HomeMy WebLinkAbout2018-07-17 10:00 AM REGULAR MEETINGr
BRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET
IN REGULAR SESSION ON JULY 17, 2018 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 - Commissioner Aldrich
2. Call for Citizen input and/or concerns
Consider and take action on agenda items 3-15:
3. Appointment of Santos Navarrette Jr as Director to the Brazos County Health District
per the recommendation of the Brazos County Board of Health.
4. Payment Authorization to Kone I nc. in the amount of $234.60 for elevator phone repairs
for the Sheriff's Admin. Building that is not covered under Service Maintenance
Agreement.
5. Approval to sell 2014 Dodge Charger to the TAMU Low -Wind Tunnel for $10.00
pursuant to Local Government Code §263.152. This 2014 Dodge Charger is in surplus
and no longer needed by the Sheriff's Department.
6. Memorandum of Understanding between Texas A&M Agril-ife Extension Service and
Brazos County pertaining to information technology services.
7. Request approval to execute renewal of LESO Program agreement with TxDPS.
8. Funding Agreement with Brazos Maternal & Child Health Clinic, I nc. for FY 2018.
9. Approval of License Agreement for Odyssey Ware for the Juvenile Department in the
amount of $16,250.00.
10. Consider and take action on the W ickson Creek Special Utility District utility permit to
construct a road bore for a 1 inch water line crossing under Meadow Lark Circle 1,680
vol. -� ;"o' Pg. L�
i;
feet southwest of Scott Lane. Site is located in Precinct 2.
11. Expenditure Journal Entries
• 060166-060167
12. Tax Refund Applications for the following:
a. Dixie P. Kelley - Overpayment $546.11
b. Bobby & Gladys Heath - Overpayment $8.17
c. Lisa Ford - Overpayment $7.59
d. Willie J. Simpson - Overpayment $62.39
e. Academy of Modem Martial Arts % Nucker Sharli - Overpayment $19.40
f. Robert Kocman & Cheryl Shimshack - Overpayment $9.00
g. Rosalind Sanders % Rosalind Bush - Overpayment $500.00
h. Guy & Teri Pulliam - Overpayment - $1,708.61
i. John T. Venable - Overpayment $5.31
13. Budget Amendments.
Budget Amendments FY 17/18 41.1 -41.3
14. Personnel Change of Status.
Personnel Action Forms
16. Sheriff's report on inmate population.
17. Announcement of interest items and possible future agenda topics.
18. Call for Citizen input and/or concerns
19. Adjourn.
Vol. T to Pg. S3
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at
the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional
Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Teras Constitution. As a
Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation
under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular,
Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to,
and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the
Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and
appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of
the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or
group. Neither is it the intention of the Court to allow member (or members) of the public to insult the honesty and/or integrity
of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly,
profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial,
ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or lake action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. Fbwever, 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 Section
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to
attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business
of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803 is
wheelchair accessible. Fiandicap parking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 361-4102.
Vol! — �"/ — pg. S`< t
MINUTES
J U LY 17, 2018
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
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,
July 17, 2018 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Steve Aldrich, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Nancy Berry, 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.
1. Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Commissioner Aldrich
2. Call for Citizen input and/or concerns
There was no citizen's input.
Consider and take action on agenda items 3-15:
3. Appointment of Santos Navarrette Jr as Director to the Brazos County Health District
per the recommendation of the Brazos County Board of Health.
Pg -
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
Payment Authorization to Kone Inc. in the amount of $234.60 for elevator phone repairs
for the Sheriff's Admin. Building that is not covered under Service Maintenance
Agreement.
This payment authorization was requested by the Facility Services Department.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
5. Approval to sell 2014 Dodge Charger to the TAMU Low -Wind Tunnel for $10.00
pursuant to Local Government Code §263.152. This 2014 Dodge Charger is in surplus
and no longer needed by the Sheriff's Department.
Commissioner Aldrich asked why the agenda requests to sell a 2014 Dodge Charger
and the letter mentions a 2011 Dodge Charger. Purchasing Agent Charles Wendt
explained that the requirement was for a 2011 or newer.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
6. Memorandum of Understanding between Texas A&M Agril-ife Extension Service and
Brazos County pertaining to information technology services.
A copy of the Memorandum of Understanding is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
Request approval to execute renewal of LESO Program agreement with TxDPS.
A copy of the agreement is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
8. Funding Agreement with Brazos Maternal & Child Health Clinic, Inc. for FY 2018.
A copy of the funding agreement is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
9. Approval of License Agreement for Odyssey Ware for the Juvenile Department in the
amount of $16,250.00.
Vol. -2-%G Pg7—Zi7
A copy of the license agreement is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
10. Consider and take action on the W ickson Creek Special Utility District utility permit to
construct a road bore for a 1 inch water line crossing under Meadow Lark Circle 1,680
feet southwest of Scott Lane. Site is located in Precinct 2.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
11. Expenditure Journal Entries
• 060166-060167
A copy is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
12. Tax Refund Applications for the following:
a. Dixie P. Kelley - Overpayment $546.11
b. Bobby & Gladys Heath - Overpayment $8.17
c. Lisa Ford - Overpayment $7.59
d. Willie J. Simpson - Overpayment $62.39
e. Academy of Modem Martial Arts % Nucker Sharii - Overpayment $19.40
f. Robert Kocman & Cheryl Shimshack - Overpayment $9.00
g. Rosalind Sanders % Rosalind Bush - Overpayment $500.00
h. Guy & Teri Pulliam - Overpayment - $1,708.61
i. John T. Venable - Overpayment $5.31
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
13. Budget Amendments.
Budget Amendments FY 17/18 41.1 -41.3
41.1 Transfer funds from Non -Departmental to I nformation Technology.
41.2 Transfer funds from Contingency Fund to County Attorney; District Attorney;
Sheriff's Office; Constable, Precinct 1; Constable, Precinct 2; Constable, Precinct 3;
Constable, Precinct 4 and Courthouse Security.
4.3 Reallocate funds for Sheriff's Office - CSISD School Security.
Fv
ol. .27� F
1._ I
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
14. Personnel Change of Status.
Personnel Action Forms
The County Judge stated that the Personnel Change of Status form for Hart I lelji should
be removed.
Commissioner Cauley offered a motion to approve the Personnel Change of Status
requests with the exception of Hart I lelji. The motion was seconded by Commissioner
Catalena and passed unanimously. A copy of the Personnel Change of Status requests
is attached.
Motion: Approve w/ Conditions, Moved by Commissioner Irma Cauley, Seconded by
Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
15. Payment of Claims.
Claims 8005730-8005918
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
16. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 660 inmates in jail, 555 inmates are male and 105
are female, 31 have electronic monitors and 23 are pending for monitors.
17. Announcement of interest items and possible future agenda topics.
Judge Peters announced the Ribbon Cutting for the newly renovated Courthouse will be
on Wednesday, July 18, 2018 at 4:00 p.m.
Judge Peters also announced that he attended a Texans Against High Speed Rail
meeting and found out some things he was unaware of when the Court approved the
Resolution in support. He would like to invite them to give a presentation to the Court.
18. Call for Citizen input and/or concerns
There was no citizen's input.
19. Adjourn.
Vd._ pg. J`9
The foregoing minutes of the Commissioners Court meeting held July 17, 2018 have
been examined and are approved in open Court this 7`h day of Atuyust 2018, in Bryan,
Brazos County, Texas.
ftnt 1
Duane Peters Steve Aldrich
County Judge Commissioner, Precinct 1
my Cata na
Commissi er, Precinct 2
Irma Cauley I
Commissioner, Precinct 4
Attest:
Karen McQueen
County Clerk
Nancy Berr
Commissioner, Precinct 3
Pg.
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Vol. P9—�---
Memorandum of Understanding between
Texas A&M AgriLife Extension Service and Brazos County
Pertaining to Information Technology Services
This MOU is between Texas A&M AgriLife Extension Service ("Extension") and Brazos
County ("County') and is intended to clarify the parties' responsibilities for information technology
service and support (collectively "IT Services") at the Brazos County AgriLife Extension Office
("County Extension Office").
Extension provides quality, relevant outreach and continuing educational programs and
services to the people residing in County and educates County residents in the areas of agriculture,
environmental stewardship, youth and adult life skills, human capital and leadership, and community
economic development.
County desires that Extension maintains a County Extension Office to conduct beneficial
outreach and education for its residents; therefore, the County provides space for the County
Extension Office within County provided premises.
The parties agree as set forth below with regard to IT Services at the County Extension
Office:
I. TERM
The term of this MOU is two years beginning on September 1, 2018 and ending on
August 31, 2020. The term of this MOU may be extended by written agreement of the parties. This
MOU may be terminated by either party without cause, upon fifteen (15) days' prior written notice to
the other party.
II. OBJECTIVE
The purpose of this MOU is to document the parties' understanding and responsibilities with
regard to IT Services at the County Extension Office.
III. PARTIES' AGREEMENTS
A. FACILITY
The County will ensure facilities provided to and occupied by the County Extension Office
are equipped with data communications wiring that adhere to County's information technology
standards.
B. ACCESS
1. Logical — Network and Internet Access
County provides the County Extension Office with full Intemet access. This access includes
electronic mail service ("email") to the Extension provided email. In addition, agents and staff in the
County Extension Office may also have County email service if needed. Extension understands that
Intemet access is in accordance with County operations standards.
v'0 . _ Pg.
2. Cost associated with Intemet service
County provides Intemet service at no additional cost to Extension.
3. Physical (communications closets or server facility)
Texas Administrative Code (Chapter 202 B 202.26) requires communications closets and
equipment be physically secure. In situations where Extension owns or supplies network
components, County will ensure Extension has access to allow for trouble shooting and restarting
network equipment. County can require an access log be maintained to monitor Extension access.
C. COMPUTER HARDWARE (includes printers, scanners, projectors)
1. Initial Purchase and Configuration:
The County Extension Office can obtain computers through three channels. These include:
Extension, County, or third party purchase as clarified below.
Extension can provide computer systems through a standardized "Cost Share" program. This
voluntary program includes initial setup and delivery of newly purchased systems. County is granted
permission to configure the systems for access to County applications and standards, provided such
access does not inhibit productivity.
County can provide computer systems to the County Extension Office including initial setup
and delivery. In this instance, computers must include configurations and standard software listed
below under "Extension Standard Software Requirements."
If a third party provides a computer, or a personal computer is used on the office network, it
is expected these computers will meet both Extension and County security configuration standards.
2. Special Configuration Items
Administrative level accounts will be maintained on all computer systems to allow either
County or Extension to troubleshoot problems.
3. General Hardware Support:
County will facilitate trouble -shooting computer hardware and peripheral devices and take
corrective actions in accordance with County operation standards. County Information Technology
trait ("County IT") will contact AgriLife Information Technology ("Agtil-ife IT") as needed to
ensure Extension operation standards are met. County Extension Office staff will contact the County
IT help desk per county operation standards.
Expected Minimum Workstation management
i. Microsoft Windows and Office patches maintained as current.
ii. Adobe Acrobat patches maintained as current.
iii. Chrome, Firefox, Flash and Java maintained as current when present.
iv. Anti -Virus / Anti-Malware application installed, active and maintained as current.
VO4. Z pg.
4. Warranty and Maintenance Costs:
Computer systems provided by Extension are provided with an extended parts and service
warranty (nomtally 3 years) through state vendor purchasing contracts. These computer systems will
be maintained by AgriLife IT for warranties, parts, and cost and third -party maintenance if used per
normal operation standards.
Computer systems provided by County will be maintained by County for warranties, parts,
and cost and third -party maintenance if used per normal County operation standards.
Computers purchased by a third party or personal computers are neither Extension or County
responsibility with regard to warranty, parts, costs or maintenance.
5. Ownership:
Computer systems provided by Extension are the property of Extension. These systems will
remain in the County Extension Office for its useful life or until determined obsolete. At that time,
the County has the following three options:
i. Return equipment to the property office of Extension for appropriate disposal.
ii. Arrange with Extension for transfer of equipment to County.
iii. Equipment may be donated to local charitable organizations in coordination with the
Extension property office.
Computers provided by County are property of County and ownership will be maintained
according to County operational standards.
Computers provided by a third party or a personal computer, unless formally transferred to
Extension or County, will remain with that party's ownership.
D. COMPUTER SOFTWARE
County IT will facilitate trouble -shooting of computer software within the scope of County
expertise. Issues outside the County scope for software required and provided by Extension will be
referred to Extension support. County Extension Office staff will contact County IT help desk per
county operation standards.
Extension Standard Software Requirements:
1, Microsoft Windows Professional
2. Microsoft Office Professional
3. Adobe Acrobat Professional
Extension Recommendations:
1. Use county standard version if defined, otherwise use the latest versions available
2. Add the Firefox Web Browser
E. ANTI-VIRUS AND SECURITY INCIDENCE REPORTING
Vol. ,;? , pg.
Texas Administrative Code (Chapter 202 B 202.26) requires state agencies to report
significant security incidences through the State Department of Information Resources (DIR).
County supplies and maintains Anti -Virus and Anti-Malware Protection and meets state
requirements for incidence reporting. As a courtesy Extension requests that County IT alert
Extension IT of any significant IT related security event occurring in the County Extension Office.
These alerts should be sent to the AgriLife Information Security Officer. Phone 979-845-9689;
email: securityhelp@ag.tamu.edu
IV. FINANCIAL PROVISIONS
There will be no exchange of funds or other resources among the parties that effectively alter
the set contribution of each party in the context of this MOU. Specifically, each party will be
responsible for its own costs in connection with all matters relating to any work and collaborations
performed under this MOU. Except as may be provided for in Section III.B. above, or in a separate
written agreement between the parties, or an amendment to this MOU, there will be no exchange of
funds or other resources among the parties. The parties agree that nothing in this MOU shall compel
or be interpreted so as to compel any of the parties to provide more resources than those available,
without a written amendment to this MOU.
V. MISCELLANEOUS
This MOU will not be construed to create any partnership, joint venture or other similar
relationship between the parties, nor shall either party enter into obligations or commitments on
behalf of the other parry.
The construction, validity, performance, and effect of this MOU will be governed by the laws
of the State of Texas.
This MOU may be executed in any number of counterparts, including facsimile or
scanned/emailed PDF documents. Each such counterpart, facsimile, or scanned/emailed PDF
document shall be deemed an original instrument, all of which, together, shall constitute one and the
same executed MOU.
Texas A&M AgriLife Extension Service
By: By: n�,
Printed Name: Alan Kurk Pr nted Name: Dalll11� Q,—r-S
Title: AgriLife IT Director Title: S Cwn JLIe� Y—
Date: Date: ri rgi
Vol. pg. J`
Memorandum of Understanding between
Texas A&M AgriLife Extension Service and Brazos County
Pertaining to Information Technology Services
This MOU is between Texas A&M AgriLife Extension Service ("Extension") and Brazos
County ("County") and is intended to clarify the parties' responsibilities for information technology
service and support (collectively ,IT Services") at the Brazos County AgriLife Extension Office
("County Extension Office").
Extension provides quality, relevant outreach and continuing educational programs and
services to the people residing in County and educates County residents in the areas of agriculture,
environmental stewardship, youth and adult life skills, human capital and leadership, and community
economic development.
County desires that Extension maintains a County Extension Office to conduct beneficial
outreach and education for its residents; therefore, the County provides space for the County
Extension Office within County provided premises.
The parties agree as set forth below with regard to IT Services at the County Extension
Office:
I. TERM
The term of this MOU is two years beginning on September 1, 2018 and ending on
August 31, 2020. The term of this MOU may be extended by written agreement of the parties. This
MOU may be terminated by either party without cause, upon fifteen (15) days' prior written notice to
the other party.
H. OBJECTIVE
The purpose of this MOU is to document the parties' understanding and responsibilities with
regard to IT Services at the County Extension Office.
III. PARTIES' AGREEMENTS
A. FACILITY
The County will ensure facilities provided to and occupied by the County Extension Office
are equipped with data communications wiring that adhere to County's information technology
standards.
B. ACCESS
1. Loeical —Network and Internet Access
County provides the County Extension Office with full Internet access. This access includes
electronic mail service ("email") to the Extension provided email. In addition, agents and staff in the
County Extension Office may also have County email service if needed. Extension understands that
Internet access is in accordance with County operations standards.
2. Cost associated with Internet service
County provides Internet service at no additional cost to Extension.
3. Physical (communications closets or server facility)
Texas Administrative Code (Chapter 202 B 202.26) requires communications closets and
equipment be physically secure. In situations where Extension owns or supplies network
components, County will ensure Extension has access to allow for trouble shooting and restarting
network equipment. County can require an access log be maintained to monitor Extension access.
C. COMPUTER HARDWARE (includes printers, scanners, projectors)
1. Initial Purchase and Configuration:
The County Extension Office can obtain computers through three channels. These include:
Extension, County, or third party purchase as clarified below.
Extension can provide computer systems through a standardized "Cost Share" program. This
voluntary program includes initial setup and delivery of newly purchased systems. County is granted
permission to configure the systems for access to County applications and standards, provided such
access does not inhibit productivity.
County can provide computer systems to the County Extension Office including initial setup
and delivery. In this instance, computers must include configurations and standard software listed
below under "Extension Standard Software Requirements."
If a third party provides a computer, or a personal computer is used on the office network, it
is expected these computers will meet both Extension and County security configuration standards.
2. Special Configuration Items
Administrative level accounts will be maintained on all computer systems to allow either
County or Extension to troubleshoot problems.
3. General Hardware Support:
County will facilitate trouble -shooting computer hardware and peripheral devices and take
corrective actions in accordance with County operation standards. County Information Technology
unit ("County IT") will contact AgriLife Information Technology ("Agrif,ife IT") as needed to
ensure Extension operation standards are met. County Extension Office staff will contact the County
IT help desk per county operation standards.
Expected Minimum Workstation management
i. Microsoft Windows and Office patches maintained as current.
ii. Adobe Acrobat patches maintained as current.
iii. Chrome, Firefox, Flash and Java maintained as current when present.
iv. Anti -Virus / Anti-Malware application installed, active and maintained as current.
Vol. � P9•� 7
4. Warranty and Maintenance Costs:
Computer systems provided by Extension are provided with an extended parts and service
warranty (normally 3 years) through state vendor purchasing contracts. These computer systems will
be maintained by AgriLife IT for warranties, parts, and cost and third -party maintenance if used per
normal operation standards.
Computer systems provided by County will be maintained by County for warranties, parts,
and cost and third -party maintenance if used per normal County operation standards.
Computers purchased by a third party or personal computers are neither Extension or County
responsibility with regard to warranty, parts, costs or maintenance.
5. Ownership:
Computer systems provided by Extension are the property of Extension. These systems will
remain in the County Extension Office for its useful life or until determined obsolete. At that time,
the County has the following three options:
i. Return equipment to the property office of Extension for appropriate disposal.
ii. Arrange with Extension for transfer of equipment to County.
iii. Equipment may be donated to local charitable organizations in coordination with the
Extension property office.
Computers provided by County are property of County and ownership will be maintained
according to County operational standards.
Computers provided by a third party or a personal computer, unless formally transferred to
Extension or County, will remain with that party's ownership.
D. COMPUTER SOFTWARE
County IT will facilitate trouble -shooting of computer software within the scope of County
expertise. Issues outside the County scope for software required and provided by Extension will be
referred to Extension support. County Extension Office staff will contact County IT help desk per
county operation standards.
Extension Standard Software Requirements:
1. Microsoft Windows Professional
2. Microsoft Office Professional
3. Adobe Acrobat Professional
Extension Recommendations:
1. Use county standard version if defined, otherwise use the latest versions available
2. Add the Firefox Web Browser
E. ANTI-VIRUS AND SECURITY INCIDENCE REPORTING
Texas Administrative Code (Chapter 202 B 202.26) requires state agencies to report
significant security incidences through the State Department of Information Resources (DIR).
County supplies and maintains Anti -Virus and Anti-Malware Protection and meets state
requirements for incidence reporting. As a courtesy Extension requests that County IT alert
Extension IT of any significant IT related security event occurring in the County Extension Office.
These alerts should be sent to the AgriLife Information Security Officer. Phone 979-845-9689;
email: securityhelp@ag.tamu.edu
IV. FINANCIAL PROVISIONS
There will be no exchange of funds or other resources among the parties that effectively alter
the set contribution of each party in the context of this MOU. Specifically, each party will be
responsible for its own costs in connection with all matters relating to any work and collaborations
performed under this MOU. Except as may be provided for in Section III.B. above, or in a separate
written agreement between the parties, or an amendment to this MOU, there will be no exchange of
funds or other resources among the parties. The parties agree that nothing in this MOU shall compel
or be interpreted so as to compel any of the parties to provide more resources than those available,
without a written amendment to this MOU.
V. MISCELLANEOUS
This MOU will not be construed to create any partnership, joint venture or other similar
relationship between the parties, nor shall either party enter into obligations or commitments on
behalf of the other party.
The construction, validity, performance, and effect of this MOU will be governed by the laws
of the State of Texas.
This MOU may be executed in any number of counterparts, including facsimile or
scanned/emailed PDF documents. Each such counterpart, facsimile, or scanned/emailed PDF
document shall be deemed an original instrument, all of which, together, shall constitute one and the
same executed MOU.
Texas A&M AgriLife Extension Service COUNTY r1
By: By:
Printed Name: Alan Kurk Printed ame:. t�tlAr�
Title: AgriLife IT Director "Title: CD W,
Date: Date: I r i11?
Vol. Pg. -L_
STATE PLAN OF OPERATIONS
BETWEEN THE STATE OF
TEXAS
AND THE
Brazos County Sheriff's Office
I. PURPOSE
This State Plan of Operation (SPO) is entered into between the State of Texas and the (LEA
name) Brazos County Sheriffs Office , to set forth the terms and conditions
which will be binding on the parties with respect to excess Department of Defense (DOD)
personal property transferred pursuant to 10 USC § 2576a in order to promote the efficient and
expeditious transfer of property and to ensure accountability of the same.
H. AUTHORITY
The Secretary of Defense is authorized by 10 USC § 2576a to transfer to State Law
Enforcement Agencies, personal property that is excess to the needs of the DOD and that the
Secretary determines is suitable to be used by such agencies in law enforcement activities, with
preferences for counter -drug / counter -terrorism or border security activities, under such terms
prescribed by the Secretary. The authorities granted to the Secretary of Defense have been
delegated to the Defense Logistics Agency (DLA) in determining whether property is suitable
for use by agencies in Law Enforcement Activities (LEAs). DLA defines law enforcement
activities as activities performed by governmental agencies whose primary function is the
enforcement of applicable Federal, State, and local laws and whose compensated law
enforcement officers have powers of arrest and apprehension. This program is also known as
the "1033 Program" or the "LESO Program" and is administered by DLA Disposition
Services, Law Enforcement Support Office (LESO).
III. GENERAL TERMS AND CONDITIONS
A. OPERATIONAL AUTHORITY
The Governor of the State of Texas has designated in writing with an effective date of August 26,
2015 to implement this program statewide as well as conduct management and oversight of this
program. Funding / Budgeting to administer this program are provided by the Texas Department
of Public Safety.
The provided funding is used to support assistance to the LEAs with customer service to include
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computer / telephone assistance and physical visits to the LEAs to assist with acquiring access to
the LESO Program. The staffing to provide the support to the LEAs within the State of Texas is
as follows:
State Coordinator (SC): Mike Lesko
State Point of Contact (SPDC): Rolando Ayala
State Point of Contact (SPOC); Laurie Patterson
State Point of Contact (SPDC): John Riddick
The following is the facility / physical location and business hours to provide customer service to
those LEAs currently enrolled, as well as interested participants of the LESO Program:
Agency Address / Location: 5805 N Lamar Blvd Austin, Texas 78752
EMAIL / Contact Phone Numbers: TxLESOProgram/iDdj2s.texas.gov 512-424-7590
Hours of Operation: 7AM — 5PM
B. The DLA LESO has final authority to determine the type, quantity, and location of excess
DOD personal roperty suitable for law enforcement activities, if any, which will be transferred to
the (LEA name Brazos County Sheriff's Office
C. This agreement creates no entitlement to the LEA to receive excess DOD personal property,
D. The (LEA name) Brazos County Sheriff's Office understands that property made
available under this agreement is for the use of authorized program participants only. Property
may not be obtained for any individual, organization, or agency that has not been approved as a
participant in the LESO Program. All requests for property must be based on bona fide law
enforcement requirements. Property will not be obtained by any authorized participant for the
purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan.
E. Controlled property (equipment) includes any property that has a demilitarization (DEMIL)
Code of B, C, D, F, G, and Q3. DLA LESO mandates that the following items be treated as
controlled property:
1) Manned Aircraft, fixed or rotary wing
2) Unmanned Aerial Vehicles
3) Wheeled Armored Vehicles
4) Specialized Firearms and Ammunition Under .50 Cal (excluded firearms and
ammunition for service -issued weapons)
5) Explosives and Pyrotechnics
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F. LEAs that request items in Paragraph E above must provide all required information outlined
on the LESO request form. Among other specific requirements identified in these documents,
LEAs will be required to certify and submit a detailed written justification with a clear and
persuasive explanation of the need for the property and the law enforcement purposes it will
serve.
O. The (LEA name) �fu20>�. n�U,� r S (Dft \LL must maintain and enforce
regulations designed to impose adequat security measures for controlled property to mitigate the
risk of loss or theft.
H. Under no circumstances will controlled property be sold or otherwise transferred to non -U.S.
persons, or exported. All transfers must be approved by the State and DLA Disposition Services
LESO.
1. Cannibalization requests for controlled property must be submitted in writing to the State,
with final approval by the LESO. The LESO will consider cannibalization requests on a case-by-
case basis.
J. The LESO conditionally transfers all excess DOD property to States / LEAs enrolled in the
LESO Program. Title or ownership of controlled property will remain with the LESO in
perpetuity and will not be relinquished to the LEAs. When the LEA no longer has legitimate law
enforcement uses for controlled property, the1EA must notify the State, who will then notify the
LESO, and the controlled property must either be transferred to another enrolled LEA (via standard
transfer process) or returned to DLA Disposition Services for disposal. The LESO reserves the
right to recall controlled and non -controlled property issued through the LESO Program at any
time.
K. Property with a DEMIL Code of "A" and "Q6" is also conditionally transferred to the LEA.
However, after one.year from the Ship Date, the LESO will relinquish ownership and applicable
title to the LEA. Prior to this date, the State and LEA remains responsible for the accountability
and physical control of the item(s) and the LESO retains the right to recall the property.
Applicable title and/or ownership will not be relinquished to any property with DEMIL Code of
"Q6" that is controlled property identified in Paragraph III E.
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I) Property with DEMIL Code of "A" and "Q6" will automatically be placed in an
archived status on the LEAs property book upon meeting the one year mark.
2) Once archived, the property is no longer subject to annual inventory requirements
and will not be inventoried during a LESO Program Compliance Review (PCR).
3) Ownership and/or applicable title of DEMIL "A" and/or "Q6" items that have
been archived will pass automatically from the LESO to the LEA when they are
archived at the one year mark (from Ship Date) without issuance of any further
documentation.
4) LEAs receive ownership and/or applicable title of DEMIL "A" and/or "Q6"
items as governmental entities. Title and ownership of DEMIL "A" property does
not pass from DOD to any private individual or LEA official in their private
capacity. Accordingly, such property should be maintained and ultimately
disposed of in accordance with provisions in State and local law that govern
public property. Sales or gifting of DEMIL "A" and/or "Q6" property after the
one year mark in a manner inconsistent with State or local law may constitute
grounds to deny future participation in the LESO Program.
L. The LEAs are not authorized to transfer controlled property or DEMIL Code "A" or "Q6"
property assigned to their inventory without LESO notification and approval. Property will
not physically move until the State and LESO approval process is complete.
IV. ENROLLMENT
A. An LEA must have at least one full-time compensated law enforcement officer in order to
enroll and/or receive property via the LESO Program. Only full-time and part-time law
enforcement officers are authorized to receive property. Reserve officers are not authorized to
receive property.
1) The LEA shall submit an updated Application Packet to the State Coordinator's
office no later than September I each year and/or any time there is a change in
personnel or LEA contact information. Failure to do so may result in suspension
and/or termination from the program.
2) Once approved for participation in the program, at least one of the LEA's authorized
screeners must attend a mandatory training class prior to any requests for property
being approved. The class will be conducted free of charge to the LEA and will be
held at a location determined by the State Coordinator's office.
3) LEA transfer of responsibility — program property assigned to the LEA. A change in
the Chief Law Enforcement Official (CLEO), due to any reason, will not relinquish
responsibility from the LEA for properly maintaining existing program property in
the LEA's possession. If the new CLEO does not wish to be responsible for existing
property, they shall notify the State Coordinator's office in writing that they wish to
return the equipment to the nearest Disposition Site or transfer it to a qualifying
LEA, The new CLEO remains responsible for existing property until the property is
officially transferred or returned.
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B. The State shall:
1) Implement LESO Program eligibility criteria in accordance with 10 USC § 2576a,
DLA Instructions and Manuals, and the DLA MOA the State signs.
2) Receive and process applications for participation from LEAs currently
enrolled and those LEAs that wish to participate in the LESO Program.
3) Receive and recommend approval or disapprove LEA applications for
participation in the LESO Program. The State Coordinators have sole discretion
to disapprove LEA applications on behalf of the Governor of their State. The
LESO should be notified of any applications disapproved at the State Coordinator
level. The State Coordinator will only forward and recommend certified LEAs to
the LESO that are government agencies whose primary function is the
enforcement of applicable Federal, State, and local laws and whose compensated
officers have the powers of arrest and apprehension. The LESO retains final
approval / disapproval authority for all LEA applications forwarded by State
Coordinators,
4) Ensure LEAs enrolled in the LESO Program update the LEAs account information
annually (accomplished during the FY Annual Inventory in the Federal Excess
Property Management Information System [FEPMIS]).
5) Provide a comprehensive overview of the LESO Program to all LEAs once they
are approved for enrollment. This comprehensive overview must be done within
thirty (30) days and include, verbatim, the information contained in
Paragraph III E of this SPO.
6) Ensure that screeners of property are employees of the LEA. Contractors may
not conduct screening on behalf of the LEA.
7) Ensure that at least one person per LEA maintains access to the FEPMIS.
Account holders must be employees of the LEA.
V. ANNUAL INVENTORY REQUIREMENTS
A. Per the DLA Instructions and Manuals and the DLA MOA, each State and participating LEA
within is required to conduct an annual inventory certification of controlled property, which
includes DEMIL "A" and "Q6" for one (1) year from Ship Date. Annual inventories start on
October I of each year and end November 15 of each year.
B. The State shall:
1) Receive, validate, and reconcile incoming certified inventories from the LEAs.
2) Ensure LEAs provide serial numbers and photos identified during the annual
inventory process for inclusion in the LESO property accounting system for all
controlled property identified in Paragraph III E, small arms and other unique
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items as required.
3) Suspend the LEA as a result of the LEAs failure to properly conduct and/or certify
and submit certified inventories, according to the aforementioned requirements.
C. The LEA shall;
1) Complete the annual physical inventory as required.
2) Provide serial numbers and photos identified in the annual inventory process for
inclusion in the LESO property accounting system for all controlled property
identified in Paragraph III E, small arms and other unique items, as required.
3) Certify the accountability of all controlled property received through the LESO
Program annually by conducting and certifying the physical inventory. The LEA
must adhere to additional annual certification requirements as identified by the LESO.
a. The State requires each LEA to submit certified inventories for their Agency
by November 15 of each year. The Fiscal Year (FY) is defined as October I
through September 30 of each year. This gives the LEA nearly two (2) months
to physically inventory LESO Program property in their possession and submit
their certified inventories to the State Coordinators.
(I) The LESO requires a front or side and data plate photo for
Aircraft and Tactical Vehicles that are serial number controlled,
received through the LESO Program.
(2) The LESO requires serial number photos for each small arm
received through the LESO Program.
b. The LEAs failure to submit the certified annual inventory by November 15 may
result in the agency being suspended from operations within the LESO
Program. Further failure to submit the certified annual inventory may result in
a LEA termination.
4) Be aware that High Profile Commodities (Aircraft, Tactical Vehicles and Small
Arms) and High Awareness (controlled) property are subject to additional controls.
VI. PROGRAM COMPLIANCE REVIEWS
A. The LESO conducts a Program Compliance Review (PCR) for each State that is enrolled in
the LESO Program every two (2) years. The I.ESO reserves the right to require an annual PCR,
or similar inspection on a more frequent basis for any State. The LESO PCRs are performed in
order to ensure that State Coordinators, SPOCs and all LEAs within a State are compliant with the
terms and conditions of the LESO Program as required by 10 USC § 2576a, DLA Instructions and
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Manuals, and the DLA MOA signed by the State.
1) If a State and/or LEA fails a PCR, the LESO will immediately suspend their
operations and will subsequently issue corrective actions (with suspense dates)
to the State Coordinator, which will identify what is needed to rectify the
identified deficiencies within the State and/or LEA.
2) If a State and/or LEA fails to correct identified deficiencies by the given suspense
dates, the LESO will move to terminate the LESO Program operations within the
State and/or LEA.
13. The State shall:
1) Support the LESO PCR process by:
a. Contacting LEAs selected for the PCR review via phone and/or email to
ensure they are aware of the PCR schedule and prepared for review.
b. Receiving inventory selection from the LESO. The LEA POCs shall gather
the selected items in a centralized location to ensure that the LESO can
efficiently inventory the items.
c. Providing additional assistance to the LESO as required, prior to and during
the course of the PCR.
2) Conduct internal Program Compliance Reviews of LEAs participating in the LESO
Program in order to ensure accountability, program compliance and validate annual
inventory submissions are accurate. The State Coordinator must ensure an internal
PCR of at least 5% of LEAs that have a property book from the LESO Program
within his / her State is completed annually. This may result in a random review of
all or selected property at the LEA.
a. The internal PCR will include, at minimum:
(1) A review of each selected LEAs LESO Program files.
(2) A review of the signed State Plan of Operation (SPO).
(3) A review of the LEA application and screener's letter.
(4) A physical inventory of the LESO Program property at each
selected LEA.
(5) A specific review of each selected LEAs files for the following:
DD Form 1348-1 A for each item currently on inventory, small arms
documentation, transfer documents, tum -in documents, inventory
adjustment documents, exception to policy letters (if any), approved
cannibalization requests (if any), and other pertinent documentation as
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required.
b. The State and/or LEA will bear all expenses related to the repossession
and/or tum -in of LESO Program property to the nearest DLA Disposition
Services site.
VII. STATE PLAN OF OPERATION (SPO)
A. The State shall:
1) Identify, establish, and issue minimum criteria to be included in the SPO for the
State and each participating LEA.
2) Establish a State Plan of Operation, developed in accordance with Federal and
State law, and conforming (at minimum) to the provisions of the DLA Instruction
and Manuals and the DLA MOA.
a. The SPO will include detailed organizational and operational authority
including: staffing, budget, facilities, and equipment that the State believes
is sufficient to manage the LESO Program within their State.
b. The SPO must address procedures for making determinations of LEA
eligibility, allocation, and equitable distribution of material, accountability
and responsibility concerning excess DOD personal property, inventory
requirements, training and education, State -level intemal Program
Compliance Reviews (PCR), and procedures for tum -in, transfer, and
disposal.
2) Enter into written agreement with each LEA, via the LESO approved State Plan of
Operation, to ensure the LEA fully acknowledges the terms, conditions, and
limitations applicable to property transferred pursuant to this agreement. The State
Plan of Operation must be signed by the Chief Law Enforcement Official (CLEO),
or assigned designee of the respective LEA, the local Civilian Governing Body
Official and the current State Coordinator.
3) Request that the LESO Suspend or Terminate an LEA(s) from the LESO Program
when an LEA fails to comply with any term of DLA MOA, the DLA Instruction
and Manuals, any Federal statute or regulation, or the State Plan of Operation.
VIII. REPORTING REQUIREMENTS FOR LOST, MISSING, STOLEN, DAMAGED
OR DESTROYED LESO PROGRAM PROPERTY
A. All property Lost, Missing, Stolen, (LMS) damaged, or destroyed carried on a LEA's current
inventory must be reported to the LESO.
1) Controlled property must be reported to the State and the LESO within twenty-four
(24) hours. The aforementioned property may require a police and National Crime
Information Center (NCIC) report submitted to the LESO.
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2) Property with a DEMIL Code of "A" and "Q6" must be reported to the State and
the LESO within seven (7) days.
3) All reports are subject to review by the DLA Office of the Inspector General
(OIG).
B. LESO may grant extensions to the reporting requirements listed above on a case-by-case
basis.
IX. AIRCRAFT AND SMALL ARMS
A. All aircraft are considered controlled property, regardless of DEMIL Code. Aircraft may
not be sold and must be returned to the LESO at the end of their useful life. This State Plan of
Operation ensures that all LEAs and all subsequent users are aware of and agree to provide all
required controls and documentation in accordance with applicable laws and regulations for
these items.
B. LEAs no longer requiring small arms issued through the LESO Program must request
authorization to transfer or turn -in small arms. Transfers and tum -ins must be forwarded and
endorsed by the State Coordinator's office first, and then approved by the LESO. Small Arms
will not physically transfer until the approval process is complete.
C. Small Arms that are issued must have a documented chain of custody, with the chain of
custody including a signature of the receiving officer indicating that he / she has received the
appropriate small arm(s) with the correct, specific serial number(s). Small Amis that are issued
to an officer will be issued utilizing an Equipment Custody Receipt (ECR); this Custody Receipt
obtains the signature of the officer responsible for the small arm.
X. RECORDS MANAGEMENT
The LESO, State Coordinator, and LEAs enrolled in the LESO Program must maintain all records
in accordance with the DLA Records Schedule. Records for property acquired through the LESO
Program have retention controls based on the property's DEMIL Code. All documents
concerning a property record must be retained.
1) Property records for items with DEMIL, Code of "A" and "Q6" must be retained for
two (2) calendar years from the date the property is removed from the LEA's
property book before being destroyed.
2) Property records for controlled property must be retained for five (5) calendar years
from the date the property is removed from the LEA's property book before being
destroyed.
3) Environmental Property records must be retained for fifty (50) years, regardless of
DEMIL Code (Chemicals, Batteries, Hazardous Material / Hazardous Waste).
4) LESO Program files must be segregated from all other records.
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5) All property records must be filed, retained, and destroyed in accordance with DLA
Records Schedule. These records include, but are not limited to, the following:
DD Form 1348 -IA, requests for transfer, tum -in, or disposal, approved Bureau of
Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 10 and 5, Certificate of
Aircraft Registration (AC Form 8050-3), Aircraft Registration Application
(AC 8050-1) and any other pertinent documentation and/or records associated with
the LESO Program.
XI. LESO PROGRAM ANNUAL TRAINING
A. 10 USC § 380 provides that the Secretary of Defense, in cooperation with the U.S. Attorney
General, shall conduct an annual briefing of law enforcement personnel of each state. The briefing
will include information on training, technical support, equipment, and facilities that are available
to civilian law enforcement personnel from the Department of Defense.
B. The State shall organize and conduct training pertaining to information, equipment, technical
support and training available to LEAs via the LESO Program.
C. The State shall ensure at least one representative (i.e. the State Coordinator or SPDC) attend
the annual training that the LESO conducts.
XII. PROPERTY ALLOCATION
A. The State Shall:
1) Provide the LEA with a website that will afford timely and accurate guidance,
information, and links for all LEAs who work, or have an interest in, the LESO
Program.
2) Upon receipt of a valid State / LEA request for property through the DLA
Disposition Services RTD website, a preference will be given to those applications
indicating that the transferred property will be used in the counter -drug, counter-
terrorism, or border security activities of the recipient agency. Additionally, to the
greatest extent possible, the State will ensure fair and equitable distribution of
property based on current LEAs inventory and justification for property.
3) The State and the LESO reserve the right to determine and/or adjust allocation limits.
Generally, no more than one of any item per officer will be allocated to an LEA.
Quantity exceptions may be granted on a case-by-case basis by the LESO.
Currently, the following quantity limits apply:
a. Small Arms: one (1) type for each qualified officer, full-time / part-time;
b. HMM%Ws: one (1) vehicle for every three (3) officers;
c. MRAPs: one (1) vehicle per LEA.
4) The State and the LESO reserve final authority on determining the approval and/or
disapproval for requests of specific types and quantities of excess DOD property.
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B. The LEA shall:
1) Ensure an appropriate justification is submitted when requesting excess DOD
property via the LESO Program and will ensure LESO Program property will be
used for the law enforcement activity and for law enforcement purposes only within
his / her State and agency.
2) When requesting property, provide ajustification to the State and the LESO on how
the requests for property will be used in counter -drug, counter -terrorism, or border
security activities of the recipient agency. Additionally, the LEA should be fair and
equitable when making requisitions based on current LEA inventory and the
justification for property. Generally, no more than one of any item per officer will
be allocated.
3) Ensure screeners of property are employees of the LEA. Contractors may not
conduct screening on behalf of the LEA.
4) Obtain access to FEPMIS to ensure the property book is properly maintained, to
include but not limited to transfers, turn -ins, and disposal requests and to generate
these requests at the LEA level and forward all approvals to the State for action.
S) Ensure at least one person per LEA maintains access to FEPMIS. FEPMIS account
holders must be employees of the LEA.
XIII. PROGRAM SUSPENSION & TERMINATION
A. The State and LEA are required to abide by the terms and conditions of the DLA MOA in
order to maintain active status.
B. The State shall:
1) Suspend LEAs for a minimum of sixty (60) days in all situations relating to the
suspected or actual abuse of LESO Program property or requirements and/or
repeated failure to meet the terms and conditions of the DLA MOA, Suspension
may lead to TERMINATION.
2) The State and/or the LESO have final discretion on reinstatement requests.
Reinstatement to full participation from a suspension and/or termination is not
automatic.
3) In coordination with the LESO, issue corrective action guidance to the LEA with
suspense dates to rectify issues and/or discrepancies that caused suspension and/or
termination.
4) Require the LEA to submit results regarding all completed police investigations
and/or reports regarding lost, missing, stolen and/or damaged LESO Program
property, to include the LEAs Corrective Action Plan (CAP).
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5) Suspend or terminate an LEA from the LESO Program if an LEA fails to comply
with any term of the DLA MOA, the DLA Instruction and Manuals, any Federal
statute or regulation, or the State Plan of Operation.
a. In the event of an LEA termination, the State Coordinator will make every
attempt to transfer the LESO Program property of the terminated LEA to an
authorized State or LEA, as applicable, prior to requesting a tum -in of the
property to the nearest DLA Disposition Services location.
b. In cases relating to an LEA termination, the LEA will have ninety (90) days
to complete the transfer or tum -in of all LESO Program property in their
possession.
C. The LEA shall:
l) Notify the State Coordinator's office and initiate an investigation into any
questionable activity or actions involving LESO property issued to the LEA that
comes to the attention of the CLEO, and is otherwise within the authority of the
Governor / State to investigate. LEAs must understand that the State Coordinators,
acting on behalf of their Governor, may revoke or terminate their concurrence for
LEA participation in the LESO Program at any time, and for any reason.
2) Understand that the State may suspend LEA(s) and/or LEA POC(s) from within their
State, based upon their findings during internal Program Compliance Reviews and/or
spot checks at the State level.
3) Initiate corrective action to rectify suspensions and/or terminations placed upon the
LEA for failure to meet the terms and conditions of the LESO Program.
4) Be required to complete and submit results regarding all completed police
investigations and/or reports regarding lost, missing, stolen and/or damaged LESO
Program property. The LEA must Submit all documentation to the State and the
LESO upon receipt.
5) Provide documentation to the State and the LESO when actionable items are
rectified for the State and/or LEA(s).
6) The LEAs Chief Law Enforcement Official must request reinstatement as required,
via the State Coordinator or SPOC(s), to full participation status at the conclusion of
a suspension period.
XIV. COSTS & FEES
1) All costs associated with the transportation, turn -in, transfer, repair, maintenance,
insurance, disposal, repossession or other expenses related to property obtained
through the LESO Program is the sole responsibility of the LEA. In the event an
agency is dissolved or disbanded and no civilian governing body exists, the costs
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associated with the transportation and tum -in of all property in the possession of the
dissolved or disbanded LEA then becomes responsibility of the State.
XV. NOTICES
Any notices, communications, or correspondence related to this agreement shall be provided by E-
mail, the United States Postal Service, express service, or facsimile to the State Coordinators office
or cognizant DLA office. The LESO may, from time to time, make unilateral modifications or
amendments to the provisions of this SPO. Notice of these changes will be provided to State
Coordinators in writing. Unless State Coordinators take immediate action to terminate this SPO
in accordance with Section XVIII, such modifications or amendments will become binding. In
such cases, reasonable opportunity will, insofar as practicable, be afforded the State Coordinator
to conform changes affecting their operations.
XVI. ANTI -DISCRIMINATION
A. By signing this SPO, or accepting excess DOD personal property under this SPO, the State
pledges that it and each LEA agrees to comply with applicable provisions of the following
national policies prohibiting discrimination:
1) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of
1964 (42 USC 2000d et seq.) as implemented by DOD regulations 32 CR Part 195.
2) On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq) as
implemented by Department of Health and Human Services regulations in 45 CFR
Part 90.
3) On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93-
112, as amended by the Rehabilitation Act Amendments of 1974, P.L. 93-516 (29
USC 794), as implemented by Department of Justice regulations in 28 CFR Part 41
and DOD regulations at 32 CFR Part 56.
B. These elements are considered the minimum essential ingredients for establishment of a
satisfactory business agreement between the State and the DOD.
XVII. INDEMNIFICATION CLAUSE
The LEA is required to maintain adequate insurance to cover damages or injuries to persons or
property relating to the use of property issued under the LESO program. Self-insurance by the LEA
is considered acceptable. The U.S. Government and the Texas Department of Public Safety
assumes no liability for damages or injuries to any person(s) or property arising from the use of
property issued under the LESO program. It is recognized that State and local law generally limit
or preclude State Coordinators / LEAs from agreeing to open-ended indemnity provisions.
However, to the extent permitted by State and local laws, the LEA shall indemnify and hold the
U.S. Government and the Texas Department of Public Safety harmless from any and all actions,
claims, debts, demands, judgments, liabilities, cost, and attorney's fees arising out of, claimed on
account of, or in any manner predicated upon loss of, or damage to property and injuries, illness or
disabilities to, or death of any and all persons whatsoever, including members of the general
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public, or to the property of any legal or political entity including states, local and interstate
bodies, in any manner caused by or contributed to by the LEA, its agents, servants, employees, or
any person subject to its control while the property is in the possession of, used by, or subject to
the control of the LEA, its agents, servants, or employees after the property has been removed
from U.S. Government control.
XVIII. TERMINATION
A. This SPO may be terminated by either party, provided the other party receives thirty (30) days'
notice, in writing, or as otherwise stipulated by Public Law.
B. The undersigned State Coordinator, Chief Law Enforcement Official and Civilian Governing
Body Official hereby agree to comply with all provisions set forth herein and acknowledge that
any violation of the terms and conditions of this SPO may be grounds for immediate termination
and possible legal consequences, to include pursuit of criminal prosecution if so warranted.
XIX. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last
date written below.
Sheriff Christopher C. Kirk
Type/ Print Chief Law Enforcement Official Name
Sheriff, Constable
(`'. a7os-201-b
Cfiief Law En or ment Official i nature Date (MM/DD/YYYY)
County Judge Duane Peters
Type/Print Civilia ing Body Authorized Official
Zr, ity Manage , ounty Judge etc)
CGB Authorized Official Signature Date (MM/DD/YYYY)
Mike Lesko
Type / Print State Coordinator Name
State Coordinator Signature Date (MM/DD/YYYY)
14
Version June, 2018
DEFENSE LOGISTICS AGENCY
DISPOSITION SERVICES
74 WASHINGTON AVENUE NORTH FOR LESO USE ONLY
i BATTLE CREEK, MICHIGAN 490373092 E]New Application
Law Enforcement Support Office (LESO)
Application for Participation / Authorized Screeners Letter E] Updated Application
(This form Is for store/tocol Law Enforcement Agencies only)
'Originating Agency Identifier (ORI( Number XQ21 QQQQ I
• Indicates Required Fields ��___,—J
SECTION 1:
r—'__.—.—_--_--
'AgenryName:'Brazos County Sheriffs Office Agency ooDAAc (if Known)
•Agency Physical Address L1700 W -SH 21 I'C1ryLB an
•State: TX •np Cade:77$03]Email: house brazoscountytx ov 1'Phone x:(979)361-4949 iFax x:
I ---I , 9_..--- ��... --- — 9 - --- ._.__ ... - -- --
Agenry MUST have at least 1 full-time officer to participate In the program. Indicate the number of compensated officers with arrest and apprehension
authority; ----_'I "_-'
•P.11 -time: 1 (]3 •Part-time: Q
RTD Screener - RTD Screeners must be employed by the aforementioned LEA. Individuals identified below may request access to act as an
authorized "RTD Screener" on behalf of this Law Enforcement Agency. Agency MUST hove at least 1 RTD Screener.
,Training Coordinator/Se-rg—eant -- Garrett L House j
— — ---- -- - —
'xl
*Official Title/Rank _ 'First Name 'Last Name
9 C� y9
house brazoscount tx ov :1979-361-4949 l�Ali
- - -- — , --- ---- -- --"-- -- --- —--- -- ----
•cm.n -Phone Number POC(Aircraft/Small Arms/Vehicle)
(Chief Deputy f [W. James _ _ _ _ l8tewart
I..---------._�_...----
x2 -Official Title/flank First Name Last Name
!Lieutenant
p1----- 'Ofxclal Title
pa 'Official
luntytx.gov
-361-4992 JIAII
'Email
-Phone Number POC (Aircraft/Sm
Sean
f McCarroll
Rank
-First Name 'Last Name
Ountytx.gov
i�979-361-4983 All
•Emall—
_ _
-Phone Number POC(Aircraft/Sm
�—
Rank
•First Name 'Last Name
1I'I
as 'Official Title/Rank
-First Name *Last Name
pg
'Official Title Rank *First Name 'last Name
Emall .
- ' Phone Number POC (Aircraft/Small Arms/Vehicle)
pT •Offldal Title Rank First Name Last Name
-Email 'Phone Number POC(Aircraft/Small Arms/Vehicle)
pg
-Official Title/Rank 'first Name _ -Last Name
Email 'Phone Number POC (Alrcrak/Small Arms/Vehicle)
Page 1 of 2
Vol. ?zi� Pg.
(Application Version: Oct 31, 2017)
SECTION 2:
RESERVED FOR LAW ENFORCEMENT AGENCY USE ONLY -
Law Enforcement Agency/Activity, - The LESO Program defines this as a Governmental agency whose primaryfunction is the enforcement of applicable
Federal, State and Local laws and whose compensated Law Enforcement officers have the powers of arrest and apprehension.
I certify that my agency meets the definition of a "Law Enforcement Agency/Activity" as described above. I certify that all Information
Dcontalned In this application Is valid and accurate. I understand that I must provide my State Coordinator an application to update my agency
participant Information if the following Information changes: 1. Chief Law Enforcement Official (CLEO) changes, 2. Agency physical address
changes or 3. RTD Screener ad ditto ns/deled ons.
1 am signing this document as the CLEO of this law enforcement agency.
-(Check only one): 'a•vi in my official position or as Acting/Interlm, I am authorized to sign documents on behalf of the CLEO for this agency,
�J If checked, please provide current department policy or Memorandum that provides such signature authority to the
Individual holding that official position.
///��t
/ BY INITIALING THE BOX BELOW, LEA's CERTIFY THEY WILL COMPLY WITH 10 U.S. CODE 2576a FOR ALL CONTROLLED EQUIPMENT.
6e,1/ I certify with the authorization of the relevant local governing body or authority, that my agency has adopted publically available
r / 1
T6/ _ protocols for the appropriate use of controlled property, the supervision of such use, and the evaluation of the effectiveness of such use,
int{ill Pere Including auditing and accountability policies; and that It provides annual training to relevant personnel on the maintenance, sustainment,
and appropriate use of controlled property.
By signing this application, I certify under penalty of perjury that the foregoing Is true and correct.
Making a false statement may result In judicial actions or prosecution under Ig 115p§ 1001. 1,
)Sheriff Brazos Countystopher C. Kirk %
— -- — - --- — 1 L---
com
SECTION 3:
RESERVED FOR STATE COORDINATORS OFFICE USE ONLY
As the State Coordinator/ State Point of Contact it has been determined that the agency meets the definition of a "Law Enforcement
Agency/Activity" as described In section 2. 1 certify that all information contained In this application is valid and accurate,
Mike Lesko
—aPRINTED NAME FIRST&LAST -SIGNATURE O�-A
SECTION 4:
RESERVED FOR LE50 USE ONLY
NOTICE FOR OLA DISPOSITION SERVICES PERSONNEL: Regulatory guidance outlining Screener Identification and Authorization must be accomplished in
accordance with DOD 4160.21-M, Volume 3, Enclosure 5, Section 3 (k). in accordance with the aforementioned reference, the LESO Program authorizes the
Individuals Identified in Section 1 of this form to screen excess property at your facilities as authorized participants In the LESO Program. This authorized
screener letter supersedes all previously issued screener letters for this Law Enforcement Agency/Activity and is valid only on or after the date signed by
authorized LESO signatory. Only two individuals authorized to screen per visit; however, additional personnel may assist receiving material previously screened
and approved for transfer.
This agency is authorized to screen Items via the LESO Program under authorized Agency DODAAC:
'LESO Authorized Signatory:
LESO Notes:
-SIGNATURE
'Screener letter Is valid one year from this date:
Page 7 of 2 (Application Version: Oct 31, 2017)
Vol. � pg. c�
CEJ
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC.
THIS AGREEMENT FOR FUNDING (°Agreement") IS ENTERED INTO BY AND
BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County
Commissioners (hereinafter "County"), and the BRAZOS MATERNAL & CHILD HEALTH
CLINIC, INC. (hereinafter "Provider"), located at 3370 South Texas Avenue, Suite G,
Bryan, Texas 77802, and is effective October 1, 2017.
RECITALS:
WHEREAS, Chapter 61 of the Health & Safety Code provides for Texas counties
not served by a public hospital or hospital district to be the payor of last resort for basic
health care for eligible indigent county residents; and
WHEREAS, Section 61.028 of the Health & Safety Code observes that basic
services Includes family planning, laboratory, skilled nursing, physician and inpatient and
outpatient hospital services; and
WHEREAS, the County is interested in promoting such care through the Provider
which provides all or part of such basic services;
NOW THEREFORE the parties above agree to provide such indigent health care
under the following terms and conditions.
AGREEMENT
TERM
This Agreement shall continue in force and effectfora tern of approximatelytwelve
(12) months commencing on the 1st day of October 2017 and terminating 30th day of
September 2018.
CANCELLATION
This Agreement may be canceled by any of the parties hereto upon sixty (60) days
written notice as provided herein.
SERVICES TO BE PERFORMED BY PROVIDER
Provider shall provide the following services through trained, salaried staff to
pregnant women who qualify for such services pursuant to the guidelines currently
implemented for making such determination: interviews, lab work, physical exams,
educational information and medicine as needed (collectively, "Services").
Brazos Maternal & Child Heallh Clinic Agreenrent Page 1 of 5
Vol. Pg. ��—
USE OF COUNTY FUNDS
Funds to be fumished to Provider as stated below shall be used pursuant to the
County's authority as set forth in Chapter 61 of the Texas Health & Safety Code.
COUNTY'S PAYMENT
The County agrees to fund the Provider the sum of $ 23.153.42 ("Funds") for the
term of this Agreement.
RESPONSIBILITIES OF PROVIDER
Provider will be responsible for providing the following Services pursuant to this
Agreement:
1. All necessary application forms to potentially eligible individuals.
2. Obtaining and compiling information on each applicant for Provider Services
with regard to residency and financial qualifications.
3. Maintaining this Agreement.
4. Providing of the Provider's Services.
5. Maintaining data files an clients and the Services provided thereto.
6. Respond to all and any inquiries by the Countyregarding the Providerand its
Services.
7. Provider 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. Provider 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. Provider 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.
Provider agrees that 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 the Provider
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 the
Brazos Maternal & Clidd Health Clinic Agreement
Eril
. Pg.
Page 1 ojs
Provider.
8. Provider will provide financial statements to the County Auditor evidencing
how County funds are spent. Such statements to be submitted to County
one week prior to the funding dates set forth herein above.
9. Provider will provide the County with any and all certified audits of Provider
and the management letter prepared in connection therewith.
10. Provider will provide the Court with statistics evidencing the number of
Brazos County residents using the Provider's Services and the percentage
Brazos County residents comprise of the total population using Provider's
Services.
RECORD RETENTION
The Provider shall be responsible for record keeping on all Services provided to
those individuals using its Services and all financial records of the Provider. The Provider
agrees to maintain and make available for inspection by the County upon request
consistent with personal privacy and subject to the limitation of state law, any and all
records the County determines, in its sole discretion, to be necessary for the Court to justify
its continued participation in supporting the Provider with funding. Such records shall be
retained for at least three (3) years from the date the service was provided. These records
shall be made available for inspection and audit by the County, if requested.
DISCRIMINATION
The Provider shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Provider shall
take affirmative action to ensure that applicants who are employed are treated during
employment, without regard to their race, color, religion, sex, or national origin. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion,
or transfer, recruitment or recruitment advertising; layoff or termination; rated of pay or
other fortis of compensation; and selection for training, including apprenticeship. The
Provider agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
INDEMNITY
The parties hereto agree to indemnity one another for and hold one another
harmless from and against all suits, claims, demands, liabilities or actions resulting or
alleged to result from the breach, violation or non-performance of the Services stated
herein and for any damage to any person resulting from any act or omission or negligence
on the part of each party hereto.
Brazos Maternal & Child Heald, Clinic Agreement Page 3 of
va./_ Pg. �8
INSURANCE
The parties hereto agree that the Provider shall be an independent contractor and
not any employee or agent of the County and that each shall maintain at its own expense,
adequate liability insurance to insure against damages and liabilities which may arise due
to the duties and obligations contracted for herein.
COUNTY INVOLVEMENT
The County and Provider state that to the best of their knowledge, no officer, agent
or employee of the County who exercises any function or responsibility in connection with
the carrying out of this Agreement or the Services to which it relates has personal interest,
either director indirect, In this Agreement.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the State
of Texas.
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by
delivering such notice or by mailing it, registered mail to the other party at the following
addresses:
BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC.
3370 South Texas Ave, Suite "G"
Bryan, Texas 77802
BRAZOS COUNTY COMMISSIONERS COURT
200 So. Texas Avenue, Suite 310
Bryan, Texas 77803
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver any
further documents, which may be necessary to carry out the provisions of this Agreement.
NO WAIVER OF IMMUNITY
The parties expressly agree that no provision of this Agreement is in any way
intended to constitute a waiver or any immunities from suit or from liability by Brazos
County has by operation of law. Nothing in this Agreement is intended to benefit any third
party beneficiary.
Brazos Maternal & Child Health Clinic Agreement Page 4 oj5
Va. Pg.
SEVERABILITY
In the event that any of the provisions or portions thereof, of this Agreement, are
held to be unenforceable or invalid by any court of competent jurisdiction, the validity and
enforceability of the remaining provisions or portions thereof shall not be affected thereby.
ASSIGNABILITY
This Agreement is not assignable by the Providerwithout the priorwritten consent of
the County. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties hereto
concerning the subject matter contained herein. There are no representations,
agreements, arrangements, or understandings, oral or written, between or among the
parties hereto, relating to the subject matter of the Agreement, which are not fully
expressed herein.
Executed in duplicate, each of which shall have the full force and effect of an
original. _
DATED this day of u 2018•
Brazos County
By:
Duane Peters, Brazos County Judge
Brazos Maternal & Child Health Clinic, Inc.
By: , � l -i
Lyn eager, Exec ve Di ctor
ATTEST.
By'
aren McQueen, Brazos County Clerk
Orn_as Afutenraf R Clidd llealih Caic dgreonrear
Page S of 3
FVol�
. Pg. �D
CERTIFICATE OF INTERESTED PARTIES -- _ _ _ _ FORM_ 1295
loll
Complete Nos 1-4 and 6 If there are Interested patties.
Complete Nos. 1, 2, 3, S. and 6 I there are no Interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
certificate18S Number:
Dare Flied:
07/0312018
Date Acknowledged:
1 Name W business entity filing form, and the city, state and country of the business entity's place
of business,
Brazos Maternal & Child Health Clinic, Inc (The Prenatal Clink)
Bryan, TX United States
2 Name of governmental en or state agency that is a party to the contract for which the form is
being filed.
Brazos County, TX
3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract
1B-142
services through trained, salaried staff to pregnant women who qualify for such srvices pursuant to the guidelines currently
Implemented for m dng such determination Nature of interest
4 Name of interested Party City, State, Country (piece of business) (check applicable)
Controlling Intermediary
6 Check only if there Is NO Interested Party,
6 UNSWORN DECLARATION 2n
My name is I� n11 l ' �n .and my date of birth Is /i o'� ! ��3
My address is �� �S '�"`-' `""' G Ix 1 � l'
(s aq ( ! (watel (urcoda! f=Mnl
1doy� e �So� `fin ncj 1 A l fru ,Maui TZ �� 0A, to ��
1 declare under penalty of perjury that the foregoing is true and coned
ju, 20
State of %� on the ay of_B_•
Executed in r 0 Y AAW Caunry, ,
(moNh) (year)
r�rf �y 1
I izs s/A lI /F/ti
5' nature o(authorized male racungbusiness entity
(0edawnQ
......... .0.6711
Forms provided by Texas Ethics COMMISMun
Vol. . %(a Pg .
��
ODYSSEYWARE AND ODYSSEYWARE ACADEMY
STANDARD TERMS AND CONDITIONS
These Standard Terms and Conditions ("Terms") are incorporated into and made part of the License
Agreement signed by Company and Customer ("Agreement") and constitute a binding legal agreement
between the parties for Customer's use of the Products and/or Service. Capitalized terms not otherwise
defined in these Terms have the meaning assigned to them in the Agreement. These Terms are effective
as of the date of full execution of the Agreement. If the Agreement indicates the Service includes
Odysseyware, the Odysseyware Addendum attached hereto is incorporated hereby. If the Agreement
indicates the Service includes Odysseyware Academy, the Odysseyware Academy Addendum attached
hereto is incorporated hereby. If the Agreement indicates the inclusion of Products such as Content
Provider, the Odysseyware Curriculum Addendum attached hereto is incorporated hereby.
1. SERVICE. The "Service" as indicated in the Agreement is Odysseyware (Company's proprietary
intemet-based learning management system and curriculum including academic core curriculum content
for grades 3-12 (Social Studies/History, Science, Math, Language Arts), electives, placement testing,
CRx, prescriptive and GED prep course, and all of its components) and/or Odysseyware Academy
(Company's proprietary intemet-based educational, instructional, and support service, including
curriculum, teacher grading services, academic support, technical support, and program support for
School leadership). The Service expressly includes all data, software, technology, animation,
photographs, graphic, audio and visual files, text, platforms, documentation, and other materials related
thereto.
2. PRODUCTS. The "Products" are Content Provider and the Odysseyware courses.indicated in_the
Agreement including all curriculum and assessments thereof provided by Company. The Products
expressly include all data, software, technology, animation, photographs, graphic, audio and visual files,
text, documentation, and other materials related thereto
3. ONLINE LEGAL NOTICE. Use of the Service and users of the Service are subject to and governed
by the End User License Agreement and Privacy Policy posted on the Service website (collectively,
"Legal Terms"), as may be amendedfrom time to time by Company. Inthe event of a conflict between
the terms of the Legal Terms and the Agreement, the Agreement will control.
4. TERM. The term of the Agreement begins on the Start Date and ends on the End Date ("Term") and
Customer only has the right to use the Products and/or Service during the Term. The Term will be
extended for additional one (1) year (or other duration stated in the invoice) renewal terms upon
Company's issuance of an invoice for extension and either: (a) payment for such invoice by Customer or
(b) Customer's continued accessing and use of the Products and/or Service.
5. GRANT OF RIGHTS. Subject to the terms of the Agreement and upon payment in full of all required
fees:
a. Company grants Customer a limited, non-exclusive, non -transferable license to utilize the Service
only with Customer's students, administrators, faculty, and staff (collectively, "Authorized Users").
Customer's rights are limited to accessing the Service via the internet for the number of fully paid
Authorized Users hereunder.
b. Company grants Customer a limited, non-exclusive, non -transferable license to incorporate the
Products in the learning management system selected by Customer and to grant access thereby only to
Brazos County ISD Page 1 of 10
Vol. Y Pg. ��
07.11.18
N
Customer's Authorized Users. Customer's rights are limited to utilizing the Products via the internet
solely with Company's Authorized Users.
c. Customer will not assign or sub -license any of its rights hereunder.
6. FEES. Customer will pay all amounts as stated and in accordance with the details of the Agreement.
Fees may be altered by Company following the End Date. Customer will always pay in full any Company
invoice according to the terms stated on the invoice. Company may discontinue Customer's access to or
use of the Products or Service, without prior notice, if Customer fails to make any payment due Company
within thirty (30) days of the applicable due date.
7. OWNERSHIP. 'Phe Products and Service and all associated materials are the solely -owned or legally
licensed property of Company. The Products and Service are licensed, not sold, to Customer under the
Agreement. Remuneration paid for access to and use of the Products and/or Service is a license fee for
use. Company does not sell any title, ownership right, or interest in or to the Products or Service.
Customer's rights are limited to a non-exclusive, non -transferable, limited license to use the Products
andfor Service according to the terms of the Agreement. Company reserves and retains all right, title, and
interest (including copyrights, patents, trademarks, service marks, and other intellectual property rights)
in, to, and associated with the Products and Service including rights to any derivative works that result
from Customer's use of the Products and/or Service.
8. TRAINING. If so indicated in the Agreement, Company will provide orientation and training to
Customer's staff and employees following payment to Company of the training fee(s) stated in the
Agreement. Customer must use the Training during the Term for which the Training was originally
ordered. Training will include instruction on utilization of the Products and/or Service for prescribed
purposes and responses to questions from Customer's staff and employees. Any Customer cancellation or
postponement of a scheduled Training requires notice to Company in writing (email acceptable) at least
forty-eight (48) hours before the scheduled Training. Failure to provide such notice will result in
Customer's forfeiture of the Training or payment of additional fees to reschedule the Training. If
Customer believes there to be any deficiency in training, Customer must specify its concerns in writing to
Company within thirty (30) days after the completion of the training. Failure to submit such notice will be
deemed full acceptance by Customer of the training.
9. WARRANTIES AND REPRESENTATIONS. Customer hereby warrants and represents that:
a. Customer has the legal right and is duly authorized to enter into the Agreement and no part of the
Agreement conflicts with any other agreements or obligations binding or applicable to Customer.
b. Customer will promptly and completely install, use, test, and inspect the Products and/or Service
and advise Company in writing of any inadequacies or shortcomings within one hundred twenty (120)
days from the date that access to the Products and/or Service is first provided.
e. Customer will utilize the Products and/or Service only as expressly permitted by the Agreement.
d. Customer will not do any actor thing or fail to do any actor thing, or permit or allow any other
party to do any act or thing or fail to do any act or thing, that could harm or diminish Company's rights in
or to the Products and/or Service, including the copyrights, trademarks, and intellectual property therein.
e. Customer will not make topics of, distribute, or permit any use of the Products and/or Service, or
any related intellectual property, other than as specifically authorized by the Agreement.
I. Customer acknowledges and agrees that there will be times when access to the Products and/or
Service may be limited or interrupted and that any such lack of access, regardless of timing, is not a
breach of the Agreement.
g. Customer will not, nor permit or allow any other party to, reverse engineer or otherwise analyze,
reconstruct, disassemble, or reproduce any portion of the Products and/or Service in any way.
Brazos County ISD Page 2 of 10
07.11.18
h. Customer will furnish, at its sole expense, all computer and network hardware and software with
adequate system configuration and maintenance and adequate internet service to operate the Products
and/or Service.
i. Customer will assume the entire risk as to the quality, results, and performance of the Products
and/or Service as well as the entire risk and cost of all service, repair, or correction to Customer's
hardware or software related to the use of the Products and/or Service.
j. Customer has followed all applicable procurement and governance statutes, policies, procedures,
and/or regulations necessary to enter into the Agreement.
k. As an educational service provider, Company is not subject to the Individuals with Disabilities
Education Act ("IDEA") and will not be a party to any individualized education program (IEP) prepared
by Customer. Customer is solely responsible for ensuring that any student with a disability receives
appropriate education as required by IDEA and receives any and all accommodations, supports, and/or
services necessary to utilize the Products and/or Service. Upon the mutual written agreement of the
parties, Company will make reasonable efforts to facilitate students' with disabilities utilization of the
Service, if not changing the fundamental nature of the Products and/or Service or resulting in undue
administrative hardships or costs.
10. TECHNICAL SUPPORT AND OPERABILITY. Company will provide Customer with technical
support for the proper and intended use of the Products and/or Service subject to Customer's payment in
full of all amounts due Company and so long as Customer is not in breach of the Agreement. The
following issues are not covered by Company technical support and Customer will not rely on any
statements made on the following technical support matters or any other matter other than proper and
intended use of the Products and/or Service:
a. Network issues including internet connectivity or speed, internet service providers, online service
providers, spyware, viruses, malware, faulty communications, etc.
b. Hardware issues including switches, hubs, modems, routers, firewalls, computers, etc.
c. Infrastructure issues including power, electrical, cable, internet connection, etc.
d. Issues related to Customer's use of third party software that are not caused by or related to the
Service, as determined by Company in Company's sole discretion.
11. DISCLAIMER.
a. Company makes no representation or warranty express or implied concerning the compatibility or
operability of the Products or Service with any particular operating system or software. Company is not
responsible or liable for any hardware failure, operating system or software conflict, server or security
issue, or any other condition compromising or interfering with the operability or functioning of the
Products or Service.
b. THE PRODUCTS AND/OR SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY
OF ANY HIND. COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE
PRODUCTS AND/OR SERVICE, EXPRESS, I,MPLIED, OR STATUTORY, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON -
INFRINGEMENT OF THIRD PARTY RIGHTS.
c. COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS THAT THE PRODUCTS AND/OR SERVICE ARE FREE OF ERROR OR
WILL MEET CUSTOMER'S NEEDS OR REQUIREMENTS, WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED, OR THAT THE PRODUCTS OR SERVICE WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
Brazos County ISD Page 3 of 10 07.11.18
Vol. P9. int
f
d. The disclaimers set forth in these Terms supersede any and all statements, information, or
demonstrations, oral or written, by Company, its representatives, dealers, distributors, agents, or
employees. No statements that are not set forth expressly and specifically in this Agreement will create a
warranty or in any way increase the scope of this Agreement and Customer may not rely on any such
information, advice, suggestions, or recommendations.
12. LIMITATION OF LIABILITY. COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND ASSIGNS,
AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND
EMPLOYEES, WILL NOT BE LIABLE TO CUSTOMER, AUTHORIZED USERS, OR ANY THIRD
PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
INCLUDING DAMAGES FOR LOSS OF FUNDS OR PROPERTY, BUSINESS INTERRUPTION,
LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY OTHER HARDSHIP, DAMAGES,
OR LOSSES ARISING OUT OF OR RELATED TO: THE USE OR INABILITY TO USE THE
PRODUCTS OR SERVICE, HOWEVER CAUSED; UNAUTHORIZED OR ACCIDENTAL ACCESS
TO OR ALTERATION OF DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR
ANY MATTER RELATING TO THE USE OF THE PRODUCTS OR SERVICE; AND EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S
ENTIRE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT
ACTUALLY RECEIVED BY COMPANY FROM CUSTOMER.
13. TERMINATION.
a. The Agreement and any and all rights to access or use the Products and/or Service will terminate
upon: (i) expiration of the Tern if either party notifies the other party in writing at least thirty (30) days
before the expiration of the Term that it will not be extended; (ii) mutual written agreement of the parties;
or (iii) notice of termination to a breaching party following a material, uncured breach hereof.
b. Upon termination, Customer will immediately pay Company any and all amounts due. No
refunds, whether prorated or otherwise, will be due Customer hereunder unless specifically agreed upon
by the parties in writing.
c. Upon termination, Customer and all Authorized Users will discontinue access to and use of the
Products and/or Service and all rights granted to Customer and Authorized Users under the Agreement
will revert to Company.
d. Within thirty (30) days of termination, at Customer's sole cost and expense, Customer will
irrevocably and entirely delete and ensure the deletion of all Product and Service components and
materials, and any and all copies thereof, within the possession or control of Customer or Authorized
Users, in whatever form then existing, including translations or compilations, whether partial or complete,
and whether or not modified or merged into other software. Company has the right to obtain upon request,
within thirty (30) days of termination, Customer's written statement under oath that all Product and
Service components and materials have been destroyed and deleted, including the names of the person(s)
responsible for the destruction and/or deletion and the date(s) on which it was completed.
14. SUSPENSION. If Customer is in breach of any term of the Agreement, Company may elect to
suspend Customer's access to the Products and/or Service until such breach is cured or the Agreement is
terminated according to its terms.
15. FORCE MA]EURE. If either party's failure to perform under the Agreement is caused by the
unavailability of services or materials, labor disputes, governmental restrictions, or any other
circumstances beyond such party's control, the failure to perform will not terminate this Agreement
unless such failure continues for a period of more than six (6) months, following which either party, at its
option, may terminate the Agreement by written notice to the other party.
Brazos County ISD Page 4 of 10 07.11.18
Vol. a pg. 9�✓
16. ASSIGNMENT. Neither party may assign the Agreement, or any part thereof, without written
permission from the other party, except for the unconditional right of Company to assign or otherwise
transfer the Agreement to any affiliate or any party acquiring a substantial portion of Company's business
or assets.
17. CONTROLLING LAW. The Agreement will be governed by the Uniform Commercial Code and
Texas law. The parties hereby consent to the exclusive jurisdiction of the courts located in Brazos
County, Texas and agree that, in any action arising from or related to the Agreement, the prevailing party
will be entitled to recover its reasonable attorneys' fees and court costs.
18. CONTROVERSIES. The parties agree that as a condition precedent to any parry initiating
any lawsuit to assert a claim for monetary damages arising out of or relating to the Agreement,
such party will first participate in good faith mediation before a mutually agreed upon mediator
in Brazos County, Texas. Resulting mediation fees will be bonze equally by the parties. To the
extent allowed by law, any dispute unresolved after mediation will be decided by arbitration in
Brazos County, Texas and in accordance with the Commercial Arbitration Rules of the
American Arbitration Association. Judgment upon an arbitration decision may be entered in
any court otherwise having jurisdiction.
19. REIMBURSEMENT RIGHTS. To the extent that Company or Customer breaches or allegedly
breaches an obligation, covenant, representation, or warranty to the other party hereunder ("Other Party")
and such breach gives rise to a claim by a third -party against the Other Party, the parties agree that
breaching party ("Responsible Party") will reimburse and be financially responsible to the Other Party for
any and all liabilities, damages, costs, expenses (including reas6aable attorneys' fees and court costs)
demanded, claimed, or obtained by a third -party against the Other Party. This contractual right of
reimbursement will be cumulative and will not be exclusive of any other right or remedy which may be
available.
20. SEVERABILITY. If any provision of the Agreement is found to be void, invalid, or unenforceable,
such provision will be reformed so as to be enforceable or severed and the Agreement with such provision
reformed or severed will remain in full force and effect to the extent permitted by law.
21. WAIVER. No term or provision hereof will be deemed waived and no breach excused unless such
waiver or consent is in writing signed by the party claimed to have waived or consented. A waiver of any
term or condition will not be deemed a waiver of such term or condition for the future, or of any
subsequent breach thereof, nor a permanent modification of such provision or of the Agreement.
22. NOTICE. Any notice hereunder other than regular statements, invoices, or payments will be sent
prepaid to the applicable address stated in the Agreement via certified or registered mail, return receipt
requested, or overnight traceable courier (e.g. FedEx, UPS) and will be deemed delivered upon proof of
receipt. Notices to Company will be Attention: Legal Department with a copy via email to:
legal@glynlyon.com.
glynlyon.com.
23. ENTIRE AGREEMENT. The Agreement constitutes the entire agreement between the parties hereto
regarding the subject matter hereof and supersedes all prior agreements, understandings, promises, and
undertakings, if any, made orally or in writing, by or on behalf of the parties with respect to said subject
matter. Any use of"including" herein means without limitation. No modification, amendment, waiver,
termination, or discharge of any provision hereof will be binding unless confirmed in writing and
Brazos County ISD Page 5 of 10 07.11.18
executed by both parties. Each party has had the time and opportunity to consult legal and professional
counsel of its choice regarding the Agreement. Neither the Agreement nor any uncertainty or ambiguity
herein will be construed or resolved against either party, whether under any rule of construction or
otherwise. On the contrary, the Agreement will be construed and interpreted according to the fair meaning
of the words used so as to accomplish the purposes and intentions of the parties. The Agreement may be
executed in counterparts, including facsimile and email versions, each of which will be deemed an
original and all of which taken together with these Terms will constitute a single instrument.
BRAZOSCOUNTY
GLYNLYON, INC.
M
Charles Mallon
Chief Financial Officer
Brazos County lSl7 Page 6 of
10
Fol.Pg• �—
07.11.18
1. GRANT OF RIGHTS.
a. The quantity of Concurrent Licenses, User Licenses, Site Licenses, and/or Single Course Student
licenses granted hereunder is set forth in the Agreement and in any invoice for extension of the Term that
is fully paid by Customer.
b. A "Concurrent License" means an individual license to access the Service via the internet as
follows: A Concurrent License may be used by any number of Authorized Users but each Concurrent
License may not be used by more than one (1) Authorized User at the same time. The maximum number
of Authorized Users that may access and use the Service at the same time shall be no more than the
number of Concurrent Licenses specified in the Agreement or any fully -paid invoice for an extension of
the Term.
c. A "User License" shall mean a license to access the Service via the internet as follows: A User
License is issued to a single and identified Authorized User and only that Authorized User shall be
permitted to access or use the Service via that User License. Once a User License is assigned to an
Authorized User, it may not be transferred to or used by another Authorized User except if the Authorized
User to whom the User License was initially assigned graduates from, drops out of, transfers out of, or
dis-enrolls from Customer's facility or institution. A User License can be transferred to another
Authorized User as permitted herein no more than once.
d. A "Site License" shall mean a license to access the Service via the Internet as follows: A Site
License allows a group of Authorized Users enrolled with Customer to access the Service. The maximum
number of Authorized Users that may access and use the Service at the same time shall be no more than
the number specified in the Agreement or any fully -paid invoice for an extension of the Term.
e. In addition to and independent of the Concurrent Licenses and User Licenses granted hereunder,
if so indicated in the Agreement, Customer may license individual courses for an Authorized User not
utilizing a Concurrent License or User License ("Single Course Student") upon payment of the per -course
fee specified in the Agreement. Customer may purchase only one (1) course for any Single Course
Student and shall pay the per -course fee in full in advance of Company granting access to the Single
Course Student.
2. CUSTOMIZATION TOOL.
a. Company may provide Customer with access to an application allowing for the creation,
modification, and deletion of portions of Service curriculum ("Customization Tool"). Customer
acknowledges and agrees that any and all content or material Customer modifies with the Customization
Tool ("OW Content") shall be the sole and exclusive property of Company. Customer, for itself and its
Authorized Users, hereby assigns and quit -claims to Company, and waives any and all rights to, any OW
Content.
b. Company acknowledges and agrees that any and all original content created by Customer
with the Customization Tool ("Customer Content") shall be the sole and exclusive property of Customer.
Customer hereby grants Company a non-exclusive, perpetual, worldwide, irrevocable, royalty -free license
to use and exploit all Custom Content in connection with the Service. Customer will reimburse and be
financially responsible to the Company for any and all liabilities, damages, costs, and expenses (including
reasonable attorneys' fees and court costs) demanded, claimed, or obtained by a third -party against
Company for any infringement of rights related to the Custom Content.
c. Customer and its Authorized Users shall not use the Customization Tool in any manner that
could infringe upon any proprietary rights of any party or that could defame, slander, or libel any party, or
to add or provide access to any content that Company deems in its sole discretion to be harmful,
threatening, unlawful, defamatory, infringing, harassing, vulgar, obscene, fraudulent, invasive of privacy
Brazos County ISD Page 7 of 10 07.11.18
Vol. % Pg. if
or publicity rights, hateful, or racially, ethnically, or otherwise objectionable, as determined by Company
in its sole discretion.
d. COMPANY HEREBY DISCLAIMS FOR ALL PURPOSES AND CIRCUMSTANCES
ANY RESPONSIBILITY OR LIABILITY FOR USE OF THE CUSTOMIZATION TOOL
INCLUDING, WITHOUT LIMITATION, THE CONTENTS OF THE CUSTOM CONTENT.
Brazos County ISD Page 8 of 10 07.11.18
EVol.. Pg — -
ODYSSEYNVARE ACADEMY ADDENDUM
1. GRANT OF RIGHTS. Rights are granted to Authorized Users on a "per student, per course" basis.
An Authorized User may only utilize the Service for the courses in which the Authorized User is enrolled.
Company will grade all assignments not automatically graded via the Service; provide Customer with
access to Company teachers via the Service; and document Authorized Users' performance with grade
reports. If an Authorize User does not use the Service for any course(s) within twenty-four (24) months of
Company receiving Customer's purchase order for such course(s), access to such course(s) will be
permanently forfeited.
2. SCHOOL RESPONSIBILITIES. In consideration of Company's provision of the Service, School
will:
a. Provide all necessary on-site supervisory staff at School's sole cost and expense;
b. Ensure that students have the ability to access the Service including all technological and physical
facilities and equipment;
c. Provide all appropriate and/or legally required liability insurance for operating a School, ensure
that said insurance is fully funded, paid for, continual, uninterrupted, and names Company as an
additional or other insured, and provide Company with written proof of such insurance, all at School's
sole cost and expense;
d. Ensure all School's facilities are at all times in compliance with all applicable laws, codes, and
regulations;
e. Comply with all applicable requirements regarding non-public funded educational options
including graduation requirements;
f. Provide academic counseling for students including prescribing course work based upon
transcripts, grade reports, and placement test scores;
g. Provide and account for all student documentation not provided by the Service including
transcripts, grades, attendance records, consent forms, and health records;
h. Obtain registration information and collect tuition fees from all students enrolled in the Service, if
applicable; and
i. Appoint a single, individual, full-time employee to act as its agent hereunder and serve as the
primary contact person for communication with Company regarding the Service ("Partner
Administrator"). School represents and warrants that its Partner Administrator will:
i. Communicate directly with parents of students regarding all applicable Service -related
issues including test results, course assignments, graduation requirements, lesson plans, completion of
daily course work, and study habits. School acknowledges and agrees that Company is not required to
communicate with students' parents or guardians and that such communication regarding relevant issues
is the sole obligation of School and Partner Administrator.
ii. Supervise students' work including proctoring tests, monitoring daily work, ensuring
compliance with lesson plans, setting progress goals, and submitting report forms. Company may block
access to students' work to ensure academic integrity and the Partner Administrator will contact Company
to request student access to such work.
iii. Communicate with Company -designated Partnership Manager at all times to review and
evaluate students' progress, program goals, and other concerns related to the Service.
3. TERMINATION. In the event Customer ceases to provide educational services to Authorized Users
prior to Authorized Users' completion of course work hereunder, Customer will provide to Company
contact information for all Authorized Users' parents and Company may thereafter communicate with
parents regarding Authorized Users' re -enrollment in the Service.
Brazos County ISD Page 9 of 10 07.11.18
I
E.
T P9• �D b
ODYSSEYWARE CURRICULUM ADDENDUM
1. GRANT OF RIGHTS. Rights granted to Customer hereunder are limited to the specific Products
detailed in the Agreement and in any invoice for extension of the Term that is fully paid by Customer.
The Products may only be used by Customer and its Authorized Users. Neither Customer nor any
Authorized User may resell, sub -license, or otherwise grant access to the Products to any other party. No
portion of the Products may be re -used, altered, or adapted for inclusion in any other curriculum, product,
or service. Any modification or alteration of the Products by Customer or an Authorized User is subject to
Section 2 of this Addendum, below.
2. CUSTOMIZATION OF CONTENT.
a. Customer acknowledges and agrees that any and all content or material used, added,
modified, or created through or in connection with the Products ("Custom Content') shall be the sole and
exclusive property of Company. Customer, for itself and its Authorized Users, hereby assigns and quit-
claims to Company, and waives any and all rights to, any Custom Content.
b. Customer and its Authorized Users shall not use the Products in any manner that could
infringe upon any proprietary rights of any party or that could defame, slander, or libel any party, or to
add or provide access to any content that Company deems in its sole discretion to be harmful, threatening,
unlawful, defamatory, infringing, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity
rights, hateful, or racially, ethnically, or otherwise objectionable, as determined by Company in its sole
discretion.
c. COMPANY HEREBY DISCLAIMS FOR ALL PURPOSES AND CIRCUMSTANCES
ANY RESPONSIBILITY OR LIABILITY FOR USE OF THE PRODUCTS INCLUDING THE
CUSTOMIZATION THEREOF.
Brazos County ISD Page 10 of 10 07.11.18
.101.01 % Pg. /o/
Order Form
E) ®idyssey V afire® Quote Number: QUO-02409-G9F2W6
PaEPFflWG5mD:NTSFMC0LUCt CAAF ,1qe. Date: 5/3/2018
300 N. McKemy Avenue, Chandler, AZ 85226 Order Form Expiration Date: 6/2/2018
¢tlri 8/31/2
01939M/1/2018
A.l:
st'.si3s. rtu" ur
Reggie Salyer
rsa�ly;er@odysseyware corn
512-492-5186
Full Odysseyware Library -
20
Per license price includes full Odysseyware library for grades 3-12, LMS, online/phone support, and
~
School:
Brazos County Juvenile Services
Contact: Todd Mckey
Address:
1904 W. Hwy 21
Phone: 9798233544
Address:
Bryan, TX 77803-5359
Email: tmckey@brazoscountytx.gov
Training Contact:
Tadd Mckey Email: tmckey@brazoscountvu.gov Phone: 9798233544
¢tlri 8/31/2
01939M/1/2018
This License Agreement ("Agreement") is entered into between the Customer named above and Glynlyon, Inc. for the provision of the Service described above and is
effective as of the date first stated above. This Agreement is subject to and governed by the Standard Terms and Conditions available at
https://www.odysseyware.com/terms-and-conditions ('Terms"). The Terms are hereby Incorporated and made a part of this Agreement by reference. By its signature
below the Customer accepts all terms and conditions of this Agreement and all contents of the Terms and intends to be bound thereby.
By signing an returm the doe ent, Cu Omer author' acknowledges that Odysseyware will invoice their account the amount identified on the quote,
nlna anv annlic le ales x. in li u of a ourc a his Agreement may be signed in digital format which shall be considered an original.
Signature: Date:
Vol. pg. /O�
A.l:
A concurrent license is based on the number of simultaneous users accessing the program at one time.
Full Odysseyware Library -
20
Per license price includes full Odysseyware library for grades 3-12, LMS, online/phone support, and
Concurrent
updates during 12 -month period.
y�q
mS..e �:.•w .:,a;t 'Ss�i",i i...:.:{'s; "6":�TSI..`r4Y
u. Y,."+„-;S+:+V` IGW:A: ... '�', ..i%.. -.�4'� ln:,.`:�.'.� x i.an�nv ,c.... ,� /My: `�T
$16,250.00
Sales Tax
Total $16,250.00
>drrlgC 1?h- r� ,Sri 'Y;
r?.x,....A�My x.J+..t...... .},..a,.-,3,�L.
..��ss �-
Renewal with updated pricing. Previous renewal $17,500
This License Agreement ("Agreement") is entered into between the Customer named above and Glynlyon, Inc. for the provision of the Service described above and is
effective as of the date first stated above. This Agreement is subject to and governed by the Standard Terms and Conditions available at
https://www.odysseyware.com/terms-and-conditions ('Terms"). The Terms are hereby Incorporated and made a part of this Agreement by reference. By its signature
below the Customer accepts all terms and conditions of this Agreement and all contents of the Terms and intends to be bound thereby.
By signing an returm the doe ent, Cu Omer author' acknowledges that Odysseyware will invoice their account the amount identified on the quote,
nlna anv annlic le ales x. in li u of a ourc a his Agreement may be signed in digital format which shall be considered an original.
Signature: Date:
Vol. pg. /O�
SOLE SOURCE 7 SINGLE SOURCE! NO SUBSTITUTE JUSTIFICATION
Complete this form and submit to Purchasing for Sole Sourcepurchases over $1000.00
REQUISITION ti- Doo 6c�-19 ITEM(S) OdyS$eyN/8f2 COST $ $16,250
T. Check the categorymost applicable'to your requirement:
0✓ Sole Source.. (No other known source or the only source meetingspecifications.)
QSingle Source. (Only the .designated.Suppheris acceptable due to territories, othm.maye)tist)
Other: Please:Sxplain
II. Check the description is) most applicable to,your requirement:
Oltem has scharacteristics upique to a Single manufactureressential to proposed use.
Proprietary repair orreplacemerit item..
Designed into fabricated equipment
F-�Required 'for test and evalhadon.
Emergency acquisition as defined inaCC 262
III.: Defining ItemySupplier uniqueness:
.. .. _.
WhaCarethe.nilnimum;use requirements(¢.g.,opeia[Ingspecsi dimensions; tolerances; accuracy; purity; mliabilility;.usefunite,e[<.)'
Nlililmum.use regti rernents attached.
B. How.are these requirements, critical to your needs?
Use:of this curriculum allows us to offer an accelerated component of.instruction for the stu
'c: What other suppliers wereconsideredendwhywere dieyrejected?-(Brand names and mppuersshculdbespedfied)I
A+;;Edguriuity",.Novahet, Pearson.. Most were more expensive than Odysseyware.as you (
U. Wlty:is this make; model, service, or woplier the only one acceptable?
Ease of use; technical support available, we have the equipment Without having to purcha,,
Preparedly: Todd
AIV
I
.4
U
Dater 513/2018
ODYSSEYWARE is a computer based curriculum. The curriculum allows us to utilize
technology effectively for academic achievement by combining core subject content with
extensive multimedia interaction. Odysseyware is able to provide curriculum for grades 3 — 12
and GED Preparation. The curriculum is also easily used for special education students and
English Language Learners by being able to customize courses or using the text to speech
component in different languages.
Our standards require that we offer courses in the four core subjects as well as electives
and GED. Odysseyware provided these components. The curriculum also had to have an
accelerated component to it as well which Odysseyware offers. The accelerated component allows
us to incorporate credit recovery during the school year and summer. All curriculum materials are
correlated to state standards and are based on proven strategies to easily explain concepts, provide
practical applications, and evaluate student performance. Throughout the multiple units in each
ODYSSEYWARE course, quizzes, projects, and a comprehensive test assess student performance
tied to unit concepts and skills. Not only does this save valuable time for teachers, but it also allows
quick identification of potential areas of concern.
Since beginning to use Odysseyware there have been other computer curriculums that have
become available, however, Odysseyware seemed to best fit our needs based on the at -risk
population we served. Some of the curriculums offer courses by number of students using the
course (ex. one price for 1-50 students for each course), some prices are per course/per student
each student. What I found is as the price drops so does the rigor, content, courses offered, ease
of use, level of support—. It also seemed logical to find a curriculum that worked and continue
with it for consistency. One of the main features to Odysseyware is that they provide curriculum
at the third grade. Most curriculums begin at the junior high level.
Other programs that have been reviewed include A+, Novanet, Odyssey, and The Bridge
School. Pearson was also looked at for their online academic resources. In comparison,
Odysseyware was the product that could offer the most curriculum for our resources, thereby our
choice. At various conferences throughout the year, I continue to look at other.academic
curriculum to determine if Odysseyware still best suits our needs or if it is time to change.
Vol. �
EN9 �—
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos, 1-4 and 6I there are Interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no Interested parties. '.:CERTIFICATION
OF FILING €
Certificate Number:
I Name of business entity filing form, and the city, state and country of the business entity's place _±
of business. `
2018-364065
Glynlyon, Inc.
Chandler, AZ United States
Date Filed:
06/05/2018
Date Acknowledged:
2 Name of governmental entity or state agency that Is a party to the contract for which the form IS
being filed.
Brazos County Schools
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract and provide a
description of the services, goods, or other property to be provided under the contract.
02574553
On-line educational curriculum and Instructional tools for grades K-12.
-- - -
4 Name of Interested PartY
City, State, Country (Place of business),
Nature of Interest
(check applicable)
Controlling
.Intermediary
..
0
5 Check only It there Is NO Interested Party,FRI.
6 UNSWORN DECLARATION -
My name is --1 ' �YZ�S «l ��-� �+�.— -,. and my date of birth is f'-1 r(H.
My address is �_
..
(strool) (city) (State) (zip colo) (muntry)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in �s \���t�``pt1._._..__..___ County, State of�n-t on.lhtrday or'�u20_:_
(month) (year)
- Signature of authorized agent of contracting bits ss angry
(Declarant)-
Forms pro4lded bpTexas Ethics Commission www.ethfcs.state.tx.us Version V1.0.5523
E
%�Pg._ i
DocuSign Envelope ID: 95D47290-6675-44E4-8377-9EE788C472D8
House Bill 89 & Debarment Verification
Brazos County is federally mandated to adhere to the directions provided in the President's
Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and
Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism,
effective 9/24/2001 and any subsequent changes made to it via cross-referencing
respondents/vendors with the Federal General Services Administration's Excluded Parties List
System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of
Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies
that the responding entity and its principals are eligible to participate in this transaction and have
not been subjected to suspension, debarment, or similar ineligibility determined by any federal,
state or.local governmental entity and that Respondent is in compliance with the State of Texas
statutes and rules relating to procurement and that Respondent is not listed on the federal
government's terrorism watch list as described in Executive Order 13224. Entities ineligible for
federal procurement are listed at https://www.sam.gov.
The undersigned affirms the non -debarment statement above, that they are duly authorized
execute this contract.
The company representative below further affirms, that the company submitting this proposal,
under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract.
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or
limit commercial relations specifically with Israel, or with a person or entity doing
business in Israel or in an Israeli -controlled territory, but does not include an action
made or ordinary business purposes; and
2. "Company" means a for-profit sole proprietorship, organization, association,
corporation, partnership, joint venture, limited partnership, limited liability partnership,
or any limited liability company, including a wholly owned subsidiary, majority-owned
subsidiary, parent company or affiliate of those entities or business associations that
exist to make a profit.
Company Name: Glynlyon, Inc., dba Odysseyware
Authorized Company Representative: Charles Mallon
300 N. McKemy Avenue
Chandler, AZ 85226
Contract #: 02574553
Vol. Pg. /0 �°
lb
................
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: CC 2018 - Utility Permit -Wickson
Road and Bridge NUMBER: Creek SUD-MeadowLarkCircle -
1,680' southwest of Scott Lane.
DATE OF COURT MEETING: 7/17/2018
ITEM: Consider and take action on the Wickson Creek Special Utility District tfility permit to
construct a road bore for a 1 inch water line crossing under Meadow Leek Circle 1,680 feet
southwest of Scott Lane. Site is located in Precinct 2.
TO:
Commissioners Court
FROM:
Darrell Kolwes
DATE:
07/09/2018
FISCAL IMPACT:
False
BUDGETED:
False
DOLLARAMOUNT:
$0.00
ATTACHMENTS:
File Name gescri tp ion Tvoe
Utility_Permit _-_Wickson _Creek_SUD_- U6(ty Permit- Wickson Creek SUD-MeadowLarkCircle-
Meadow Lark Circle - Backup Material
_t_680_southwest of_Scott Lane.pdf 1,fi80'southwest of Scott Lana.
PROVED
Duane PCteria
County J1ti1�
1
Vol.
a A,_ P9
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now WICKSON CREEK SPECIAL UTILITY
DISTRICT [company name], hereinafter referred to as "Company" a TEXAS [state]
Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and
hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under,
over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location
described as follows:
Facilitv to Cross Road
Leath of TYPE OF CONSTRUCTION .
Road Name & Block Number Crossin (CtIECK ONE)
Bored Jacked Driven Cased
MEADOW LARK CR 50' X X
Fecility to Parallel County Road Within Richt-Of-Wav
CONSTRUCTION TYPE - -
1" Diameter Wall Thickness I '/" Encasement Pipe
Material Specification PVC
Maximum Operation Pressure 80 PSI
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 1 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 60i' day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and.save harmless Brazos County from and against any and all los, damages, cost or
Vol. Pg.
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
Any deviation from these specifications must.be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as tong as two weeks after complete application is received,
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
In the event Company falls to obtain a pertnit prior to the installation or does not install utilities in compliance with
installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibilityfor
daumges and/or destruction oflines, cables, etc. based upon its failure to comply with Brazos County requirements.
Applicant agrees that if Brazos County demonstrates a violation of the tern of this policy, Applicant stipulates that
requisites jar injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant
which is contrary to the policies
This permit is a revocable permit Brazos County reserves the right to revoke this pernhit at any time, in the sole
discretion of Brazos County, for interests of public health, safety or ivelfare, or for failure to repair any danrugas
upon demand, or jar any other reason deemed sufJicfent by Brazos County.
In the event Company jails to comply with any or all of the requirements as set forth herein, the County cony take
such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke
this Permit by verbal notification to the Applicant/Company.
Failure to obtain this permft and/or notify the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included in this permit.
_WICKSON CREEK SUD
Company Name
TSON
B GC �_
Signature
GENERAL MANAGER
Title
-P.O. Box 4756
Address
Bryan, TX 77805
City State Zip
_(979) 589-3030
Phone Number
watson@wicksoncreek.com
Email:
FV0(:--2:-7-17P9
. � �
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated -�— 6 — I �, except as noted below:
(Month/DayNear)
EXCEPTIONS: A )
(N awG
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4C. Brazos County Engineer
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ROAD RIGHTOF1414Y 4C
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CENTER LIN E O F COUNTY ROAD
Q/ SHOW NORTH ARROW.
ROAD RI3HT-0F4W4Y -
PLAN VIEW
CENTER LINE
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TYPICAL SECTION COUNTY ROAD% j�clt `I
1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH 8 LOCATION OF CONSTRUCTION IN TYPE
SECTION & PLAN
2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION
3. IF ABOVE PLAN VIEW ANDIOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN ANDI OR SECTION
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ("13MP") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not.permittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
R. Safe& Reguiremenrr
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of thejob. All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as
may be necessary, in order to safely conduct the public through the project area, Company shall provide
flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute
a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of
Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved
by the County Engineer,
C. Traffic Control Plan - -
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. Any construction (i.e. pit, excavation, hole) left open ovemight, requires specific nighttime traffic .
control measures pursuant to the TMUTCD;
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right -0f --way;
2. Plan must be attached to the permit and kept at the job site anytime work is being performed.
3. Plan must set forth the time of completion for the job.
D. Design Standards
I. All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Teras Utilities Code,
Section 181.045,
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60 feet.
4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from
back of right-of-way).
Power -0 to 2 feet, nominally P
Phone -2 to 4 feet, nominally 3'
Gas — 4 to 6 feet, nominally 5'
Cable -6 to 8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above; however, the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400'
if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations;
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints.
9. Bore Pits:
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above,
c, pits shall NOT be located within ten (1'0) feet from the edge of pavement without prior approval from
the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity.
d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized
material as soon as weather permits;
e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the
County Engineer or his representatives.
f. no side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right-of-way, Company will be
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by
the County Engineer.
14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
E. Emereency work
1. In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
Vol. P 9. �_
shall notify County Engineer within 24 hours of beginning construction/repairs.: This will allow the
County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of
Way and traffic safety controls used.
A Repairs to existing facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil, shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or its designated representative and a permit has been obtained.
G. Relocation of utilities
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, .
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other
facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated
thereon, as required by the County Engineer within a reasonable time as determined by the County
Engineer and Utility Company, and at the expense of the Utility Company.'
H. Ht
eh Pressure Pipelines
1. All utility.Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to .
controlled access or non -controlled access installations, should contain the following additional
information in the description of the permit.
-diameter
-wall thickness
-material specification .
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied :. .
far both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines., Assurance must be provided on company letterhead and signed
by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete, pad at least 36" deep
Encased Pipe :Greater than 10' No concrete pad required
Non=Cased Pipe Less than 10' Must be covered with concrete pad at least 413" deep
Non -Cased Pipe Greater than 10' No concrete pad required
Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum.
5. Under, no circumstances will a pipeline he installed parallel to a County Road within the Right -of -
Way.: Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
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DEPARTMENT:
DATE OF COURT MEETING
ITEM:
TO:
DATE:
FISCAL IMPACT:
BUDGETED:
DOLLAR AMOUNT:
p0.07-12-18-cc.pdf
BRAZOS COUNTY
BRYAN,TEXAS
NUMBER:
7/17/2018
Expenditure Journal Entries
• 060166-060167
Commissioners Court
07/12/2018
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PP
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Du a Peters ate
County Judge
F-
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SUNGARD PENTAMATION
PAGE NUMBER:
DATE: 07/12/2018
BRAZOS COUNTY, TX
BJOURN11
TIME: 13:20:28
BATCH
JOURNAL ENTRY EDIT
LIST
CONTROL NUMBER
J E NUMBER DESCRIPTION
PERIOD/YR
STATUS
RECORD FUND
DIV/FUND
ACCOUNT
PROJECT
ACCOUNT ITEM DESCRIPTION
DEBIT AMOUNT
CREDIT AMOUNT
07/12/18
060166 TRVL
REIMB-C HUNSBER
9/18
COMPLETE
349382 0100
31000100
61801000
LCOMM180
61801000 AUSTIN
6.25-28.18
560.08
349383 0100
0100
20221200
AUSTIN
6.25-28.18
560.08
TOTAL
JOURNAL ENTRY
560.08
560.08
07/12/18
060167 TRVL
REIMB-F PATRANE 9/18
COMPLETE
349384 0100
28004000
61801000
CORPUS
CHRISTI
6.10-
144.00
349385 0100
0100
20415300
CORPUS
CHRISTI
6.10-
144.00
TOTAL
JOURNAL ENTRY
144.00
144.00
TOTAL
CONTROL NUMBER
-
704.08
704.08
TOTAL
REPORT
704.08
704.08
1
V,
►3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2017-2018 BUDGET YEAR
NO. 17/18 41.1-41.3
On this the 17th day of July 2018 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Steve Aldrich, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Nancy Berry, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County. Clerk
The following proceedings were held:
THAT WHEREAS, on 17th day of July 2018 the Court heard and approved abudget amendment for
the 2016-2017 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 5 September 2017, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 17tb day of July 2018.
THE COMrHSSIONERS COURT OF 13RAZOS COUNTY, TEXAS.
By -
Duane
Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Vol. pg.
BRAZOS COUNTY. TEXAS
BUDGET AMENUMPRTS
Vol.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 17118.41.2
711712018
FUND-
DEPARTMENT
DIVISION CATEGORY DESCRIPTION
Increase Decrease
General Fond
Commissievas'Court
Cortin me De nmenwl Suc t
16 00.60
General Fund
Coon Attars
Deoadmmwlcad I1'12158
--
Genual Pond
Dlscia Atm.
De artrnastal Soo ort
498.48
General Fund
ShedRAdmidstradea
De anamealS
8474.16
Geneml Fund
SherifAdmlydsoadon
Jail D v:tmenwl Su od
1,993.92
General Fund
Constable Pct Al
D nmenwl Su od
623.10
Genual Fond
Constable PG. 92
De arcnmtnlS od
996.96
General Fund
Cooswble Pa. R3
D monenwl Su ort
747.72
General Fund
Constable Pa. 94
oernenml So on
1.12158
Gmeml Fund
Olhe: Financia Sources
623.10
Courthouse
Fund
OtberFlmncin+Sources
623.10
Conahowc
Security Fond
Counlaonse sccmty
De admemvl San art
623.10
Corvmisstoners'Court Coun Attorne Disftict Attorne SharlffAdministraUon. Constable Pet W. Camtnble Pel ill Comtable Pet 03
Constable Pet 04. and Courthouse Secud
Rca➢acnion orfunds to the correct account to 7unhase Self Aid Buddy Aid Kt, SAB. RrBrams CourDIIBudes and Reserves.
. _ �I► � __
,_..__...
vot.e_-�,
�
_
— _ --
-- —
--
FUND
0100
0:00
0100
DIV
11001500
18000100
19000100
ACCT I
61130000
60500000
60500000
ORICR
CR
DR
DR
ACCOU NT NAME
Conilngeney
ai oaom&I.T. Enhancement
E ulument&I.T.Eehmeament
Increase Decrease
16 00.60
1 1 121.58
1 493.48
0100
0100
0100
0100
0100
0100
0100
2200
2200
25000100
23002000
30101100
30201100
30301100
1 30401100
1
1
1 51000100
60500000
60500000
60500000
60500000
60500000
60500000
91200000
14902800D
60500000
DR
DR
DR
DR
DR
DR
DR
CA
DR
Boni meet& T.T. Enhancement
Eeai meet& LT. Enhancement
'ni meat& LT. Enhancement
Eavi mens & I.T. Evhanttmeat
i ment& I.T. Enharmaecot
& ' meat & J.T. Eahanecment
Trvnsfer to CovrtWwe See
'1'rnmfer &am Gener¢I Fund
E uimrmt& I.T. Eahvnarnant
8474.16
1993.92
623.10
99696
747.71
1121.58
6?3.10
627.10
623.10
,_..__...
vot.e_-�,
BRA70S COUNTY, TEXAS
BUDGET AMENDMENTS
No. 17118-41.3
7117/2018
FUND DEPARTh1ENT
DIVISION
CATEGORY DESCRIPTION
Increase Decrease
General Food Sheri Ad
CSISD School Sonority
MinorAcquisitions
747.72
General Fund I
CSISD School Securi
DeosrtereutelS art
747.71
ACCT
ORICR
ACCOUNTNAME I Increase I Decrease
0100 1
28004000
67286000
CR
Equipment - Other 747.72
0100 1
28004000
60500000
DR
Equipmerat& I.T. Enhancement 747.72
SheriffAdmtnlstrotion - CSLSD School Securi
Reallocation offends to the comet accowt to pumhnae sit (6) Self Aid Buddy Aid Kits (SABA) fu the Sheriff Administration -PTSD Reactant O@'icers. This purchese will be
aimtnrsed by College SraBon ISD.
Va. 02 PS.
J
FUND I
DIV
ACCT
ORICR
ACCOUNTNAME I Increase I Decrease
0100 1
28004000
67286000
CR
Equipment - Other 747.72
0100 1
28004000
60500000
DR
Equipmerat& I.T. Enhancement 747.72
Va. 02 PS.
J
PERSONNEL
CHANGE OF STATUS REQUESTS
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
District Clerk Galindo, John Separation
Fair Administration Albert, Emily Employment
Information Technology Lane, Doyle A. Employment
Juvenile Services — Detention Gill, Christopher L. Separation
Risk Management Contreras, Leslie Change of Status
Sheriff's Office — Detention Ilelji, Hart
Padron Sr., Paul D.
Shearin, Christopher E.
Approved in Commissioners' Court: Jul 018
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
1�
C,fi t. yi-movtA
Employment
Employment
1