or arising from use of non -
Hart products and services, including, without limitation, claims arising from failure of non -Hart
products to provide proper time and date functionality.
10. Infringement Indemnity.
10.1 . Indemnity. Hart, at its own expense, will defend and indemnify Client against claims
that the eSlate Hardware or Hart Proprietary Software infringe a United States patent or copyright or
misappropriate trade secrets protected under United States law, provided Client (a) gives Hart prompt
written notice of such claims, (b) permits Hart to control the defense and settlement of the claims, and (c)
provides all reasonable assistance to Hart in defending or settling the claims.
10.2 Remedies. As to eSlate Hardware or Hart Proprietary Software which is subject to a
claim of infringement or misappropriation, Hart may (a) obtain the right of continued use of the.eSlate
Page 11 of 16
CONFIDENTIAL
Hardware or Hart Proprietary Software for Client or (b) replace or modify the eSlate Hardware or Hart
Proprietary Software to avoid the claim. If neither alternative is available on commercially reasonable
terms, then, at the request of Hart, any applicable Software license and its charges will end, Client will
stop using the applicable eSlate Hardware and Hart Proprietary Software, and Client will return to Hart
all applicable eSlate Hardware and return or destroy all copies of the applicable Hart Proprietary
Software, and will certify in writing to Hart that such return or destruction has been completed. Upon
return or Hart's receipt of certification of destruction, Hart will give Client a credit for the price paid to
Hart for the returned or destroyed eSlate Hardware and Hart Proprietary Software, less a reasonable
offset for use and obsolescence,
10.3 Exclusions. Hart will not defend or indemnify Client if any claim of infringement or
misappropriation (a) is asserted by an affiliate of Client, (b) results from Client's design or alteration of
any eSlate Hardware or Hart Proprietary Software, (c) results from use of any eSlate Hardware or Hart
Proprietary Software in combination with any non -Hart product, except to the extent, if any, that such use
in combination is restricted to the eSlate Electronic Voting System designed by Hart, (d) relates to non -
Hart Software or Non -Hart Equipment alone, or (e) arises from Client -specified customization work
undertaken by Hart or its designees in response to changes in Hart Proprietary Software or Non -Hart
Software that are made in response to Client specifications.
10.4 EXCLUSIVE REMEDIES. THIS SECTION 10 STATES THE ENTIRE LIABILITY
OF HART AND CLIENT'S SOLE AND EXCLUSIVE REMEDIES FOR INFRINGEMENT AND
TRADE SECRET MISAPPROPRIATION.
11. Dispute Resolution.
11.1 Disputes and Demands. The parties will attempt to resolve any claim or controversy
related to or arising out of this Agreement, whether in contract or in tort ("Dispute"), on a confidential
basis according to the following process, which either party may start by delivering to the other party a
written notice describing the dispute and the amount involved ("Demand").
11.2 Negotiation and Meditation. After receipt of a Demand, authorized representatives of
the parties will meet at a mutually agreed upon time and place to try to resolve the Dispute by
negotiation. If the Dispute remains unresolved after this meeting, either party may start.mandatory non-
binding mediation under the commercial mediation rules of the American Arbitration Association
("AAA") or such other mediation process as is mutually acceptable to the parties.
11.3 Iniunctive Relief. Notwithstanding the other provisions of this Section 11, if either
party seeks injunctive relief, such relief may be sought in a court of competent jurisdiction without
complying with the negotiation and mediation provisions of this Section 11.
11.4 Time Limit. Neither mediation under this section nor any legal action, regardless of its
form, related to or arising out of this Agreement may be brought more than 2 years after the cause �of
action first accrued.
12. General Provisions.
12.1 Entire Agreement. This Agreement and the attachments, schedules and exhibits hereto
are the entire agreement and supersede all prior negotiations and oral agreements. Hart has made no
representations or warranties with respect to this Agreement or the eSlate Electronic Voting System and
Page 12 of 16
CONFIDENTIAL
FO
f
7=__17
its components that are not included herein. Client acknowledges and agrees that Hart has no
responsibility or liability under the eSlate Agreement except to the extent, if any, that Hart is a party to
the eSlate Agreement. This Agreement may not be amended or waived except in writing signed by an
officer of the party to be bound thereby.
12.2 Preprinted Forms. The use of preprinted forms, such as purchase orders or
acknowledgments, in connection with this Agreement is for convenience only and all preprinted terms
and conditions stated thereon are void and of no effect. If any conflict exists between this Agreement
and any terms and conditions on a purchase order, acknowledgment or other preprinted form, the terms
and conditions of this Agreement will govern and the conflicting terms and conditions in the preprinted
form will be void and of no effect. The terms and conditions of this Agreement, including but not limited
to this Section 12.2, cannot be amended, modified or altered by any conflicting preprinted terms or
conditions in a preprinted farm.
12.3 Interpretation. This Agreement will be construed according to its fair meaning and not
for or against either party. Headings are for reference purposes only and are not to be used in construing
the Agreement. All words and phrases in this Agreement are to be construed to include the singular.or
plural number and the masculine, feminine, or neuter gender as the context requires.
12.4 GOVERNING LAW. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS
OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS,
UNLESS CLIENT IS A GOVERNMENTAL SUBDIVISION OF ANOTHER STATE, IN WHICH
CASE THE LAWS OF THE STATE IN WHICH CLIENT IS A GOVERNMENTAL SUBDIVISION
WILL CONTROL.
12.5 Severability. Whenever possible, each provision of this Agreement will be interpreted
to be effective and valid under applicable law; but if any provision is found to be invalid, illegal or
unenforceable, then such provision or portion thereof will be modified to the extent necessary to render it
legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid;,
illegal or unenforceable provision. if it is not possible to modify the provision to render it legal, valid
and enforceable, then the provision will be severed from the rest of the Agreement and ignored. The
invalidity, illegality or unenforceability of any provision will not affect the validity, legality or
enforceability of any other provision of this Agreement, which will remain valid and binding.
12.6 Delays. Hart is not responsible for failure to fulfill its obligations when due to causes
beyond its reasonable control, including the failure of third parties to timely provide Software,
Equipment, materials or labor contemplated herein. Hart will notify Client in writing of any such delay,
and the time for Hart's performance will be extended for a period corresponding to the delay. Hart and
Client will determine alternative procedures to minimize delays.
12.7 Force Maieure. "Force Majeure" means a delay encountered by a party in the
performance of its obligations under this Agreement which is caused by an event beyond the reasonable
control of the party, but does not include any delays in the payment of monies due by either party.
Without limiting the generality of the foregoing, "Force Majeure" will include but is not restricted to the
following types of events: acts of God or public enemy; acts of governmental or regulatory authorities
(other than, with respect to Client's performance, the Client and its governing entities); fires, floods,
epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor
disputes. if any event constituting Force Majeure occurs, the affected party shall notify the other party in
writing, disclosing the estimated length of the delay, and the cause of the delay. If a Force Majeure
Page 13 of 16
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Pg � u-1
occurs, the affected patty will not be deemed to have violated its obligations under this Agreement, and
time for performance of any obligations of that party will be extended by a period of time necessary to
overcome the effects of the Force Majeure.
12.5 Compliance with Laws. Client and Hart shall comply with all federal, state and local
laws in the performance of this Agreement, including those governing use of the Equipment and
Software. Equipment and Software provided under this Agreement may be subject to U.S. and other
government export control regulations. Client shall not export or re-export any Equipment or Software.
12.9 Assignments. Hart may assign this Agreement or its interest in any Equipment or
Software, or may assign the right to receive payments, without Client's consent. Any such assignment,
however, will not change the obligations of Hart to Client that are outstanding at the time of assignment.
Client will be notified in writing if Hart makes an assignment of this Agreement. Client shall not assign
this Agreement without the express written consent of Hart, such consent not to be unreasonably
withheld. In the event of any permitted assignment of this Agreement, the assignee shall'assume the
liabilities and responsibilities of the assignor, in writing.
12.10 Independent Contractors. Client and Hart are independent contractors and are not
agents or partners of each other. Hart's employees, agents and subcontractors will not he entitled to any
privileges or benefits of Client employment. Client's employees, agents and contractors will not be
entitled to any privileges or benefits of Hart employment.
12.11 Notices. Any notice required or permitted to be given under this Agreement by one
party to the other must be in writing and shall be given and deemed to have been given immediately if
delivered in person to the address set forth on the Signature Page for the party to whom the notice is
given, or on the fifth business day following mailing if placed in the United States Mail, postage prepaid,
by registered or certified mail with return receipt requested, addressed to the party at their address set
forth on the Signature Page. Each party may change its address for notice by giving written notice orthe
change to the other party.
12.12 Trademarks. eSlateTm, c9late 3000TH, Judges Booth ControlWrm, JBC1000T'",
Disabled Access UnitTM, DAU5000TA4, Mobile Ballot BoxTM, Ballot Origination Software SystemTM,
BOSSTM, Tally m, and Ballot NowTm are trademarks of Hart.
13. Definitions.
"Agreement" has the meaning set forth on the Signature Page.
"Anniversary Date" means each anniversary of the Effective Date.
"Annual Fee" means the combined annual license, sublicense, support and maintenance fees
payable by Client to Hart as described in Section 4.
"Client" has the meaning set forth on the Signature Page.
"Confidential and Proprietary Information" means Software, firmware, diagnostics,
documentation (including operating manuals, user documentation and environmental specifications),
designs and configurations of Equipment, Software and firmware, trade secrets and related
documentation, and any other information confidential to Hart or its suppliers or licensors.
Page 14 of 16
CONFIDENTIAL
VOA. =<-- P(�, ��
"DAU" means the Disabled Access Unit (DAU5000) created by Hart as an add-on component to
an eSlate that facilitates the performance of voting activities by disabled voters, for example, by
providing an audio ballot presentation and/or accepting inputs from specialized switch mechanisms, such
as head switches, breath switches, and panel switches, that facilitate interaction with disabled voters, as
needed.
"Effective Date" has the meaning set forth in the Signature Page and indicates the date this
Agreement becomes effective.
"Equipment" means the eSlate Hardware and Non -Hart Equipment.
"eSlate" means the eSlate 3000 created by Hart and consisting of hardware including an
electronically -configurable, network -capable voting station that permits a voter to cast votes by direct
interaction, which voting station in its present configuration created by Hart comprises an electronically
configurable liquid crystal display (LCD) panel for use in displaying ballot images, a rotary input device
for use in ballot navigation, and various buttons that facilitate voter options for selecting ballot choices
and casting a ballot.
"eSlate Agreement" means the agreement, between Client and Hart or Hart's authorized
distributor of eSlate Hardware, under which Client has purchased the eSlate Hardware. The eSlate
Agreement is identified on the Signature Page.
"eSlate Electronic Voting System" means the Equipment and the Software.
"eSlate hardware" means the eSlate units, JBC units, and DAU units purchased by Client
pursuant to the eSlate Agreement. '
"Force Majeure" has the meaning set forth in Section 12.7.
"Hart" means Hart InterCivic, Inc., a Texas corporation.
"Hart Proprietary Software" means the run-time executable code and associated support files
of the Ballot Origination Software System Software (BOSS), Tally Software, Ballot Now Software,
computer code and software resident in the eSlate Hardware and other support software utilities as
specified on Schedule B, consisting of computer programs and computer code owned by Hart that are
licensed to Client pursuant to this Agreement, and all updates, upgrades, versions, new releases,
derivatives, revisions, corrections, improvements, rewrites, bug fixes, enhancements and other
modifications, including any custom modifications, to such computer programs and code which are
provided to Client, and all copies of the foregoing. Hart Proprietary Software also includes all
documentation provided by Hart to Client with respect to these computer programs and code and all
copies of the foregoing.
"Initial Annual Fee" means the first Annual Fee, in the amount specified as the "initial Annual
Fee" on Schedule D, which is payable upon execution of this Agreement.
"Installation Date" means, with respect to eSlate Hardware, the date of delivery to Client and,
with respect to Hart Proprietary Software, the date Hart completes delivery and installation of the Hart
Proprietary Software.
Page 15 of 16
CONFIDENTIAL
"JBC" means the Judge's Booth Controller (JBC1000) created by Hart which is a local area
network controller capable of interacting with one or more eSlate devices or DAU devices by
transmitting and receiving signals that manage or control an election, e.g., by opening and closing the
polls, providing or recording an audit trail of system events during an election, storing cast ballot data,
and applying data security and integrity algorithms.
"Non -Hart Equipment" means the equipment, if any, not consisting of eSlate Hardware which
was sold to Client by Hart or Hart's distributor for use with, and in connection with the sale of, the eSlate
Hardware.
"Non -Hart Software" means the run-time executable code and associated support files of
computer programs owned by third parties that are identified on Schedule C and sublicensed by Hart to
Client pursuant to this Agreement or licensed directly by the third party licensor to Client, and all
updates, upgrades, versions, new releases, derivatives, revisions, corrections, improvements, rewrites,
bug fixes, enhancements and other modifications to such computer programs and code which are
provided to Client, and all copies of the foregoing. Non -Hart Software also includes all documentation
provided to Client with respect to these computer programs, and all copies of the foregoing.
"Software" means the Hart Proprietary Software and Non -Hart Software.
"sublicensed Software" means Non -Hart Software that is identified on Schedule C as being
sublicensed by Hart to Client pursuant to this Agreement.
(The rest of this page is intentionally left blank.)
Page 16 of 16
CONFIDENTIAL 7
Vol. o� ,-5_7— Pg ✓`—
SCHEDULE A
SUPPORT CONTACT INFORMATION
The following contact information is to be used by Client for submitting Software Maintenance Service
requests to Hart:
Client Support Center: 1 -800 -750 -HART (4278)
Client Support Center Fax: 1-800-396-HART(4278)
e-mail address: hartsupportOa hartic.com
Hart InterCivic, Inc. Switchboard: 1 -800 -223 -HART (4278)
Client Support Manager, 13a r� a VJL r�
The following contact information is to be used by Hart for contacting Client on Software Maintenance
Service requests:
Primary Client Contact Point ("CCP"): 1 ,-a xp
First Alternate CCP:
Page 1 of I
CONFIDENTIAL --- --
Vol.
A
SCHEDULE B
HART PROPRIETARY SOFTWARE
DESCRIPTION
NUMBER OF USERS
BOSS - Ballot Origination Software System
1
Tall - Tabulation Software
1
Ballot Now - Absentee -by -Mail Software
1
Licensed Location: Brazos County, Texas
NOTE: Hart and Client will update this Schedule as appropriate if Hart releases new Hart
Proprietary Software that is made available to Client under this Agreement.
Page I of 1
CONFIDENTIAL ---- -
Vol. �Z7 Pg ✓'�3
SCHEDULE C
NON -HART SOFTWARE
Non -Hart Software Sublicensed to Client:
DESCRIPTION
I NUMBER OF USERS
Sybase Embedded Runtime Database Engine
3
NOTE: Hart and Client will update this Schedule as appropriate if Hart provides new or
different Non -Hart Software to Client underthis Agreement.
Page 1 of 1
CONFIDENTIAL
SCHEDULE D
INITIAL ANNUAL FEE
Initial Annual Fee of $40,600 is included in Total Purchase Price.
Page 1 of I
CONFIDENTIAL
Full Service Agreement
Shaded areas for In-house use anty
dahill
Ax Cy,{pr
OrderDate
Cu;tomer No
.Lease
j
SeMEe L&W
:BIII
Name: BRAZOS COUNTY (RESPECTIVE OFFICE)
"'BRAZOS COUNTY
Address:
Address'200 South Texas Avenue, Suite 352
City/State/zip/County
City/State/Zip/Coufty Bryan, TX 77803 / Brazos
Contact: Phone;
c" Leslie Contreras
I phone. 979-361-4294
Hours of Operation: Email address: —Jrnall
address: Icontreras@brazoscountytx.gov
S"convspon !"j ichedulas(s) for Included equipmemt
SPECIAL INSTRUCTIONS:
Deal 66874. NO ANNUAL INCREASE. BILL OVERAGES ANNUALLY. STOLE&"
INCLUDED; CANCEL EXISTING MAINTENANCE AGREEMENT.
PROGRAM 1PRiCINil3v Ind6d6'4ll'i6
ce Ond Id spppper.4n-4%40j*j ed
Pipsu�"! excluded
dwi—poo'i?I Ledjq�qpa"h �Ie
TOTAL ki�T Unlfrn�lt,4 41W � Divlo�ku44dled
Allowance
a User
1# Woricgroup F9
a/w 250,500 On $0.008
Color 15,000 ovg $0.04
iAe-e1VoiIiV (jWi�!Ke r/l a
Allowance
Single User Workiproup
51W ovg
Color Ovg
Allowance
Cot" ()Vg
".-I"
Aflawance OVg Rate Option I I )er shipment
"p
B/W Optlon2 M M0 Annual in Advwm
r n Advance
1-4 unit's 50.00
0
uarrce 0s� 5-10 units $12.95 $100.00
MICA U 0000
21+ Units $19,95 $1200.00
PROG❑ RAM MONTHLY BASE:
Term:_ Monthly Service Rate: Included In Lease Agreement BIllableMonthly $ 1,865.00
W'RbVAL_ signing.,
all , ! ....
ib wrean onrey of ay.sr"
CusWffl Ign i., q:0
Account Manalgen
Louis R. Hernandez
Date: 10il2li . 5
I
Thie; j
D ti:!
Credit Apprwal Signature:
Date:
Dahill Acceptance
10/is
Vol,
Pg'
FULL SERWCEAGREEMEfdT-TERMS AND CONDITIONS
rebiso DoWmmf to ndapace'andyouryouend e. Thew.Thewydanif m1m' this refer lo DeMI, The woA'padw' antra lo you end ue. The Wrxd 'AgrcemenY mrem b ants
Ma6dmmoa Agmarnant The wrd'Supplter rebs to tie salter of the Equlpna t. The ward
'Equlpmanr neem Its the EoMmtidentltad dam or In E*bit A and wW Is casmd by this
Agmoment The w 1'LmxW or'luMm Apeamon? mdem to a lease owl you hes Wih a Nm
pmy(ora lease a RenN Age wt bout you have Wb m pmfded a tspaate Laesear Rmtal
Apmemenl is emmmd haNveen)m ate ua). TMs Agmment h wRfin In plain English. Every
alrempt has bum made to elmha s conruang lannolps and cresta a simple, ensydotaad
domun a
1. Apna entfarSwtsa TNSAIpanmtLsforffmmemerw wdmMmol7o Equlpmml.
7N9 is not an egmemlmrtteloesa arfaDe pmfiase a to EgJpmurl Wer agree bmaimabl
and torsos Ve Equipment and yor agora b pay ua fix that "bulanwrt and Waft. Units
abwWw pofded hash, anh Ap emote Isrootra:dlebla This AgmmroN eppHeeoNy title
swvitofEgWpmtrotwAmm.
2 SsMre Guarmll" TWO Agrenmurt dam nal Induds try gut IM trusts staled m to
hod page d ri s Agmmam. If a swum Guarantee Is Feuded In tris A"Druml, It Draft Wily
only HEa EquiPmant Is opaaad uitltln 1110 btuWng pddetnm: (a) he EgdpmeN Is used In a
dho mnbaied anvlmnmen end ties firm etottshe dull and anmonVa fumes; &I de
Fguip witls used and operated anmrdhg lo tre (c) de Equipment
Is operated WNn ase speffm wi msNd volume IMUIDM; (d) arty supplies bel meal the
memsWurds mww apaMttlans am used; and (a) the Equipment b operated m an iscbbd
ebmlca gno. We guamteo to perfom son(® In a good and woriuman&e manna. TNs
parepeph conum tle only Famntms we mile.
3. CanmmenmaM dApraanmL This Agmmwlbw mwNulxeex Imbyw.and
au mutual eblga&ns comments whm Ce EWpmml Is dolyrema to you, Waled, and
datmNred by you to be in good w Wq owWtm. The Equipment W0 be considered In paod
worMng co didon unless yw noty w In wdpng wbin tae (J) Banda doya hen the data of
dahoyUsyou do not "I ft Eguipmant dust you wM torolu, if ate you spotty tre dead
or mdfwcdm.
C Tum;Autoeatic Rmawal. The'Ntal Term' of Ns Apewment is fore period equal Is ane
Name of my Leese Agreement that you hese will to EqulananC or for a Awful a Iwmrs (12)
montro N 010 Equipment Is not wiled to alama or to farm of oe lease does not wa eed none
(121mya. UNets You nodyufn wllrp a[ImIsbdy(NI) days borne Doordaane Nilo
MY mnawd arm, dial you Inerd not b meew Na Agan Mt Mm: (a)No Agreement shat
autanatlttyterewfa an o"dorlal mo-yearpmm la'Reuwa TMI AM (b) ane paymenlmd
ober terms aNa Agreement wabmn Inueb appy.
S SoMa Psymmh In maslderaecn for w obllgatkma under Na Agreement. yo+ague to
pay m
swvlco pedud Ise amount laded above ard by tho due date Md beft, M, cor brWou
N yon'. for �mNYIII Maintenance Drum &am: 611 ft applicable Omne Rem for each
metered hop In excess ateapp&ebra mmberorbe Included fmwesdne; IRI my oanamst
for nootvwedAMID, wppte0, and &Kong and delNaiyfass and deems; M) applicable rams
and late bts; (v) and my other derges provided far hemp. You aquas that the mmNy Eats
maahl(s)131") a MWmum Peymanl tel You agma to Pay awn If you do nal male do slated
number of Included ImIsmdarN. You ager bat we may, In our oda distetm, braaaa s the
monNy bass amour*) and Use Owrape Rehr rpndled dew a¢e oatll Year during tle Ned
Tann and orca each per during any Rmaxd Tam, by an arrant m1 to -+quad 3z% per Year.
You agme we may apply my base aM overage payment dmf to any Pw1-0ua armour wed, AN
Payments made unadow tNS Apammul am w4wfmdau
It Pw;Suppilow; Unissa mlhenlu SWW to Supplss comw coda this agmesomt
am lona, PM Nle, asm
d deselopar-lublia6poperagnal covered. All eterpeds end drams
am hMdad, Woes also road for mpboemenl t the wou or your M,= a Daum. TMs
Agreement does nob conte my of 11e ab lnp! (a) damage to oe Equipment wined by mlaua,
negdgmt,orh ordforta ";or 0) mph part netaslWdd byopwaden ofthe Egdpmenl
ouhMe tle seMco guaentea plomtros.
7. lJmlistlaea M SaMna Caaedad Egdpnanl wgl ud towed up rade mrnputerfieMurk
Conrectlon. Serfm ealLspMumdbYmmputafiebmrkpuNmn maybe blWofelowhorWymte.
L Lata Char*. tywdorotpeyelidwMbythedwdateapedfWmminWm,aWhn
30 days from Ne data at On invoice I II does rot spa* a due deb. you epee to pay a late ree
equal to 10%0 tle snood due under the Inver.
a. MobrCoVkd s Yt egre9lo oompiy with aur blllrg procadaaa,hdugrg bat rrw lanHM
to. providhg w W9h many mhtermadhps for aah Equipment Ban. We Wn provide, at no cod
to you, autorno d meter MKfry IaMbhgy that Wl enable eWoma& per(odo mer modngs.
Hwow,, Hyw sal not Is use thb terAtratogy, foreach nm•mtomead mafamad, You agree to
pay S25 pardefm In addtlur Is De pmMfoeuft payment ON
10. SoMnHoun Ou'StuWaidSwvYe Houm'em Mord4.FtWay,B-0Oa.m.-S.Oop,m.bcal
ams. NywmquedswAm IDs wb*Xwdemhmm,BWtbepmfdedw[Mb dghl
harm eRefmCshNgwMnoyt BndWan de(o1loWrg addtl0ma dlwp84ata ante 0F. (e)aeand
onehdw Pmwmngha SuWayere(21meaanepravelFrp IemlYrete BDaftismqueatedb
oonreBerSdD pus.m a SUMayamryflmea ho0da/.
11. Ratottlom lobe arastyw mbrsre ane Equipment mmaMatrsarvlt oma. Wer abet haw
the safe right bi DUN bee6} modes qualified deabr to provide svvW for to Equipment at tie
naxkredm sets come Ibis Agreement
M Default Each of to foluWng Is o'OaadY under Na Apeemort (a) you Tal Is pay pry
Service Payment or my other payment due, under Ns or my other agmaoo ! you here Wb as.
by tle due date Nmmted m myhwke, or (b) you do not pwrem my of your allow ebtga0urs
under NoAgmmant ah myolhaagroommlWh us wW NsNkn,,MJnts Let, (10) days
efser"here roBtled you. Our Moore portal payment does wt wmw a default.
13. Raeadlaa HyouDeauitunderNsApmmsn4wemaydooneamaeadwfatbWrpfN
auspard wrdoe; (b) finish serfs on a C.OD.'porpR basis at wolaMad sDMm mous; (c)
Canter or batPohate BAs Agreement and any or all oder aatsm agnavmatt nal you hang Wm m;
(d) require You, is Ilgddated demepeafor rose of barpdn and Ml as a purely, to pay us, on
demand marry amain past vie and oWrg, and (d) w man ague in ane sun of morning
Senke Payments for tre mesal dar of the Ygtld a Perowd Tam; and (a) eaarlso any after
mmedyewyebto ollax. Youalso egret 6 reyrlrsaeus, urdemad, Lor on masatehle expomaes
of eeormmml ata coroden Inducting, but not IMltad to, m ssmave awmsms' fees, marl
mth,admwe of meectlanJ.
The waste; set forh hereln aaosndets adaa haddW,1,
MY Other rwendma a1wM under lax, and may be mardeed =VIM W/ a separately. Any
(alum orddey Fy ria to doom defadl or b words, any oanen Nhl armed! shoo nor opema
mawarsroferryoterdgNarirbpe dpht. H this Aprenmenetgrmdy poWdes fol, merpmsdy
ladpaatas, wd11en puaranbm,lnthaevenlwedonol tsteyora amoreOtheguaanlom,you
6dermadyttle ranedybrle pJa'9niBB. hie evotl we donottsDA'myodserpmfsbn of
anis Agmemant, ate In to arms We do not outs the deldmry WNn fourteen (1a) days ata
mtVug writennotlt of such daldency, you may. as you a* wady, taut Hes Agreemmf
WHOM anYfirbaoMgetura
11. NOWARRANDFS. OdiabmmywAmguamtaespmv"lnu"4hp=Waphrm
hamfn and tre myglubm eat forth beroln, WE DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR INKED, INCLUDING ANY IMPLIED WARRANTYOF MERCHANTABILITY AND
ANY IMPLIED WARRAMYOFFRNESS FORA PARTICULARPURPOSE.
1S LIMITATIONS OF LIABILITY. WE SHALL NOT BE LIABLE TO YOU FOR ANY
COMEOUENf1A4INCIDENTAL, ORPUNITNEDAMAGESARISINOFROU, OR REIATEDTO,
THIS AGREEMENT YOU ACKNOWLEDGE AND AGREE THAT IN ENTERING INTO THS
AGREEMENT YOU DID NOT RELY ON ANY WRITTEN OR ORAL COMMUNICATIONS,
REPRESENTATIONS, OR GUARANTEES (INCLUDING SLIT NOT LIMITED TO BROCHURES
OR PROPOSALS) NOT EXPRESSLY SET FORTH IN THIS AGREEMENT IN MAIGNG YOUR
DECISION TO ENTER INTO THIS AGREEMENT, YOU AGREE AND REPRESENT THAT YOU
RELIED ONLY ON YOUR OWN INVESTIGATION REGARD NO THIS AGREEMENTS SUBJECT
MATTER AND THE INFORMATION CONTAINED HEREIN.
It MUTUAL INDEMW. THE PARTIES MUTUALLYAC
HOLD HARMLESS THE OTHER PARTY, ITS PARENT
AFFILIATES, DIRECTORS, OFFICERS, AGENTS, R
EMPLOYEES. AND SUCCESSORS ORASSIGNSOHE'Is
LOT. NEGLIGENCE, REPRESENTATION, OR OMISSION CN THE PART OF THE
YING PARTY, IN THE CONDUCT OF IMTHEIR DUTIES OR ANY CONDUCT
THE SCOPE OF ITWHEIR DUTIES. WHICH MAY GIVE RISE TO UABILITY OR
1 LIABILITY ON THE PART OF THE INDEMNIFIED PARTIES.
1T. UNCONDITIONAL OBLIGATION. YOU AGREE THAT YOUR OBLIGATION TO PAY US
UNDER THIS AGREEMENT LS UNCONDITIONAL AND IS INDEPENDENT OFANY LEASE OR
OTHER MAINTENANCE AGREEMENT THATYOU MAY HAVE WITH US ORANYONE ELSE.
16 Na9naa. All nokn ate ebwcamnudcatms dmdad tout as ra" apwmlmd umda
Ns Apmensatl anal be deninad is ham been duty given H made In wfig vie U.S. mel at M
addmn PM*0d m page one offs Agreement
10. At dgnmaet You may nw assign my dgW or obtgadore under Jus Ad awnmi Wbout qua
Ad" Wfba amtsnl We may. Wood your consent and WOW prior noNcotm, assign NW
Agreement, Ce MY dghlarcMlgadon bereaL loa JIM parry.
20. APPOdabia Law; Vmt; JURY WARIER TNS Agmerontahatl Da deamdAdy'exoMed,
Performed, ganmed, endtmhuod In. and under the lama, the St[aofTom. Ywagrentul
Pwhhm WYourPaYmrmlobkatmmileranis P,emmishatbeinSan Anhob,Taxers, and
that to Site of Trams shag has sole peadctlm of elf mama missing to Mh AprearrmL YOU
AND WE HERESY WAIVE OUR RIGHT TOA TRUALBYJURY.
21. Swe"Ily. HmypmvlsmolanhAgmemmllsheldm trces &wcumpmvbionw9
In m00Hlad b mAatte perifos' Nentlm. All mmdmnp poWalont alit ApresmarJ mal mmeln
In Ail forte and etecl
2LA%rperbttagrWon TNsApenaonlmddm NemUmag mentofhepffdmv&mapeei
to ano wgad mater of Its Allurement and supersedes all prior rogote&re, agreements,
rapresenretlore, and mdeslatdrtps Wb rasped damb. This agreement mayoM' be mMNM
byawhen&=Ia nt$WYOranrdmdbyanepanes.
21Elbwdmin CaunWpaft This Agreement maybewmurNd In marmanheramunlerpah,
each W wWch diel bo dawwd b M m atgha and alof *Wch bgeMwman bo dwnod to be
ane end tle same hshmant
24L EAdAgmomrA
10/15 VII. Z Pg�-__LS% --�
M --
CUSTOMER NAME%
3RAZOS COUNTY
Model
_
Xerox 5B75APT-Health Dept.
EX9283758
I G2922
Xerox 5855APT2a033t[)Wf tCourt
EX7004111
FH4423
Xerox 5855APTJu nlle Academy
J
EX7004024
H4424
XeroxWC5330PT-&poComplex
/
AE9894305
H4425
Xerox VX6335PT-VateranSeMcss
AE9897521
H4426
Xerox 5855APT-Tax Office
EX7004142
H4427
Xerox WC5330PT-CCL#1
AE9894664
H4428
_ XeroxVWC5330Pf-Treasurers Office
AE9895791
H4429
Xerox Nl7MP2-Comm. court admin
'MX0134900
H4432
Xerox 5875APT-DA's Office
EX9287104
H4434
- Xemx5875APT2Juvenile DetenBm
EX9287069
H4435
Xerox 5875APT.Juvenila Admin
EX921708
H4436
- Xemx5875APT-HumanResouroes
E 99287005
H4437
_ Xe MFP36=-Iofb.WbnTe .I.,
B1570674
H4440
Xerox W7845PT-Ag Extension
MX4329504
H4443
Xerox W7845PT-Road $ Bridge
MX4329724
H4444
Xerox 5955APT2-Auditors C ca
Nmmeys ol&e
5955APT2-Fleet Services
Xerox 5955APT2-JP Pct. 3
U 607
T//FfE /6 oev�ce r sr�e� 6.0 c�r.tcur�
fFL�-�ME� iA-f%O CO�✓Tr.�tnt ?'6 B� C�UEit-C?� t'r'.�O C!C.
Nom'.✓ i,-v+zr✓ �-��cC' .gc�cc-��..r,-_
aay.9/14
VOA. _ 02 % pq
CUSTOMER NAME.
BRAZOS COUNTY - SCHEDULE A (CONTINUED) P
Model Serial No.
Equip ID Start Meter
Xerox 5875APT2Jail Records
Xerox 5875APT2Jail Admin
H-,
Xerox 5875APT2-Collections
Xerox 5875APT2-Braz6s Center
7
Aerox 5876Ar i 2-jaa eooang
3 s
Xerox 5875APT2-Constable Pct 2
Xerox W7e55PT2-85th District Court
*Additional Equipment list on Table A
Special instructions;
G o /r E, --/7s fit,'// N� f ofQ/r v� �_.0 t f� I ✓mow,, 1� ��
-1 A".9/14
METER COLLECTION PROGRAM
CHOOSE YOUR PLAN
A Xerox Company
❑ Current DAHILL 360`Customer
OPTION ONE
INSTALL DAHILL 3600APP
NETWORKED DEVICES
• Automatic Meter Reporting for
Networked Devices`
• Ensures Automated and Accurate Billing
• Provides Meter Validation
• High-volume devices may qualify for on -hand
toner replenishment
• Automated Toner Replenishment included
for contracted Dahill devices"
• Low toner alerts sent to Dahill Supply Team
for automatic processing and shipping
NON -NETWORKED DEVICES
• Detailed meter collection email sent 10 days
prior to billing
• Reminder emails sent daily until meters are
received
• Simply click the link provided to enter your
meters quickly and securely
• Hassle free meter collection
• Ensures automated and accurate billing
*Includes Dahill contracted, networked devices only
"Same models & manufacturers excluded
COMPANY NAME
BRAZOS COUNTY
ADDRESS
200 SOUTH TEXAS AVENUE, SUITE 352
BRYAN, TX 77803
CUSTOMER -ACCEPTANCE
❑ OPTION TWO
AUTOMATED REMINDERS
WITH WEB LINK
• Detailed meter collection email sent 10 days
prior to billing
• Reminder emails sent daily until meters are
received
• Simply click the link provided to enter your
meters quickly and securely
• Hassle free meter collection
• Ensures automated and accurate billing
For OPTION ONE 360°APP
360 Install Contact
PHONE
EMAIL
TITLE
MAIN POINT OF CONTACT
PHONE
EMAIL
TITLE
Voi,a� pg,._ C _.
Pc,4 U
r Name:
COUNTY
20o sours TEXAS AVENUE, SUITE 352, BRYAN, TX 77803
Model EquIpID I Meter Point of Contact Phone Email
Jail -Admin /�39�sr I
Laura
Cook
979-361-4997 (cook@brozoscountyhr.gov
- Jail -Records t34AY7
Laura
Cook
979-361-4997 Icook@brazoscountytx.gov
Jail -Booking h -39,f6
Laura
Cook
979-361-4997 Icook@brazoscountytx.gov
Auditor Jk3vsy IBeverly MurphI979-361-43501bmurph@brazoscountytx.gov
Location: 979-361-435OIbmurph@brazoscountytx.gov
Equip ID*Stephanie
ct Phone Email
JP 3-HIII k3�,a-zIS 979-693-2695 blewls@brazoscountytx.gov
CounryAttorney ��3�5-g%aZ 979-361 4393 tdiaz@brazoscountytx.gov
Brazos Center��3t re 979-776-8338 rhare@brazoscounW.gov
Constable 2 ndt 979-361 4477 swendt@brazoscountytx.gov
Location:
Model
Equip to Meter Point of Contact
Phone
Email
Fleet MAINTENANCE
Gail Davis
979-361-1880
gdavis@brazcscountytx.gov
Collections
Tanya Skinner
979-361-4297
tskinner@brazoscountytx.gov
85th District Court
Sophia Chapman
979-361-4270
schapman@brazoscoun)*.gov
Vol. _� 2 f Pg,
® SERVICE CONTRACT
BRAZOS COUNTY PURCHASING DEPT.
Brazos County Courthouse
200 S. Texas Ave., Ste. 352 IQ Request No. 2016 -XX
Bryan, Texas 77803 Reference IQ N 2015-53
Telephone (979) 361-4294 Page 1 of 7 Pages
GENERAL REQUIREMENT FOR CONTRACT
I, William E. Stall as a duly authorized representative of Dahill Office Technolovv
Corporation "Contractor" willingly attest to perform (or deliver) as per "Maintenance Agreement'
for Brazos County. I ftirther agree to all of the provisions and specifications contained in this contract.
MAINTENANCE/SERVICE AGREED TO
Contractor agrees to provide maintenance and service on Brazos County owned copiers listed in Exhibit
"A" and Exhibit `B". Contractor agrees to provide service in a timely manner with no less than a four
(4) hour response time. Maintenance will be performed during business hours in accordance with the
location of the department where the copier is located. Business hours may vary depending on the
® location of the copier.
For all maintenance or service required on any of the listed copiers, it is required that only original
equipment manufacturer (OEM) parts be used for replacement of parts.
El
Toner and staples will be provided by the Contractor for the life of this contract to include any future
renewals or extensions.
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.
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.
E
..,-� 7 Pg,._C� -_.
SOQ Continuation Sheet IQ Request No. 201553
BRAZOS COUNTY, TEXAS Page 2 of 7 Pages
1 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.
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,
0 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.
PRICING
Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on
the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or
subsequent qualifications will be honored during the course of the contract. All prices must be
written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
I
SOQ Continuation Sheet IQ Request No. 2615.53
BRAZOS COUNTY, TEXAS Page 3 of 7 Pages
prepaid by the contractor and included in the bid prices, If there are any additional charges of any kind,
other than those mentioned above, specified or unspecified, offeror 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 wilt be furnished upon written
request to Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of interpretation of any part
of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between
the terms, conditions, provisions, and specifications of this document and any other terms, conditions,
provisions, and specifications provided by the Contractor; the terms of this document shall supersede.
GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing
Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all
applicable federal, state and local laws and regulations. Offeror is further advised that these
® requirements shalt 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.
N
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 Imbalanced 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.
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.
Vol. o2,27 Pg. C�
SOQ Continuation Sheet IQ Request No. 2015-53
BRAZOS COUNTY, TEXAS Page 4 of 7 Pages
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only the best commercial practice is
to prevail and that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement. The items furnished under
this contract shall be new, unused of the latest product in production to commercial trade and shall be of
the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be
experienced in design and construction of such items and shall be an established supplier of the item bid.
TERMINATION
Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms
therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of
bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which
Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to
deliver the proper goods and/or services within the proper amount of time, and/or to properly perform
any and all services required to Brazos County's satisfaction and/or to meet all other obligations and
requirements. Brazos County may terminate the contract without cause upon thirty (30) days written
notice.
POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
CONTRACTOR'SINSURANCE
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)
$1000,000. 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 limits for bodily injury and for property damages
of not less than $2,000,000 aggregate, 1,000,000 each occurrence with Brazos County named as
an additional insured.. 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.
(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 dam prior written notice has
SOQ Continuation Sheet
BRAZOS COUNTY, TEXAS
been given to Brazos County
IQ Request No. 2015-53
Page 5 of 7 Pages
LIMITATIONS
The parties are aware that there are constitutional and statutory limitations on the authority of Brazos
County to enter into certain terms and conditions of the Agreement, including, but not limited to,
authorizations of the placement of liens on Brazos County property; disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of
legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting
control of litigation or settlement to another party; liability for acts or omissions of third parties;
payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the
"Limitations"). Any Agreement terms and conditions related to the Limitations will not be binding on
Brazos County except to the extent authorized by the laws and Constitution of the State of Texas.
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 incutred by the Contractor.
SOVEREIGN IMMUNITY
The parties understand that Brazos County does not waive or relinquish any immunity or defense on
10 behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement
and the performance of the covenants contained herein. Further, Brazos County is not responsible for
any civil liability that arises from any act or omission made within the course and scope of this
Agreement. The Parties understand and agree that Brazos County does not assume civil liability under
any theory of law for the actions of the Contractor in providing services hereunder.
E
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
CONTRACTOR:
Sates Contact Name: Phone Number: Billing Info:
Louis Hernandez (9791774-2200-K60105 PO Box 314 San Antonio TX 78292
E
�� . !'g. f
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I
SOQ Continuation Sbeel
BRAZOS COUNTY, TEXAS
IQ Request No. 2015-53
Page 6 of 7 Pages
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.
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 Contactor 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.
Vol, _ _ pg— %
SOQ Continuation Sheet IQ Request No. 20 t5-53
BRAZOS COUNTY, TEXAS Page 7 or 7 Pages
INDEMNIFICATION
The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attorney's
fees expenses brought for or on account of any injuries or damages received or sustained by any person
or persons or property, by or from the said Contractor or his employees or by or in consequence of any
negligence in safeguarding the work, or through the use of unacceptable materials in construction of the
work, or by or on account of any act of omission, the Worker Compensation Law or any other law,
ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his
contract as shall be considered necessary by Brazos County may be retained for the use of Brazos
County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim
or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that
effect famished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County,
its officers, agents and employees in accordance with this indemnification clause regardless of whether
the injury or damage is caused in part by Brazos County, its officers, agents or employees.
The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not
been prepared in collusion with any other Proposer, and that the contents of this proposal have not been
communicated to any other Proposer prior to the official opening of this proposal. The signatory also
agrees to all provisions and specifications of this contract.
Signed By: j t L unt ( Title: Manager, Public Sector
Typed Name: William E. Stall
Company Name: Dahill Office Technology Corporation Phone No. (210)805-8200 x10122
Email Address: bstallaa dahill.com
Mailing Address: 8200 IH 10 West Ste. 400 San Antonio TX 78230
P. O. Box or Street City State Zip
Employer Identification Number: 58-2481442
Approved by Commissioner's Court on this day of 2015 by
holding the position of
Vol. _� p9•._��
EXHIBIT "A"
2015-53 Copiers for FY 2016
Brazos County is soliciting quotations for the lease, purchase and maintenance of eleven
(11) copiers for different County Departments. Fill out "Solicitation of Quotes" form and
hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave..
Suite 352: Bryan, TX 77803 in a sealed envelope clearly marked "IQ 2015-53, Copiers".
Quotes must be received by the Brazos County Purchasing Department by 2:00P.m.,
Wednesday, May 5, 2015 or they will not be considered. Brazos County will not accept any
pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other
person or department other than previously specified, will not be considered responsive.
A. HISTORY:
In fiscal years 2014 and 2015, the Brazos County Purchasing Department requested quotes for
new copiers and evaluated whether the purchase of copiers or the lease of copiers would be best
for Brazos County. In the evaluation process Brazos County decided to start purchasing copiers.
Brazos County once again wants to evaluate the lease of copiers vs. the purchase of copiers.
B. SPECIFICATIONS:
Brazos County has the right to award the following list of copiers to one vendor
or split the copiers up between several vendors depending on what the best value
is for Brazos County. Brazos County may choose to purchase all, some or none
of the copiers listed.
2. Each copier being replaced will be replaced only after the term is completed in
order to fulfill the lease agreements Brazos County previously entered into.
Brazos County will potentially purchase nine (9) copiers in October 2015, one (1)
copier in December 2015 and one (1) copier in July 2016 but is not guaranteed.
3. Vendor shall quote the purchase cost of each copier listed in Exhibit "B".
Purchase price of each copier quoted shall include any freight or delivery cost that
may be involved to get the copier to the designated location. Vendor is required
to describe the warranty offered for each copier quoted. Vendor may also submit
any warranty information to help Brazos County to evaluate the options.
4. Vendor must quote a monthly maintenance cost that shall include toner, staples,
parts and tabor.
Vendor must quote the lease cost of cath copier listed in Exhibit "B". The lease
cost shall include maintenance, training, toner, staples, parts and labor.
6. Please include information attached to this sheet about the technical service that
vendor can provide to include the number of technicians that will be available to
service Brazos County, location or area that technicians will service, the response
time of service, time it takes for delivery of toner once order is placed, etc. If this
GxhibitA Vol. �°? 1 g
information is not provided with quote, vendor may not be considered for the
award of this contract.
7. Vendor must sign the attached "Brazos County Service Contract" and
submit it with the quotes. Vendor is also required to provide an example of
the maintenance agreement that Brazos County would be required to sign
for the maintenance of the copiers. If either of these documents are not
submitted with the quote, vendor will not be considered for award of this
contract.
8. All quotes submitted by vendor shalt be for brand new equipment. Certified used
equipment or refurbished equipment will NOT be accepted. For all maintenance
or service required on any purchased copiers, it is required that only original
equipment manufacturer (OEM) parts be used for replacement of parts.
9. All quotes given will include training, moving of machines, and service or
information calls as needed during the term of the service contract.
10. All quotes provided to Brazos County shall be good through September 30, 2016.
The purchase months are provided in Exhibit "B".
11. Vendor shall quote an estimated cost for the return of the leased copiers. The
quoted cost for the return of the copiers will be considered an estimated cost for
the shipping of copiers to a designated location when the time comes. The
designated location will not be available for the vendor until 30 days prior to the
end of the lease. If vendor docs not quote the estimated cost for the return of
leased copiers; vendor may not be considered for award of the contracts. If the
cost for the return of the leased copiers can be done at no cost to Brazos County,
vendor can put $0.00 in the spaces provided. If this section is left blank it will be
assumed that the shipment of the old ieased copiers is free.
12. It will be the awarded vendor's responsibility to set up, coordinate and supervise
all copier returns and shipments. This includes, making sure the returns have
been made in a timely manner with no damage to the copiers. Insurance will be
required on each copier during shipping. If any copiers are damaged or arrive at
their destination with missing parts, it will be the responsibility of the awarded
vendor to take care of the costs incurred for that damage.
13. Brazos County is willing to take suggestions if any can be given to save Brazos
County money on these machines with the exception of the sneed of each
machine. The speed of the machines will remain the same. Please call Leslie
Contreras at 979-361-4294 if you have any questions.
H. All quotes will need to be acquired using state contract or approved
purchasing coop (DIR, HGAC, TXMAS, PSA, Buy Board, US Communities
or TCPN). Vendor is required to use one of these contracts listed or will not
be considered for award. If vendor is a part of a different purchasing coop
or contract that is not listed it is required of the vendor to contact the Brazos
County Purchasing Department and speak with the Purchasing Agent,
Charles Wendt or the Assistant Purchasing Agent, Leslie Contreras for
Exhibit A
Pane 2 of 5 Vol
__17
approval of that contract. Vendor shall list the contract number and name of
contract in order for the Brazos County Purchasing Department to confirm
the quotes are on a valid contract that is approved by Brazos County.
Vendor will NOT be considered for award of any contracts or Purchases if
not on one of these approved contracts.
C. AWARD
The award shall be based on, but not necessarily limited to, the following factors:
a. Cost
b. Special needs and requirements of Brazos County
C. Timeliness of service
d. Location of Vendor and service technicians
C. Vendor's past performance record with Brazos County
2. Although the cost of products to be provided is an essential part of the award,
Brazos County is not obligated to award a contract on the sole basis of cost but
will award to vendor considered to be the best value for Brazos County.
D. INSURANCE REOUIREMFNTS
The Bidder shall instruct his insurance agent or carrier to furnish to the County a
Certificate of Insurance attesting to the issuance of the following parts of this
section. Please note that such Certificates of Insurance and any required bonds
must be issued and then approved by Brazos County Risk Management. The
Certificate of Insurance must be approved by Risk Management before any
deliveries can be made.
2. The Bidder shall furnish and keep in full force the following insurance during the
term of this Contract:
3. Statutory Workmen's Compensation and $1,000,000 Employer's Liability
Insurance with waiver of subrogation.
4. General Liability with limits for bodily injury and for property damages of not
less than $2,000,000 aggregate, $1,000,000 each occurrence with Brazos County
named as an additional insured.
Comprehensive Automotive Liability with $1,000,000 CSL for Bodily Injury and
Property Damage Liability.
6. Cargo Insurance to sufficiently cover materials transported.
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.
Brazos County is soliciting quotations for the lease, purchase and maintenance of eleven
(I1) copiers for different County Departments. Fill out "Solicitation of Quotes" form and
hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave.,
Exhibit A V fl.�.2
Paaa 2 of 5
Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "IQ 2015-53, Copiers".
®
Quotes must be received by the Brazos County Purchasing Department by 2:00n.m,
Wednesday, May 5, 2015 or they will not be considered, Brazos County will not accept any
pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other
person or department other than previously specified, will not be considered responsive.
L r
IQ must be signed by an authorized representative of the vendor to show that the
conditions above are clearly understood.
E. QUOTATION FOR PURCHASE OF COPIERS -See following pages for recommended models"
l'LR yU.U9
From Brazos County's approval of the contract and purchase order submittal to the
vendor,purchased copiers will be delivered in 7.10 days.
Vendor's office location: 2700 Earl Rudder Freeway South Ste. 2600, College Station, TX 77845
Location of service technicians: 4616 W. Howard Lane Ste. 950, Austin TX 78728
0 Number of technicians: 4 Technicians Assigned to Brazos County
Exhibit A Vol. � � % Py / ,�
Page 4 of 5 - -
Cost per
Cost for
Copier
Cost for
Maintenance
Overage
Month if
return of
Department
being
Purchase of
Cost/Month
cost per
Copier is
Previously
Replaced
Copier
Image
Leased
Leased
Copier
Auditors
I Ricoh MP
6001
$5,505.90
$40.00
$0.005
$147.92
$0.00
County
Ricoh MP
Attorney's
6001
Office
$7,209.49
$40.00
$0.004
$181.31
$0.00
Constable
Canon IR
Pct.2
25351
$5,377.69
$12.50
$0.005
$117.90
$0.00
Fleet Services
N/A
$5,377.69
$10.00
$0.005
$115.40
N/A
Ricoh MP
JP Pct. 3
2851 SP
1$5,377.69
$25.00
$0.005
$130.40
$0.00
Ricoh MP
Jail Admin
5001 SP
$7,209.49
$120.00
$0.004
$261.31
$0.00
Ricoh MP
Jail Records
5001 SP
$6,930.00
$120.00
$0.004
$255.83
0.00
Ricoh MP
Jail Booking
5001 SP
$6,930.00
$120.00
$0.004
$255.83
$0.00
Brazos
Ricoh Afcio
Center
3025 SP
$6,930.00
$12.00
$0.004
$147.83
$0.00
Collections
Ricoh MP
3351 SP
$6,930.00
$20.00
$0.004
$155.83
$0.00
Syr District
Ricoh MPC
6fW $0.008
Cour
2051 SP
$11,260.26
$128.00
$348.70
$0.00
l'LR yU.U9
From Brazos County's approval of the contract and purchase order submittal to the
vendor,purchased copiers will be delivered in 7.10 days.
Vendor's office location: 2700 Earl Rudder Freeway South Ste. 2600, College Station, TX 77845
Location of service technicians: 4616 W. Howard Lane Ste. 950, Austin TX 78728
0 Number of technicians: 4 Technicians Assigned to Brazos County
Exhibit A Vol. � � % Py / ,�
Page 4 of 5 - -
Name of sales representative: Louis Hernandez
® Contact phone number for sales representative: (979)774-2200 x60105
Brazos County is willing to explore a multi-year maintenance agreement. Please provide
details of your maintenance agreement and how it would benefit Brazos County.
F. SUBMITTAL REQUIREMENTS CHECK LIST
Please have the following in your submittal package:
1. Exhibit "A" completely filled out and signed by an authorized representative.
2. Service Contract signed by an authorized representative.
3. State or Cooperative Contract Information.
4. Insurance
5. Vendor's maintenance contract
6. Warranty Information for copiers being quoted
7. Maintenance agreement information: single year, multi-year, holding of
pricing for,_ years, etc.
G. CERTIFICATION OF IO
The undersigned affirms that they are duly authorized to execute this contract, that this
® bid has not been prepared in collusion with any other vendor, and that the contents of this
bid have not been communicated to any other vendor prior to the official opening of this
bid. Q�
SIGNED BY: (( j LOL'E,
TYPED NAME: William E. Stall TITLE: Manager, Public Sector
COMPANY NAME: Dahill Office Technology Corporation
PHONE: (2110)805-8200x-10122
MAILING ADDRESS: 8200 IH 10 West Ste. 400
P.O. Box or Street
San Antonio TX 78230
City TX Zip
EMAIL ADDRESS: bstall@dahill.com
VENDOR TAX IDENTIFICATION NUMBER: 58-2481442
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
END OF IQ REQUEST NO. 2015-53
Exhibit A7
Page 5 of 5 [Vol. ( Pg, /�/
IZ
BUILDING ABATEMENT
DEMOLITION COMPANY, INC.
October 9, 2015
Reference: Asbestos Abatement and Demolition Phase 5
@ The Brazos County Courthouse 2nd $ 3 d Floors
In accordance with your request BAD Company, Inc, is pleased to submit this proposal to
furnish labor, equipment and materials for Asbestos Abatement of the above project.
SCOPE OF WORK:
• Removal and proper disposal of Asbestos containing plaster ceilings, flooring -
mastics, vapor barrier, pipe and duct insulation.
• Demolition of Non -Asbestos containing lay in and 12" x 12" spline ceilings. and
travertine in phase 1.
• Work methods to include negative air containments and glove bagging of
miscellaneous piping, PPE, wet methods, double wrapping of ACM waste, label
and manifest acm waste for proper transport and disposal.
• Work will be done in accordance with DSHS and OSHA regulations
• Provide pollution liability insurance with $5,000,000 aggregate and $1,000,000
occurrence.
• Provide only personnel licensed by the Texas Department of Health and trained in
accordance with the E.P.A. Model Accreditation Plan as either an asbestos
supervisor "competent person" or an asbestos worker.
• Base bid will include all asbestos abatement and demolition in phase 1 except for
the unknown duct and pipe insulation\above ceiling in phase 1 & 2 of plans.
Lump Sum Bid: $123,000.00
Unit prices: Pipe Insulation $9.00/ Linear Foot
Duct Insulation $5.00/ Linear Foot
Not Exceed $75,000.00
AUSTIN 1501. CR Z56 LIBERTY HILL, TX. 78642 OFFICE 51.2-770.6069 FAX 512-776-6066
WACO 2125 FRANKLIN AVE., WACO, TX. 76701 OFFICE 254-498-2904 FAX 25,6-070-0110
Vol. � .� 7 fig.,-'--�_.-_.-
BUILDING ABATEMENT
DEMOLITION COMPANY, INC.
BID NOTES AND CLARIFICATIONS:
• We anticipate completion of this scope of work on sheet A2.1 2 days, A2.2 12
days, A2.3 12 days, A2.4 8 days
• Abatement is to be performed on the second and third floors.
• This proposal is good for sixty (60) days from the date of the proposal.
• Asbestos lump sum price includes all labor, supervision, material, equipment,
OSI -IA monitoring and laboratory analysis, overhead, profit, payroll taxes,
pollution liability and workers comp.
• All notifications, waste manifests, employee certifications, physician's written
opinions, and contractor licenses, daily logs and other pertinent data will be
supplied to the customer within thirty (30) working days upon request.
• Concealed asbestos containing materials (that are within walls, ceilings, chases,
etc.) are not included unless specifically identified elsewhere in this proposal
• Removal and clean up will be in accordance with all federal, state and local
regulations that are specifically applicable to this job and are in effect at the time
of this proposal.
• BAD Company, Inc. does not hereby assume responsibility nor indemnify the
general contractor and / or owner for their sole negligence. In the event of
concurrent negligence, BAD Company's indemnity will apply to the extent of
BAD Company's negligence.
TERMS:
The terms of payment of the material, equipment and labor based on the original scope of
work described herein will be as follow: Upon Completion.
We sincerely appreciate the opportunity to submit this proposal and look forward to
being of other service for you and your company.
Sincerely;
13AD COMPANY, INC. PTED B
Joe Roberts
Operations Signature Date
AUS'r IN 1.501 CR 256 LIBERTY HILL, TX. 74642 OFFICE 57.2-778-6069 FAX 542-778-6066
WACO 2125 FRANKLIN AVE.. WACO,'1'X. 76701. OFFICE 254-498-2904- FAX 254-870-0118
Vol. o, % p91 _�
!3
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
September 17, 2015
Contract Pharmacy Services, Inc. Phone: 1-267-487-9000
125 Titus Avenue Email: wjshafer@contractrx.com
Warrington, PA 18976 Website: www.contractrx.com
Attn: Wayne Shafer
Re: Renewal of Contract for Jail Pharmaceuticals 2016-136R previously known as 2015-18R,
2014-33R, and 2011-34.
Brazos County appreciates the quality work your company has provided and would like to exercise the
renewal option for Renewal of Contract for Jail Pharmaceuticals 2016-136R previously known as
2015-18R, 2014-33R, and 2011-34.
All terms, conditions, and pricing shall remain the same. This renewal will be for one year and will start
January 28, 2016 through January 27, 2017
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to cnorton@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the
original signed documents and an updated Certificate of Insurance by mail to the address listed above.
Please return acceptance as soon as possible. If you have any questions, 1 may be reached at (979)
361-4291.
Contact Name: W wit ()e— `� �QrT Telephone:
F-M,a. 1m<- 4Re- @ rX to `7 q52 r7 g1)sn
CONTRACT PHARMACY SERVICES, INC
Authorized u e
10 -12 -Zai
Date
Duane Peters, County Judge Date
Pg,��o —
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Vol. _vim pg. �d
8I
8
m
_ate Pg
I/'
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: October 20, 2015
ITEM: Consider and take action on the Replat of Duck Haven Subdivision Phase Two, Lot
1R. Block 3 being a Minor Replat of Lot 1, Block 3 Duck Haven Subdivision Phase Two:
(recorded in Volume 7819, Page 166/Brazos County Official Records); 1.168 Acres: B.
McGregor Survey, A-170; City of College Station ETJ; Brazos County, Texas. Site is
located in Precinct 1.
SOURCE OF FUNDS: N/A
NOTES:
• Owner: Duck Haven Development, Ltd.
• Engineer/Surveyor: McClure & Browne Engineering & Surveying, Inc.
SUBMITTED BY:
—�e. g,
R. Alan Munger,
County Engineer,
'C• /_ 1 : _
Commissioner Lloyd Wassermann
Precinct I
This Request is AP O D / DENIED [ ] Commissioners' Court
E. uane Peters, County udge
1.0ul
Date
Vol._a.z 7 Pg._��
Jun. 21. 2005 3:23PM Brazos County Road & Bridge No. 0946 P. 2
Application for Development Office Use Only.
Brazos County Subdivision and Development Regulations
Brazos County Engineering Department
2617 Hwy 21 West, Bryan, Texas 77803
(979) 822-2127
MasterPlan.d: t :Final Plat Ru Plat ✓ Amending Plat_
Property DescrlpGon: I
Road Location: 'A9L0 DRAWF hPIuF
Subdivision Name:. bvc-k NAveAl PNASE I
Total number of lots: Total Acreage: (. 16X
Property Owner ,
Owner name(s): C o v E FAQ lt- r !t EVOC4j5LC 7/2ur r
Curreatmailing address: `I9 O t5Rr4 F DAivc Cot eK- S7r4Trary 7
Phone namber(a:'- (97 4 Y
PS-N3RH
Applicant or Authorized Agent, Engineer or Surveyor
NamcandAddress:-rRAvif MA27',rEw 36oy e. .2FM jr, STC /o�y
Phone numbor(s): (9 ,7 ct NY(,- `f 38 N
Name and Address:
Phone number(s):
Application is for
Residential (4Y Mobile Home Park () Commercial ( )
Other ( )
Is any of the property located in a Floodplain or Flood Hazard area? N to (yes(no)
Aclmmwledgment: 7Ae flood bnard boundary maps mid other need dato used by Brazos County in evalualiog flood hazards to
imposed developments are considered reasonable and teatrate torreilwatory purposes and to based on the best available scientific
W engineering data On rare occasions greaser floods can and will awr and flood heights may be increased by manmade or namrul
eames_ Issuance of a Floodplain Permit in accordance with the Brains County Flood Damage Prevention Ordinance does not Imply
that development outside the areas ofspecial flood barard will be nee from flooding or flood damage. issuance ofa permit shall not
rete liability on the pant of Brazos County or any office or employee of Brazos County in the event flooding or flood damage does
coeur.
Ispartorallofthe propertywithinanETJofaCity? YES* (yes/no)
Will any construction occur in TxDOT right-of-ways? A10 (yeslno)
Application Check List:
Copies of finished plat with corrections (if any):
&� 9 copies to Brazos County
N-- One (1) copy to Brazos County Health Dept.
15- One (1) copy to Brazos County 911
31.1 One (1) copy to local Water District or Company
Letters of approval (to be sent by the approving institution directly to Brazos County Engineering):
D Letter from Brazos County Health DepL - For onsite sewage evaluation,
O Leser from Brazos County 911- For road namos.
❑ Letter firm Water District or Company. - Stating water availability, etc..
ifproperty is within an ETJ of a city:
❑ Approval notification from appropriate city.
Applicant attest that they have signed this application in the capacity designated, ifany, and ftithes attests
that they have read document and the statement contained herein and any attached are true and factual. Al I
applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that
this application is not finished or dated until all documents listed above are filed at the Brazos County
Engineering Office and 11 appli ble blanks are filled in the application above.
q /ia %y!
Applicants Signadim Date
County Witness Date
Vol. 2 z 7 pg. Ogg
57
7-k »aoa
Jun. 21. 2005 3:23PM Brazos County Road & Bridge
No, 0946 P. 3
Engineer/Surveyor Check List for Plat Pre -Approval
I) Property located within a City Extra Ten itoriallurisdictien (M), contact with
that City, is required before plat apprdyal. '
CY 2) Drawn on 24" x 36" sheet to scale of 100' per -inch or larger. if more than one sheet, an
index sheet showing entire subdivision at a scale of 500 feet per inch or larger.
9'� 3) Include the words; "MASTER DEVELOPMENT PLAN—NOT FOR RECORD" or
"FINAL PLAT' or "RE -PLAT' or "AMENDING PLAT' in letters W high.
U,- 4) Vicinity map which includes enough of surrounding arca to show general location of
subjec(property,in relation to major roads and any city limits and county boundaries. No
scala required but include north arrow.
1i� 5) Title Block with tho following infix ntation;
0� Name and address of subdivider, recorded owner, planner, engineer and surveyor.
OY Proposed name of Subdivision. (Subdivision name & skeet names will be approved
through the Brazos County 911.) (Replats need to retain original subdivision name,)
3� Date ofpreparatlon. (Include the date of any revisions on the plat.)
19' Engineer's scale in feet.
fill Total area intended to be developed.
E?/ Re -plat or Amending Plat, existing lot and block description or Abstract name and
number.
g�- (J) North Arrow.
lY 7) Location of any current city or county limit lines, if applicable.
a- 8) Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract.
(3— 9) Descriptions by metes and bounds of the subdivision which shatt close within accepted
land surveying standards. (Shown on drawing; not separate description)
O}� 10) Primary control points or descriptions and ties to such control points, to which, later, all
dimensions, angles, bearings, block numbers, and similar data shall be referred. The plat
shall be located with respect to a corner of the survey or tract, or an original corner of the
original survey of which it is a part.
9r 11) Name of contiguous subdivisions and names of owners of contiguous parcels of
unsubdivided land, and an indication whether or not contiguous properties are platted.
LY 12) location of the 100 Year Floodplain and Floodway, if applicable, according to the most
recent available data. _
�r 13) Note the FEMA FIRM Map panel number and revision date on plat
5,' 14) , Topographic information, including contours at two foot (2 ft.) intervals, ftowline
elevation and flow direction,
r%
❑ 15) Proposed drahugc concept shown on plan, showing flow paths to primary system.
Vol. _ e�, Pg. J V
Jun. 27, 2005 3:24PM Brazos County Road & Bridge No. 0946 P. 4
0,�' 16) Locate and Describe, with accurate dimensions, bearings or deflectipn angles and radii,
area, center angle, degree of curvature, tangent distance and length of all curves; show
existing items that are intersecting or contiguous with tho boundary ofor forming a
.:boundary with the subdivision, as welhas, those within the subdivision; for the
-7ollowing: ;' '
Existing Proposed
I' 91, s Streets: continuous or end in a cul-de-sac, stubbed out streets must end into a
temp. lam around unlrss they are shorter that I00 feet.
lY 9- Public and private R.O.W. locations, width($) and names. (All existing and
proposed R.O.W.'s sufficient to meet County and City Regulations, if
applicable,)
8' 9Y Street offsets and/or intersection angles meet ordinance.
ZY fY Alloys
Ci. G- Reserve tracts.
9� 131- Well site locations.
[[7� 9-- Pipelines: label company with volume and page,
13i 131— Utility Services. (water, wastewater, electrical, natural gas, cable, phone, etc.)
fy 9— Easements.
l� R— Drainage Structures and improvements per engineering analysis.
IY— 0-- A number or letter to identify each lot or site and each block.
9' lfi Public areas.
47� tY Other Public improvements, including but not limited to parks, schools and
other public facilities.
fY 17) All off-site easements far infrastructure construction must be shown on the final plat with
a volume and page listed to indicate where the separate instrument easements were filed.
Separate instrument easements must be filed prior or concurrently with final plat.
D" 18) Proposed phasin. The Master Plan and each phase must be able to stand alone to meet
ordinance requirements. Infrastructure costs should be separate for each phase of the
subdivision.
0� 19) Bring this check list with one copy of plat for pre -approval to meeting; date and time set
by County Engineer or Planner. Meeting location set at County Engineering office.
Brazos County P.ngrtoetwg .
Road & Bridge Depattment,
2617 Hwy 21. West
Bryan, Texas 77803
(979)822-2127
Jun. 21. 2005 3:24PM Brazos County Road & Bridge
No. 0946 P. 5
Brazos County Pre -Application For Plat Appro val Date: 9ia. r
Ma3ter.'Plan _ Final Plat Re -Plat Amending Plat
"..:. —
Date&Timeassignedfor Application and Plat Reviewwitt%GountyEnginecr.orPlanner:_ ...�I-A
Description of Propety:
Subdivision Name: Duct.( {- AO erJ PN/+SC ,j
Property Location: !-1900 DAAUe- A2tv6
Legal Description: DuU uAt/6nN P14145t a, O(arcC 7 (o—r /�
Applicant or Authorized Agent: ''TR/3 ✓ l S' A/4A711y F K .
PhoneNumber(s): (909) &H6 1131sg
This is a notification to 13 rams County that a plan for development exists for this noted piece of property.
This is not the official Application for Development. This also does not commit the Applicant listed above
to file an Application for Development or to file any type of plat for Record.
All properties within the County of Brazos are submitted to the rules and regulations set up by the Brazos
County Cotttmissioners Court. Copies of the Brazos County Subdivision and Development Regulations and
the Brazos County Flood Damage Prevention Ordinance are available from the Brazos County Engineering
and Planning Departments. All applicants are encouraged to review the regulations prior to any plat
submittal.
Attached is a general check list to be used by a Registered Engineer or Registered Professional Land
Surveyor, licensed by the State ofTexas, for the sole purpose of summarizing the needs of a finished plat.
All County and City Ordinances and Regulations must be met. This 13 not a short list of details of said
regulations. Details of the idems listed are in said ordinances, and said ordinances take precedence over this
check list.
Applicants Signatur .
Comments:
9 /a1 i
Date of Signature
Vol, 7 Pg. ��
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: October 20, 2015
ITEM: Consider and take action on conditional approval of the Final Plat of Indian Lakes
Subdivision, Phase XXI (21); Lots 1-12, Block 32; 22.963 Acres: J.M. Barrera Survey, A-
69• (College Station ETJ) Brazos County Texas. Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
NOTES/REQUIREMENTS:
In addition to the 2 year maintenance bond, the Developer will provide additional
security (bond/certified check) to guarantee correction of deficient construction
(pertaining to roadway culverts) in Phase 21.
Owner: Smiling Mallard Development, Ltd.
Engineer/Surveyor: McClure & Browne Engineering/Surveying, Inc.
SUBMITTED BY:
R. Alan Munger, P.
County Engineer
APPROVED BY:
Commissioner Lloyd Wassermann
Precinct 1
This Request iszu��
YE D [ ] by Commissioners' Court
ane Peters, unty Judge
1otwli15-
Date
pg—f-
Jun, 2/. 2VU5 9: 13 YM Brazos County Road & Bridge
Application for Development
Brazos County Subdivision and Development Regulations
Brazos County Engineering Department
2617 Hwy 21 West, Bryan, Texas 77803
(979) 822-2127
Master Plan_ Final Plat _✓ Re -.Plat
Property Description:':
Legal Description:' LnJ,Aly
LAa(e.l
Subdivision Description
Subdivision Name; t wA re4 v
LAK
Total number of lots:. _ L1
Property Owner
Ownername(s): S.t„ IL,IV (r
Al ALLo
Current mailing address: F&o . ,7 ZK
Phonemmrber(s): • Oct e'k4j,-Li3Y
No. 0946 P. 2
Office Use Only.
Amending Plat_
L4 L U. 4 tCAcui✓R Lev e
:K 3 LaTS 1-71
d. Y6 3
T _
Applicant or Authorized Agent, Engineer or Surveyok
NameandAddress:-rA4vtr M4AT/NFK E A4 2PST AS AlfisvkF
Fhone number(s): C5-)9 F Y 6-4 3d' t(
Name and Address:
Phone number(s):
Application is for
Residential (t,r-Mobile Home Park O Commercial ( )
Other ( )
Is any of the property located in a Floodplain or Flood Hazard area? /,;o (yes/no)
Aelmowledgnent: The flood hazard boundary mops end other flood data used by Bmres Cmmty in ""fluting hood hazards to
popeded developments are considered reasonable and accurate for regulatory fraWes and are based on the best available scientific
and engineering data On rare occasions greaser floods can and will occur and flood heights may be increased by manmade or natural
costs. nsuaoce of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance dos not imply
am development outside the areas of special flood hazard will be free from flooding or flood damage. tesuance 01'a winit shall not
flare liability on the part oflawns Courcy or any officer or employs of Brazos County in the event flooding or flood damage does
occur.
Is pan or all of the property within an ETJ of a City? ES (yes/no)
Will any coustruntion occur in TXDOT right-of-ways? ou m (yes/no)
Application Check List:
Copies offinished plat with corrections (if any):
0-' 9 copies to Brazos County
Q— One (1) copy to Brazos County Health Dept.
S— One (1) copy to Brazos County 911
[I-- One (1) copy to local Water District or Company
Letters of approval (to be sent by the approving institution directly to Brazos County Engineering):
P Letter from Brazos County Health Dept - For onsite sewage evaluation,
0 Letter from Brazos County 911- For road names.
❑ Letter from Water District or Company.-Statingwateravailability,etc-
If properly is within an ETJ of a city:
❑ Approval notification from appropriate city.
Applicant attest thatthey have signed this application in the capacity designated, if any, and further arrests
that they have read document and the statement contained herein and any anached are Into and factual. All
applimats are encouraged to review the County Regulations prior to any plat submittal. It is understood that
this application is not finished or dated until all documents listed above are filed at the Brazos County
Engineering OfUce an=appliesd in the application above.
lZ/1/1.S
Applicant's Signattub Date
County Witness Date
Evo-1-7=;--�Pg--f��-
Ju n, 21. TUuh i:23fM brazos Uuoty Road & Bridge
No. 0946 P. 3
Engineer/Surveyor Check List for Plat Pre -Approval
IY 1) Property located within a City Extra Territorial.Jurisdiction (ETJ), contact with
that City isreggired before plat appi bVal.
[Y- 2) Drawn on 24" x 36" sheet to scale of 100' per.inch or larger If more than one sheet, an
index sheet showing entire subdivision at a scale of 500 feet per inch or larger.
t
9- 3) Include the words; "MASTER DEVELOPMENT PLAN- NOT FOR RECORD" or
"FINAL PLAT" or "RE -PLAT' or "AMENDING PIAT' in letters %" high.
U-- 4) Vicinity map which includes enough ofsurrounding area to show general location of
subject property,in relation to major roads and any city limits and county boundaries. No
scale requited but include north arrow.
a- 5) Title Block with the following information:
fY Name and address of subdivider, recorded owner, planner, engineer and surveyor.
IY Proposed name of Subdivision. (Subdivision name & street names will be approved
through the Biaaos County 911.) (Replats need to retain original subdivision name.)
l- Date ofpreparation, (Include the date ofany revisions on the plat.)
CY Engineer's scale in feet.
li4-- Total area intended to be developed. .
M/ Re -plat or Amending Plat, existing lot and block description or Abstract name and
number.
P- 6) North Arrow.
M� 7) Location of any current city or county limit lines, ifapplicable.
tY 8) Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract.
9) Descriptions by metes and bounds of the subdivision which shall close within accepted
land surveying standards. (Shown on drawing; not separate description)
R�- 10) Primary control points or descriptions and ties to such control points, to which, later, all
dimensions, angles, bearings, block numbers, and similar data shall be referred. The plat
shall be located with respect to a comer of the survey or tract, or an original corner of the
original survey of which it is a pan.
B' 11) Name of contiguous subdivisions and names of owners of contiguous parcels of
unsubdivided land, and an indication whether or not contiguous properties are platted.
9- 12) location of the 100 Year Floodplain and Floodway, if applicable, according to the most
recent available data. _
Q-- 13) Note the FEMA FIRM Map panel number and revision date on plat.
CV 14) , Topographic information, including contours at two foot (2, A) intervals, flowiine
elevation and flow direction.
M'� 15) Proposed drainage concept shown on plan, showing flow paths to primary system.
Vol. _ 02_7. Pg., /�
Jun. 2/. ZUU7 j;zgrlvl b r a z o s County Noatl & B r i 6 g e No. B46 P. 4
M/� 16) Locate and Describe, with accurate dimensions, bearings or deflectipn angles and radii,
area, center angle, degree of curvature, tangent distance and length of all curves; show
existing items that are intersecting or contiguous with the boundary of or forming a
boundary with the subdivision, as well'as, those within the subdivision; for the
"following:
Existing Proposed
i0- t Streets: continuous or end in a cul -de -sec, stubbed out streets must end into a
temp. tum around unless they are shorter that 100 feet.
[?� B' Public and private R.O.W. locations, width(s) and names. (All existing and
proposed R O W,'s sufficient to meet County and City Regulations, if
applicable.)
f 13- Street offsets and/or intersection angles meet ordinance.
t3� C- Alleys
1� G� Reserve tracts.
[V 19' Well site locations.
0/ 9- Pipelines: label company with volume and page.
Z_- Utility Services. (water, wastewater, electrical, natural gas, cable, phone, etc.)
!� Q- Easements.
f� Er Drainage Structures and improvements per engineering analysis.
®i C3- A number or letter to identify each lot or site and each block.
6� Is— Public areas.
Y
3— Other Public improvements, including but not limited to parks, schools and
other public facilities.
C�--- 17) All off-site easements for inf-astmClure construction must be shown on the sinal plat with
a volume and page listed to indicate where the separate instrument easements were filed.
Separate instrument easements must be filed prior or concurrently with final plat.
14— 18) Proposed phasing. The Mastcr Plan and each phase must be able to stand alone to meet
ordinance requirements. Infrastructure costs should be separate for each phase of INC
subdivision.
CI" 19) Bring this check list with one copy of plat for pre -approval to meeting; date and time set
by County Engineer or Planner. Meeting location set at County Engineering office.
Brazos County Engm' "M' g
Road & Bridge Department,
2617 Hwy2i• West
Bryan, Texas 77803
(979)822-2127
Jun. 21. YM J:29"m Brazos County Road & Bridge
No. 0946 P. 5
Brazos County Pre -Application For Plat Approval Date:
Witer. Plan _ Final Plat'Re-Plat Amending Plat
Date&Timuassignedfor Application and Plat Review wittibounty Enginea,dr Planer: N//-}
Description of Propel;+:
' r
Subdivision Name: IN6/Ary 1-41WES PN.4TE �I)
Property Location: "E+42 /NIERS cT/Q./ of ,«elA ve,2de OR r KacNrvA re��
Legal Description: byD/Ar�) GArfes Al1+4SE d I 13 t, c K 34 L u7i
Applicant or Authorized Agent: ` 1RA v I S' rh AR?'/� EK .
Phone Number (s): C475�y46— y3,ry
This is a notification to Brains County that a plan for development exists for this noted pieco of property.
This is not the official Application for Development. This also does not commit the Applicant listed above
to file an Application for Development or to file any type of plat for Record.
Al I properties within the County of Brazos are submitted to the rules and regulations setup by the Brazos
County Commissioners Court. Copies of the Brazos County Subdivision and Development Regulations and
the Brazos County Flood Damage Prevention Ordinance are available from the Brazos County Engineering
and Planning Departments. All applicants are encouraged to review the regulations prior to any plat
submittal.
Attached is a general check list to be used by a Registered Engineer or Registered Professional Land
Surveyor, licensed by the State of Texas, for the sole purpose of summarizing the needs of a finished plat.
All County and City Ordinances and Regulations must he met. This is not a short list of details of said
regulations. Details of the litems listed are in said ordinances, and said ordinances take precedence over this
check list.
C. ?
Applicants Signature. il
1//; /ff-
Date of Signature
_a_z pg._ %��
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: October 20, 2015
SUBJECT: Private Property Access
Request permission to enter private property owned by Gene K. Huff located at 16559
Calumet Trail (Woodlake Subdivision). Project will require the County to construct a
temporary cofferdam to allow replacement of 2 culvert pipes under Calumet Ttail.
Project will take approximately 1 week to complete. Site is located in Precinct 1.
SUBMITTED BY:
Darrell W. Kolwes
Right of Way Agent
This request
APPROVED BY:
Lloyd assermann
Commissioner Precinct 1
Commissioners' Court
Duane Peters, County Judge
Date: 10iioIltr
F
. a_� Pg._9a
iq
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pct. 1
Sammy Catalena
Commissioner Pct. 2
Kenny Mallard
Commissioner Pct, 3
Irma Cauley
Commissioner Pct, 4
OWNER(S): Gene K. Huff
ll. ADDRESS: 16559 Calumet Trail
College Station, Texas 77845-8215
R. Alan Munger, P. E.
County Engineer
Brazos County Road & Bridge Dept.
2817 Hwy 21 West
Bryan, Texas 77803
Office: 979-822-2127
Fax 979-775-0453
ramunger@6razoscount *.gov
III. LOCATION OF WORK: 420 feet southwest of Riva Ridge Road on Calumet Trail
49640 — Woodlake Sub., Phase II, Lots 24 & 25, 2.03 acres
IV. DESCRIPTION OF WORK: Request permission to enter property to construct cofferdam
to keep water from backing up into culverts crossing under Calumet Trail. When
dam is complete, County will remove corroded culverts and replace. When
culverts are replaced and roadway built back, County will remove cofferdam.
Additional Comments:
V. MAINTENANCE: Yes
No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature: %b Date: /D 7{ S
Gene K. Huff
R. Alan Munger, P.E.
County Engineer
(a),0b,7W,-
Darrell W. Kolwes
Right of Way Agent
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2014-2015 BUDGET YEAR
NO. 14/15 54.1— 54.3
On this the 20th day of October 2015 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 20th day of October 2015 the Court heard and approved a budget amendment
for the 2014-2015 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 9 September 2014, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 20th day of October 2015.
TIIE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attachcd to the original budget
vol. -,�'-;2 %. Pg, -7Z
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 54.1
10/20/2015
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
1700 41006000 DR Fess - Alternative Dispute 6,370.00
1700 11070000 7.400000 CR Dispute Resolution Center 6370.00
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Alternative Dis ure Rceolutlon
TC adjust the budoet of the Alternative Dis ute Resotution Fund to reflect the actual revenue and exenditure for FY 2015.
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Evol-
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 54.2
CR
Increase
for the custom ¢lass that went on too of new ftimiture that is on the asset list.
Vol.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 54.3
10/20/2015
FUNDI DIV I ACCT I PROJ DR/CRI ACCOUNT NAME Increase Decrease
OI00 IS000(00 6350000 CR Gasoline 413.00
0100 IS000100 71500000 DR Rental Equipment 413.00
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County Attorney - Administration
Reallocation of funds to cover the Cooler oeetaees for FY 2015.
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Vol. -:02 p9.��
BRAZOSCOUNTY, TEXAS
BUDGET ATMENDMENT(S) FOR THE 2015-201
NO. 15/16 4.1-4.5
On this the 20th day of October 2015 at a regular meetmg of the t,oin uissiuucrs wun, u[c wuuwing
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Nassemtann, Commissioner, Precinct
C. Sammy Catalena, Cmrunissioner. Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Conmussioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT RTIEREAS, on 20th day of October 2015 the Court heard and approved a budget amendment
for the 2014-2015 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 ut the original budget adopted 8 September 2015, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 20th day of October 2015.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Vol.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 • 4.1
10/20/2015
FUNDI DIV I ACCT I PROJ I DRICRI ACCOUNT NAME Increase Decrease
1
15001 52000100 1 61130000 1 1 CR IContin enev I 72.00
1500 52000100 65540000 1 DR Co ier/Printer/Fax Maint. 72.00
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Law Libras• Fund
Reallocation of funds to cover co ier maintenance for Ft' 2016.
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VOL oZ , Pg. 9 9
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 4.2
10/20/2015
FUNDI DIVACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4500 63000300 50100000 CR Buildings 750.00
4500 163000300 1 SO440000 DR Land 750.00
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Fleet MAnt. Building
Reallocation of funds to cover boundary survev S lattin, for the Fleet Maintenance Facility.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 4.3
10/20/2015
R&6
vol., -a� Pg -A _�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 4.4
1 012 0/201 5
FUND DIV I
ACCT PROD DRICRI
ACCOUNT NAME
Increase Decrease
0100 11001500
61130000 CRCnntingencv
992.00
0100 36500100
51730000 UR
Cell Phone Allowance
770.00
0100 36500100
53100000 DR
Social Security
59.00
0100 36500100
53200000 DR
Retirement
108.00
0100 36500100
53800000 I DR
worker Comp
55.00
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General Fund Con tingencv and Brsros Center
Reallocation of funds to
Commissioner's Court.
cover for cell phone allowance for the Brazos Center %tanager, that was approved on 10/13/2015, Item #10, during
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Vol. _a 7 ��� _ as
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 4.5
10/20/2015
FUNDI DIV 1 ACCT PROJ I)R/CRj ACCOUNT NAME Increase Decrease
4315 63000720 1 80101003 CR Bldg. Renoc - Courthouse 62,163.00
4315 63000720 85500000 DR Bond Issuance Cost 62.163.00
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Courthouse Improvements - 2015 Certs of Obligation
Reallocation of funds to cover for the bond issuance cost.
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_a_7 _ pg. `�o -
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: October 20, 2015
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
Brazos Center Spencer, Joanna Cell Phone Allowance
Collections Willis, Cynthia Transfer w/in Dept.
District Attorney Diaz, William M. New Hire
District Clerk
Sutton, Tarryn E.
New Hire
Justice of the Peace Pct. 3
Bursey, Daicia
New Hire
Juvenile Services- TJJD- State Aid
Brown, Dexter
Transfer w/in Dept.
S.O. - Administration
Bell, Matt
Transfer w/in Dept.
S.O. -Detention Center
Jones, Charles
Merit
S.O. - Jail Medical Services
McGovern, Ronald
Ziegelmann, Michelle
Merit
Merit
Approved in Commissioners' Court: October 20, 2015
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes) �__
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