HomeMy WebLinkAbout1998-01-27-0900AM-Regularf
BRAZOS COUNTY
BRYAN. TEXAS
AGENDA
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98,1M22 PM 4:41
CLERK
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
JANUARY 27, 1998 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation - Judge Jones.
2. Pledge of Allegiance - Judge Jones.
3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens
wishing to address the Court on county- related issues not scheduled on the agenda. Please
limit subject matter to five minutes. The Commissioners will receive the information,
conduct research into the matter, and/or place the matter on a future agenda for
discussion. (A record is made of the meeting; therefore, please give your name and
address for the record.)
Consider and take action on agenda items 4 - 22:
4. Personnel Action Forms.
S. Payment of Claims.
6. Ratify Section 125 Administrative Service Agreement with National Employee
Benefits Administrators.
7. Tax Resale Deed and authorization for County Judge to execute deed for Lot 5, Block 2,
Lopez Addition, City of Bryan, to Henry Carter.
8. Discussion and approval of Application for Payment #18 from Chappell Hill Construction
Company.
9. Acceptance by the Sheriffs Office, Jail Administration of donated property.
10. Request by Sheriffs Office, Jail Administration, for installation of a pay phone for the
Minimum Security Facility.
11. Authorization for changes to employees' payroll deductions relative to the Cafeteria Plan.
12. Contract between Brazos Valley Council of Governments and Brazos County for Juvenile
Detention services.
13. Request for County Representative to the Big 8 RC &D to attend the Southwestern States
RC &D Annual Meeting in Lafayette, Louisiana, April 22 -25, 1998.
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Commissioners Court Meeting Agenda
January 27, 1998
Page Two
14. Request from GTE Telephone Operations to construct a buried cable installation in the
right -of -way of Edge Cut -Off Road beginning approximately 8,822 feet from its
intersection with FM 974 and continuing for a distance of 333 feet. Site is located in
Precinct 2.
15. Request from GTE Telephone Operations to construct a road bore for buried cable
installation in the right -of -way of Fazzino Lane beginning 1,722 feet north of its
intersection with SH 21 West and continuing for a total distance of 1,177 feet. Site is
located in Precinct 4.
16. Blanket Purchase Orders.
17 Requisitions from Capital Projects:
a. File Cabinets for Constable, Precinct 5
b. Transcribers for Sheriffs Office
c. Mobile Video Systems for Sheriffs Office
d. Auto Washer for Road & Bridge
e. Concrete Mixer for Road & Bridge
18. Re -award two items on Bid No. 98 -008.
19. Contract with Government Records Services for a Cashiering/Receipting System for
County Clerk in accordance with terms, conditions and specifications of RFP #97 -052.
20. Approval to advertise for the following:
a. Auctioneer Services for County Annual Auction
b. Refinish Floors in Assembly 1 & 2 at Brazos Center
c. Asphalt Patching Machine for Road & Bridge
21. Award Bid No. 98 -030, Fluorescent Lighting Improvements.
22. Budget Amendment 97/98 -14.
23. Presentation regarding Quarterly Delinquent Tax Report.
24. Call for citizen input and/or concerns.
25. Announcement of interest items and possible future agenda topics.
26. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request
for sign interpretive services must be made 48 hours before the meeting. To make arrangements,
call (409) 3614102. 1
VOL AL. PAGE
COMMISSIONERS' COURT
REGULAR MEETING
JANUARY 27, 1998
•1
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Tuesday, January 27, 1998, with the following members
of the Court present:
Alvin W. Jones, County Judge, Presiding;
Tony Jones, Commissioner of Precinct No. 1;
Wm. S. Thornton, Commissioner of Precinct No. 2;
Randy Sims, Commissioner of Precinct No. 3;
Carey Cauley, Jr., Commissioner of Precinct No. 4;
Mary Ann Ward, County Clerk.
Attached is a list of the citizens and officials in
I attendance.
The County Judge gave the invocation and led the pledge
of allegiance.
There was no citizen input and /or concerns.
•
The County Judge mentioned receiving two (2) letters
thanking M. J. Deen, for providing help to the City of Bryan
Municipal Court.
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT REASON
Morgan,-Brent Brazos Center New Emp Temp
Jafari, Anita Constable 4 Never Started
Nies, Pat Constable 4 New Employee
Armstrong, Barbara District Clerk Tran w/i dept
Lynch, Belinda District Clerk Salary Change
Cook, Vera Jean Juvenile Serv. New Employee
Bramblett, Virgil SO /Jail Resignation
Boehme, Teresa K Tax Office Resignation
Gassen, Alisa M Tax Office New Employee
Sackman, Tonia A Tax Office Comp Training
Moncivais, Cindy Tax Office Correction
Burt, Amy L Tax Office Correction
Landry, Jennifer Tax Office Correction
•
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the changes as
submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
98- 002531 through 98- 002725
VOLIGL�AGE % .
Commissioners Court meeting January 27, 1998
On motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
The Court next considered ratifying Section 125
Administrative Service Agreement with National Employee
Benefits Administrators. Commissioner Thornton had misgivings
over the wording "Gross Negligence ". On motion by
Commissioner Cauley, seconded by Commissioner Thornton, the
Court voted unanimously to ratify Section 125 Administrative
Service Agreement with National Employee Benefits
Administrators. A copy of the Agreement is attached hereto.
On motion by Commissioner Cauley, seconded by
Commissioner Sims, the Court voted unanimously to authorize
the County Judge to execute a Tax Resale Deed to the following
individual:
Henry Carter - Lot 5, Block 2, Lopez Addition,
City of Bryan, Brazos County, Texas
The Court next considered approval of the Application for
Payment #18 from Chappell Hill Construction Company. In a
letter to the Court, Larry Miller, Project Manager for Croslin
and Associates, Inc., stated that he felt the request was
appropriate but reminded the Court that there were still some
outstanding items and that the issue of liquidated damages
needed to be addressed. On motion by Commissioner Jones,
seconded by Commissioner Sims, the Court voted unanimously to
approve a draw $508,890.19 which is their draw request less
the $16,500 for liquidated damages and with a note that the
retainage of $111,293.00 would be the final draw.
The Court next considered acceptance of property donated
to the Sheriff's Office, Jail Administration. Don Warner,
Jail employee, has offered to donate a Motorola Cellular
Phone, Serial Number SCN2395A. Commissioner Sims questioned
the estimated value of $250.00 for the phone. On motion by
Commissioner Cauley, seconded by Commissioner Jones, the Court
VOL PAUL I.Z.
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Commissioners Court meeting January 27, 1998
voted unanimously to accept the donated Motorola Cellular
phone from Don Warner.
The next matter before the Court was a request by the
Sheriff's Office, Jail Administration, for authorization to
install a pay phone at the Minimum Security Facility. In a
memo to the Court, Jail Administrator Wayne Dicky, explained
that each time they release inmates, they make so many
requests to use the phone that they tie up lines into the
facility. The pay phone should solve the problem. Brazos
County will be required to provide space for the phone for
five years and allow GTE to select the long distance carrier.
There is no other expense to the county. On motion by
Commissioner Jones, seconded by Commissioner Cauley, the Court
voted unanimously to authorize the installation of a pay phone
at the Minimum Security Jail.
The next matter for consideration was the authorization
for changes to employees' payroll deductions for the Cafeteria
Plan. Ruth McLeod explained that during the open enrollment
period, there was a miscommunication between employees and
enrollers and this was merely to correct clerical errors. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to authorize the changes to
employees payroll deductions.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Brazos
Valley Council of Governments for Juvenile Detention Services.
Brazos County Juvenile Services will provide detention
services to not exceed $91.00 per child and will not bill in
excess of $45,136.00. The term of the contract will be from
October 1, 1997 through September 30, 1998. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to enter into contractual agreement with the
Brazos Valley Council of Governments for Juvenile Detention
Services. A copy of the contractual agreement is attached
hereto.
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Commissioners Court meeting January 27, 1998
The Court next considered a request from Joe LaBarbera,
RC &D Coordinator, to approve expenditures for Walter Wilcox,
Brazos County representative to the Big 8 RC &D Board. Mr.
Wilcox will be traveling the Southwestern States RC &D Annual
Meeting in Lafayette, Louisiana April 22 through 25, 1998.
Estimated expenditures for Mr. Wilcox are $417.50. On motion
by Commissioner Sims, seconded by Commissioner Cauley, the
Court voted unanimously to approve the expenditures for Mr.
Wilcox.
The Court next considered the request from GTE to
construct a buried cable installation in the right -of -way of
Edge Cut -Off Road beginning approximately 8,822 feet from its
intersection with FM 974 and continuing for a distance of 333
feet. The site is located in Precinct 2. The County Engineer
stated that all appeared to be in order and recommended
approval. On motion by Commissioner Thornton, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the request from GTE and authorized the installation. A copy
of the request is attached hereto.
The Court next considered the request from GTE to
construct a rod bore for buried cable installation in the
right -of -way of Fazzino Lane beginning 1, 722 feet north of
its intersection with SH 21 West and continuing for a total
distance of 1,177 feet. The site is located in Precinct 4.
The County Engineer stated that all appeared to be in order
and recommended approval. On motion by Commissioner Cauley,
seconded by Commissioner Sims, the Court voted unanimously to
approve the request from GTE and authorized the installation.
A copy of the request is attached hereto.
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Commissioners Court meeting January 27, 1998
The Court proceeded to consider the following blanket
Purchase Orders:
Ray Criswell Bldg Maint $ 600
Americlean Jail $1,000
Cain's Coffee Jail $ 500
LaBatt Food Jail $2,500
Lilly Dairy Jail $2,400
Butterkrust Jail $1,400
Performance Jail $1,500
Alliant Jail $7,100
Sysco Jail $7,100
Scarmardo Jail $2,300
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The Court next considered approval of requisitions from
Capital Expenditures for the following purchases:
a) File Cabinets for Constable Precinct 5
$220.00
b) Transcriber for Sheriff's Office $969.00
c) Mobile Video Systems for Sheriff's Office
$4,000.00
d) Automatic Washer for Road & Bridge
$1,850.00
e) Concrete Mixer for Road & Bridge
$1,650.00
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the requisitions
to be paid from Capital Expenditures.
The Court next considered re- awarding two (2) items on
Bid No. 98 -008. In a memo from the Purchasing department, Kay
Wetteman, Buyer, explained that it had come to their attention
that two items awarded for Bid No. 98 -008 did not meet
specifications. She then asked the Court to award item #12-
Pneumatic Roller and item #19- Excavator to R. B. Everett who
meets specifications and is the lowest bidder. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to re -award items 12 and 19 of Bid No. 98-
008 to R. B. Everett.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and Government
VOL
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Commissioners Court meeting January 27, 1998
Records Services, Inc. for a Cashiering /Receipting System for
the County Clerk's office in accordance with RFP #97 -053.
Government Records Services, Inc. will install and put the
system into operation, train personnel in its use, repair and
maintain the System. On motion by Commissioner Sims, seconded
by Commissioner Cauley, the Court voted unanimously to enter
into contractual agreement with Government Records Services,
Inc.. A copy of the contractual agreement is attached hereto.
The next matter for consideration was approval for the
Purchasing Agent to advertise for bids for the following
items:
1) Auctioneer Services for County Annual
Auction.
2) Refinish floors in Assembly 1 & 2 at the
Brazos Center.
3) Asphalt Patching Machine for Road &
Bridge.
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to authorize the Purchasing
Agent to advertise for the previously noted bids.
The Court next considered awarding the following bid:
Bid No. 98 -030, Fluorescent Lighting Improvements
Cheryl Turney, Purchasing Agent,
recommended acceptance of the bid
submitted by Bayer Electric. On motion
by Commissioner Cauley, seconded by
Commissioner Sims, the Court voted
j unanimously to accept the recommendation
of the Purchasing Agent and award the
contract to Bayer Electric.
The Court next considered Budget Amendment #97/98 -14,
which would reallocate funds budgeted for the office of
Constable Precinct No. 5. On motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the budget amendment as submitted, a copy of which
is attached hereto.
The Court next heard a presentation by Shelbourn Veselka
concerning the Quarterly Delinquent Tax Report.
There was no citizen input and /or concerns.
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Commissioners Court meeting January 27, 1998
The County Judge made the following comments:
1) He received a letter from Greg Petry
concerning an appointment to the 9 -1 -1
Board. He said it would be on the next
Commissioners Court agenda.
2) He plans to but the budgets for the out
going Justices of the Peace and Constable
on the next Commissioners Court agenda. `
Commissioners Sims made the following comments:
1) He addressed appointments to the Expo
Center committee, asking who will be a
user or potential user in order to
involve these people on the committee.
There being no further business to come before the Court, '
t
the meeting was adjourned.
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pAnF
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The foregoing minutes of the Commissioners Court meeting
held January 27, 1998 have been examined and are approved in
open Court this the _ day of ZZA' .. 19�,
in Bryan, Brazos County, Texas.
61'-4QL- /'I-
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Alvin- W.—Jono T Jo e
County Judge Commissioner,
Precinct No. )n / _
m. S. Thornton
Commissioner,
Precinct No. 2
(�� a(Z4 - rl-7111-4� a I
Carey Ca ley, Jr.
Commiss -oner,
Precinct No. 4
commissioner,
Precinct No. 3
Mary An and
County Clerk
VOL _ PAGE �3
BRAZOS COUNTY COMMISSIONERS' MEETING ON t1R� Z "7 / 99P
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SECTION 125 ADMINISTRATIVE SERVICES AGREEMENT
This Agreement is made and entered into by and between County n razor- hereinafter
called the "Employer ", and National Employee Benefits Administrators, Inc., a
licensed Texas Third Parry Administrator, hereinafter called "NEBA ".
WHEREAS, the Employer sponsors a Section 125 Cafeteria Plan ( "Plan ") under Section
125 of the Internal Revenue Code for its eligible employees; and
WHEREAS, NEBA is in the business of providing administrative services to Cafeteria
Plans, including the services described in this Agreement;
THEREFORE, the Employer hereby retains NEBA to provide services for the
Employees Cafeteria Plan, upon and subject to the following terms and conditions:
L SERVICES AND FEES
A. NEBA shall provide certain administrative services for the Employer's
Cafeteria Plan. The various services of NEBA and the fees ( "Service Fees ")
charged therefor are described in the "Schedule of Services and Fees"
( "Schedule ") attached hereto and made a part hereof. The services covered by
the monthly fee to be paid by the Employer hereunder are described in
Section III of the Schedule. Miscellaneous Services will be provided only as
requested, either orally or in writing, in accordance with Section V of the
Schedule.
B. Where applicable, all Service Fees shall be determined according to the
Schedule. NEBA shall have the right to modify the schedule at any time,
provided, however, that NEBA shall give the Employer notice of any intended
modification ninety (90) days prior to the date such modification becomes
effective.
C. 1. Pmmrn Set -Un Fees, None
2. Flexible Spending Account Deposits:
Upon completion of the processing of the claims submitted by
employees, NEBA will request funds from County of Brazos. Upon
receipt of those funds claim checks will be released.
2'd VOL _ ...� .PAM1..+ t U 13 3 N WdST : h0 86. T2 Mir !_ �
3. Plan Administration Service Fees: None. Interest earned, if any, on
deposits to flexible spending accounts maintained by NEBA as part of
its services under this Service Agreement shall constitute an additional
monthly Plan Administration Fee;
4. Miscellaneous Service Fees: are due and payable as stated in the
Schedule.
D. All invoices submitted by NEBA are due and payable upon receipt. NEBA
may terminate this Agreement upon thirty (30) days notice to the Employer in
the event the Employer fails to make prompt payment of all past due charges
or otherwise breaches this Agreement. The employer may terminate this
Agreement as outlined in the termination provisions as stated.
E. The Employer will pay NEBA, within a reasonable time after assessment, any
tax or charge assessed against NEBA which may be incurred by reason of
1. a ruling, or other determination by any Insurance Department or other
governmental authority, to the effect that any fees or charges payable
under this Agreement are insurance premiums and subject to the
premium tax provisions of the applicable statues, including any
retroactive assessment;
2. any statute, administrative rule or court decision imposing other taxes,
charges, or fees upon the Plan, its benefits, or NEBA, regardless of the
validity of such claim; and
3. any other charges imposed on NEBA by any public body, exclusive of
federal or state income taxes attributable to NEBNs income, which
affect this Agreement.
F. The Employer will promptly pay to NEBA all state and local taxes which may
be imposed on the Employer, the Plan, or NEBA as a result of this
Agreement. NEBA agrees to remit these to the proper authorities in a timely
fashion.
G. It is agreed that nothing in this Agreement will be deemed to confer on NEBA
any responsibility for any federal, state or local tax liability which may be
imposed upon NEBA. the Employer, the Plan, any trust, any fiduciary or any
participant or beneficiary of the Plan.
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A. The Employer hereby acknowledges that NEBA, except where otherwise
specifically requested, shall be responsible solely and exclusively for routine
administrative services as described in the Agreement for the Employer's
Cafeteria Plan If specifically requested, NEBA may provide certain
consulting services with respect to the Plan, provided, however, that all legal,
accounting, and tax decisions shall be made by the Employer based on advice
of other professionals. NEBA shall have no discretionary authority or
discretionary control with respect to the management of the Plan or in the
administration of the Cafeteria Plan.
B. All notices or communications to be transmitted by NEBA to the Employer
here -under shall be sent to:
All financial matters: the Treasurer's Office Suite 313
All other matters: the County Judge Suite 114
of Brazos County at its last known business address.
C. NEBA shall not be liable for any loss resulting from the performance of
its duties hereunder, except for losses resulting directly from:
1. the gross negligence of NEBA in the performance of its duties
hereunder, or
2. the failure of NEBA to follow the written directions of the
Employer in the processing of a particular claim, or (c) the
fraudulent or criminal acts of the agents or employees of NEBA,
whether acting alone or in concert with others; except that if such
act or acts have been performed in concert with an agent or
employee of the Employer, the Employer shall share liability for
the resulting loss. Subject to the above, the defense of any legal
action brought against NEBA by or on behalf of any person,
including without limitation, any Participant Beneficiary, or
fiduciary of the Plan, shall be the obligation of the Employer and
shall not be the obligation of NEBA.
III. EMPLOYER'S DUTIES AND RESPONSTHTUT1ES
A. NEBA shall draft one or more proposed Plan Documents, as required, and
proposed Plan Document amendments from time to time, for the review and
approval or modification of the Employer and/or its legal counsel. In
addition. NEBA shall prepare a proposed Summary Plan Description and any
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Section 125 Administrative, cakes Agreement Page 4
appropriate proposed booklets (describing the benefits of the Plan) for the
review and approval or modification of the Plan Administrator and/or its legal
counsel prior to distribution to the participants. Or,
B. the Employer agrees to provide to NEBA a duly adopted set of Plan
Documents and the Plan Administrator agrees to provide all final Summary
Plan Descriptions and booklets prior to such distribution.
C. The Employer understands and agrees that it is its duty, not NEBA's, to adopt
complete and accurate documents and summaries with respect to the Plans,
and it further agrees that approval of any proposed or draft documents
supplied by NEBA or the providing of other Plan documents or summaries for
these purposes shall act as a release of NEBA of and from liability to
Employer and Plan Administrator as to both form and content. The Employer
understands that ERISA and/or the Internal Revenue Code require that its
benefit plans and cafeteria plan be established and maintained pursuant to
written instruments, and the Employer agrees that NEBA shall have no
responsibility with respect to such written plan instrument or with respect to
the preparation or validity of such instrument except the providing of
proposed documents for the Employer's and Plan Administrator's review and
approval.
D. Furthermore, the Employer shall furnish all other information required by
NEBA to perform its services hereunder. NEBA shall rely entirely and
conclusively upon such information furnished by the Employer. Except
as required by the provisions of the Cafeteria Plan or applicable law. NEBA
shall have no duty to investigate the source or accuracy of such information or
to questions any action of the employer. its agents or employee or any trustee
of the Cafeteria Plan.
E. The Employer shall be liable for any loss resulting from: (a) the negligence of
the Employer, its agents and employees, in the performance of the Employer's
duties under this Agreement. the Plan. and applicable law, or (b) the
fraudulent or criminal acts of the agents or employees of the Employer. except
that if such act or acts have been performed in concert with an agent or
employee of NEBA, NEBA shall share liability for the resulting loss.
A. This Agreement shall be effective January 1. 1999 and shall continue in
effect until terminated as provided below.
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B. Either party may terminate this Agreement by giving the other parry written
notice delivered by first class, registered mail at least ninety (90) days prior to
the date when such termination is intended to be effective. If the Employer
terminates either the Cafeteria Plan or this Agreement, and requests any
special reports for such purposes, there shall be an additional fee for such
services rendered by NEBA, as described under "N iscellancous Service Fees"
on the Schedule. The special report fees and all other fees which have accrued
to the date of termination shall be due and payable with thirty (30) days after
the effective date of such termination.
_ .1 Aj.d 1 ► MAM 1.3
A. The Employer hereby agrees that NEBA shall not be liable to the Employer,
to the Plan, to any Plan fiduciary, or to any participant or any Plan beneficiary
for any losses or damages, whether direct or indirect, arising out of this
Agreement, and whether caused in whole or in part by NEBA's negligence or
by a combination of the Employer's negligence and NEBA's negligence.
B. The Employer hereby agrees that any and all fees and penalty charges levied
by the Internal Revenue Service, Department of Labor or any other
government agency with respect to administration of the Employer's Cafeteria
Plan shall be the responsibility of the Employer or of the Cafeteria Plan and
not of NEBA.
C. The Employer agrees to indemnify and hold harmless, NEBA, its agents and
employees against any and all claims, liability, damages, expenses and costs
including, without limitation, extra - contractual damages, court costs,
attorneys' fees and punitive and exemplary damages resulting from or arising
out of any claim demand or legal or administrative proceeding made or
brought against NEBA by or on behalf of any-person-including, without
limitation, any participant, beneficiary or fiduciary under the Plan. This
indemnification shall not apply to any and all claims on/or actions for
damages resulting from the negligence of NEBA, its agents, or
employees, or damages resulting from the negligence of both NEBA and the
Employer.
VL M1,9CF.T.T,A -NE0US
A. This instrument contains the entire agreement between the parties hereto, and
no representation or statement not expressly set forth herein shall be binding
on either parry in any respect.
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&w.dan 125 AdndhLorative Service-r AgLement Page 6
B. The undersigned officers and/or agents of the parties hereto are the property
authorized officials and have the necessary authority to execute this
agreement on behalf of the parties hereto, and each party hereby certifies to
the other that any necessary resolutions extending said authority have been
duly passed and are now in full force and effect.
C. This agreement shall be construed under and in accordance with the laws of
the State of Texas, except to the extent superseded by federal law, and all
obligations of the parties hereunder are performable in Harris County, Texas.
ACCEPTED FOR: NATIONAL EMPLOYEE BENEFIT
ADINUNISTRATORS
2180 NORTH LOOP WEST, SUITE 200
HOUSTON, TEXAS 77018
713 - 680.0025
Signature
Title
Attest Date
EMPLOYER: COUNTY OF BRAZOS
300 East 26th Suite 114
Bryan, Texas 77803
Sigma
Title��'�°'�
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Attest Date
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SCHEDULE OF SERVICES AND FEES
Initial Set -Up Fee (one time)
No. of Participants:
1 - 100
$0.00
101 - 300
S 0.00
301 - 600
$0.00
601 +
S 0.00
Annual Maintenance (after first year)
S 0.00
MISCELLANEOUS FEES:
Consulting Fees
No Charge
One Original Plan Document & SPD
No Charge
SPD for each employee
No Charge
ADMINISTRATIVE (SERVICE) FEES
Premium Conversion Plan
S 0.00 per participant per month
Dependent Care Reimbursement Account S 0.00 per participant per month
Medical Reimbursement Account
$ 0.00 per participant per month
Maximum.Service Fee
$ 0.00 per participant per month
Minimum Service Fees
$ 0.00 per month
MAILING FEE
Reimbursement checks mailed to:
(t) Employer for distribution
No change
(2) Participant's Home Address
S 0.00 per participant per year
• WIRE SERVICE: We provide this service to help you expedite your billing for reimbursement
checks. NEBA will provide you with a routing number and account number so your deposit is
Immediately available to NEBA.
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FFLEXIBLE BEN
FL BENS ITS REIMBURSEMENT REQUESr FORM
- -� 1 Check If Address Change
Employers Coun o razes Group Ms 256
Employees
Last Name 7FIrst Name M.1
Qirthdatet Sex: F-1 SSNt
Employee Address!
Citys 1ST: 21p!
Dependent Care Reimbursement Requests $
Unreimbursed Medical Request! S
Premiums) S
Supporting documentation must be attached to validate all reimbursement
submissions. Documentation must be a copy of the billing, a receipt that
Indicates the performance of and any payment of service, or a copy of an
Explanation of Benefits from your insurance carrier.
By my signature below, I certify that the reimbursements I am requesting are not eligible
for payment under any insurance plan.
I validate that the request for reimbursements are accurate and that all services have
been completed.
Employee Signature Date:
National Employee Benefit Admin., Inc., P.O. Box 926426, Houston, Tx., 77292 Fax (713) 680 -0235
6 voL Ar.z, t! H 3 N Wd8T:V0 1916, TZ Ndr
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F EXIB E BENEFITS 1
REVISION OF BENEFIT ELECTION ND CHANGE FRED
Emptoyen lCoUntY Of Brssos
Lmployeel
Name Change:
From
EMPLOYER FAMILY STATUS CHANGE:
Employer Numbers 1 258�
Sochi Security Not
I - 71
To: L I
The dmriSe that occurred Is- O&rk One) 0 Marriage 0 Divorce
Q Adoption Q Birth Q Death
Spouse Changed Medical Employee
Employment 8 Ended Coverage Spouse
Other. Please lain:
�j Date Family Status
I change occurred:
First pay date reflecting change of election:
Employee Termination /Resignation Information (For termination of Employment)
Term Date: Last pay date with flex reduction:1 -771
Employee Revision Information Indicate revised amounts and complete applloable portions:
Current Amount Revised Amount
(x Group Medical $
Colonial Products
Other
Group Dental
Cancer
Group Disability
ADBD
Vision
8 DEPENDENTCARE
MEDICAL REIMS.
I certify that the above designated changes are accurate and correct. I also understand that changing my
salary reduction(s) to zero will terminate my participation in the designated account(s) or plan(s). My
benefit election and compensation reduction agreement shall remain in effect as to my benefit coverages,
except as Indicated above.
Employee Signature
1 certify and authorize the above:
Plan Administrator Signature
National Employee Benefit Admin, Inc.. P.O. Box 9�2j5428 Houeton,Tx 77292 y�
6�
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Fax (713) 680 -0235
t! it 3 N WdBT :D0 86. TZ NUf
9TE delwork Services
Agreement for Operation of Pay Telephones
GTE Account No.
Form 00- 671 -0005 (7/97)
THIS AGREEMENT FOR THE INSTALLATION AND OPERATION OF PAY TELEPHONES AT THE PREMISES ISJfAADE BETWEEN
A Business Name ("Customer)-
�'a o
B. GTE Entity Name (•GTE')":
GTE So fh nCo� o�
Custorrxx Address (the "Premises')`:
f
Address*
Soo E. C'o��en•/e�' Fieer„�t�/
Tx 75o6Z
Mailing Address
.S19
GTE Representative Telephone Number
F c Afx-�o -i 900- -46 5
GTE Pay Tel No(s)
Types—
GTE Pay Tel No(s) '
Types-
Fed Tax ID NoJSSN
Customer's Tel No
11tog. 7 7 5- �-/o 0
IRS Filing C = Corporate, P = Partnership, I = Individual, E = Exempt
' Additional Premises or Pay Telephone No(s) • if any, are listed in
Attachment A
Additional GTE Entitles, d any are listed in Attachment B
"' Type of Telephone Public (P), Fee-Public (FP). Existing (E). New (N)
Addition(s) (A), Deletion(s) (D)
AGREEMENT EFFECTIVE DATE:
Customer grants GTE the exclusive authority to arrange for the provision of pay telephone service (the 'Service') at the Premises The Service Includes
the Installation, operation, and management of pay telephones, and the provision of all local, nntraLATA, and InterLATA calling services for calls made
from the pay telephones
ATTACHMENTS
ADDENDA
Attachment _.
Attachment _
Addendum _:
Addendum _
CUSTOMER SIGNATURE
GTE SIGNATURE
A. Agreed to by Customer:
B. Accepted by GTE:
Signature
Signature
Printed Name 91 y "v Li.
Printed Name
Title. y z," Date: /J--? 9 8
Title Date
This Agreement is governea by the following terms ana conattrons
1 Customer. The definition of "Customer' means the proprietor oper,itor m
occupant of the Premises authorized to approve the Service
2 Term. Thi; Agreement is for an Initial term of S years from the Effective
Date and shall thereafter automatically renew for successive terms of file sanie
duration until terminated pursuant to Paragraph 13 of this Agreement
3 Exclusivity: Customer grants GTE the exclusive right to provide life Service
at the Premises for the entire term without interruption lerminatron or
installation of pay telephones from another source, except as specifically
authorized in this Agreement Customer expressly agrees not to enter into Ih(r
same or similar arrangement with any other source person or entity for life
provision of the Service at the Premises during the entire term GTE s right of
exclusivity applies to additional Promises it any, opened or .acquired fly
Customer during the form of this Agreement, or to any pay telephones added
or any pay telephone numbers that are changed, whether at the existing or
additional Premises. which Premises, pay telephones or pay telephone number
changes shall thereafter be subject to the terms and conditions of INS
Agreement as though included from the Effective Date If Customer seeks
management services for the pay telephones at multiple Premises. Customer
grants GTE the right of first refusal to provide such services
s Installation. GTE will supply and install pay telephones. along wills such
telephone enclosures, protective bumper posts, ndontifying signs and retalod
equipment as are necessary for efficient and safe use of the lelephonns, at
locations on the Premises which are mutually acceptable to GTE and CusionNu
Dales for installation and commencement of Service will be ns mijitnally afirn(ai
Installation work will he aCcomptished in arr•oidanre with apnhr•,tllln , .rl-
ordinances and regulations The types of enclosures ,ignage and related
,:rjuipment are subiPct to approval by Customer and to p(ovts.ons of any
applicabe lease governing Customer's use of the Premises All telephones.
enclosures and related equipment supplied and installed by GTE shall remain
GTE's property except as specified In Paragraph 7 of INS Agreement, and GTE
shall be responsible for any loss or damage to such items except as caused
by Customer's negligence or willful misconduct w as specified in Paragraph 7
of this Agreement
5 PIC Selection. Customer expressly delegates to GTE and consents that
GTE shall have, the authority to solect the ' 1.' and 0.- local, intiaLATA, and
uflerLATA carnor ('PIC') for the provision of the Service under this Agreement
lot I tin c rural, onof the Agioemenfand any extension thorcol GlEshall compensate
Customer for any too incurred in changing to a PIC selerind by GTE GTE's
authority to select the PIC becomes ellectivo when any existing arrangement
between Customer and another carrier has expired or been terminated which
eflecllve dale Is
G Operation and Maintenance. GTE will maintain the telephonoa and rnlntcn
equipment In good operating condition, respond to repair calls, a-swer custrirner
ingoines. provide refunds to callers, and operate life Servirr• in complinfic . v.ifh
all applicable laws arid regulations Customer will mamtnrn the area Wound a.,
telephones provide unobstructed public access to Ill,- ir•Iej.li(•fiey (Itiflriq fiorin.ft
Premises husiness hours, prohibit remnertfon of equipment ter extension pfirow,
fig Ihr• elophones or the telephone lints except do mithnrt /eff by r:TF :u.•'
nntd,r r;TF of any Cetvwo r +. r•t d...,•c ... -wirib: m t(, u... W. ;,f,n. ,. •. v.n..,
n.a.r• r.• Ili.. nrct.rfenf•
TM HAYS /MD CONDITIONS►NtNIfD ON TIN fRON1 AND A(YfN tnSIO it n.t• Par.) t fig nrw• 1.? ...I. .:•. ir.,. .n ^, 11'. 1. . ... I
VOL% •. r•nitq(.
V
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7. Movas_a_nd Chnngpa, GTE may relocate or remove any telephone which
(a) does not produce minimum revenues to support continued operation In
a000rdance with GTE's guidelines• (b) has. In GTE s Judgment, been excessively
damaged through vandallsm•or misuse. (c) an appropriate government agency
requests to be removed or modified, (d) an appropriate court orders to be
removed. or (e) the parties mutually agree to relocate or remove If there Is the
temporary removal of a telephone because of remodeling or other construction
at t110 Promises, upon completion of any such work. Customer agrees that GTE
may reinstall the telephone at the Premises Upon permdnorll relocation or
removal of any telephone. GTE shalt leave in place concrete pads, bumper posts
and underground conduit (-Abandoned Equipment "). which ownership for that
Abandoned Equipment shall be automatically transferred to Customer unless
Customer notifies GTE in if ting within 30 days of the pernlanoni relocation or
removal of the telephone that GTE must remove the Abandoned Equipment
Under no circumstances however shall GTE leave telephone enclosures,
pedestals pay telephones. or identifying signs For any Anandoned Equipment,
Customer herein expressly foleases GTE from any habitat for ulu Abandoned
Equfpmult and Customer shall indemnity and hold GTE l+afmlr%t agaul,t any
claims loss, liability, attorneys' lee% and costs atminj4 liom Of fulaipd In 0e11
Abandoned Equipment
a Removal of Telephones. Upon Ieemnalfon of this Agrrvmenl, either in
whole or 111 part wrh rr%PCLI to individual Ie•Iephotx!s or dw•t dIr Premise% GTE
will at IN expon%e remove file item% ,nslallvd by GTF car i•lif 1r1r Aha,donod
Equipment sperifled in Paragraph 7 of this Agreement lno rrhtrn thin f •gmigra
to a ir. o,onobty re,lered and S.14. condihnn nofn•al we.11 ,111.1 10.11 ei6t•IIt1 :11
9 Electrical Connection, GTE may ronni,cl elec by low I,,• booth of ..vin
lighting to in dppruphate ConneCtiun point un the Prong,.,_, a, appruved by
CI V.lomer 00t10111er agfoe% to %apply the elnclriral jx+wtu •,n I :,1 11-1,
for 0001h and sign lighting ill(.( the telcphone%.tu Plarr•rl it •.e••, u'e
10 Premises Access GTE may enter the Premises dnnng nomtal buslnrsa
hours Wr the Plernmos and At other limes upon rea%notnble notice for pial ms"
of fuvllhriq GTE s ribl,galions under this Agreement
11 VILCLugde�n. Slonage. and Advertlring. GTE Shall have 1110 exclusive right
to place telephone directones at the Promises Subject to local ordinances and
any lease governing Customers use of the Promises, GTE may Install sign, on
or near the telephnnes to Identify the telephones to users, arxl has Ihi1 exclusive
light to install advertising for products or services that do not compete with
Customer s business, within or on the telephone endoSure, telephone Inslru
ments. and telephone handsets
12. Confidentiality, information on revenue generated from the pay telephones
installed it the Premises Is confidential and Customer agrees to maintain the
confidentiality of any such information disclosed by GTE Upon 60 days' prior
written notice. GTE shall disclose only to Customer such documentation and
information that are necessary to verity the revenue received from file pay
telephones up to a period of time not exceeding the prior 12 months
13 J=inatlon. Only Customer or GTE may terminate chi% Agreun+ent at the
end of mho utitial Of any Subsequent lean by giving written iurhl a In ltio ulller al
least 60 days but not more than 120 days prior IO the end lit Iht' lean Gu,tUmer
or GTE may termuldle this Agfeulnenl by written notice if file usher Pally become,
insolvent, makes an a,swgnnlant for the lx)nefit ul creditors ., unable. Io pay debts
as they manure has a tnmtee or ,"(,over appointed rivet Al to .iny •.Id,•.tan1m1
part of Its as%els Or goes nut of busme%S If a pad y falls lo petfoml any malof
obligation under Ira% Agreement the other party sh'lll rim, written demand to
cure and it the wmi- pertnfming party don% not corroLl Ihp defr,enry withal 14
day, of rectafpt of Such demand the nntdynlq party may h•,ninale Ili,% Arjria•n1C,t
upon socond writtrrl noire If Customer for Cnnvenwnce w+ %he% to terminate Ili•%
Agreement prior to the and of the Infe+ Cusinoner shall pav in C; IF a•, hqul(fa1Ml
damages and not a% a penalty an nonomini equal to flip •;um of (a) (.TE's rust
of tetentlone Installation of S250 pot telephone, (b) r.I F % cost nl Ielppnone
removal of S150 par telephone and (c) GTE',; lost lulure income Calculated by
multiplying the rrinnthly averar)o revenue for each Ielpjlhnne by the ntimlwr of
months remaining in the term of Ili,% Agreement ( M,+nitdy ovtlrage revenue' Is
the surn Of the r,lveauec for the mo,f r•,c enl mnnih•, tit, .•e•j which Senn(, har.
been provide) (up to 12) flividerl by Ihn nunfber N m,,i; • , • luny xhr11 ,rervu.r
has been provided tup to 12) 1 It is arfLed that GTE % •1 ❑napes are Impossible
to ascertain and the amount Indicated above Is ., •^a %onahle n%hmate of
damages This Agreement may otherwise be terntu. a.•rj only Limn mtlllbll
agreement
is ;tl.litconlraclors and Assignment. GTE nary ry•Ar „•+, it • nhhgarvn„ unrkrr
this Anioernrnt tnro+fgh duly n thonted subr;ontracttw; cimi-r (airy mart a %twin
its rights and oblionnon% herptinder lit whole or in pail t i..vn'va•r nO a %%tgtlmenl
Shall relieve the assigning party hom liability lot its oLl.a,.,t.r,l', h lf"lifxte•.
15 Successors. This Agreement ,y ., Conirdciu.,l n.r. (m, r.: And of ..•latddt
for the use of the Premi %ps and provowin of the Srtrvire for the term (If till%
Agreement It shall bird vie parties Iheu successors gnat Mow a,sirpls 't,I Ihr•
duration of its term (including any renewal term(s)) Thts Agreement shall („rltrnur:
between GTE and any new owner of the Premises or nl Customer's hu%u1n•.%
conducted there Prior to any change in ownership of CtIMOmer s huslnrv;
conducled at the I"wennsi% CirS1omr•r shall ensure Ihol (.,) the pro%1MCht•r new
Owner receives a ropy of 1hi% Agrcom,•t11 (h) Ihn pfntirctiv, lit w r.wnef ek, v trip.
i w•ehen arknnvdedgr.nlenl .11 •,urh v lie: and p 1 ” , , •n• j.rr•hvr f r v• . t •u•,
r x, r111r, ,, •'1 i..• • • . �.. ,t .rl' ..f , 1C.:1.
obhgatiOnN uMei th.%' A,1jfi rm. ;nl 111 a 'one -it • .•j•1 it., , i f , it i ,. . 1.1,•
Promptly provinu 10 Gl L the written at knuwlOUyen..•nl anal
assumption H Cu%Vunef 1.,d, lulls 1, :,. rtonn .Illy old, t• "n% p.....p r, ,,
15, Custorrter shaft pay to GTE as liquidated damages, and not as a penalty, the
amount that Customer would have been required to pay to GTE urtdet Paragraph
13 herein, d Customer had terminated this Agreement for corrben(ence prior to
the end of the term It Is aaggreed that GTE's damages are impossible to at;ceAain
and the amount Just specified is a reasonable estimate of damages.
16. Causes Control et a early, Neither party shall be liable for failure
to podorm obligations under this Agreement of prevented from doing so by a
cause or causes which could not with reasonable diligence be controlled or
prevented by the party
17 !Mal, % p, GTE will hold Customer harmless from claims or liabilities
arising out of E's ownership, Installation, operation maintenance or removal
of the telephones and rotated equipment as provided for in this Agreement, except
lot claims or habitudes arising from Abandoned Equipment or from negligent acts
or omissions or wrongful or willful misconduCI of Customer Its agents• servants,
officers or omployne% Customer will hold GTE hnrmtrss from Claims Or liabilities
arising from Abandoned Equipment Or from Cuslomei s operation and
maintenance. of ihi, Plertll :es except low clown•. or IiA .Bliss an%ing from negligent
arts or omt %%Ion% or wrongful or willful nw,rondurt rt GTE Its :Ignnfs Servants
oPleert or employee% Cu %lmmnr shall alv, N; liable for and hold GTE harmlos%
hunt any f IalmS of Ilabrh:Ien uu luOng without Inn.tahon GTE s ClaanS for lost
revenues anurney% teas and roil% ate wcj Oul N C f,trlmcr, hrcarh of
f',tlagraPhs 3 13 Of 20 of this A,yre, nu,nj
IS LIMITATION OF L' WITH THE rXC I -PTION OF IMPROPER
ATION
TFRMINA11ON IN VIOL OF PARAI ;RAPH 13 OR BREACH OF THE
rXCLUSIVITY OR AUTHORITY PROVISIONS OF PARAr.nAPHS '1 AND 20
NEITHER PARTY SHALL DE LIABLE To rHL OTifER FOR ANY SPECIAL
CONSFOUENTIAL OR ItiCIDENTAI DAh1A(;ES IN CONNECTION WITH
r ITHER PARTY'S PERFORMANCE DFLAYED PEnrOnMANCE, OR
NONPERFORMANCE OF THIS AGREEMENT OR ANY PART OF IT
11) A2ollc b_ le Law, Tni% Agwomenl %hall he governed toy and Interpreted in
ac,.Ordancr- with n•o domestic laws of the %tail.; mcie Ili:,; Agreement is executed
by GTE This Agreement shall wt all hales Ile Subject to such changes or
modifications is the appropriate slato or federal regulatory agencies may from
time to time direct and approve in the exercibo of their jurisdiction In the event
any prove -iron of this Agreement is In ronfl,ct •,v.fii any state or federal law of
regulation, such provision shall be deemed modified to conform with such law or
regulation and all Other provisions of this Agreement shall continue In full force
and effect
20 Authority. The person signing represents and warrants to have Customer's
authority and the authority of the owner of the Premises if other than Customer
to execute this Agreement, that Customer has not entered Into any other
agreement log concurrent Service at the Premises• and that Customer owns,
leases or otherwise Controls the Premises with full authority to agree to the
provision of the Service as described In this Agreement
21 Resolution of Disputes.
(a) In order to resolve disputes without litigation except feu action seeking
Injunctive relief related to the ptupnse%,f this Agreement rw to compel compliance
with this Paragraph 21 file parties dgru(t t0 rise the following dr %pule resolution
proceduro as Illeu sole remedy (or any a a.ntrnve,sy fir rldim arising out of o,
relating to this Agreement or Its bfeULh
(b) AI file written request of a party e.wh party will appoint a knowledgeable
responsible. nonlawyer bu;fnes, ropier onpative Io •noet and negotl,lto in goat
faith to fetotve any disputo ari,Inq unelrr that, Agrnrm,mt Arr•lnrjenlOnis an(
a ondurl of IhCse dKrussiont shall r•r Iran 1,, file u.,r—tvin ;,f -no r epre,ontalive,
T by wI,re%nnfalrvr% may aoll r to t,'• .. r -imcf rj dpi', • n••,gn,ll•1^ rror•;dure5 suet
I•• mr•rh.ihon t0 assist nr•gOII itvw• � .,,long o t: repieserflative•
'fir Ihnsr rlegol'.nlrnns Shall rw, irrowed m ronlidenl.al ,nfnrma•.u:1 developed to
n, gpu%e% nl %rtlhlmenl Pxrmpl ham dlsrnvrry and ena.Um%%.bin ,n any .lrb,palnif
fir law,uit without IN- Cunrurh fir, of all j,art.r, ;),rumr,ls which .ire no
prepared IM purposes of trip negetlatiMii are not sn exempted or restrtcted Iron
,admission in evidence
p;) If unresolved wilhm 60 elav% n( IN, --deal wniten request a party ma'
.. hind fi+r' dr,putu IO mn,favj a•1wix,nn n1 I •.mgit? athivar,tr pursuant to file
rnrr+mefrial Arbitration Rulr% of the Amr,ncan Artlnration A%SM'Iahon Discover
•,hhll by controlled by the arhwritrnr and -;hall hr• prr,nitlM to the extent -,el oi,
in this paraqraph Each party may suhmif let writing to a parry and that party sha
.O respond, to a maximum of any rnmbfnatipn of 35 (without subparts) c
.niorrogatones demands to produce documents, and requests for admissior
Earn party may take the oral deposition nt one individual of another party Th.
parties may agree to further discovery The arbitration hearing shall b•
,'ornmencod within 60 rlays of thr: Oemand for arbitration and held in the col
whitre this Agreement was .Iccr•.pied by GrE The arbdraiOr shall srhedulC III
mailer oxpeddiously The parties may %ubmtt written briefs the arbitrator She
issue a wniten opinion and award within 30 days alter the Close Of heanrlg•
Specified tunes may be extended by ogroement of the parties or by the arbitral(
lot good Cause Judgment upon the award tendered by the arbitrator may C
rnlered In any court havinq jurisdiction
(.f+ Fa,h party %hull t),-.0 it, r v ti r m t lit ,r+r "t prurrrtt,n• ^. ,other
t nbt:. (10 uldude ,e uCh tube dod FILP(O IK'iloe COST %) plOdticmg doCUML -rlt•
w(lueste 1, and an tNual shin of ui.. lee, of 'he wrofal.on and arMtiatnr
'12 Entire Agreement. Exrepf too writer .unonrl'o n , add.•n04 ,uppl.•ntl•i
ro m(xflh .�ttonil made ronc,metal, to ,ulnvyuentil 010 ❑,ynco by Looth pion.,
h-, AI)Mi•in. nl r,. I,pld •.) .ny .t• .. nil a o pre wt. 'n( a nilW :,yrer In,
' Ile.. till u•.il .• .. , ,ti,. Arp,1l fr.
,nil uI +'f•. tb ,. .. . n; ..
ut d •,r yr dlV,
1x1 Uproot; .i•ti M. •'• • • • f ,
GTE - Southwest; Inc,
Attn : Public Access Dept
500 E. Carpenter Freeway, Mailcode: TXD1961A
Irving, TX 75062
• Re: Letter of Authorization
To whom it may concern:
This Letter of Authorization ('LOA") Is issued by Q/o zos Co. y; f ("Customer") to GTE Network Services , a
local exchange carrier ( "LEC ") or payphone service provider ( "PSP "), acknowledging that Customer has selected the
telephone operating company GTE southwest, Inc. (collectively and indmdu ally 'GTE*) effective
i to furnish the provision and management of payphone services for Customer. This LOA appoints
GTE as Customer's agent to undertake the following activities on Customer's behalf
1. GTE may recerve any past and/or current information regarding commissions and usage pertaining to local and
all long distance traffic on payphone services at all of Customer's locations.
2. GTE shall provide management of payphone services for any payphones at all of Customer's locations,
including, without limitation, acting on Customers behalf on day - today operational matters pertaining to
payphones, and furnishing any and all other activities Incidental, necessary or requisite to the Installation,
removal, or maintenance of payphones furnished by LEC or other PSPs at Customer's locations.
3. Customer expressly delegates to GTE, and consents that GTE shall have, the authority to select the 'I+* and
'0 +' local, intraLATA (interisland), rnterLATA (interstate) carrier and international Gamer ('PIC') for the provision
of payphone services for any payphones at all of Customer's locations GTE shall compensate Customer for
any fee incurred in changing to a PIC selected by GTE GTE's authority to select the PIC becomes effective
when any existing arrangement between Customer and another carrier has expired or been terminated, which
effectrve date is.
This LOA supersedes any previous Letters of Authorization from Customer with respect to payphone services at
Customer's locations and shall be in effect until 117ZZ7 0 0 3 unless otherwise terminated by Customer in writing, by
an authorized representative of Customer.
Al correspondence should be directed to:
GTE: Florence Paterson
c/o GTE Southwest, Inc.
500 East Carvanter Freewav - Mailcode: TXD1961A
Irving, TX 75062
This LOA shall be governed by, construed under, and enforced In accordance with the laws of the state of Tx This
LOA may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall
constitute but one and the same instrument. No agreement hereafter made shall be effective to change, modify or
discharge this LOA, in whole or in part, unless such agreement is in writing and signed by or on behalf of the
partyagainst whom enforcement of the change, modification or discharge is sought This LOA shall be binding on the
parties hereto and their respective personal and legal representatives, successors a0d permitted assigns.
CUSTOMER: By,
Name ALvia W, lea
Two Cou47Y T.raoe'
Dabs Mid UAaol 2910 1998
.y
r
CONTRACT BETWEEN
BRAZOS VALLEY COUNCIL OF GOVERNMENTS
AND
BRAZOS COUNTY JUVENILE DETENTION
State of Texas
County of Brazos
1. This contract is by and between Brazos Valley Council of Governments (hereinafter referred to as
"Grantee") and the Brazos County Juvenile Detention (hereinafter referred to as "Service
Provider ") and in aid of CID Grant No. JA- 97 -J07- 11106, Titled: Regional Juvenile Justice
Alternatives. It is understood by all parties that payment obligations created by this contract are
conditioned upon the availability of State funds appropriated or allocated for the payment of such
obligations. The term of this contract shall commence on October 1, 1997, and shall end on September
30, 1998, unless extended or terminated as otherwise provided for in this contract.
2. The Grantee is responsible for closely monitoring the Service Provider and the exercise of
reasonable care to enforce all terms and conditions of the grant. Service Provider agrees to fully
cooperate in the monitoring process.
3. Requirements of the Uniform Grant and Contract Management Standards (UGCMS) promulgated
pursuant to Section 783, of the Government Code are adopted by reference as part of this contract,
including the contract provision as in Section 36, Common rule of OMB, of the above standards. The
Grantee shall keep all project records.
Note: Records shall be retained for at least THREE (3) YEARS following closure of the
most recent audit report and until any outstanding litigation, audit or claim has been
resolved. Records are subject to inspection by CJD, or any state or federal agency
authorized to inspect the same.
4. The Service Provider agrees to provide the following services: Detention Services
5. Payment for the above will not exceed $45,136.00 and will be made in accordance to CJD maximum
rate schedule or $91.00 per day. Payments made under the contract between the service provider and
grantee October 1, 1997 are also subject to this limitation.
6. Billing for the above will be provided in the same manner as it would be provided to institutional
purchasers in the absence of a grant and shall consist of a brief statement of the services or other
provided and the basis for the billing rate.
7. In the event of a default of the Service Provider, the Grantee may cancel or suspend the contract and
the contract and the Service Provider shall be entitled to recover for all services provided or
materials delivered prior to the cancellation date (or unused materials may be returned) or shall repay
any funds advanced for services not yet rendered.
8. All licenses, legal certifications, or inspections required for the services, facilities, equipment, or
materials, and all applicable state and federal laws and local ordinances must be compiled with by the
Service Provider. Failure to comply with this requirement shall be treated as default.
9. This contract shall automatically terminate on the grant expiration date, September 30, 1998, or any
extension date thereof granted by CJD. All services billed hereunder must be rendered within the
grant period.
10. The Service Agency is under no obligation to retain space for the client in unauthorized departure
situations.
v0L-ZA._.PACxk, .5-5"z
11. The Service Agency is under no obligation to accept a client who is denied inappropriate for
placement in the program by the Service Agency.
12. This contract is entered into effect the 1" of October, 1997, by and between the Brazos Valley
• Council of Governments, acting by and through its Executive Director, and the Correctional Services
Corporation, acting by and through its Director.
t ,
Tom ilkinson, Jr. Mr. Ernie Wentrcek Alvin W. Jo s
Brazos Valley Co cil of G ernraeats Director County Judge
Executive D' for Brazos County
VOL,�,..,...�D��� s�
J..
V
CONTRACT BETWEEN
BRAZOS VALLEY COUNCIL OF GOVERNMENTS
AND
BRAZOS COUNTY JUVENILE DETENTION
State of Texas
County of Brazos
1. This contract is by and between Brazos Valley Council of Governments (hereinafter referred to as
"Grantee") and the Brazos County Juvenile Detention (hereinafter referred to as "Service
Provider ") and in aid of CID Grant No. JA- 97407- 11106, Titled: Regional Juvenile Justice
Alternatives. It is understood by all parties that payment obligations created by this contract are
conditioned upon the availability of State funds appropriated or allocated for the payment of such
obligations. The term of this contract shall commence on October 1, 1997, and shall end on September
30, 1998, unless extended or terminated as otherwise provided for in this contract
2. The Grantee is responsible for closely monitoring the Service Provider and the exercise of
reasonable care to enforce all terms and conditions of the grant. Service Provider agrees to fully
cooperate in the monitoring process.
3. Requirements of the Uniform Grant and Contract Management Standards (UGCMS) promulgated
pursuant to Section 783, of the Government Code are adopted by reference as part of this contract,
including the contract provision as in Section 36, Common rule of OMB, of the above standards. The
Grantee shall keep all project records.
Note: Records shall be retained for at least THREE (3) YEARS following closure of the
most recent audit report and until any outstanding litigation, audit or claim has been
resolved. Records are subject to inspection by CJD, or any state or federal agency
authorized to inspect the same.
4. The Service Provider agrees to provide the following services: Detention Services
5. Payment for the above will not exceed $45,136.00 and will be made in accordance to CJD maximum
rate schedule or $91.00 per day. Payments made under the contract between the service provider and
grantee October 1, 1997 are also subject to this luriitation.
6. Billing for the above will be provided in the same manner as it would be provided to institutional
purchasers in the absence of a grant and shall consist of a brief statement of the services or other
provided and the basis for the billmg rate.
7. In the event of a default of the Service Provider, the Grantee may cancel or suspend the contract and
the contract and the Service Provider shall be entitled to recover for all services provided or
materials delivered prior to the cancellation date (or unused materials may be returned) or shall repay
any funds advanced for services not yet rendered.
8. All licenses, legal certifications, or inspections required for the services, facilities, equipment, or
materials, and all applicable state and federal laws and local ordinances must be compiled with by the
Service Provider. Failure to comply with this requirement shall be treated as default.
9. This contract shall automatically terminate on the grant expiration date, September 30, 1998, or any
extension date thereof granted by CJD. All services billed hereunder must be rendered within the
grant period.
10. The Service Agency is under no obligation to retain space for the client in unauthorized departure
situations.
11. The Service Agency is under no obligation to accept a client who is denied inappropriate for
placement in the program by the Service Agency.
12. This contract is entered into effect the 1" of October, 1997, by and between the Brazos Valley
Council of Governments, acting by and through its Executive Director, and the Correctional Services
Corporation, acting by and through its Director.
tom-'Wilkinson, Jr.
Brazos Valley Co cil of
Executive D' for
�e 1 4 V -j
Mr. Ernie Wentrcek Alvin W. Jo s
Director County Judge
Brazos County
9 .
BRAZOS COUNTY '
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Sd9ge NUMBER 560001
DATE OF COURT MEETING: 1/27/98
ITEM: Request from GIE Telephone Operations to construct a buried cable installation
in the right-of-way of Edge Cut -Off Road beginning approximately 8.822 feet from its
intersection with FM 974 and continuing for a distance of 333 feet Site is located in
Precinct 2.
SOURCE OF FUNDS: NIA
1
I. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) The line shall be Installed 1) within 3.6 of and parallel to the dght-0f -*W Ilne and/or 2) In the
case of a road bore, perpendicular to the right,of-oway line.
C) If clearing of brush, trees and other obstruction Is necessary, It shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from County right -0f -way.
D) Ditch line shall be compacted to 90°% standard density ASTM -Test Method No. D -698; test
shall be conducted by an independent Geotechnical testing firm; copies of all test results shall
be fumished to the office of the Bravos County Engineer.
E) Construction shall be In strict conformance to the latest Texas Manual of Uniform Traffic
Control Devicas for Streets and Highways published by the Texas Department of Transportation,
and all other State and Federal laws governing utility construction.
II. ACTION REQUESTED OR ALTERNATIVES:
S MITTED BY: APPROVED BY:
Richard F. Vance, P.E. Commissioner William S. Thornton
County Engineer Precinct 2
CC98-004 //
ApprovedC7lDenledO by Commissioners' Court
4 Date: 1-27-9A
i �G
Alvin`W. Jones un� I Judge
VOL PAGA IC/N
, •r`
I
j
v '
®
GTE Telephone
Operatbns
Access Design
301 Industrial Blvd.
Bryan, TX 77803
January 15, 1998
Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy. 21
Bryan, TX 77803
Dear Mr. Vance:
SUBJECT: AGRMNTS 24 BURIED CABLE
Enclosed are Form ED -135 and work location sketch showing the
location of our proposed buried cable on County Roads in Brazos
County at Kurten, Texas.
This work is to be completed on Work Order 5435 - 9P806OR #001
which is scheduled for January 1998. If you have any questions
concerning this work, please contact Anthoney Vitanza at our
office in Bryan, telephone 409- 821 -4754 within 15 days so that we
may explain or modify our proposal, otherwise, it is understood
that this proposal is approved.
Sincerely,
e%zz 1!Z
Charlie Clanton
Senior Designer - Access Design
CFC:egc
Attachment
Q, Ile- /J5 N o/-Er
D /-zv-98
S Kcr - Z
A part of GTE Corporatiov u L ZA..r..PAU L
..1
V �
J
GEMERAL TELEPHONE
COMPANY
NOTICE OF COMMUNICATION
LINE INSTALLATION
January 15, 1998
TO THE COMMISSIONERS COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that GTE will construct a
communication line within the right -of -way of a County Road in
Brazos County, Texas as follows:
Beginning at a point on the south R.O.W. of Edge Cut
Off Road being approximately 8822 ft. of 1.67 miles
from FM 974 (Macy Rd) a buried cable will proceed
west 5 ft. within and along the south R.O.W. for 333 ft.
to point of end, being the private entrance to 8901
Edge Cut Off Road. Residence of M.E. Hayes.
The location description of this line and associated
appurtenances is more fully shown by two (2) copies of drawings
attached to this notice. The line will be constructed and
maintained on the County Road right -of -way in accordance with
governing laws.
Notwithstanding any other provision contained herein, it is
expressly understood that tender of this notice by the GTE
Southwest Incorporated does not constitute a waiver, surrender,
abandonment of impairment of any property rights, fanchise,
easement, license, authority, permission, privilege or right, now
granted by law or may be granted in the future and any provision
or provisions so construed shall be null and void.
Construction of this line will begin on or after January
1998.
GENERAL TELEPHONE COMPANY 5435 - 9P806OR ;001
Charles Clanton
Senior Designer - Access Design
301 Industrial Blvd.
Bryan, Texas 77803
1/-\
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and 13dit NUMBER 560001
DATE OF COURT MEETING: 1/27198
ITEM: Request from GTE Telephone Operations to construct a road bore for buried
cable installation in the right -0f - -way of Fazzino Lane beginning 1.722 ft. north of its
jntersgction with SH 21 West and continuing for a total distance of 1.177 ft. Site is
located in Precinct 4.
SOURCE OF FUNDS: N/A
I. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) The line shall be Installed 1) within 3-5' of and parallel to the right-of-way line and/or 2) In the
case of a road bore, perpendicular to the right- of-way line.
C) If clearing of brush, trees and other obstruction Is necessary, It shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from County right-of-way.
D) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D-698; test
shall be conducted by an Independent Geotechnical testing firm; copies of all test results shall
be furnished to the office of the Bravos County Engineer.
E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Hlehways, published by the Texas Department of Transportation,
and all other State and Federal laws governing utility construction.
II. ACTION REQUESTED OR ALTERNATIVES:
MMITTED BY: ? APPROVED BY:
v .
Richard F. Vance, P.E. Comm r issio Carey Cau y
County Engineer Precinct 4
CC98-003
.r'
ApprovedIffilenledO by Commissioners' Court .
Date: I/ - 27- 98
Alvin W. Jones, Couffty Judge
V
l
6��
GTE
GTE Telephone
Operations
Access Design
301 Industrial Blvd.
Bryan, TX 77803
January 9, 1998
Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy. 21
Bryan, TX 77803
Dear Mr. Vance:
SUBJECT: AGRMNTS 24 BURIED CABLE
Enclosed are Form ED -135 and work location sketch showing the
location of our proposed buried cable on County Roads in Brazos
County at Bryan, Texas.
This work is to be completed on Work Order 5413 - 9P806GR #004
which is scheduled for January 26,1998. If you have any
questions concerning this work, please contact Jon Eernisse at
our office in Bryan, telephone 409- 821 -4783 within 15 days so
that we may explain or modify our proposal, otherwise, it is
understood that this proposal is approved.
Sincerely,
4.A ad- F P haar e Clanton
Senior Designer - Access Design
CFC:egc
Attachment
f2i;y e!t a41
A pan of GTE Corporation V0L Z—, PA "A F .
i
i
i
GENERAL TELEPHONE NOTICE OF COMMUNICATION
COMPANY LINE INSTALLATION
January 9, 1998
TO THE COMMISSIONERS COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that GTE will construct a
communication line within the right -of -way of a County Road in
Brazos County, Texas as follows:
1) Beginning 1722 ft north of the intersection of
Hwy 21 West and within 4 ft. north R.O.W. of Fazzino /RNE
mod. bury a telecommunications line north from GTE
Sta. 0 +00 to Gte Sta. 9 +30. a distance of 930 ft.
and at a depth of 30 ".
2) Continuing north from GTE Sta. 9 +30 bore across
creek 157 ft. And place 4" PVC to GTE Sta. 10 +87.
3) Continuing north from GTE Sta. 10 +87 bury a
telecommunications line to GTE Sta. 11 +77, a distance
of 90 ft. and at a depth of 30 ".
The location description of this line and associated
appurtenances is more fully shown by two (2) copies of drawings
attached to this notice. The line will be constructed and
maintained on the County Road right -of -way in accordance with
governing laws.
Notwithstanding any other provision contained herein, it is
expressly understood that tender of this notice by the GTE
Southwest Incorporated does not constitute a waiver, surrender,
abandonment of impairment of any property rights, fanchise,
easement, license, authority. permission, privilege or right, now
granted by law or may be granted in the future and any provision
or provisions so construed shall be null and void.
Construction of this line will begin on or after January 26,
1998-
GENERAL TELEPHONE COMPANY 5413 - 9PB06GR #004
C,',a't- n"' W-, #w e F c
Charles Clanton
Senior Designer - Access Design
301 Industrial Blvd.
Bryan, Texas 77803
VOL- /A-�= .SAGE 66/
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DIVISION: TEXAS AREA I EXCH.:5413 IREK CO. -000
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TITLE: TI SPAN PRINECO TAX DST.: 45001
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QVISION: TEXAS AREA EXCH.: 5413 REM. CD.: 000
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TITLE: 71 SPAN PRIMECO TAX DST,: 45001
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4
AGREEMENT
THIS AGREEMENT is by and between GOVERNMENT RECORDS
SERVICES, INC. ( "Contractor "), a Texas corporation having a place of business at 2800
West Mockingbird Lane, Dallas, Texas 75235, and BRAZOS COUNTY, TEXAS
( "User ") having a place of business at 300 East 26 1h Street, Bryan, Texas 77803
WHEREAS, Contractor has a County Clerk Cashiering/Receipting System (as
hereinafter defined and referred to as the "System ") and desires to install and put into
operation the System for User; and
WHEREAS, User desires Contractor to install the System under the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Agreement, the parties agree as follows:
I ARTICLE I
DEFINITIONS AND AGREEMENT
1.0 Definitions. For the purposes of this Agreement, the following terms shall
have the following meanings:
(a) "System" shall mean a computer system consisting of integrated
computer hardware and software which shall function as a Cashiering/Receipting
System. The System shall have the features and functions set forth in Contractor's
response to User's Request for Proposal, Request No. 97 -052 which is
incorporated herein by reference for all purposes (the "Response "), and perform
in accordance with representations made in the Response and in accordance with
the requirements set forth in User's Request for Proposal, Request No. 97 -052
which is attached hereto as Exhibit "A" and made a part hereof for all purposes.
(b) "Software" shall mean the proprietary System software as
described in Exhibit "B" attached hereto and made a part hereof for all purposes,
and shall include any updates, modifications or enhancements thereto and
associated third party supplied software and any and all user's manuals,
specifications or documentation accompanying the System.
(c) "Hardware" shall mean the computer hardware as set forth and
described in Exhibit "B ", and shall include computer hardware made for
Contractor and associated third -party supplied hardware.
1.1 Agreement. This Agreement shall have an effective date as of 1-11190
( "Effective Date "). During the term of this Agreement, Contractor shall install the ystem
in the Brazos County Clerk's Office at 300 East 26'h Street, Bryan, Texas.. During the
� i �/_
term of this Agreement, User shall perform in a timely manner User's obligations and
responsibilities to provide work space for Contractor personnel, provide User personnel
to be trained on the System, and provide Contractor with information needed by
Contractor to carry out its contractual obligations. Contractor shall perform in a timely
manner its obligation to install the System, train personnel in its use, repair and maintain
the System and perform all such other duties and obligations set forth herein.
ARTICLE 11
LICENSE AND WARRANTY
2.0 License and Confidentiality. User understands and acknowledges that
Software supplied to User is proprietary to Contractor and embodies trade secrets of
Contractor. User shall hold and use all Software in strict confidence. Upon the payment
of the fees set forth herein and subject to the terms of this Agreement, User shall have a
perpetual, non - exclusive, non - transferable license to use the System where the System is
installed; however, Contractor shall retain title to and all ownership rights to the
Software.
2.1 Source Code. Upon completion of the System installation, Contractor
shall provide User the source code for the System as installed subject to the license and
confidentiality provisions of this Agreement. In the event User modifies the Software
source code with the prior written consent of Contractor, the software maintenance and
technical support provided by Contractor in accordance with this Agreement shall be
applicable to such modification.
2.2 Hardware Warranties. Should the hardware supplied pursuant to this
Contract not adequately perform the functions for which it was chosen and as specified in
Exhibits "A" and "B ", Contractor shall replace such hardware or make such changes to
such hardware as are necessary to insure adequate performance at no additional cost to
User.
2.3 Software Warranties. Contractor warrants that the Software and
Hardware will together perform the functions described in Exhibits "A" and "B ". Should
the Software fail to perform the functions described in Exhibits "A" and 'B ", Contractor
shall replace the Software or make such changes to the Software as are necessary to
obtain such performance at no cost to User.
ARTICLE III
HARDWARE AND SOFTWARE MAINTENANCE
3.0 Hardware and Software Maintenance and Technical Support. The
rental price for the System, as stated herein, shall include the cost of maintenance and
technical support of the hardware and software.
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3.1 Maintenance and Technical Support.
(a) Contractor shall maintain the System and provide technical support
one -half (1/2) hour before and one -half (1/2) hour after normal business hours of
the Brazos County Clerk's office. All maintenance costs are included in the ,
monthly rental charge set forth herein. User agrees to contact Contractor
immediately should equipment problems occur and to provide Contractor full and
free access to the System. User also agrees to perform certain routine preventive
maintenance functions (such as daily vacuum cleaning of paper dust from all
printers) as reasonably instructed by Contractor in order to keep the hardware
clean and prevent accelerated deterioration.
(b) User shall designate in writing no more than three (3) employees
who shall notify Contractor of errors, discrepancies, or other non - conformance of
the Hardware or Software during the term of this Agreement.
3.2 Changes in Software. Contractor will make changes to software,
including all updates and enhancements developed as they become commercially
available, as requested by User at no cost or expense to the User.
3.3 Consumable Supplies.
(a) User shall be responsible for the cost of consumable supplies
utilized in the operation of the System including, but not limited to, printer
ribbons, continuous paper forms, 'computer input documents, magnetic data
storage media, disk filters, fuses, bulbs, vacuum connectors and other like
preventive maintenance parts.
(b) Contractor shall provide assistance and guidance in the design and
ordering of User's initial inventory of supply items, and Contractor shall continue
to provide such assistance and guidance for the term of this Agreement.
ARTICLE IV
PAYMENT
4.0 Payment and Payment Schedule. User shall pay to Contractor the sum of
$500.00 per month for the rental of the Hardware, Software, which rental rate shall
include the cost of maintenance and repair, personnel training and all Software updates.
ARTICLE V
INSTALLATION
5.0 Installation Sched e. Installation of Hardware and Software should be
completed on or before 8 . Failure by Contractor to install
Hardware and Software by said date shall be a breach of this Agreement and User may
terminate such Agreement with five (5) days written notice.
5.1 Installation Costs and Support. Contractor shall provide, at no cost or
expense to User, training for all County Clerk personnel as designated by the Brazos
County Clerk in the use and operation of the System.
ARTICLE. VI
LIABILITY AND INDEMNITY
6.0 Patent Indemnity. Contractor agrees to hold harmless and indemnify
User, its employees and agents from and defend, at its own expense (including reasonable
attorneys', accountants' and consultants' fees), any suit or proceeding brought against
User and/or Contractor based upon a claim that the ownership or use of the System or any
part thereof constitutes an infringement of any patent or copyright. Where applicable,
User shall notify Contractor in writing of any such suit or proceeding or significant threat
thereof and agrees to give Contractor information and reasonable assistance for the
defense. In the event User is enjoined from using the System or any part thereof,
Contractor with all reasonable speed and due diligence shall provide User the right to
continue using the System or procure for User an equivalent system having the
performance specifications set forth in Schedules A, B, and C as they may from time to
time be modified.
ARTICLE VII
TERM AND TERMINATION
7.0 Term. This Agreement shall be for a terns of one (1) year renewable
automatically on its anniversary date unless terminated by the User or Contractor. Such
renewal term shall be upon the same terms and conditions as set forth herein.
7.1 Termination. This Agreement may be terminated by the User or
Contractor for any reason, upon thirty (30) days written notice to the non - terminating
party.
7.2 Return of Software. User shall within ten (10) days after the expiration of
the term of this Agreement or within ten (10) days after the termination or cancellation of
this Agreement, return to Contractor the originals and all copies of the Software supplied
User under this Agreement and any authorized or unauthorized copies of the Software
made by and on behalf of User.
ARTICLE VI11
MISCELLANEOUS
8.0 Notice. Notices, requests and other communications required pursuant to
this Agreement shall be in writing and sent by first -class mail to the parties at the
following address:
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To Contractor: 2800 West Mockingbird Lane
Dallas, Texas 75235
Attention:
To User: 300 East 261h Street
Bryan, Texas 77803
Attention: Mary Ann Ward
8.1 Privacy. Contractor shall comply with the applicable privacy laws and
regulations affecting User and will not disclose any User proprietary records, materials,
or other data to any third party except as may be required by law. Contractor shall not
have the right to compile and distribute statistical analyses and reports utilizing
proprietary aggregated data derived from information and data obtained from User
without the prior written approval of User. In the event such approval is given, any such
reports published and distributed by Contractor shall be furnished to User without charge.
8.2 Entire Agreement. It is expressly agreed that the provisions set forth
herein constitute all the understandings and agreements between the parties. Any prior
agreements, promises, negotiations, or representations not expressly set forth in this
Agreement are of no force and effect.
8.3 Severability. Any terms or provisions of this Agreement which shall
prove to be invalid, void or illegal shall in no way effect, impair or invalidate any other
term or provision herein and such remaining terms and provisions shall remain in full
force and effect.
8.4 Assignment. This Agreement shall be binding on the parties and their
respective successors and assigns. Neither party shall assign this Agreement without the
prior written consent of the other party.
8.5 Amendment. This Agreement shall not be amended or modified other
than in writing signed by both parties.
8.6 Time. Time is of the essence in this Agreement and a substantial and
material term hereof.
8.7 Waiver. Unless otherwise agreed to in writing, the failure of any party to
require the performance by the other party of any provision hereof shall in no way affect
the full right to require such performance at any time thereafter, nor shall the waiver of
any provision hereof be taken or held to be a waiver of the provision itself.
8.8 Survival of Representations and Warranties. Except as otherwise
provided in this Agreement, representations and warranties contained in this Agreement
shall survive the termination of this Agreement for any reason.
8.9 Laws Governing. The existence, validity and construction of this
Agreement shall be governed by the laws of the State of Texas.
VOL .-..PAGE
IN WITNESS WHEREOF, Contractor and User have duly executed this
Agreement.
CONTRACTOR: USER:
GOVERNMENT RECORDS BRAZOS COUNTY, TEXAS
SERV,ICCES, INC. &
By: Title: e,�t� Judg AI Jones, Co u Wfu-&g-e
Date: 2-). j 99R Date: i - 'y- - a a
97- 3094:PEWds
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EXHIBIT 'W'
REQUEST FOR PROPOSAL
CASHIERING G SYSTEM FOR COUNTY CLERK
BRAZOS COUNTY PURCHASING OFFICE
Brazos County Courthouse, Suite 214 Request No. 97 -052
Bryan, Texas 77803 Page 1 of I1 pages
Telephone (409) 3614290
Proposals will be received at the Brazos County Purchasing Office until 1 e30 P. M., Wednesday
SgRteruber 24. 1997 and publicly opened and acknowledged at 2:00 P. M._ Wednesday,
September 24. 1997 in the Brazos County Commissioners' Courtroom, Suite 115, Brazos County
Courthouse, Bryan, Texas. `
A. SCOPE
Brazos County's intent of this Request for Proposal and resulting contract is to obtain proposals
from vendors for a Cashiering/Receipting System initially intended for the County Clerk office
with capabilities to expand to other Brazos County networked offices.
B. TERMS AND CONDITIONS
The following terms and conditions apply to all proposals and become a part of the terms and
conditions of any proposal submitted to Brazos County, unless otherwise specified elsewhere in
this request. All are required to be informed of these Terms and Conditions and will be held
responsible for having done so:
1. Definitions: in order to simplify the language throughout this request, the
following definitions shall apply.
a. BRAZOS COUNTY - Same as County. o►- •—�- -:
b. COMMISSIONERS' COURT - The elected officials of Brazos County,
Texas given the authority to exercise such powers and jurisdiction of all
county business as conferred by the State Constitution and Laws.
C. CONTRACT - An agreement between the County and an Offeror to
provide services as specified.
d. CONTRACTOR - The successful Offeror(s) of this request.
e. COUNTY - The government of Brazos County, Texas and its authorized
representatives.
f. SUB - CONTRACTOR - Any contractor hired by 'the Contractor or
Supplier to provide services specified in this request.
g. SUPPLIER - Same as Contractor.
2. Proposals must be received by the Purchasing Department prior to the time and
date specified. The mere fact that the proposal was dispatched will not be
considered; LATE PROPOSALS VM.L BE RETURNED UNOPENED
vu►.--It_ paUE 1,xd ,
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Continuation R" No. 97-052
Request for Proposal MMIBIT "A" Page 2 of It
3. Brazos County reserves the right to accept or reject in part or in whole, any
proposals submitted, and to waive any technicalities for the best interest of the
County.
4. Brazos County shall not be responsible for any verbal comnumication between any
employee of the County and any potential offeror. Only written proposals will be
considered.
5. Brazos County reserves the right to reject any proposal that does not fully respond
to the request.
6. Offeror(s) must include Employer Identification Number or Social Security
Number for the proposal to be valid.
7. Should there be a change in ownership or management, the contract shall be
canceled unless a mutual agreement is reached within 30 days of notification of
new ownership. The new owner or manager will continue the contract with its
present provisions and prices. The contract is nontransferable by either party.
8. Brazos County may cancel the contract at any time for any reason, provided a
thirty day written notice is given.
9. Acceptance of the contract shall be made by Brazos County at their sole discretion
when all terms and conditions of the contract and specifications have been met to
their satisfaction, including the submission to Brazos County of any and all
documentation as may be required.
10. This proposal will be made part of any resulting contract the County may enter
into.
C. SPECIAL PROVISIONS•
1. Questions and inquiries about this Request for Proposal should be directed to:
Cheryl K Tutney, County Purchasing Agent at (409) 361 -4290.
2. Fill out the proposal completely and return one original and three copies in an
envelopelpackage clearly marked "Request for Proposal No. 97 -052" to the
Brazos County Purchasing Office, Brazos County Courthouse, 300 East 26th
Street, Suite 214, Bryan, Texas 77803 -5327.
3. There is no expressed or implied obligation for Brazos County to reimburse
responding service providers for any expenses incurred in preparing proposals in
response to this request Brazos County will not reimburse responding offerers for
these expenses.
4 During the evaluation process, Brazos County reserves the right, in the best
interest of the County, to request additional information or clarification front
proposers, or to allow corrections of errors or ormssions
VOL
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Continuation RFP No. 97 -052
Request for Proposal EXHIBIT 'W' Page 3 of 11
5. At the public opening, there will be no disclosure of contents to competing
offerors, and proposals will.be kept secret during the negotiation process. Except
for trade secrets and confidential information which the offeror identifies as
proprietary, all proposals will be open for public inspection after the contract has
been awarded and executed.
6. The contract shall be awarded to the responsible offeror whose proposal is
determined to be the lowest evaluated offer resulting from negotiations,
considering the relative importance of price and other factors set forth in this
request for proposal.
7. All proposals reasonably susceptible to being selected will be given fair and equal
consideration, and discauAons may be conducted with these proposers. For the
purpose of obtaining best final offers, the proposals may be revised before
awarding the contract. Oral negotiations must be confirmed in writing prior to
contract award. However, a contract may be awarded without any negotiation of
proposals.
8. Offeror shall submit with this proposal a list of at least three (3) references where like
services for similar projects have been performed by the firm (County or government
experience preferred). Include name of County (or Company), address, telephone
number, and contact person.
9. Lease or Lease Purchase Considerations: Term of the contract shall be for five (5)
years, renewable annually, pending fund appropriation by the Commissioners Court of
Brazos County. If funding is not appropriated for any reason, the contract shall be
terminated without penalty.
D. EVALUATION FACTORS
After receipt of proposals, Brazos County will use the following criteria in the selection process:
25% System design, performance, and features including samples as may be required
25% References
20% Cost of system hardware and software
15% Response to RFP (clarity of proposal and supporting data)
15% Presentation and/or demonstration to Committee and/or Commissioners Court
E. APPLICATION SPEC171CATIONS
For each of the specifications in this section, reply with one of the following "Response Codes ".
An omitted response or deviation from these codes will automatically receive a code of "N'
(System Not capable of meeting this specification). These specifications represent the desired
system functions. If an offerer is unable to meet a specific requirement, the County will take into
consideration other elements such as custom development costs, total cwa of the system
piopmed, wid altematrve approaches that may he piesented
VOL /Z- ..PAf3F,
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Coatiaaation
Request for Proposal
Response
EXHIBIT "A"
RFP No. 97 -052
Page 4 of 11
Cade Description
C Specification will be met by the offerer's standard package. TNs function is arnraily
Commercially available and is installed and operating at other sites. All costs are
reflected in the Cost Schedule.
B Specification can be met by package function that is currently under development and is
in Deta test and is scheduled for commercial release. No additional cost would be
required to comply with this specification.
D Specification can be met as presented by additional Development of Software. The cost
of developing this software to support this specification is included in the Cost Section
shown under "Custom Cost"
M Specification can be met as presented by Modification to Brazos County equipment
and/or software. All costs would be the responsibility of the County.
A Specification can be met by an Alternative approach. The County understands that
these specifications may be met by an Alternative approach. Alternative approaches
presented must provide in "form and function" outcomes that will meet the specification.
For all specifications listed with this code, provide a detailed description of the alternative
approach offerer would like the County to consider. All costs must be reflected in the
Cost Section.
N The system proposed is Not capable of meeting this specification.
Specifications and Functions Response Code
a. Run on an BP9000 (BP UX 9.04) mainframe t V
Describe.
b. Run on a, local area network (Novel 4.1) V
Describe:
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Continuation
Request for Proposal EXHIBIT "A"
a Automatically generate and assign the following information:
date
time
sequential file numbers
capable of mating changes manually
Describe:
d. Automatically generate volume and page numbers to cut off at 350 pages
per book
capable of making changes manually
Describe:
e. System password protected
Describe:
k- M%CEa.S — �t 1 o P �tinrtN` See s"�ra+.
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E System contains on -line polyp help windows
Describe:
g. System allows user -defined fee codes and categories
Describe: Ak.S. P EC. 0-%P" VS taws b kj%,-Mf,66 mss
N"(> c1s N VA
R" No. " -052
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Continuation RFP No. 97 -052
Request for Proposal EXHIBIT "A" Page 4 of 11
Response '
.fie Description
C Specification will be met by the offerees standard package. This function is c ur=dy
Commercially available and is installed and operating at other sites. All costs are
reflected in the Cost Schedule.
• function that is currently under develo meat and is
B Specification can be met by package Y develop
meat
Beta test and is scheduled for commercial release. No additional cost would be
required to comply with this specification_
D Specification can be met as presented by additional Development of Software. The cost
of developing this software to support this specification is included in the Cost Section
shown under "Custom Cost" ti
M Specification can be met as presented by Modification to Brazos County equipment
and/or software. All costs would be the responsibility of the County.
A Specification can be met by an Alternative approach. The County understands that
these specifications may be met by an Alternative approach. Alternative approaches
presented must provide in "form and function" outcomes that will meet the specification.
For all specifications listed with this code, provide a detailed description of the alternative
approach offerer would like the County to consider. All costs must be reflected in the
Cost Section.
N The system proposed is Not capable of meeting this specification.
Specifications and Functions Response Code
a. Rua on an BP9000 O�T UX 9.04) mainframe
Desazbe:
b. Run on a local area network (Novel 4. 1) V
Describe:
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Continuation
Request for Proposal EXHIBIT "A"
a Automatically generate and the folio information:
j Y g� �g
date
time
sequential file cumbers
capable of making changes manually
Describe:
RFP N0. 97 -0S2
Page 5 of 11
C—
` d. Automatically generate volume and page numbers to art off at 350 pages
' per book 1 L �--
capable of making changes manually
I Describe:
e: System password protected
Descab c
e: ksmt-, % S v e,. -M=my /aT
QM A'P 9Ukt/TTL6 J
£ System contains on -line pop-up help windows
Describe:
g. System allows user- defined fee codes and categories
Describe: Q.OE.S ^&i t**
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Continuation
RFP No. 97-052
Request for Proposal EXHIBIT "A"
Page 6 of 11
L System allows user-defined receipt layout C-
Describe: . C-o"Tatr&S ft 16MMS of
urs lkas-x
or, 40-a-s-
L System is capable of the fbilowinX
aborting
suspending
C!
changing an entire receipt or a specific instrument on a receipt
Describe:
j. Supports consolidated single receipt for multiple filings/fees
Describe:
IL System accepts the following-
multiple checks
C-
cash
charge account (draw down or monthly invoiced)
credit & debit cards
any combination of these
prints an a single receipt
Describe:
L System calculates change due
Describe:
V0L-/26v-..PA(3E
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Continuation
RFP No. 97 -052
Request for Proposal MMUT "A"
Page 7 of 11
rn. System provides an interface to post transactions and fees to appropriate
funds via batch files in the County General Ledger System (Pentamation -
an Informix SE based accounting softwampackage).
interface file is in ascii format
fixed length fields
account number - 8 characters
debit amount - 12 characters, using 999999999.99 format
credit amount - 12 characters, using 999999999.99 format
date entered - 10 characters, using MM/DD /CCYY format
example: 11111111222222222.22333333333.3399/99/9999
file contains one DEBIT record with the sum of all debits to a
C
single, user - defined account
file contains one CREDIT per us - defined account being credited,
creating a type of summary for th Journal entries
allows for multiple downloads per day without destroying previous
entries
Describe: C APAQSttSC4 h -j tN1VLZAe.0 <.+tT%
XA P Ok 00 o tau S-C 06t A OOG To —T9- ec,
Sit sX�
a Reports available:
per cashdrawer
per operator
entire system
fees collected by document type and number
daily receipts
instrument number
transaction
fee distribution
daybook
accounts receivable
balancing reports
statement of account for charge customers
daily deposit reports
Describe:
VOL
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Continuation RFP No. 97-052
Request for Proposal EXHIBIT "A" Page $ of 11
o. Provide cash drawer balance and activity reports C--...,-�
Describe:
p. Provides capability of multiple cash drawers at various locations
Describe:
q. Security for cash drawer access.
Describe: SF wet,eo4 l5 Q Qbv i !b4O
Ws(l- tLSTATieN �CA$�i �Q.Al.�6(L -�� AUO
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CAS%-i "M414KX5 'P6lZ.. wcet �»T�oN l�Q�6 SuP�bfC�;��
r. Integrate the fees due with cash management software to: C
control the cash drawer opening
account for cash received �_..
account for checks received
allow combined cash/check transactions
verify cash rn drawer
Describe. .
s. Provide error messages when a mamral override of pre - defined system
tables/calculations is requested
Describe: MANIA%, OV4*6 -" Z l5 A
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M.) SZ kipV5 SS W � SL' (MV£ 1,
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Continuation RFP No. 97 -052
Request for Proposal EMBIT "A" Page 9 of I1
t. Support creation of a "document return" address entry
Describe:
u. Integrate the "document return" address entry with automatic creation
of mailing labels
Describe:
v Support single key stroke (hot -keys) for duplications of field values on
multiple recordings C,
Describe.
w. System performs on -line merging eliminating the need to mad multiple
files that could be merged or printed.
Describe:
x Additional reoording/indodrig reports printed landscape on 17"x 11" J
daily index by instrument number P
daily, monthly, yearly index by grantor /grantee
List of instrument types
missing instrument list `.
Describe: VS QFt-DV p4Gy> owl 8 X x 11 a cL $ r x 14-
(LL`LTSiL nN) o�� �� x 1t t.1 N6T w4.Q.LNZ`C SvCPO(�Z9
F. HARDWARE SPECIFICATIONS
VOL ..P'AU ,, 00,
Continuation
Request for Proposal
EXHIBIT "A"
RFP No. 97 -052
• Paige MOM
11
Proposals must specify hardware configuration that is capable of expanding to multiple
workstations at various location to include as a minimum the following:
a) mainframe or client/server application
b) one workstation with 17" monitor
c) one cash drawer
d) one receipt printer
e) one file stamp/validation printer
G FORMAT REOUIREMENT•
1. Completion of coded responses in Section F. Application Specifications must be
submitted as part of this proposal.
2. Proposal shall distinguish system design, performance, features and proposed training
and maintenance for System hardware.
3. Proposal shall distinguish system design, performance, features and proposed training
and maintenance for System software (including programming language and/or
database used).
4. Each proposal submitted shall include a m+neffnim of three references for similar work,
preferably from County or District Clerks in the State of Texas, to include addresses,
phone numbers, and contact names.
5. Proposal shall distinguish cost of system including training, warranty, and maintenance
for the following:
a. Hardware
1. Purchase
2. Lease/Purchase
3. Lease
b. Software (mclude option(s) for multiple workstations) '
1. Purchase
2. LeasetTurchase
3. Lease
6. Proposal may include alternative approaches or custom development and associated
costs when identified as a deviation from specifications
7. Provide samples of reports, file stamp, and receipts.
8. Provide sample contract documents.
U. CERTIFICATION
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Continuation RFP No. 97 -052
Request for Prpposal E MIBIT "e" Page 11 of 11
The undersigned affirms that they are duly authorized to represent this firm, and that this proposal
has not been prepared in collusion with anyc other offeror, and the contents of this proposal have
not been communicated with any other off r prior o the official opening of this proposal.
Signed By. 1--�:N 11� N\06 '(L� Title: y%O SAMl 6
Typed Name: MA C 0-1
Company Name: Cso�WtTr 9ECAIwQS A4%' -.rcS Phone No. goo -t82 -s6SL
Mailing Address: t."eSr
P. O. Box or Street City State Zip
Employer Identification Number: rl
Social Security Number.
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
END OF REQUEST FOR PROPOSAL NO. 97-052
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RIM
COUNTY CLERK
CA3C; ERON@ SYSTE M
CONFOGMRATOON
a Data Base Server - Quantity 1
• Hardware
• Compaq ProSignia 200. 5/166 Model 2500
ISA & PCI Architecture
• Intel Pentium - 166 MHz
• 64 MB RAM
• 1.44 MB 3.5" Floppy Disk Drive
• 2.5 GB Enhanced IDE Hard Disk Drive
• 8X IDE CD -ROM
• Netelligent 10T Ethernet PCI UTP Controller
• Compaq V50 15" SVGA Color Monitor
• Mini -Tower Case
• Compaq 4mm 4/16 GB TurboDAT Digital
Cartridge Tape - Internal
• Surge Suppressor
• APC e..-- -
• Software
• Novell
• Sybase ,� t VS - NLM
• Cheyenn e
Brazos County Clerk Cashiering System Configuration Page 1
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b. Cashiering Workstation - Ouantity 2
• Hardware
• Compaq Deskpro 2000 Model 5166/2400
• ISA & PCI Architecture
' Intel Pentium - 166 MHz
• 32 MB EDO RAM
* 1.44 MB 3.5" Floppy Disk Drive
* 2.4 GB SMART EIDE Disk Drive
• 3COM Fast Etherlink XL Parallel Tasking
PCI 10 /100BASE -TX Ethernet Adapter
* Compaq 17" V70 1024 x 768 Color Monitor
* Mouse
• Ithaca Data Systems Model 93 Printer
* Receipts, Validation, and Stamping
' Indiana Cash Drawer Model SLD2120
' APC Backup UPS 250 Office
' Software
* MS- Windows
Brazos County Clerk Cashiering System Configuration Page 2
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EXHIBIT ^B"
Brazos County Clerk Cashiering System Conllguiatlon Page 3
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c. Laser Printers and Miscellaneous
• Hardware
•
Hewlett Packard LaserJet 5N
• 12 Pages Per Minute
• Hewlett Packard JetDirect 1013ase -T
Network Interface Card
• Legal and Letter Tray
•
Hewlett Packard AdvanceStack 1013ase4 8 Port
RJ-45 Ethernet Hub
•
American Power Conversion Smart UPS 1000
•
Hayes Accura 336 Modem/Fax (33.6 kbps)
•
Cables, Connectors, etc.
• Software
•
Hayes SmartComm
•
Symantec pcAnywhere
Brazos County Clerk Cashiering System Conllguiatlon Page 3
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1997 -1998 BUDGET YEAR
NO. 97/98 -14.1
On this the 27th day of January 1998 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1;
Wm. S. Thornton, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Carey Cauley, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on January 27, 1998 the Court heard and approved
a budget amendment for the 1997 -1998 budget year for Brazos County,
Texas.
WHEREAS, an expenditure is necessary due to the necessity to
meet unusual and unforeseen conditions which could not be
reasonably included in the original budget adopted September 23,
1997 the following amendment(s) to the original are hereby
authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 20th day of January 1998.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: !21 Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
Budget Amendment File
VOL
11
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f
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
97/9814.1
1/27/98
FD DIV ACCT PROJ DR /CR ACCOUNT NAME Increase Decrease
45 630005 613250 305098 Dr Minor Furniture 250.00
45 630005 803420 305098 Cr Furniture 250.00
Capital Projects - Constable Precinct 5
To reclassify budget to Minor Furniture of (2) File Cabinets which will cost less than the $200
required to meet the fixed asset requirements.
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