HomeMy WebLinkAbout1998-11-03-0900AM-RegularBRAZOS COUNTY
BRYAN. TEXAS
AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
NOVEMBER 3,1998 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation - Commissioner Jones.
2. Pledge of Allegiance - Commissioner 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 recording is made of the meeting; therefore, please give your name and address for the
record.)
Consider and take action on agenda items 4 - 31:
4. Personnel Change of Status.
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5. Payment of Claims.
6. Recommended list of Presiding and Alternate Election Judges.
7. The 1999 SB 102/EMS Contract with the Texas Department of Health.
8. Request by the Maintenance Department to change a Technician I position to be a
Technician II position.
9. Lease Agreement with the Harvey Community Center for the citizen collection site in
Harvey.
10. Recurring Payment Request for the Texas A&M Department of Psychology (services for
Juvenile Services).
11. Retirement benefits for County employees.
12. Resolution accepting responsibility for ten percent cost of right-of-way acquisition for SH
21 widening project from Coulter Field to Kurten.
13. Payment plan for right-of-way acquisition for SH 21 widening project from Coulter Field
to Kurten.
14. Contract renewals with mandated providers of indigent health care services.
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Commissioners Court Meeting Agenda
November 3, 1998
Page Two
15. Request by Sheriff's Office, Jail Administration to modify classification of Sergeants'
positions.
16. The resolution authorizing the collection of a $15.00 fee for a Returned Check and a$ 15.00
fee for a Stop Payment Order.
17. The resolution adopting the revised Brazos County Investment Policy and the revised
Brazos County Investment Strategy.
18. The resolution approving the members of the Brazos County Investment Advisory
Committee.
• 19. The resolution adopting the list of Investment Brokers for Brazos County.
20. The Replat of Tracts 8, 9, 11, 12, 13, 14, 15, 16 and 17 Lake Ridge Estates, a private
subdivision, E. M. Millican League A-40, per requirement of the 272nd District Court. Site
is located in Precinct 1.
21. The Replat of Lot 1, Block One, Lambert Subdivision, Phase One, T. J. Allcorn League.
Site is located in Precinct 3.
22. The Revised Replat of Tract "N" to create Lots IN, 2N and 3N, Ray Cowart Division, S.
D. Smith Survey, A-210. Revision is to correct the survey to the S.D. Smith, A-210, only.
Site is located in Precinct 1.
23. The Preliminary Plat of the Nantucket Cove, a resubdivision of 30.178 acres out of Deer
Park Subdivision, Sterrett D. Smith Survey, A-210. Site is located in Precinct 1.
24. Blanket Purchase Orders.
25. Approval to advertise for bids for installation of a new ADA elevator at the Courthouse
Annex.
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26. Requisitions from Capital Projects Fund:
a. Replacement monitors (two) for Computer & Network Services
b. Replacement server for District Attorney's Office
c. Replacement server for Health Department
d. Wordperfect License for Juvenile Services Department
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27. Requisition for electronic equipment from the D. A. Crime Fund.+ J
28. Requisition to Union Pacific for construction of public road crossing at Rock Prairie Road
and Gandy Road. Site is located in Precinct 1.
29. Approval of Exemption from Competitive Bidding for South Central Marketing.
30. Award the following bids and requisitions for the Road & Bridge'Department:
a. Bid No. 99-006 Equipment Lubricants
b. Bid No. 99-007 Oversized Limestone
c. Bid No. 99-008 Heavy Machinery Rental
d. Bid No. 99-009 Road Signs and Sign Posts
e. Bid No. 99-010 Rental of Equipment with Operator
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Commissioners Court Meeting Agenda
November 3, 1998
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Page Three
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31. Approval of minutes from Commissioners Court meetings conducted on September 1,
,
1998, September 8, 1998, September 15, 1998, September 29, 1998; a Special Meeting
;
conducted on September 1, 1998 and a Workshop conducted on September 15, 1998.
32. Acknowledgement of receipt from Kay Hamilton, Brazos County Treasurer, of the
;
Certification of Completion of 40 hours of instruction during the County Treasurers
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Continuing Education Seminars for the 1996-1997 training period.
V.
33. Acknowledgement of the receipt of County Treasurer Kay Hamilton's certification of
completion of Investment Training as required by the Public Funds Investment Act and the
Brazos County Investment Policy.
34. Acknowledgement of the receipt of Terri White's certificate of completion of training to
maintain County Investment Officer certification and to satisfy the requirements of the
Public Funds Investment Act and the Brazos County Investment Policy.
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35. Announcement of interest items and possible future agenda topics.
36. Call for citizen input and/or concerns.
37. Adjourn.
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The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for
sign interpretive services must be made two business days before the meeting. To make
arrangements, call (409) 361-4102.
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COMMISSIONERS' COURT
REGULAR MEETING
NOVEMBER 3, 1998
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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, November 3, 1998, with the following members
of the Court present:
Alvin W. Jones, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1;
Wm. S. Thornton, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
Attached is a list of the citizens and officials in
attendance.
Commissioner Jones gave the invocation and led the pledge
of allegiance.
There was no citizen input and/or concerns.
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT REASON
Bailey, Brenda Co. Attorney Trans to HC
Ballard, W., Jr. Co. Attorney Trans to CA
Madison, Prentiss Juvenile Serv. New Employee
Auston, Jennifer Juvenile Serv. New Employee
Court, Linda Tax Office Resignation
Espinoza, Felicia Tax Office Promotion
Boenigk, Dana Tax Office New Emp Temp
on motion by Commissioner Sims, seconded by Commissioner
Cauley, 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:
99-000933 through 99-001148
On motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to appoint the following
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Commissioners Court meeting November 3, 1998 2
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Persons as presiding judge and alternate judge for the current
voting year at the following voting precincts:
Pct Election Judge Alternate Judge
9 Eugenia Godfrey
11 Joe Moreno
24 Teresa Ramirez
32 Arthur Davila
The next matter before the Court was consideration of a
contract with the Texas Department of Health for the
administration of the 1999 SB 102/EMS Grant in the amount of
$3,255.00. Brazos County, the Performing Agency, shall
develop, implement and maintain financial management and
control systems. The Receiving Agency will provide funding to
assist the Performing Agency in the enhancement and delivery
of patient care in the EMS and trauma care system. The
Receiving Agencies in Brazos County are the Bryan Fire
Department, College Station Fire Department and St. Joseph
Regional Health Center. On motion by the County Judge,
seconded by Commissioner Sims, the Court voted unanimously to
enter into contract with the Texas Department of Health for
the administration of the 1999 SB 102/EMS Grant. A copy of
the Contract is attached hereto.
The Court next considered a request from the Building
Maintenance Department to change the position of Technician I
to Technician II. It is necessary to use this position to
train someone to work on security equipment at the Juvenile
Justice Facility, the old jail and the new one. A Technician
II position requires considerable electrical and mechanical
skills that a Technician I does not require. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to approve the request to change the
position of Technician I to Technician II.
The Court next considered renewal of a lease agreement
between Brazos County and the Harvey Community Center for
rental of space for the Citizen's Collection Station in
Precinct 3. Term of the lease is for the period of nine (9)
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Commissioners Court meeting November 3, 1998
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months commencing on January 1, 1999 and ending on September
30, 1999. The County agrees to pay the Harvey Community
Center the amount of one hundred dollars ($100.00) per month.
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to renew the lease
agreement between Brazos County and the Harvey Community
Center for the period stated above. A copy of the lease
agreement is attached.
The Court next considered authorizing the Auditor's
office to process recurring payment requests for the
following:
a) Texas A&M Department of Psychology for
counseling services for Juvenile Services
$9,962.37
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to authorize the Auditor's
office to process the previously noted recurring payment.
The next matter for consideration was the selection of
retirement benefits for County employees. On motion by
Commissioner Cauley, seconded by Commissioner Thornton, the
Court voted unanimously to continue with the current funding
percentage (ratio) of 2.25% to 1.
On motion by the County Judge, seconded by Commissioner
Sims, the Court voted unanimously to adopt a Resolution
accepting responsibility for ten (10) percent of the cost of
said right-of-way for the improvement of SH 21 project from
Coulter Field to Rurten. The cost is currently estimated at
$250,000.00 The Texas Department of Transportation will be
responsible for acquiring all property required for the
project. Acquisition procedures will be in accordance with
policies of the Texas Department of Transportation and with
applicable Federal and State laws governing the acquisition
policies for acquiring real property. A copy of the
Resolution is attached hereto.
The Court next considered approval of an Agreement to
Contribute Funds for the establishment of a payment plan for
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Commissioners Court meeting November 3, 1998 4 t
right-of-way acquisition for the SH 21 widening project from
Coulter Field to Kurten. Upon execution of the Agreement,
Brazos County will make a payment of $75,000.00. On the first
anniversary of the Agreement the County will pay $85,000.00.
On the second anniversary of the Agreement the County will
make a final payment of $90,000.00. On motion by Commissioner
Sims, seconded by Commissioner Thornton, the Court voted
unanimously to approve the Agreement to Contribute Funds for
the establishment of a payment plan for right-of-way
acquisition for the SH 21 widening project from Coulter Field
to Kurten. A copy of the Agreement is attached hereto.
The next matter for consideration was an Agreement for
Renewal of Contract with the mandated providers of indigent
health care services. On motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court voted unanimously
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to renew and extend the contracts dated September 1, 1995 for
the term of one year beginning September 1, 1998 as if all the
provisions of that agreement were stated in this document in
their entirety. A copy of the Agreement for Renewal of
Contract is attached hereto.
The Court next considered a request by the Sheriff's
office, Jail Administration to modify classification of
Sergeants' positions from exempt status to non-exempt status.
The Jail Administrator argued that these positions are first
line supervisors that are required to work shifts and perform
all the duties of the employees they supervise. Their
additional duties as supervisors fall far short of the 50%
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required by the FLSA standard for exempt status. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to approve the request of the Sheriff's
Office, Jail Administration to modify classification of
Sergeants' positions from exempt status to non-exempt status.
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to adopt a resolution
authorizing the County Treasurer, or another officer who
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Commissioners Court meeting November 3, 1998 5
receives revenue in place of the County Treasurer, to collect
a Returned Check fee of $15.00 and to collect a Stop Payment
-Order fee of $15.00.
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to adopt a resolution
adopting a written Investment Policy concerning the investment
of funds or group of funds and adopt Investment Strategies
with the clarification on 3.23 of Statute II.
The County Judge moved to approve the following list of
members of the Brazos County Investment Advisory Committee:
1. Bookman Peters, CPA
2. Kevin McGinnis, Assistant Director of Treasury
Services of the A&M System
3. Randy Sims, Commissioner Precinct 3
4. Ruth McLeod, Executive Assistant to
Commissioners Court
5. Rod Anderson, Assistant County Attorney
Commissioner Cauley seconded the motion. Commissioners Jones,
Thornton and Cauley and the County Judge voted "Aye".
Commissioner Sims abstained.
The Court next considered approval of the re-plat of
Tracts 8,9,11,12,13,14,15,16 and 17 Lake Ridge Estates, a
private subdivision, E.M. Millican League A-40, per
requirement.of the 272nd District Court. The site is located
in Precinct 1. Richard Vance, County Engineer, stated that he
had reviewed the plat and recommended acceptance. On motion
by Commissioner Jones, seconded by Commissioner Sims, the
Court voted unanimously to approve the re-plat of Tracts
8,9,11,12,13,14,15,16 and 17 Lake Ridge Estates Subdivision.
The Court next considered approval of the re-plat of Lot
1, Block One, Lambert Subdivision, Phase One in Precinct 3.
Richard Vance, County Engineer, stated that he had reviewed
the plat and offered the following comment:
1) Show utility easements around perimeters to
both new lots.
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approved the re-plat of
Lot 1, Block One, Lambert Subdivision Phase One subject to the
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Commissioners Court meeting November 3, 1998 6
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developer complying with the exception noted by the County
Engineer.
The Court next considered approval of the revised plat of
Tract "N" to create Lots 1N, 2N, and 3N, Ray Cowart Division,
in Precinct 1. Richard Vance, County Engineer, stated that he
had reviewed the plat and offered the following comment: `
1) Show utility easements around perimeters to
both new lots.
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approved the revised
plat of Tract "N" to create Lots 1N, 2N, and 3N, Ray Cowart
Division, subject to the developer complying with the
exception noted by the County Engineer.
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The Court next considered approval of the Preliminary
Plat of the Nantucket Cove, a resubdivision of 30.175 acres
out of Deer Park Subdivision in Precinct 1. Richard Vance,
County Engineer, stated that he had reviewed the plat and all
appeared to be in order. On motion by Commissioner Jones,
seconded by Commissioner Thornton, the Court voted unanimously
to approved the preliminary plat of the Nantucket Cove.
The Court proceeded to consider the following blanket
Purchase Orders:
Viking Off Supply Treasurer $ 500
Bruchez, Goss Health Dept $2,500
Eng and Off Supply District Clerk $1,000
Lange Mircographic District Clerk $3,500
Buchanan Soil Mech Road & Bridge $5,000
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The next matter for consideration was approval for the
Purchasing Agent to advertise for bids for installation of a
new ADA elevator at the Courthouse Annex. On motion by
Commissioner Jones, seconded by Commissioner Cauley, the Court
voted unanimously to authorize the Purchasing Agent to
advertise for bids for the installation of a new ADA elevator.
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Commissioners Court meeting November 3, 1998 7
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The Court next considered approval of requisitions from
Capital Projects Fund for the following purchases:
a) Replacement monitors (two) for Computer &
Network Services $975.32
b) Replacement server for District
Attorney's office $7,460.00
C) Replacement server for Health Department
$7,460.00
d) 32 Wordperfect Licenses for Juvenile
Services Department $3,963.00
on motion by Commissioner Cauley, seconded by Commissioner
Thornton, the Court voted unanimously to approve the
requisitions to be paid from Capital Projects Fund.'
The Court next considered approval of a requisition for
electronic equipment from the D. A. Crime Fund in the amount
of $4,370.00. On motion by the County Judge, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the requisition for electronic equipment.
The next matter before the Court was approval of a
requisition to Union Pacific for construction of a public road
crossing at Rock Prairie Road and Gandy Road in Precinct 1.
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the
requisition to Union Pacific for construction of a public road
crossing.
The Court next considered approval of exemption from
competitive bidding for South Central Marketing. Commissioner
Cauley moved to approve. Commissioner Thornton seconded the
motion. The County Judge stated that approval for this would
not be required because the order had been canceled.
Commissioners Cauley and Thornton withdrew their motion and
second. On motion by Commissioner Cauley, seconded by
Commissioner Thornton, the Court voted unanimously to deny the
exemption from competetive bidding for South Central
Marketing.
The Court next considered awarding the following bids:
yr Hid No. 99-006, Equipment Lubricants
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Commissioners Court meeting November 3, 1998
John Hachmann, Purchasing Agent,
recommended acceptance of the bid
submitted by Timmons Oil on items 1
through 11 and H&M Wholesale on item 12.
A copy of the bid tabulation is attached.
Bid No. 99-007, Oversized Limestone
John Hachmann, Purchasing Agent,
recommended acceptance of the bid
submitted by Gifford Hill as Primary and
the bid submitted by Austin Crushed Stone
as Secondary. A copy of the bid
tabulation is attached.
Bid No. 99-008, Heavy Machinery Rental
John Hachmann, Purchasing Agent,
recommended acceptance of the bids
submitted by Udelson Equipment on items
1,2,4,5,6,7,8,13,14,; R. B. Everett on
items 3, 11,15,16 and Mustang Rental on
items 9,10,12,17,18,19,20,21 as Primaries
and the bids submitted by Udelson
Equipment on item 17, R. B. Everett on
items 12,13,14,18,19,20; Mustang Rental
on items 1,2,4,5,8,16 and Rental Service
Corp. on items 3,11,21 as Secondaries. A
copy of the bid tabulation is attached.
Bid No. 99-009, Road Signs and Sign Posts
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John Hachmann, Purchasing Agent,
recommended acceptance of the bid
submitted by Custom Products as Primary
on HDO items 1 through 50, 54 through 60,
64 though 69, 71,76, 78 through 89,
91,92,97A,98 through 101, 107 through
110, 118 through 121, 125 through 129,
133 through 147; as Secondary on items
51,52,53,70,71,72,75,77,& 117; as Primary
on Aluminum items 1 through 24, 27
through 50, 54 through 90, 93a, 94a, 95a,
96a,97a; as Secondary on items 51
through 53; Rocal as Primary on HDO items
51 through 53, 61 through 63, 70,72
through 75, 77,90,113 through 116, & 122;
as Secondary on items 133 through 141; as
Primary on aluminum items 25,26, 51
through 53, 19 through 93, 94,95, 96, &
97; Spot Purchase as Primary on HDO items
93 through 97; Roadrunner as Primary on
items 102 through 106, --111,124,132;
Pathmark as primary on items 130 & 131;
Hall Signs as Primary on items 117 and
148. A copy of the bid tabulation is
attached.
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Bid No. 99-010, Rental of Equipment with Operator
John Hachmann, Purchasing Agent,
recommended acceptance of the bid
submitted by Texcon as Primary and the
bid submitted by CLH Enterprises as
Secondary. A copy of the bid tabulation
is attached.
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Commissioners Court meeting November 3, 1998 9
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On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to accept the
recommendation of the Purchasing Agent and award the contracts
as noted and the requisitions for payment.
The Court next considered approval of the minutes of the
Commissioners' Court meetings held in September, 1998 on the
following dates: 1, 8, 15, 29; Special Meeting held September
1 and Workshops held on September 15, 1998. On motion by
Commissioner Cauley, seconded by Commissioner Thornton, the
Court voted unanimously to approve the minutes as submitted.
The Court acknowledged receipt from Kay Hamilton, Brazos
County Treasurer, the Certification of Completion of 40 hours
of instruction during the County Treasurer's Continuing
Education Seminars for the 1996-1997 training period.
The Court acknowledged receipt from Kay Hamilton, Brazos
County Treasurer, the Certification of Completion of
Investment Training as required by the Public Funds Investment
Act and the Brazos County Investment Policy.
The Court acknowledge receipt from Kay Hamilton, Brazos
County Treasurer, the Certification of Completion of training
for Terri White to maintain County Investment Officer
certification and to satisfy the requirements of the Public
Funds Investment Act and the Brazos County Investment Policy.
There was no citizen input and/or concerns.
Commissioner Cauley made the following comments:
1) On Tuesday, November 10, 1998 a workshop
will be held on globalizing county
records.
The County Judge announced that the Court would meet on
Friday, November 6, 1998 to canvass the results of the Special
Election
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners Court meeting
held November 3, 1998 have been examined and are approved in
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open Court this the T!~ day of 1911-7
in Bryan, Brazos County, Texas.
al- L: 0)~ -
Alvin W. Jone
County Judge
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Am. S. Thornton
Commissioner,
Precinct No. 2
Commi Toner,
Precinct N 1 L7/
TPII Jo es'
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Carey Cau ey, Jr. .
Commissi er,
Precinct o. 4-
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r' Randy ims
Comm' sinner,
Precinct No. 3
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Mary A n and
County Clerk
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BRAZOS COUNTY COMMISSIONERS' MEETING ON TUESDAY NOVEMBER 3. 1998 AT 9:00 A. M.
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Tnu rwv%tnNENT W0. 746OW4330A 99
Contract Issued by: TEXAS DEPARTMENT OF HEALTH BN
(RECEIVING AGENCY) 1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
Legal Authority to Contract: Chapter 12, Health and Safety Code.
Venue: The provisions of this Contract shall be interpreted in accordance with Texas law. Venue for any court disputes shall be in
Travis County, Texas.
PERFORNMG AGENCY NAME: BRAZOS COUNTY
MAELING ADDRESS: 300 EAST 26TH STREET STE 116 BRYAN TX 77803-0000
(City, State, Zip)
STREET ADDRESS: 300 EAST 26TH STREET STE 116 BRYAN TX 77803-M
(City, State, Zip)
NAME OF AUTHORIZED
CONTRACTING ENTITY:
(If different from PERFORMING AGENCY)
PAYEE DATA (If not the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY: must be on file with the Texas State
Comptroller's Office.):
NAME:
ADDRESS:
State of Texas Vendor Identification No. (14 digits)
PAYEE AGENCY Fiscal
17460004330004
Year Ending Month: December
PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business.
Small Business - A corporation, sole proprietorship, or other legal entity formed for the purpose of making a profit which is independently
owned and operated and has fewer than 100 employees or has less than S1.000,000 in annual gross receipts.
Historically Underutilized Business (HUB) - A corporation. sole proprietorship, or joint venture formed for the purpose of making a profit
in which at least 51 % of all classes of the sham of stock or other equitable securities are owned by one or more persons who have been
historically underutilized (socially disadvantaged) because of their identification as members of certain groups: Black American, Hispanic
American, Asian Pacific Americus. Native American. and Women. The HUB must be certified by General Services Commission or
another entity.
For Profit Organization
SUMMARY OF CONTRACT DOCUMENTATION:
COVER PAGE 1 - Receiving and Performing Agency Dam GENERAL PROVISIONS
COVER PAGE 2 - Details of Attachmem(s) ATTACHMENT(S)
COVER PAGE 3 - Authorized Signatures EXHMITS. IF APPLICABLE
15 - SAC -
Cover Page 1
DETAILS OF ATTACHMENTS
AW
TDH
Tenn
Financial Assistance
Direct
Taal Amount
Amd
No.
Program/
ID
Be
°
End
Source of
Fuads•
Amount
Ass' a~moa
(TDH Share)
01
EMS/COUNTY
09/01/98
08/31!99
State
3,233.00
0.00
3,235.00
TDH Document No.746M330A99 Totals
$3,233.00
$0.00
$3,255.00
-rcacrau nmas are maicacea oy a numoer tram the Cata'og of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
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EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY NAME: RECEIVING AGENCY NAME:
BRAZOS COUNTY TEXAS DEPARTMENT OF HEALTH
By: By:-
(Sig ns of person authrized to sign couaacts) ignature rsoa rind to sip Contracts)
e'o
Dou C. Wilson. Director
_ A LVjA) ty . SoA es Cou.lri T"aC E Grants Management Division
(Name and Tide) (Name and Title)
Date: IJ 0VEA6 §:A, 3 J44 I Date•
ore
RECOMMENDED:
By:
(PERFORMING AGENCY Dimmr, if different
from person atftmed to W eontr=)
TDH Document No: 7460004330A 99
Cover Page 3
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GENERAL PROVISIONS FOR
TEXAS DEPARTbW24T OF HFALTH GRANT CONI'ItAC M
ARTICLE 1. PMjmbje
PERFORMING AGENCY and RECEIVING AGENCY (the parties) hereby agree to make and enter into this grant
contract (eontractj to faithfully perform the duties prescribed by this contract and to uphold and abide by its terms
and provisions. This contract consists of RECEIVING and PERFORMING AGENCY identifying data, Details of
Attachment(s). authorized signatures, General Provisions, and Attachment(s) with detailed Scope(s) of Work,
Special Provisions, budget(sN and exhibit(s) as applicable. This contract represents the complete and entire
understanding and agreement of the parties. No prior agreement or understanding, oral or otherwise, of the parties
or their agents will be valid or enforceable unless embodied in this contract
The person or persons signing and executing this contract on behalf of PERFORMING AGENCY, or representing
themselves as signing and executing this contract on behalf of PERFORMING AGENCY, warrant and guarantee
that he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract on behalf of
PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms,
performances, and provisions.
PERFORMING AGENCY assures compliance with this contract, including these General Provisions unless
otherwise specified in the Attachment(s) to this document:
ARTICLE L Tenn
The time period of this contract shall be governed by the tam(s) of the Attachment(s~ No commitment of contract
funds is permitted prior to the first day or subsequent to the last day of the term. 11w term may be extended or
shortened by amendment(s).
ARTICLE 3. Funding
This contract is contingent upon the availability of funding for each Attachment for the term of the Attachment.
PERFORMING AGENCY will have no right of action against the State of Texas or RECEIVING AGENCY in the
event that RECEIVING AGENCY is unable to fulfill its obligations under this contract as a result of lack of
sufficient funding of RECEIVING AGENCY for any Attachment(s) to this contract If funds become unavailable.
provisions of the Termination Article will apply.
ARTICLE 4. Amendments
This contract may only be amended if the amendment is in writing and signed by individuals with authority to bind
all parties.
PERFORMING AGENCY shall not perform and RECEIVING AGENCY shall not pay for the performance of
different or additional services, work, or products except pursuant to an amendment of this contract that is executed
in compliance with this Article. RECEIVING AGENCY may not waive any term, covenant, or condition of this
contract unless by amendment executed in compliance with this Article.
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ARTICLE S
.
If any provision of this contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed
stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue.
ARTICLE 6. Applicable Laws and S ndards
This contract shall be interpreted under and in accordance with the laws of the State of Texas and enabling state
rules. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding
sources, will apply to this contract
The Uniform Grant and Contract Management Act (UGCMA), Texas Government Code, Chapter 783, Vernon's
Texas Codes Annotated (VTCA1 and the Uniform Grant Management Standards (UGMS) as amended by revised
federal circulars and incorporated in UGMS by the Governor's Budget and Planning Office, apply as terms and
conditions of this contract and are adopted by reference in their entirety. If a conflict arises between the provisions
of this contract and the provisions of UGCMA and UGMS, the provisions of UGCMA and UGMS will prevail
unless expressly stated otherwise.
RECEIVING AGENCY must give prior approval for changes to contract Attachment(s) as specified by UGMS in
"Part III-State Uniform Requirements for Grants and Cooperative Agreement, Subpart C-Post-Award
Requirements, item 30-Changes" and applicable federal Office of Management and Budget (OMB) circulars.
RECENING AGENCY will provide copies of applicable OMB circulars and UGMS to PERFORMING AGENCY
upon request. These documents are incorporated by reference as a condition of this contract
PERFORMING AGENCY may not use funds granted under this contract to lobby Congress or any agency in
connection with a specific grant or contract (31 USC §1352 and UGMS). If at any time this contract exceeds
$100,000, regardless of funding, the PERFORMING AGENCY shall certify to RECEIVING AGENCY within 90
days of receipt of the executed contract that none of the funds provided by RECEIVING AGENCY have been used
for payment to lobbyists and the names of any and all registered lobbyists with whom PERFORMING AGENCY
has an agreement RECEIVING AGENCY will supply the certification form to PERFORMING AGENCY upon
request
ARTICLE 7. ]Debarment and Sus nslon
PERFORMING AGENCY certifies by execution of this contract to the following:
it is not ineligible for participation in federal or state assistance programs under Executive Order
12549, Debarment and Suspension;
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department
or agency;
it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a
federal or state agency; and
it is not subject to an outstanding judgment in a suit against PERFORMING AGENCY for
collection of the balance of a debt
aGS) 1999 GENERAL PROVISIONS Page 2 4198
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Where the PERFORMING AGENCY is unable to certify to any of the sournents in this Article, PERFORMING
AGENCY shall attach an explanation.
PERFORMING AGENCY shalt not contract with a subrecipient nor procure goods or services from a
subcontractor, at any tier, which is debarred or suspended or is otherwise excluded fi m or ineligible for
participation in federal assistance programs under Executive Order 12549.
ARTICLE & Msuranm
PERFORMING AGENCY shall establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.
To the extent such provisions are applicable to PERFORMING AGENCY, PERFORMING AGENCY agrees to
fully comply with the following:
Title VI of the Civil Rights Act of 1964, 42 USC 1§2000d et seq. (P.L. 88-352 which prohibits
discrimination on the basis of race, color or national origin;
Title IX of the Education Amendments of 1972, as amended, 20 USC 1681.1683, and 168S-16861,
which prohibits discrimination on the basis of sex;
Section S04 of the Rehabilitation Act of 1973, 29 USC §794(al which prohibits discrimination on
the basis of disabilities and the Americans with Disabilities Act of 1990,42 USC §§12101 et seq.;
The Age Discrimination Act of 1974, as amended, 42 USC §§6101-6107, which prohibits
discrimination on the basis of age;
The Drug Abuse Office and' Treatment Act of 1972 (P•L• 92-255 as amended, relating to
nondiscrimination on the basis of drug abuse;
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (P.L. 91-616 as amended, relating to the nondiscrimination on the basis of alcohol abuse
or alcoholism;
Public Health Service Act of 1912, §§523 and 527,42 USC §290 dd-2, as amended, relating to
confidentiality of alcohol and drug abuse patient records;
I ► Title VIII of the Civil Rights Act of 1968, 42 USC §3641 et seq, as amended, relating to
nondiscrimination in the sale, rental or financing of housing; and,
The requirements of any other nondiscrimination statute(s).
Collectively, such requirements obligate RECEIVING AGENCY to provide services without discrimination on the
basis of race, color, national origin, age, sex, or disability. PERFORMING AGENCY agrees that in carrying out
the terms of this contract, it will do so in a manner which will assist RECEIVING AGENCY to comply with such
obligations to the fullest extent of PERFORMING AGENCY's ability.
PERFORMING AGENCY agrees to comply with all or part of the following, as applicable:
A. Texas Labor Code, Chapter 21, VTCA, which requires that certain employers not discriminate on the
basis of race, color, disability, religion, sex, national origin, or age.
B. Immigration Reform and Control Act of 1986, 8 USC 1324a et seq. as amended, regarding
employment verification and retention of verification forms for any individual(s) hired on or after
November 6, 1986, who will perform any labor or services under this contram
a45V 1999 GENERAL PROVISIONS Page 3 4198
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C. Pro-Children Act of 1994,20 USC §§6081-6084, regarding the provision of a smoke-free workplace and
promoting the non-use of all tobacco products.
D. The National Research Service Award Act of 1971, as amended, 42 USC §§288 et seq. and 6601 (P.L.
93-348 and P.L. 10343) regarding the protection of human subjects involved in research, development,
and related activities supported by any applicable award of federal assistance.
E. The Clinical Laboratory Improvement Amendments of 1988, 42 USC §263a, which establish federal
requirements for the regulation and certification of clinical laboratories.
F. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 56 Fed.
Reg. 64175 (1991129 CFR § 1910.1030, which set safety standards for those workers and facilities who'
may handle blood borne pathogens.
G. Laboratory Animal Welfare Act of 1966, 7 USC §§2131 et seq. (P.L. 89-S44), as amended, pertaining
to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other
activities supported by this award of assistance.
H. Article 9102. Texas Revised Civil Statutes (TRCS), as amended, pertaining to standards which
eliminate architectural barriers for persons with disabilities.
1. Health and Safety Code §165.004 (Vernon's Supp. 1998), relating to the promotion of breast-feeding
by providing information that encourages breast-feeding to program participants who are pregnant
women or mothers with infants. Promotional material may be requested from RECEIVING AGENCY
by calling (512) 406-0744.
J. Environmental standards pursuant to the following:
(1) Institution of environmental quality control measures under the National Environmental Policy Act
of 1969, 42 USC §§4321-4347 (P.L. 91-90) and Executive Order 11514 "Protection and
Enhancement of Environmental Quality."
(2) Notification of violating facilities pursuant to Executive Order 11738 "Providing
for Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect
to Federal Contracts, Grants, or Loans."
(3) Protection of wetlands pursuant to Executive Order 11990.
(4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988.
(5) Assurance of project consistency with the approved State Management program developed under
the Coastal Zone Management Act of 1972, 16 USC 1451 et seq.
(6) Conformity of federal actions to state clean air implementation plans under the
Clean Air Act of 1955, as amended, 42 USC §§7401 et seq.
(7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,
as amended, 42 USC §§300f-300j (P.L. 93-523).
(8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-
205).
K. The Hatch Political Activity Act, S USC §7321-29, which limits the political activity of employees
whose principal employment activities are funded in whole or in part with federal funds.
L. The Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable,
concerning minimum wage and maximum hours.
M. General Appropriations Act, Regular Session, 75th Legislature, 1997, Article IX, §33 "Limitation on
Grants to Units of Local Government." For the purpose of §33, "unit of local government" shall mean
a council of governments, a regional planning commission, or a similar regional planning agency created
under Chapter 391. Local Government Code; a Local Workforce Development Board; or an hOiMR
community center.
N. Texas Government Code, Chapter 573. Vernon's 1994, relating to nepotism.
0. Texas Government Coder Chapter 552, Vernon's 1994, relating to open records and public information.
P. Texas Government Code, Chapter 551. Vernon's 1994, relating to open meetings.
(LGS) 1999 GENERAL PROVISIONS Page 4 4/98
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Q. Texas Government Code. Chapter 41S9 and all rules adopted by the Texas Commission on Law
Enforcement Offioer Standards and Education pursuant to Chapter 41 S. Texas Government Code relating
to regulated law enforcement agencies.
PERFORMING AGENCY will insure that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list
of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under .
consideration for listing by the EPA (Executive Order 11738).
PERFORMING AGENCY will comply with the flood insurance purchase requirements of 102(a) of the Flood
.Disaster Protection Act of 1973 (P-L.. 93-234). Section 102 (a) requires the purchase of flood insurance in
communities where the insurance is available as a condition for the receipt of any Federal financial assistance for
construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department
of Housing and Urban Development as an area having special flood hazards.
PERFORMING AGENCY agrees to comply with the requirements of the Texas Workers' Compensation Act,
Labor Code, Chapters 401406, VTCA, and rules promulgated thereunder found at 28 Texas Adrmuusaative Code
(TAC), Chapter 41, et seq., which cover compensation for employees' injuries.
When incorporated into a contract, standard assurances contained in the application package, if any, become terms
or conditions for receipt of RECEIVING AGENCY funds. PERFORMING AGENCY and its subrecipients shall
maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are
met.
PERFORMING AGENCY will comply with all federal tax laws and is solely responsible for filing all required state
and federal tax forms.
PERFORMING AGENCY shall comply with all applicable requirements of federal and state laws, executive
orders, regulations and policies governing the activity described in Attachment(sl and with the applicable standard
conditions or assurances prescribed by UGMS in "Part III-State Uniform Requirements for Grants and Cooperative
Alp ent, Subpart B -Pro-Award Requirements, .14-State Assurances."
PERFORMING AGENCY assures it shall not transfer, assign or sell its interest in this contract, or in any equipment
purchased with funds from this contract, without the written consent of RECEIVING AGENCY.
ARTICLE 9. Year-2000 Certification
PERFORMING AGENCY certifies that any supplied or supported hardware, software, firmware and micro code
products used individually or together as a system to comply with RECEIVING AGENCY contract requirements
will be year-2000-compliant on or before the date such hardware, software, firmware and systems are to be
impacted. Year-2000-compliant means that such product operates "accurately" in the manner in which it was
intended as it relates to date related operations when given a "valid date" containing oaitury, year, month. and day.
For purposes of this Article, "accurately" is defined to include the following: 1) calculations using dates must
execute using a four-digit year, 2) functionality-on-line, batch including entry, inquiry, maintenance and updates
must support four-digit year processing; 3) interfaces and reports must support four-digit year processing; 4)
successful translation into year-2000 with the connect system date (e.g., 1/112000) without human intervention; S)
(LGS) 1999 GENERAL PROVISIONS Page S 4/98
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processing with a four-digit year after transition to any beyond the year-2000 without human intervention; 6)
providing correct results in forward and backward date calculation spanning century boundaries; 7) a leap year must
be calculated correctly; and 8) processing concoct results in forward and backward date calculation spanning century
boundaries must be provided, including the conversion of previous years currently stored as two digits.
"Valid date" contains a two-digit month, a two-digit day and a four-digit year.
PERFORMING AGENCY and its subrecipient(s) as licensee(s) must obtain a warranty from any licensor from
which it obtains software that any software licensed prior to, during, or after calendar year-2000, that includes or
shall include, at no added cost to PERFORMING AGENCY or its subrocipient(s), design and performance so that
PERFORMING AGENCY and its subrecipient(s) shall not experience software abnormally ending and/or invalid
and/or incorrect results from the software in the operation of the business of the PERFORMING AGENCY or its
subrecipient(s) as it pertains to RECEIVING AGENCY. The software design to ensure year-2000 compatibility
shall include date data century recognition, calculations that accommodate same century and multi-century
formulas and date values, and date data interface values that reflect the century. If PERFORMING AGENCY
purchases specific products to perform as a system, then the warranty shall apply to those listed products as a
system. The remedies available to the PERFORMING AGENCY under the warranty shall include repair or
replacement of any supplied product, in addition to and notwithstanding any commercial warranty or warranties.
Nothing in this warranty shall be considered to limit any rights or remedies that PERFORMING AGENCY may
otherwise have with respect to defects other than year-2000 performance.
RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if the information coming to
PERFORMING AGENCY's product/software from RECEIVING AGENCY is inaccurate or corrupt
ARTICLE 10. Certification Regarding License. Certificate. or Permit
RECEIVING AGENCY may pay PERFORMING AGENCY only for personnel who arc duly licxnsed and/or
qualified to perform required services.
PERFORMING AGENCY certifies that no owner, operator, or administrator of the PERFORMING AGENCY has
had a license, certificate, or permit revoked by any of the Texas state agencies listed below 163 of Article IX of
the General Appropriations Act, 75th Legislature):
• Adjutant General's Department
• Board of Private Investigators and Private Security Agencies
• Interagency Council on ,Early Childhood Intervention
• Texas Alcoholic Beverage Commission
• Texas Cancer Council
• Texas Children's Trust Fund of Texas Council
• Texas Commission for the Deaf and Hard of Hearing
• Texas Commission on Alcohol and Drug Abuse
• Texas Commission on Jail Standards
• Texas Commission on Law Enforcement Officers Standards & Education
• Texas Commission on Fire Protection
• Texas Council on Sex Offender Treatment
• Texas Criminal Justice Policy Council
• Texas Department of Criminal Justice
• Texas Department of Human Services
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• Texas Department of Mental Health & Mental Rewdstion
• Texas Department of Protective and Regulatory Services
• Texas Department of Public Safety
• Texas Department of Health
• Texas Health dt Human Services Commission
• Texas National Guard Armory Board
• Texas Polygraph Examiners Board
• Texas Rehabilitation Commission
• Texas Youth Commission
ARTICLE 11. Standards for Financial and PMgrsmmatie Mnnn gtMW
PERFORMING AGENCY shall develop, implement, and maintain financial mannagement and control systems that
meet or exceed the requirements of UGMS as detailed in RECEIVING AGENCY's Financial Administrative
Procedures Manual. Those requirements shall include at a minimum:
A. Financial planning. including the development of budgets that adequately reflect all functions and
resources necessary to carry out authorized activities and the adequate determination of costs;
B. Financial management systems including accurate, correct, and complete payroll, accounting, and
financial reporting records; cost source documentation; effective internal and budgetary controls;
determination of reasonableness, allowableness, and allocability of costs; and timely and appropriate
audits and resolution of any findings; and,
C. Billing and collection policies, including a charge schedule, a system for discounting or adjusting charges
based on a person's income and family sine, and a mechanism capable of billing and making reasonable
efforts to collet from patients and third parties.
In addition, PERFORMING AGENCY shall bill third party payers, at no cost to the client, for services provided
under the Attachment(s). These potential payers include, but are not limited tq, Medicaid, private insurance carriers,
and other available federal, state, local, and private funds. PERFORMING AGENCY shall become a Medicaid
provider for eligible activities funded in the Attachment(s) and will maximize efforts to obtain payment froth
Medicaid and all other available sources.
PERFORMING AGENCY and its governing body shall bear full responsibility for the integrity of the fiscal and
programmatic management. Such responsibility shall include: accountability for all funds and materials received
from RECEIVING AGENCY; compliance with RECEIVING AGENCY rules, policies, procedures, and applicable
federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-
evaluation and RECEIVING AGENCY's monitoring processes. Ignorance of any contract provisions or other
requirements contained or referenced in this contract shall not constitute a defense or basis for waiving or appealing
such provisions or requirements.
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ARTICLE 12. AllogAble Coss an Audit Requirents
Only those costs allowable under UGMS and any revisions thereto plus any applicable federal cost principles are
eligible for reimbursement under this contract. Applicable cost principles, audit requirements, and administrative
requirements arc as follows:
(LG37 1999 GENERAL PROVISIONS Page 7
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Applicable Cost Principles* Audit Requirements*
OMB Circular A-87, State &
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• OMB CkWws slWl be applied with dbe asoditic kmu prescribed by UGMS.
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Administrative .
Requirements`'
UGMS i
PERFORMING AGENCY must have incurred a cost within the applicable Attachment term to be eligible for
reimbursement under this contract PERFORMING AGENCY must incur cost(s) prior to requesting reimbursement
under this contract No later than 90 days after the end of the applicable Attachment terns, RECEIVING AGENCY
must receive vouchers from PERFORMING AGENCY for costs encumbered by the last day of the applicable
Attachment term. Reimbursement requests submitted and postmarked more than 90 days following the end of the
applicable Attachment term may or may not be reimbursed, at the discretion of RECEIVING AGENCY.
PERFORMING AGENCY or the AUTHORIZED CONTRACTING ENTITY shall arrange for a financial and
compliance audit (Single Audit) if required by OMB Circular A-133 and/or UGMS. The audit shall be of
PERFORMING AGENCY's or the AUTHORIZED CONTRACTING ENTTTY's fiscal year. The audit must be
conducted by an independent certified public accountant and in accordance with applicable OMB Circulars,
Government Auditing Standards, and UGMS. PERFORMING AGENCY shall procure audit services in compliance
with state procurement procedures, as well as with the provisions of UGMS.
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If PERFORMING AGENCY is not required to have a Single Audit, a limited scope audit may be required.
RECEIVING AGENCY will provide PERFORMING AGENCY with written audit requirements if a limited scope
audit is required.
Within 30 days of receipt of the audit reports required by this section, PERFORMING AGENCY/ AUTHORIZED
CONTRACTING ENTITY shall submit a copy to RECEIVING AGENCY's Internal Audit Division.
ARTICLE 13. Overtime Compsn3ation
PERFORMING AGENCY shall not use any of the funds provided by the Attachment(s) hereto to pay the premium
portion of overtime. PERFORMING AGENCY shall be respunsible for any obligations of premium overtime pay
due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the
normal rate of pay for hours worked in excess of normal working hours.
ARTICLE 14. Terms and Conditions of Payment
For services satisfactorily performed pursuant to this contract, RECEIVING AGENCY will reimburse
PERFORMING AGENCY for allowable costs. Reimbursements are contingent on a signed contract and will not
exceed the total of each Attachment(s). The PERFORMING AGENCY is entitled to payment only if the service,
work, and/or product has been satisfactorily performed and authorized in accordance with this contract.
I*,
PERFORMING AGENCY must submit requests for reimbursement on a State of Texas Purchase Voucher (TDH
Form B-13) or any other form designated by RECEIVING AGENCY. PERFORMING AGENCY shall submit
vouchers for reimbursement monthly within 30 days following the end of the month covered by the bill.
PERFORMING AGENCY shall submit a reimbursement request as a final close out bill not later than 90 days
following the end of the applicable Attachment term(s). Reimbursement requests submitted and postmarked more
(LOS) ' 1999 GENERAL PROVISIONS Page 8 4/98
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than 90 days following the end of the applicable Attachment tens may not be paid9 at do discmdou of RECEIVING
AGENCY.
PERFORMING AGENCY shall disburse program income. rebatm refunds, contract settlements, audit rw4veries
and interest earned on such funds before requesting additional cash payments from RECEIVING AGENCY.
As of September 1, 1998, PERFORMING AGENCY is required to be placed on Direct Deposit status in accordance
with Texas Government Code, §403.016(c) VTCA. PERFORMING AGENCY will no longer receive copies of
vouchers.
Funding from this contract may not be used to supplant state or local funds, but PERFORMING AGENCY shall
use the funds from this contract to increase state or local funds currently available for a particular activity.
PERFORMING AGENCY shall maintain its current level of support, if possible.
RECEIVING AGENCY shall determine whether costs submitted by PERFORMING AGENCY are allowable and
reimbursable. If RECEIVING AGENCY has paid funds to PERFORMING AGENCY for unallowable or ineligible
costs, PERFORMING AGENCY shall return the fiords to RECEIVING AGENCY within 30 days of notice.
RECEIVING AGENCY may withhold all or part of any payments to PERFORMING AGENCY to offset
reimbursement for any ineligible expenditures that PERFORMING AGENCY has not refunded to RECEIVING
AGENCY. RECEIVING AGENCY may take repayment from finds available under any contract Attachment,
active or expired, with the same finding source in amounts necessary to fulfill PERFORMING AGENCY
repayment obligations.
ARTICLE 15.
PERFORMING AGENCY may request a one-time advance for each Attachment only to meet immediate need for
cash disbursement. PERFORMING AGENCY must make the request on State of Texas Purchase Voucher.
accompanied by written justification and supporting documentation as specified in RECEIVING AGENCY's
Financial Administrative Procedures Manual. RECEIVING AGENCY may approve the advance request for each
Attachment. PERFORNING AGENCY must request the advance on a State of Texas Purchase Voucher at the
beginning of the applicable Attachment period or at a later time in the applicable Attachment period if
circumstances so warrant
RECEIVING AGENCY will determine the amount of the advance, if any. by the amount and term of the applicable
Attachment(s). For each Attachment, the amount of the advance shall not exceed an amount equal to the amount
of the Attachment divided by the number of months covered by the Attachment multiplied by two (2). Advance
funds will be expended during the applicable Attachment term so that, after the final monthly billing.
PERFORMING AGENCY will not have advance finds on hand
If the Attachment is amended to increase or decrease the total amount, RECEIVING AGENCY may make an
upward or downward adjustment to the allowable advance in accordance with the above formula. If PERFORMING
AGENCY is requesting an upward adjustment, PERFORMING AGENCY must submit a written justification and
State of 'T'exas Purchase Voucher in the amount necessary to correct the ratio. If the adjustment is downward.
RECEIVING AGENCY will determine the amount of adjustment to the advance and the method of repayment
aav 1999 GENERAL PROVISIONS Page 9
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ARTICLE 16. Prorrram Income
PERFORMING AGENCY may, but if a local health department shall, develop a fee for service system and a
schedule of fees for personal health services in accordance with the provisions of Chapter 12, Subchapter D. Health
and Safety Code, VTCA; the Texas Board of Health rules covering Fees for Clinical Health Services, 25 TAC
§ 1.91; and other applicable laws. No patient may be denied a service due to inability to pay.
All revenues directly generated by an Attachment(s) supported activity or earned only as a result of the
Attachment(s) during the term of the Attachment(s) are considered program income. PERFORMING AGENCY
shall identify and report this income utilizing the forms specified in the Financial Reports Article of these
provisions.
PERFORMING AGENCY will utilize one of the following methods for applying program income:
1. Additive method - add the program income to the funds already committed to the project by both
parties. Program income will be used by the PERFORMING AGENCY to further the program
objectives of the state/federal statute under which the Attachment(s) was/were made, and it shall
be spent on the same project in which it was generated.
2. Deductive method - deduct the program income from the total allowable costs to determine the net
allowable costs.
RECEIVING AGENCY may base future funding levels, in part, upon the PERFORMING AGENCY's proficiency
in identifying, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions
of the applicable Attachment(s).
ARTICLE 17. Financial Reports
Financial reports are required as provided in UGMS, and PERFORMING AGENCY shall file them regardless of
whether expenses have been incurred.
PERFORMING AGENCY shall submit a Financial Status Report, State of Texas Supplemental Form 269a (T )H
Form GC4a) within 30 days following the end of each of the first three quarters. PERFORMING AGENCY shall
submit a final financial report on State of Texas Supplemental Form 269a (TDH Form GC4a)~ not later than 90
days following the end of the Attachment term(s). PERFORMING AGENCY shall submit a State of Texas
Purchase Voucher if all costs have not been recovered, or PERFORMING AGENCY shall refund excess monies
if costs incurred were less than funds received. PERFORMING AGENCY shall file a State of Texas Purchase
Voucher if all costs have not been recovered. Failure to timely file may result in RECEIVING AGENCY
disallowing payment. PERFORMING AGENCY shall refund excess monies if costs incurred were less than funds
received.
ARTICLE 18. Reports and Inspections
PERFORMING AGENCY shall submit the financial, program, and progress reports required by RECEIVING
AGENCY in the format agreed to by the parties. PERFORMING AGENCY shall provide RECEIVING AGENCY
other reports RECEIVING AGENCY determines to be necessary to accomplish the objectives of this contract. If
PERFORMING AGENCY is legally prohibited from providing such reports, it shall immediately notify
RECEIVING AGENCY.
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RECEIVING AGENCY and, when federal funds are involved, any authorized rept+eseatative(s) of the'federal
government have the right, at all reasonable times, to inspect or otherwise evaluate the work (including reviews
of client or patient records and discussions with stag performed by PERFORMING AGENCY and its
subrecipie nt(s), if any, and the premises on which the work is being performed. PERFORMING AGENCY and its
subrecipient(s) shall participate in inspections and provide reasonable access, facilities, and assistance to the
representatives. All inspections and evaluations will be performed in such a manner as will not unduly interfere
with the work.
PERFORMING AGENCY and its subrecipient(s), if any, shall give RECEIVING AGENCY, the federal
government, and the Texas State Auditor, or any of their duly authorized representatives, access to any pertinent
books, documents, papers, and client or patient records, if any, for the purpose of making audit, examination,
excerpts, and transcripts of transactions related to contract Attachment(s). RECEIVING AGENCY will have the
right to audit billings both before and after payment. Payment under Attachment(s) will not foreclose the right of
RECEIVING AGENCY to recover excessive or illegal payments.
Any deficiencies identified by RECEIVING AGENCY upon examination of PERFORMING AGENCY's records
will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY's resolution of findings will
also be conveyed in writing to RECEIVING AGENCY within 30 days of receipt of RECEIVING AGENCY's
findings. A RECEIVING AGENCY determination of either an inadequate or inappropriate resolution of the
findings may result in sanctions which will remain in effect until RECEIVING AGENCY determines the
deficiencies are properly remedied.
PERFORMING AGENCY will retain all records for a period of three years from the date of the last expenditure
report submitted under contract Attachment(s) or until all audit questions are resolved, whichever time period is
longer.
ARTICLE 19. Client Records
Notwithstanding any other provision herein, if requested by RECEIVING AGENCY, the PERFORMING
AGENCY shall share all patient information with RECEIVING AGENCY when the contract involves patient care
by the PERFORMING AGENCY.
RECEIVING AGENCY may require the PERFORMING AGENCY, or any subrecipient, to transfer a client or
patient record to another agency or to RECEIVING AGENCY if the transfer is necessary to protect either the
confidentiality of the record or the health and welfare of the client or patient.
In the event of termination, RECEIVING AGENCY may require the transfer of client or patient records as
authorized by law upon written notice to PERFORMING AGENCY, either to another entity that agrees to continue
the service or to RECEIVING AGENCY.
At the end of the Attachment term, PERFORMING AGENCY shall give RECEIVING AGENCY access to the
records or provide copies for audit, examination, evaluation, inspection, litigation, or other circumstances that may
arise, to the extent authorized by law.
PERFORMING AGENCY, or any subrecipien% shall not otherwise transfer an identifiable client record, including
a patient record, to another entity or person without written consent from the client or patient, or someone
authorized to act on his or her behalf on a form provided by RECEIVING AGENCY or as otherwise authorized
by law, including the Texas Medical Practice Act, Article 4495b, TRCS.
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ARTICLE 20. Confidentiality
PERFORMING AGENCY shall have a system in effect to protect client or patient records and all other documents i
deemed confidential by law which are maintained in connection with the activities funded under this contract.
PERFORMING AGENCY may not disclose or transfer confidential client or patient information, including
information required by the Reports and Inspections Article, except in accordance with applicable law.
If providing direct client care, services, or programs, PERFORMING AGENCY shall implement RECEIVING
AGENCY's workplace policies based on the model guidelines, and PERFORMING AGENCY shall educate
employees and clients concerning the human immunodeficiency virus (HIV) and its related conditions, including
acquired immunodeficiency syndrome (AIDS), in accordance with the Health and Safety Code, §§85.112.114,
VTCA.
ARTICLE 21. Equipment and Supplies
In accordance with Health & Safety Code, §12.053, VTCA, title to all equipment and supplies purchased from
funds from this contract will be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s)
or until the Attachment is terminated.
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Equipment is defined as tangible nonexpendable property with an acquisition cost of more than $1,000 and a useful
life of more than one year, with the following exceptions: fax machines, stereo systems, cameras„ video
recorder/players, microcomputers, medical equipment, laboratory equipinent, and printers. If the unit cost of these
exception items is more than $500, they will still be considered equipment, must be approved for purchase, and are
considered capital assets for inventory purposes. Medical and laboratory equipment in this category is defined as
microscopes, oscilloscopes, centrifuges, balances, and incubators. Medical and laboratory equipment not included
in these five categories is not considered a capital asset unless the unit value is more than 51,000. Supplies which
may be necessary to carry out the contract include medical supplies, drugs, janitorial supplies, office supplies,
patient educational supplies, software less than 5500, plus any equipment with a purchase price including freight
not to exceed $1,000 per item, except those defined as "equipment."
Unless initially listed and approved in the Attachment(s), prior written approval from RECEIVING AGENCY is
required for any changes to approved equipment purchases meeting the above equipment definition. To receive
approval to purchase data processing hardware and software or enhancements, PERFORMING AGENCY must
submit a detailed justification which includes description of features, make and model, and cost, etc.
PERFORMING AGENCY shall maintain a property inventory and submit an annual cumulative report (I`DH Form
GC- 11) to RECEIVING AGENCY no later than October 15th of each year. PERFORMING AGENCY shall
administer a program of maintenance, repair, and protection of assets under this, contract so as to assure their full
availability and usefulness. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise
compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the
proceeds to repair or replace said assets.
Upon termination or expiration of applicable Attachment(s), title to any remaining equipment and supplies
purchased from funds under this contract reverts to RECEIVING AGENCY. Title may be transferred to any other
party designated by RECEIVING AGENCY. RECEIVING AGENCY may, at its option and to the extent allowed
by law, transfer the reversionary interest to such property to the PERFORMING AGENCY.
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PERFORMING AGENCY may enter into contracts with subreaipients unless restricted or otherwise prohibited in
specific Attachment(s~ PERFORMING AGENCY is reesponsible to RECE IWNG AGENCY for the performance
of any subrecipient.
Contracts with subrecipients shall be. in writing and roust include the following:
• name and address of all parties;
• a detailed description of the services to be provided;
• measurable method and rate of payment and total amount of the contract;
• clearly defined and executable termination clause;
• beginning and ending dates which coincide with the dates of the applicable conbW Attachment(s)
or cover a term within the beginning and ending dates of the applicable contract Attachment(s);
• access to inspect the work and the premises on which any of the work is performed, in accordance
with the Reports and Inspections Article contained in this contract; and
• all clauses required by state/federal statutes, executive orders, and their implementing regulations.
PERFORIuIriG AGENCY agrees that all contracts with subrocipients containing a categorical budget shall include
audit requirements referenced in the Allowable Costs and Audit Requirements Article of this contract, as
appropriate.
Prior to entering into an agreement equaling S2S,000 or 2S% of an Attachment, whichever is greater,
PERFORMING AGENCY shall obtain written approval from RECEIVING AGENCY.
PERFORMING AGENCY shall ensured=
• all subrecipients are fully aware of the req'uircments imposed upon than by state/federal statutes
and regulations;
• all submcipients comply with all financial management requirements as defined by RECEIVING
AGENCY and the applicable OMB eircularr,-
• subrecipients complete required audits;
• an adequate tracking system is maintained to ensure timely receipt of any subrecipient's required
audit reports and the resolution of any findings and questioned costs cited by these reports.
ARTICLE 23. Contracts for Procurement
PERFORMING AGENCY may enter into contracts for procurement unless restricted or otherwise prohibited in
specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to RECEIVING AGENCY
for the performance of any subcontracted activity.
Contracts for procurement shall be in writing and must contain the following provisions:
• Administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts
other than small purchases.)
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• Termination for cause and for convenience by the PERFORMING AGENCY including the
manner by which it will be effected and the basis for settlement., (All contracts in excess of
S10,000.)
• Compliance with the Copeland "Anti-Kickback" Act (18 USC §874) as supplemented in
Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction
or repair.)
• Compliance with §§103 and 107 of the Contract Work Hours and Safety Standards Act (40
USC §§327.330) as supplemented by Department of Labor regulations (29 CFR Part 5).
(Construction contracts awarded by grantees and subgrantees in excess of 52,000, and in excess
of S2,500 for other contracts which involve the employment of mechanics or laborers.)
• Notice of awarding agency requirements and regulations pertaining to reporting.
• Notice of awarding agency requirements and regulations pertaining to patent rights with respect
to any discovery or invention which arises or is developed in the course of or under such
contract.
• Awarding agency requirements and regulations pertaining to copyrights and rights in data.
• Access by the grantee, the subgrantee, the federal grantor agency, the Comptroller General of
the United States, the State of Texas or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent to that
specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
• Retention of all required records for three years after grantees or subgrantees make final
payments and all other pending matters are closed.
• Compliance with all applicable standards, orders, or requirements issued under §306 of the
Clean Air Act (42 USC § 1857(h)), §508 of the Clean Water Act (33 USC § 1368), Executive
Order 11738, and Environmental Protection Agency regulations (40 CFR Part IS). (Contracts,
subcontracts, and subgrants of amounts in excess of S 100,000.)
• Mandatory standards and policies relating to efficiency which are contained in the state energy
plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163).
ARTICLE 24. Copyrights. Publications. grid Patents
Texas Health and Safety Code § 12.020(a), VTCA, authorizes RECEMNG AGENCY to apply for, register, secure,
hold, and protect a patent, copyright, trademark or other evidence of protection or exclusivity issued in or for
intellectual property. All work performed that results in the production of original books, manuals, films, or other
original material is the exclusive property of RECEIVING AGENCY. All right, title, and interest in and to said
property shall vest in RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work
made for hire" and made in the course of the services rendered pursuant to this contract. To the extent that title to
any such work may not, by operation of law, vest in RECEIVING AGENCY or such work may not be considered
a work made for hire, all rights, title and interest therein are hereby irrevocably assigned to RECEIVING
AGENCY. RECEIVING AGENCY shall have the right to obtain and to hold in its own name any and all patents,
copyrights, trademarks, service marks, certification marks, collective marks, registrations, or such other protection
as may be appropriate to the subject matter, and any extensions and renewals thereof. PERFORMING AGENCY
shall ensure all rights, titles, and interest in and to the property are secured to RECEIVING AGENCY from
PERFORMING AGENCY and its subrecipients. PERFORMING AGENCY agrees to give RECEIVING AGENCY
and agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by RECEIVING
AGENCY, all assistance required to perfect the rights defined in this Article, without any charge or expense beyond
those amounts payable to PERFORMING AGENCY for the services rendered under the contract.
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If federal funds are used to finance activities supported by the contract Attachment(s) that result in the production
of original books, manuab, films. or other original material, the federal awarding agency rearm a royalty free,
nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
federal government purposes (1) the copyright in any work developed under a grant, subgrant, or contract under
a grant or subgrant; and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipient
purchases ownership with grant support. PERFORMING AGENCY shall place an acknowledgment of federal
awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such
support and, if feasible, on any publication reporting the results of or describing a grant-supported activity. An
acknowledgment shall be to the effect that "This publication was made possible by grant number
from (federal awarding agency)" or "The project described was supported by grant number from
(federal awarding agen and "Its contents are solely the responsibility of the authors and do not necessarily
represent the official views of the (ederal awarding aged"
In the event the terms of a federal grant award the copyright to the PERFORMING AGENCY, RECEIVING
AGENCY reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,
and to authorize others to use, for RECEIVING AGENCY and state government purposes (1) the copyright in any
work developed under a grant, subgmnt, or contract under a grant or subgrant; and (2) any rights of copyright to
which a grantee, subgrantee or a contractor purchases ownership with grant support.
PERFORMING AGENCY may publish the results of the contract performance at its expense with prior
RECEIVING AGENCY review and approval. If RECEMNG AGENCY owns the copyright, any publication
should include "O Texas Department of Health, 1100 West 49th Street, Austin, Texas, (the year of publication).
All Rights Reserved." If the PERFORMING AGENCY is the copyright holder, any publication shall include
acknowledgment of the support received from RECEIVING AGENCY. At least six copies of any such publication
must be provided to RECEIVING AGENCY: RECEIVING AGENCY reserves the right to require additional copies
before or after the initial review.
PERFORMING AGENCY and any subrecipient, as appropriate, must comply with the standard patent rights
clauses in 37 Code of Federal Regulations §401.14 or Federal Acquisition Regulations 52.227.11.
ARTICLE 25. Bonding
PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage or self-insurance equal to the
amount of funding provided under the contract Attachment(s) up to $100.000 that covers each employee of the
PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such
funds. The fidelity bond, insurance, or self-insurance will provide for indemnification of losses occasioned by. 1)
any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY's employees. either
individually or in concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees to
perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her
position or employment.
ARTICLE 26.
RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161, VTCA, and 1 TAC 111.11-
11124 whereby state agencies are required to make a good faith effort to assist historically underutilized businesses
(HUBs) in receiving contract awards issued by the state to purchase "goods," which are defined as "supplies,
materials, or equipment," services, or public works.
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If PERFORMING AGENCY subcontracts a portion of this contract, PERFORMING AGENCY agrees to make a
good faith effort to subcontract with HUBS during the performance of its contract Attachment(s) with RECEIVING
{
~ AGENCY and will report HUB subcontract activity on a quarterly basis to RECEIVING AGENCY. .
PERFORMING AGENCY and its subrecipient(s), if any, are encouraged to use minority banks (a bank which is
owned at least 50 percent by minority group members). -
ARTICLE 27. Sanctions
RECEIVING AGENCY may impose sanctions for any breach of contract. PERFORMING AGENCY will be
monitored both for programmatic and financial compliance. RECEIVING AGENCY may, at its own discretion,
impose one or more sanctions for each item of noncompliance and will determine sanctions on a case-by-case basis.
A state or federal statute, rule, regulation, or federal guideline will prevail over the provisions of this Article unless
the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to
both.
RECEIMG AGENCY may.
A. terminate all or a part of the contract,. Termination is the permanent withdrawal of the PERFORMING
AGENCY's authority to obligate previously awarded funds before that authority would otherwise expire
or the voluntary relinquishment by the PERFORMING AGENCY to obligate previously awarded funds.
PERFORMING AGENCY costs resulting from obligations incurred by the PERFORMING AGENCY
• after termination of an award are not allowable unless expressly authorized by the notice of termination.
Termination does not include: (1) withdrawal of funds awarded on the basis of the grantee's
underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance as
of the expiration of a grant; (3) mfim l to extend a grant or award additional funds, to make a competing
or noncompeting continuation, renewal, extension, or supplemental award; or (4) voiding of a grant upon
determination that the award was obtained fraudulently, or was otherwise illegal or invalid from
inception;
B. suspend all or part of the contract. Suspension is, depending on the context, either (1) the temporary
withdrawal of the PERFORMING AGENCY's authority to obligate funds pending corrective action by
the PERFORMING AGENCY or its subrecipient(s) or pending a decision to terminate or amend the
contract, or (2) an action taken by a suspending official in accordance with agency regulations
implementing Executive Order 12549 to immediately exclude a person from participating in grant
transactions for a period, pending completion of an investigation and such legal or debarment
proceedings as may ensue. PERFORMING AGENCY costs resulting from obligations incurred by the
• -PERFORMING AGENCY during•& suspension am not allowable unless expressly authorized by the
notice of suspension;
C. disallow (deny both use of funds and matching credit for) all or part of the activities or action not in
compliance;
D. temporarily withhold cash payments. Temporarily withholding cash payments means the temporary
withholding of advances or reimbursements to PERFORMING AGENCY or its subrecipient(s) for
proper charges or obligations incurred, pending resolution of issues of noncompliance with grant
conditions or indebtedness to the United States or to the State of Texas;
{1 7 1999 GENERAL PROVISIONS Page 16 4/98
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E, permanently withhold crib payments. Permanently withholding of ca=b payment means that
RECEIVING AGENCY retains Rands billed by the PERFORMING AGENCY or its subrecipient(s) for
a) unallowable, undocumented, disputed, inaccurate. improper, or erroneous claims; b) failure to comply
with grant award conditions; or c) indebtedness to the United States or to the State of Texas;
F. deny contract renewal or future contract awards to a PERFORMING AGENCY for a certain period of
time not to exceed five years;
G. delay contract execution with the PERFORMING AGENCY while other proposed sanctions are pending
resolution;
H. place the PERFORMING AGENCY on probation. Probation means that the PERFORMING AGENCY
will be placed on accelerated monitoring for a period not to exceed six months at which time items of
noncompliance must be resolved or substantial improvement shown by the PERFORMING AGENCY;
1. conduct accelerated monitoring of the PERFORMING AGENCY. Accelerated monitoring means more
frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would
routinely be accomplished;
1. require the PERFORMING AGENCY to obtain technical or managerial assistance;
K. disallow requests for reimbursement by disapproving costs or fees submitted for payment or
reimbursement by PERFORMING AGENCY;
L. establish additional prior approvals for expenditure of funds by the PERFORMING AGENCY;
M. require additional, more detailed, financial and/or programmatic reports to be submitted by
PERFORMING AGENCY;
N. demand repayment from the PERFORMING AGENCY;
0. reduce the contract funding amount for failure to achieve or maintain the proposed level of service, to
expend funds appropriately and at a rate which will make full use of the award, or to provide services
as set out in the contract; and
P. impose other remedies provided by law.
RECEIVING AGENCY will formally notify the PERFORMING AGENCY in writing when a sanction is imposed
(with the exception of accelerated monitoring, which may be unannounced), stating the nature of the sanction(s)
the reasons for imposing them, the corrective actions which must be taken before they will be removed and the time
allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the sanctions
imposed. PERFORMING AGENCY is required to file, within IS days of receipt of notice, a written response to
RECEIVING AGENCY's program/division that sent the notice, acknowledging receipt of such notice and stating
how the PERFORMING AGENCY will correct the noncompliance. or demonstrating that the findings on which
the sanctions are based are either invalid or do not warrant the sanction(s).
In an emergency, RECEIVING AGENCY may immediately terminate or suspend all or part of the contract,
temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay
(LGSy 1999 GENERAL PROVISIONS Page 17 4/'98
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contract execution by delivering written notice to a PERFORMING AGENCY, by any verifiable method, stating
the reason for the emergency action.
An "emergency" is defined as the following:
• PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on
the public or client health or safety. The direct adverse impact may be programmatic or financial,
impacting health or safety by failing to provide services, providing inadequate services, providing
unnecessary services, or utilizing resources so that the public or clients do not receive the benefits
contemplated by the contract scope of work or performance measures;
• PERFORMING AGENCY fails to achieve a performance measure;
• PERFORMING AGENCY is reimbursed or requesting reimbursement for expenditures which are
not in accordance with applicable federal or state laws and regulations or the provisions of the
contract; or
• PERFORMING AGENCY is expending funds inappropriately.
Whether PERFORMING AGENCY'S conduct or inaction is an emergency shall be determined by RECEIVING
AGENCY on a case-by-case basis and shall be based upon the egregious nature of the noncompliance or conduct.
ARTICLE 28. Sanctioe Reyie~r►
The PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of
all or part of the contract, suspension of all or part of the contract, permanent withholding of cash payments, and
denial of contract renewal or future contract awards.
PERFORMING AGENCY must make the request for review in writing to RECEIVING AGENCY within fifteen
(15) days from the date of notification by providing written notice of the dispute to the person who signed the
notification.
PERFORMING AGENCY's notice shall contain the following: (i) a copy of the letter from RECEIVING AGENCY
notifying PERFORMING AGENCY of the sanction; (ii) a specific description of each act that is the basis for the
dispute; (iii) the grounds upon which PERFORMING AGENCY bases the complaint; (iv) an identification of the
issue or issues to be resolved; (v) a precise statement of the relevant facts; (vi) any documentation in support of
PERFORMING AGENCY's position; and (vii) a statement and authorities in support of PERFORMING
AGENCY's position.
Evidence that PERFORMING AGENCY properly notified the RECEIVING AGENCY consists of any of the
following documents: (i) signature on delivery card; (ii) confirmation of a facsimile to correct telephone number,
or (iii) signed acknowledgment of delivery.
RECEIVING AGENCY's representative will schedule a meeting or a conference call to attempt to resolve the
issues in dispute. If the dispute is resolved, any resolution will be in writing and will be signed by all parties. If the
dispute is not resolved, RECEIVING AGENCY's representative will notify the PERFORMING AGENCY in
writing. RECEIVING AGENCY will appoint a reviewer(s), who will review the information, who may permit or
require additional information and who may grant, deny, or modify all relief requested in the written notice of
dispute. The reviewer(s)'s decision will be in writing and will contain a discussion of the reason for the decision
and the remedial action, if any. The reviewer(s) will send copies of the decision to all parties by any verifiable
(LGS) 1999 GENERAL PROVISIONS Page 18
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means. Ma decision of the reviewa(s) is final and is the final action of RECF.IVM AGENCY for purposes of
further proceedings.
A state statute or rub or a federal statute. regulation or guideline will prevail over the provisions of this Article
unless the statue, rule regulation or guideline can be read together with the provision or provisions of this Article
to give effect to both.
ARTICLE 29. Termination
Each Attachment shall terminate upon the expiration date of the Attachment unless camded by written amendment
in accordance with the Amendments Article. Prior to completion of the contract term, all or a part of this contract
may be terminated with or without cause as set out below.
A. Termination without cause.
(1) Either party may terminate this contract with at least 90 days prior written notice to the other
party.
(2) The parties may germinate this contract by mutual agreemem
(3) Either party may terminate this contract with at least 30 days prior written notice to the other party
in the event state and/or federal funding for this contract is terminated. limited, suspended, or
withdrawn.
(4) RECEIVING AGENCY may terminate this contract what, in the sole determination of
RECEIVING AGENCY, termination is in the best interest of the State of Texas.
B. Termination for cause.
(1) Either party may terminate for material breach of contract with at least 30 days written notice to
the other party.
(2) RECEIVING AGENCY may laminate this cormad, in whole or in part, for breach of contract or
for risky conduct by giving at least 30 days written notice to PERFORMING AGENCY. "Risky
conduct" may include one or more of the following:
(a) A court of competent jurisdiction finds that the PERFORMING AGENCY has failed to
adhere to any laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction;
(b) PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails to
allow its employees or those of its subrecipients to communicate with RECEIVING
AGENCY as necessary to the performance of the contract;
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(c) PERFORMING AGENCY breaches a standard of confidentiality with respect to the
services provided under this contract;
/LGO .
1999 GENERAL PROVISIONS Page 19
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(d) RECEIVING AGENCY determines that the PERFORMING AGENCY is without the
personnel or resources to perform under the contract;
-(e) RECEIVING AGENCY determines that PERFORMING AGENCY, its agent or another
representative offered or gave a gratuity (e.g., an entertainment or gift) to an official or
employee of RECEIVING AGENCY for the purpose of obtaining a contract or favorable
treatment;
(f) PERFORMING AGENCY's management system does not moot the UGMS management
standards; or
(g) PERFORMING AGENCY appears to be financially unstable. Indicators of financial
instability may include one or more of the following:
(i) PERFORMING AGENCY fails to make payments;
(ii) PERFORMING AGENCY makes an assignment for the benefit of its creditors;
(iii) PERFORMING AGENCY admits in writing its inability to pay its debts generally
as they become due; or
(iv) If judgment for the payment of money in excess of 550.000 (which is not covered
by insurance) is rendered by any court or governmental body against
PERFORMING AGENCY, and PERFORMING AGENCY does not (a) discharge
the judgment or (b) provide for its discharge in accordance with its terms, or (c)
procure a stay of execution within 30 days from the date of entry thereof, and
within the 30-day period or a longer period during which execution of the
judgment shall have been stayed, appeal therefrom and cause the execution
thereof to be stayed during such appeal while providing such reserves therefore
as may be required under general accepted accounting principles.
Emergency termination. RECEIVING AGENCY may terminate the contract immediately upon notice
to PERFORMING AGENCY in an emergency by any verifiable means. "Emergency" is defined in the
Sanctions Article.
Either party may deliver written notice of intent to terminate by any verifiable method. If either party gives notice
of its intent to terminate all or a part of this contract. RECEIVING AGENCY and PERFORMING AGENCY will
try to resolve any -issues related to the anticipated termination in good faith during the notice period. Upon
termination of all or part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will be
discharged from any further obligation created under the applicable terms of this contract except for the equitable
settlement of the respective accrued interests or obligations incurred prior to termination. Termination does not,
however, constitute a waiver of any remedies for breach of this contract. In addition, the obligations of the
PERFORMING AGENCY to retain records and maintain confidentiality of information shall survive this contract
ARTICLE 30. Breach of Contract
Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law.
4D
(LQ9 1999 GENERAL PROVISIONS Page 20
VOL 15 yArZK,,J.6835,,,
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ARTICLE 31. Veld Contraet
RECEIVING AGENCY may hold a contract void upon its determination that the eoaitraat sward was obtained
fraudulently or was otherwise illegal or invalid from its inception.
ARTICLE 32. l A ml Health Department Personnel
All local health department personnel funded by Attachment(s) to this sontraat are employees of PERFORMING
AGENCY which will be responsible for their direction and control and liable for any of their acts or omissions.
PERFORMING AGENCY will have in place legally sufficient due process hearing procedures for all of its
employees filling state budgeted positions.
PERFORMING AGENCY will have full authority to employ, promote, suspend, demote, discharge, and transfer
within its organization any and all state budgeted personnel funded by Attachment(s) to this contract provided,
however, that any demotion, suspension, or discharge of such state budgeted employees will be in accordance with
the due process hearing procedures as set out above. The only distinction between state budgeted and local paid
employees is that employees on state budgeted positions receive state benefits and are subject to certain duties,
obligations, and restrictions as state employees as contained in state law. One such restriction, as contained in the
State Appropriations Act, is that no employee paid on a state budgeted position may receive a salary supplement
from any source unless specifically authorized in the Appropriations Act or other state law. 'This prohibition
includes the payment to such employee of a so-called "flat rate" car allowance or travel allowance. Any travel or
per diem allowance to these employers must be on a reimbursement basis, supported by appropriate records, and
may not exceed the reimbursement for mileage and/or per diem allowed under the Appropriations Act and current
state travel regulations. This restriction will apply whether travel funds are provided in Attachment(s) under this
contract or from any other source.
PERFORMING AGENCY will utilize RECEIVING AGENCY's policies and procedures for hiring and promoting
individuals into state budgeted positions funded by this contract. Qualifications of any individuals filling these
positions will be subject to approval of RECEIVING AGENCY's Bureau of Human Resources. The purpose of the
approval is to ensure that individuals occupying these positions meet minimum educational and experience
requirements.
PERFORMING AGENCY will maintain required records and submit documents necessary to process personnel,
payroll. leave and time records, and travel costs on state budgeted positions. RECEIVING AGENCY will furnish
documentation regarding salary compensation or travel reimbursement for employees on state budgeted positions.
An independent audit is not required as a condition of this contract if the Attachment provides assistance through
assignment of state budgeted positions and no funds arc budgeted for local costs.
PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to
fulfill the scope of work of applicable Attachment(s) in lieu of being furnished state payroll warrants after a state
budgeted position becomes vacant. Reimbursement will not exceed the balance of funds on the state budgeted
position after all benefits, obligations, and/or other entitlements are met. PERFORMING AGENCV's Director, or
other person(s) authorized elsewhere in this contract, may submit a request for conversion. RECEIVING AGENCY
will transmit formal approval and a revised budget to PERFORMING AGENCY to complete the conversion if the
request is granted.
(LS) 1999 GENERAL PROVISIONS Page 21 4/98
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ARTICLE 33. Funding Participation Requirement
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PERFORMING AGENCY agrees funds provided through this contract will not be used for matching purposes in F
d' I th • d' led edby RECEIVING AGENC~I
fu i "As C-35 W CA Wi5C irec o< approv
secunng other n ng
ARTICLE 34.
PERFORMING AGENCY does not have nor shall it knowingly acquire any interest that would conflict in any
manner with the performance of its obligations under this contract. Potential conflicts of interest include an existing
business or personal relationship between PERFORMING AGENCY, its principal, or any affiliate or subrecipient
with RECEIVING AGENCY, its officers or employees, or any other entity or person involved in any way in any
project that is the subject of this contract.
ARTICLE 35. Survival of Terms
Termination or expiration of this contract for any reason shall not release either party from any liabilities or
obligations set forth in this contract that (a) the parties have expressly agreed shall survive any such termination
or expiration. or (b) remain to be performed or by their nature would be intended to be applicable following any
such termination or expiration.
ARTICLE 36. No Wah►e of Sovereign Immunity
THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY
V TENDED TO CONSTI'T'UTE A WAMM OF ANY IMMUNITIES FROM SUIT OR FROM LLABE I Y
THAT THE PARTIES OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW.
ARTICLE 37. Certi icatie s
The governing body of each party has authorized this contract. RECEIVING AGENCY is paying for the
performance of governmental functions and services from cinrent revenues available to RECEIVING AGENCY.
The payment is in an amount that fairly compensates PERFORMING AGENCY for the services or functions
performed under the cot owL
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DOCUMENT NO.746M330A-99
ATTACHMENT NO. 01
PERFORMING AGENCY: BRAZOS COUNTY
RECEIVING AGENCY PROGRAM: EMERGENCY MEDICAL SERVICES DIVISION
TERM: September 01, 1998 THRU: August 31, 1999
SECTION I. SCOPE OF WORK:
RECEIVING AGENCY will provide funding from the Emergency Medical Services (EMS) and
Trauma Care System Fund established by Health and Safety, Code §773.122, VTCA, to assist
PERFORMING AGENCY in the enhancement and delivery of patient care in the EMS and trauma
care system. PERFORMING AGENCY shall distribute and administer funds to eligible EMS
providers to provide coordination with the appropriate Trauma Service Area (TSA). These funds
shall be used for the following:
• supplies;
• operational expenses;
• education and training;
• equipment;
• vehicles; and
• communications systems.
The eligible EMS providers located in the PERFORMING AGENCY'S county which will receive
funding are specified in Exhibit A, which is attached hereto and made a part hereof.
PERFORMING AGENCY shall comply with all applicable laws and regulations established at
federal and state levels as these regulations now appear or may be amended during the period of
this Attachment; standards and guidelines referenced are those in effect on the beginning date of
this Attachment. These include:
• Texas Government Code, Chapter 791, VTCA;
• Health and Safety Code, §773.121-§773.124, VTCA; and
• 25 TAC §157.130.
SECTION II. SPECIAL PROVISIONS:
For the purposes of this Attachnent, buildings, land, or &2UT tnents (stocks, bonds, mutual funds,
etc.) are NOT ALLOWABLE COSTS.
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ATTACHMENT - Page 1
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oro.-~-;~i~+i..ii~~~..ir~OiL~$tlYrrfl4~i •+~Lih~sa'. ir.~~ wr_ _.=~+cw.. _
•
RECEIVING AGENCY will utilize current revenues available to RECEIVING AGENCY for the
disbursement of these funds to PERFORMING AGENCY.
If PERFORMING AGENCY is a county with a population of 291,000 or more, all funds
distributed must be jointly authorized by PERFORMING AGENCY'S county judge and the
mayor of the principal municipality in that county on vouchers issued by PERFORMING
AGENCY'S treasurer.
PERFORMING AGENCY shall return all unused funds to RECEIVING AGENCY no later than
August 31, 1999.
General Provisions, TERMS AND CONDITIONS OF PAYMENT Article, is replaced with the
following:
RECEIVING AGENCY will submit a lump sum payment as specified in SECTION III. BUDGET
to PERFORMING AGENCY no later than 30 days after the contract is fully executed.
General Provisions, ADVANCE PAYMENTS Article, is not applicable to this Attachment.
General Provisions, PROGRAM INCOME Article, is not applicable to this Attachment.
General Provisions, FINANCIAL REPORTS Article, is not applicable to this Attachment.
General Provisions, REPORTS AND INSPECTIONS Article, is revised to include the following:
PERFORMING AGENCY shall submit a report to RECEIVING AGENCY Program no later than
June 1, 1999 which shall contain the following:
• name of each EMS provider that received funding;
• amount each provider received;
• itemized list of expenditures, including anticipated expenditures through August 31, 1999;
and
• anticipated needs projected for FY 2000.
General Provisions, SANCTIONS Article, is revised to include the following:
LOSS OF FUNDING ELIGIBILITY
For a period of not less than one year or more than three years, as determined by RECEIVING
AGENCY, RECEIVING AGENCY may refrain from disbursing funds under Health and Safety
Code, §773.122 to a county, municipality, or local recipient if the RECEIVING AGENCY
determines that such county, municipality, or local recipient used funds in violation of that
section.
ATTACHMENT - Page 2
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SECTION M. BUDGET:
RECEMNG AGENCY will make a hmap SIM payment of W PERFORbUNG
AGENCY no later than thirty (30) days after this contract is executed by both parties.
Total payments will not exceed $3,255.00.
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ATTACHMENT -Page 3
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OCT-2748 TUE 12:28 PM TDH
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FAX NO. 512 834 6611
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EXMIT A
SB 102: EMS Trauma Care Systems Fund
1999 Eligible EMS Providers
BRAZOS
BRYAN FIRE DEPARTMENT
801 N BRYAN
BRYAN. TX 77801
IMCHAEL DONOHO (409) 361-3745
COLLEGE STATION FD
PO BOX 9960
COLLEGE STATION, TX 77840
• WII.L" KENNEDY • • (409) 764-3712
ST. JOSEPH REGIONAL HEALTH CENTER
2801 FRANCISCAN DR
BRYAN, TX 77802
SCOTT SI&M (409) 776-8069
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MEMORANDUM
October 19,1998
To: Alvin Jones, County Judge
FROM: John Reynolds, County Auditor
RE: Grant Application -1999 SB 102MMS
I have taken the opportunity to review the contract submitted by the Texas Department
of Health with regards to the State Provided EMS Funding. The contract provisions are the same
as they were last year, except, the Bureau of Emergency Management will be acting as the
oversight authority; the contract is void of the standard 10 year clause for retaining records; and,
there is only one report to file each year, instead of the quarterly requirement.
The Uniform Requirements for Grants and Cooperative Agreements will require the
County to maintain supporting documents for at least five years.
If the Commissioners' Court approves the Grant then the County will be required to
make a report in August 1999 and disclose how the funds were used. It is suggested that the
County contract with the City of Bryan and the City of College Station to receive the funds and
to provide the County with documentation as to how the funds are expended.
The cost to the County to administer the Grant over its life will probably exceed the
amount of funds received. It is possible that funding for Brazos County will be greater in future
years, but the Bureau of Emergency Management is not making any guarantees. Multiple year
funding will reduce the administrative costs. However, the current Grant document does not
' allow the County to recover any administrative costs. All funds received must supplement the
support currently being provided. Please let this office know if we can help further.
Thank Yo .
e-qP
Deco .00
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LEASE AGREEMENT
AGREEMENT of Lease, made this the 3" day of 9 1998, by and
between THE HARVEY COMMUNITY CENTER, acting by and through its duly elected
Board of Trustees, (called "LANDLORD") and BRAZOS COUNTY, TEXAS, acting by
and through its duly elected Commissioners Court (called 'TENANT").
This agreement is to renew and extend the original Lease (dated 9/21/92) for
a period of nine (9) months, beginning January 1, 1999 and ending September 30,
1999. The renewal term shall be effective from the date first above set forth and
shall extend for a period of nine months after the effective date. The purpose of the
nine (9) month extension of this lease is to be compatible with TENANT'S fiscal year.
It is the intent of TENANT to continue this lease on an annual basis hence forth.
Rent shall accrue during this renewal term from and after the commencement
date of this renewal and shall be payable by TENANT to LANDLORD at Bryan,
Brazos County, Texas at a rate of $900.00 during this renewal term. The rent shall
be due and payable either in equal monthly installments of $100.00 payable in
advance on or before the first day of each calendar month or in full in one payment
on the first day of the Tenant's fiscal year, at the Tenant's option.
The terms, agreements, covenants and conditions contained in the original
Lease are biding upon and shall insure the benefit of the parties hereto and their
respective successors and assigns.
•
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed as of the day and year first above'written.
HARVEY COMMUNITY CENTER
By: QM~Q.
Trustee
By:
rustee
By: /9 1 -
Trustee
BRAZOS COUNTY, TEXAS
By: 2_
Atvin W. J Wes
County Judge
"TENANT"
By.
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"LANDLORD"
40
.~:.gsr,ar 430. I 916ftmrvuy. lr.,
VIDL.- ~SPAU&,.L~
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BRAZOS COUNTY
BRYAN. TEXAS
I
RESOLUTION
WHEREAS, the Texas Department of Transportation has previously requested Brazos County
(County) to enter into a contractual agreement and acquire the Right-of-Way for the highway project
on SH 21 from Coulter Field to Kurten; and
WHEREAS, the County agrees to participate with the State by providing funds equal to ten (10)
percent of the cost of the said Right-of-Way for the proper development and construction of the
project; and
WHEREAS, the completion of the improvement to SH 21 is crucial to the enhancement of
circulation and safety; and
NOW, THEREFORE, BE IT RESOLVED by the Commissioners Court of Brazos County, Texas
that Brazos County, Texas accepts responsibility for ten (10) percent of the cost of said Right-of-
Way which is currently estimated at $250,000.00 for the improvement of SH 21 from Coulter Field
to Ktirten. The Texas Department of-Transportation will be responsible for acquiring all property
required for the project. Acquisition procedures will be in accordance with policies of the Texas
Department of Transportation and with applicable Federal and State laws governing the acquisition
policies for acquiring real property.
This resolution shall be effective immediately upon adoption.
PASSED AND APPROVED this day of AA, .uA&o_ 1998.
ATTEST:
APPROVED:
2
Randy Si, Commissioner, precinct 3
' r .
Carey Cauley, Jr. Commissioner, P inc
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0T" Department of Transportation
Form D-15-130
Page I of. 2
Agreement to Contribute Funds
(County Form)
THE STATE OF TEXAS Contract No.
County Brazos
COUNTY OF Travis Federal Project No.
CSJ No. 0117-01-036
ROW Account No. 8017-1-50
This Agreement by and between the State of Texas, acting by and through the Texas Department
of Transportation, hereinafter called the State, and Brazos , County,
Texas, acting by and through its duly authorized o ic-M-s un er Commissioners Court Resolution
dated the day of 19 , hereinafter called the
County, shall be effective on the date of approval and execution by and on behalf of the State.
WHEREAS, the State is requesting the County to enter into a contractual agreement and acquire
right of way for a highway project on Highway No. SH 21 with the following project
limits:
From: Coulter Field
To: Kurten : and
WHEREAS, the County has now requested that the State assume responsibility for acquisition
of all necessary right of way for said highway project; and
WHEREAS, the County desires to voluntarily contribute to the State funds equal to ten (10)
percent of the cost of the said right of way for the proper development and construction of the State
Highway System;
i
WHEREAS, the County desires to contribute this ten (10) percent of the cost of the right of way
in incremental payments in accordance with the following schedule:
• Seventy-five thousand and no/100 Dollars
(S 75,000. 00 ) upon execution of agreement.
• Eighty-five thousand and no/100 Dollars
(S R s _ n_ 0.0.00 ) on or before the one year anniversary of the
agreement.
• Ninety thmigan6 and nn/100 Dollars
(S qn7 nnn _ no ) on or before the second yeax anniversary of the
agreement.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be
derived therefrom, the County shall contribute to the State an amount equal to ten (10) percent of
the cost of the right of way to be acquired by the State and shall transmit to the State with the return
of this agreement, duly executed by the County, a warrant or check payable to the Texas Department
of Transportation in the amount of Seventy-five thousand and no/100 Dollars
(S 75, 000.00 ) as partial payment of the aforementioned ten (10) percent cost. The Countywill
contribute to the State the balance of the ten (10) percent in accordance with the following schedule:
E
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• Eighty-five thousand and no/100 Dollars
gs•, eee -00 ) on or before the one year anniversary of the
agreement.
0 Ninety thousand and no/100 Dollars
4n _ nnn _ ee ) on or before the second Year. anniversary of the
agreement.
The above contributions constitute Two Hundred Fifty Thousand and 00/100 Dollars
(S 250,000.00 ) which represents ten (10) percent of the estimated cost of the right of way.
However, if it is found that any installment is insufficient to pay the County's obligation, then the
County, upon request of the State, will forthwith supplement this amount in such amount as is
requested by the State. Upon completion of the highway project and in the event the total amount
as paid by the County is more than ten (10) percent of the actual cost of the right of way, any excess
amount will be returned to the County by the State. Cost of the right of way acquired by the State
shall mean the total value of compensation paid to owners, including but not limited to utility
owners, for their property interests either through negotiations or eminent domain proceedings.
EXECUTION RECOMMENDED:
District biguieer
THE STATE OF TEXAS
Certified as being executed for the purposes and dred of
activating and/or carrying out the orders, establishcd policies
or woik program heretofore approved and authorized by the
Texas Transportation Commission under the authority of
Minute Older
By:
Director of Right o Way
Date:
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Brazos County. Texas
•
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BRAZOS Y
BRAZOS VALLEY COUNCIL OF GOVERNMENTS
' P.O. DRAWER 4128 • BRYAN, TEXAS 778054128
Honorable Alvin W. Jones October 27, 1998
County Judge, Brazos County
300 East 26 St., Suite 114
Bryan, Texas 77803
Dear Judge Jones,
Attached please find three (3) signature pages for contract renewals initiated by this
office. Please sign all three copies, return two copies to our office and retain one copy
for your records. Thank you for your attention to this matter.--Should you have any
questions please call me.
Sincerely,
OC.~
Mary Lou iZerega
Manager, Health Services
ADN INISTRATION PHONE 409M-'*4244
OFFICES AT 1706 EAST 29TH STREET HOUSING PHONE 409/361-0503
BVDC4MAM_MYRIAD.Nh7 FAX 40%775-3466
VOL 195
Or i
Agreement for Renewal of CoatneI
The undersigned parties, for and in consideration of the mutual obligations to be performed hereunder,
do renew and extend that one certain contract among the parties dated effective September 1, IM wherein the
parties agreed to mutual obligations in connection with the provision of certain medical and related services to
indigents under the provisions of the Indigent Health Care and Treatment Act [Article 4438(f), Texas Revised
Civil Statutes].
This agreement shall renew and extend the said agreement for a term of one year, beginning September
1,1998, as if all the provisions of that agreement not inconsistent herewith were stated in this document in dxir
entirety; and the parties shall be bound to those provisions accordingly.
Dated effective this 1" day of September, 1998.
Brazos County
By •
Al Jones
County Judge, Brazos County
Brazos Valley Council of Governments
By:
Tom Willdnso .
Executive ' ector
I
Provider
By: A44 44
Jeff Dungan
Director, Managed Care
~"~~j` •Sj~+l~„
College Station Medical Center 0'0
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Agreement for Renewal
The undersigned parties, for and in consideration of the mutual obligations to be performed hereunder,
do renew and extend that one certain contract among the parties dated effective September 1, 1995, wherein the
parties agreed to mutual obligations in connection with the provision of certain medical and related services to
indigents under the provisions of the Indigent Health Care and Treatment Act [Article 4438(f), Texas Revised
Civil Statutes].
This agreement shall renew and extend the said agreement for a term of one year, begin w g September
1, 1999, as if all the provisions of that agreement not inconsistent herewith were stated in this document in their -
entirety; and the parties shall be bound to those provisions accordingly.
Dated effective this 1° day of September, 1998.
Brazos County
By:
Al Joh-s
County Judge, Brazos County
Brazos Valley Council of Governments
B
Tom Wilkinson .
Executive ' cc
Provider
By:
Gerald rAood, .
•
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IN THE COIVDV MOVERS' COURT
. OF-
BRAZOS COUNTY, TEXAS
WHEREAS, Section 2246.OOS (a) of the Government Code and Section 1.1 of
the Brazos County Investment Policy mandates that the Commissioners' Corot (governing
body) of Brazos County (nvesting entity) adopt by resolution a written investment policy
regarding the investment of its funds and funds under its control; and
WHEREAS, Section 2246.OOS (d) of the Government Code and Section 4.2 of
the Brazos County Investment Policy directs the Commissioners' Court of Brazos County
to adopt a separate written investment strategy for each of the funds or group of funds
under its control, and
WHEREAS, Section 2246.005 (e) of the Government Code and Section 1.1 of
the Brazos County Investment Policy requires that the Commissioners' Court adopt a
written instrument by resolution stating that it has reviewed the investment policy and
investment strategies and that the written instrument so adopted shall record any changes
made to either the investment policy or investment strategies; it is,
THEREFORE, RESOLVED by the Commissioners' Court of Brazos County,
Texas, that the Brazos County Investment Policy and Investment Strategies be adopted as
reviewed with revisions noted on this the 3 day of Aj nyg r ggy-, '1999.
C44.- 4<~ -
vin Jones, ty Judge
T Jo ones - Precinct I
William 4 Ccmmissionrr - Pct 2
Randy Sims, mmiuioner - Prechx:t 3
Cawley, mmissioaer - 4
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INVESTMENT POLICY FOR BRAZOS COUNTY
For Approval With Changes Noted November, 1998
Section 1.0 of the Investment Pohcyfor Brazos County is amended by consolidating 1.1 and 1.3 m,d renumbering
smme as 21, revising existing sections 1.2 and 1.4, and renumbering 1.2, 1.4, and 1.3 as 1.1 through 1.3.
1.0 INVESTMENT AUTHORITY AND SCOPE OF POLICY
provide the highest mew r-our-n-while seeki tiem4
eapitol mid to mee! the daily eashfiei6- demands of the Goupet)o,
•
Ll -{l-.4 This policy serves to satisfy the statutory requirements of Local Government Code
16.112 and Government Code Chapter 2256, Public Funds Investment Act. Sub-
chapters A and B, to define and adopt a formal investment policy. The
Commissioners Court of Brazos County shall review its investment policy not less
than annually and shall adopt a written instrument by resolution stating that it has
reviewed the investment policy and that the written instrument so adopted shall
record any changes made to the investment policy. fAispekey %Q be mWewed
cr;d--~rdepte~--by--reselu *.j
[4.3-Ais invesrmew policy Wl+es teal! f nwic-i
et the preseeNime, emy f+rrrd~ to be-erected-irt-!/re~ftN++re; anc air etlref-fu+~s held
in cep'-t}
•
12 (1.41 In accordance with Texas Local Government Code, Section 116.112 0a remand/
or Chapter 2256, Section 2256.005 (f) and (g) of the Public Funds Investment Act,
the County Treasurer, under direction of Commissioner's Court, is authorized to
invest County funds that are not immediately required to pay obligations of the
County. By the approval of this policy, the Commissioners' Court designates
the County Treasurer as Investment Officer. assisted by the Deputy Treasurer
certified as a County Investment Officer by TAC. to be responsible for the
investment of its funds consistent with the County's investment policy. Authority
granted to a person to invest the County's funds is effective until rescinded by
the Commissioner's Court or until termination of the person's employment by the
County, Unless authorized by law. a person may not deposit. withdraw. transfer-
or manage in any other manner the funds of the investing County, An Investment
Officer who has a personal business relationship with a business organization
offering to engage in an investment transaction with the County shall file a
APPROVED 11/1998
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statement disclosing that personal business interest. An Investment Officer
who is related within the second decree by affinity or consan ini to an
individual seeking to sell an investment to the County shall file a statement
disclosing that relationship This statement must be filed with the Texas Ethics
Commission and the Brazos County Commissioners Court. For the purposes of
this requirement, an Investment Officer has a personal business relationship with
a business organization if
1.2.1 The Investment Officer owns 10 percent or more of the voting stock or
shares of the business organization or owns $5.000 or more of the fair
market value of the business organization:
1.2.2 Funds received by the Investment Officer from the business organization
exceed ten (10) percent of the Investment Officer's gross income for the
previous year, or
1.2.3 The Investment Officer has acquired from the business organization during
the previous year investments with a book value of $2.500 or more for the
personal account of the Investment Officer.
is related wilhin the seemid degree by affinity or eereenguh6ty to an "i
Texas Et ,
1,2-f I-H An appointed Investment Advisory Committee shall be approved by
Commissioners' Court. This Committee will serve in an advisory capacity to
the County's Investment Officer. The Committee will meet quarterly, or as
requested by the County's Investment Officer, to review strategies and monitor the
progress of the County's investment program.
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Section 201s o vended by adding anew section 2. 1. revising the exiong 2.7, and rrnwnbering existing sections 2.1- 27
as 22 2.S
2.0 INVESTMENT OBJECTIVES
2.1 POLICY. It is the poli
cy of Brazo
s County to inve
st public funds in a manner
which will provide the
highest investment return
while seeking to ensure the
preservation of capital
and to me
et the daily cash
flow demands of the County.
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This investment policy
applies to a
ll financial assets
of all funds of Brazos County
at the present time, an
y funds to be created in the future, and any other funds held
in custody by the Count
y Treasurer
, unless expressly
prohibited by law.
APPROVED 11/1998
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Z-2 {L} GENERAL STATEMENT. Funds of the County will be invested in accordance
with federal, [arid] state, and local statutes, fknvs] this investment policy, and
written administrative procedures and strategies that have been adopted by
Commissioners' Court resolution and revised as needed.
21 {2r.} SAFETY. Brazos County is concerned about the preservation of its principal;
therefore, the return of principal and safety of principal are primary objectives in
any investment transaction.
2.4 -3} LIQUIDITY. The County's investment portfolio must be structured to conform
with an asset/liability management plan which provides for the liquidity necessary
to pay obligations as they become due.
2,5 YIELD. It will be the objective of the County to earn a yield higher than that paid
on 91-day T-Bills within the policies imposed by its safety and liquidity objectives,
investment strategies for each fund, and state and federal law governing the
investment of public funds.
2A {~-S} DIVERSIFICATION. It will be the policy of Brazos County to diversify its
portfolio to eliminate the risk of loss resulting from over concentration of assets in
a specific maturity, a specific issuer, or a specific class of investments. Investments
selected by the County shall always provide for stability of income and reasonable
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liquidity.
27 { } MATURITY. Portfolio maturities will be structured to meet the obligations of
the County first and then to achieve the highest return of interest. When the
County has funds that will not be needed to meet current-year obligations, maturity
restraints will be imposed based upon the investment strategy for each fund. The
maximum allowable stated maturity of any individual investment owned by the
County is 2 years. The maximum dollar-weighted average maturity for pooled
fund groups shall be 180 days.
2.8 {3 QUALITY AND CAPABILITY OF INVESTMENT MANAGEMENT. It is
the County's policy to provide the training required by the Public Funds Act, Sec.
2256.008. [,w;d 0ay 4:-Pat 0-4.4
Offreer] through courses and seminars offered by professional organizations and
associations. This training will insure the quality, capability and currency of the
Treasurer/County Investment Officer in making investment decisions.
2 8 1 The Treasurer shall attend at least one training session relating to the
treasurer's responsibilities within twelve (12) months after taking offs
or assuming duties, and
APPROVED 11/1995
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2.8.2 The Treasurer/County Investment Officer shall attend an investment
training session not less than once in a two-= period and receive not
less than 10 hours of instruction relating to investment responsibilities from
the Courgy Treasurers' Association of Texas- Texas Association of
Counties. GFOA. or an aQproved source. Training must include education
in investment controls- security risks, strategy risks. market risks. and
compliance with the Public Funds Investment Act,
2.8.3 The Treasurer/CIO shall document comnletion_o" ining_and--mlace
ification on file with Commissioners'
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3.0 INVESTMENT TYPES. The Brazos County Investment Officer shall use any or
all of the following authorized investment instruments consistent with governing
law.
3.1 OBLIGATIONS OF, OR GUARANTEED BY, GOVERNMENTAL ENTITIES
3. 1.1 Obligations of the United States or its agencies and instrumentalities;
3.1.2 Direct obligations of the State of Texas or its agencies and
instrumentalities-,
3.1.3 Other obligations, the principal of and interest on which are unconditionally
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guaranteed or insured by, or backed by the full faith and credit of the State
of Texas or the United States or their respective #W agencies and
instrumentalities; Lnd
3.1.4 Obligations of states, agencies, counties, cities, and other political sub-
divisions of any state having been rated as to investment quality by a
nationally recognized investment rating firm not less than "A" or its
equivalent.
f-
3.2 CERTIFICATES OF DEPOSIT if issued by a state or a national bank domiciled
in this state, [eq a savings baLn and loan asseeiefie domiciled in this state,
fetd] or a state or federal credit union domiciled in this state, and is:
3.2.1 1021/6 collateralized;
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3.2.2 Guaranteed or insured by the Federal Deposit Insurance Corporation or its
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successor,
1
3.2.3 Secured by obligations that are descnbed in Section - f22§6899(q-e,4l*
PFL4 3.1 of this li , including mortgage backed securities directl
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issued by a federal agency or instrumentality that have a market value of
not less than the principal amount of the certificates, but excluding those
mortgage-backed securities of the nature described by Section P25600
0) of the PT4A] 3.8 of this policy; or
3.2.4 Secured in any other manner and amount provided by law for deposits of
the County.
Section 3.3 is amended by revising 3.3, amplifying 3.3.2, and deleting 3.3.5.
3.3 A FULLY COLLATERALIZED REPURCHASE AGREEMENT, as defined
in the Public Funds Investment Act, ff-Rj i,5 an authorized investment under this
section if the repurchase agreement;
3.3.1 Has a defined termination date;
3.3.2 Is secured by obligations that are described in Section {-2-56009 (a) of-the
WIL41 3.1 of this policy. including mortgage backed securities directly
issued by a federal agency or instrumentality that have a market value of
not less than the principal amount of the certificates:
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3.3.3 Requires the securities being purchased by the County to be pledged to the
County, held in the County's name, and deposited at the time the
investment is made with the County or with a third party selected and
approved by the County; and
3.3.4 Is placed through a primary government securities dealer, as defined by the
Federal Reserve, or a financial institution doing business in this state.
3.4 A BANKERS' ACCEPTANCE if it
3.4.1 Has a stated maturity of 270 days or fewer from the date of its issuance;
3.4.2 Will be, in accordance with its terms, liquidated in full at maturity;
3.4.3 Is eligible for collateral for borrowing from a Federal Reserve Bank; and
•
APPROVED 11/1999
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3.4.4 Is accepted by a bank organized and existing under the laws of the United
Sates or any state, if the short-term obligations of the bank, or of a bank
holding company of which the bank is the largest subsidiary, are rated not
less than A-1 or P-1 or an equivalent rating by at least one nationally
recognized credit rating agency.
i Section 3.3 is amended by raising 3.3.2 and adding 3.5.3.
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3.5 COMMERCIAL PAPER is an authorized investment under this subchapter if the
commercial paper:
3.5.1 Has a stated maturity of 90 days or fewer from the date of its issuance;
and
3.5.2 Is rated not less than A-1 by Standard and Poors and P-1 by Moodys rating
agencies,
state.
3.5.3 Relative to Commercial Paper. the County may not
3.53.1 Have more than $5 million invested in Commercial Paper at anyone
time:
3.5.3.2 Have more than a $2 million purchase in any one Commercial
Paper issue: or
3.5.33 Purchase Commercial Paper unless it is on the list of issuers
approved by the Investment Advisory Committee and mailed to the
approved broker/dealers for review,
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Section 3.6 is amended by revising 3.6.1.1, adding a new 3.6.1.2, and renumbering 3.6.1.2 - 3.6.1.3 as 3.6.1.3 - 3.6.1.4.
3.6 MONEY MARKET MUTUAL FUNDS if the Commissioners' Court by
resolution authorizes investment in the fund with limitations described below:
APPROVED 1111999
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• ' 3.6.1 A no-load money market mutual fund is authorized if it
3.6.1.1Is registered with and regulated by the Securities and Exchange
Commission,
3.6.1.2 Provides the investing entity with a prospectus and other
information required by the Securities Exchange Act of 1934 (15
U S C Section 78a et seq ) or the Investment Company Act of
1940 (15 U S C. Section 80a-1 et seq.);
3.6.1.3 f3.6. 1.f Has a dollar-weighted average stated maturity of 90 days
or fewer, and
3.6.1.4 13.6-13} Includes in its investment objectives the maintenance
11---immen'} of a stable net asset value of $1 for each share.
3.6.2 Relative to money market mutual funds, the county may not
3.6.2.1 Invest in the aggregate more than 60 percent of its monthly average
fund balance, excluding bond proceeds and reserves and other
funds held for debt service which may not be invested in money
market mutual funds, in money market mutual funds, or
• 3 6 2 2 Invest its funds or funds under its control, including bond proceeds
and reserves and other funds held for debt service, in any one
money market mutual fund in an amount that exceeds 10 percent of
the total assets of the money market mutual fund.
3 6 3 A money market mutual fund shall invest the funds it receives from entities
in authorized investments
permitted by the Public Funds Investment Act.
Section 3.7 is amended by a revision of all the subsections with the exception of 3.7.1 which has been
renumbered as 3.7.2. This revision states the law rather than making a reference to the law.
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3.7 ELIGIBLE INVESTMENT POOLS nds
~+e~t+nerrt-~9c~t-
APPROVED 11/1999
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b 3 .7.1 Brazos f& wM may invest its funds and funds under its control through an
gligible investment pool if the Commissioners Court by resolution authorizes
investment in the particular pool An investment pool shall invest the funds it
receives from entities in authorized investments permitted by the Public Funds
Investment Act.
y 3.72 {3-Ar3 Brazos County will not invest more than 60% of its funds in an
investment pool for longer than a three-month period.
3,73 To be eligible to receive funds from and invest funds on behalf of Brazos
Coun% an investment pool must furnish to the investment officer an offerin
circular or other similar disclosure instrument that contains, at a minimum, the
following information;
3.7.3.1 The tvaes of investments in which money is allowed to be invested
3.7.3 2 The maximum average dollar-weighted maturity allowed, based on the
stated maturity date. of the pool;
3.7.3.3 The maximum stated maturity date any investment security within the
portfolio has
3.7.3.4 The objectives of the pool:
3.7.3.5 The size of the pool:
3.7.3.6 The names of the members of the advisory board of the pool and the
dates their terms expire:
3.7,33 _ The custodian bank that will safekeeo the pool'
3.7.3.8 Whether the intent of the pool is to maintain a net asset value of one
dollar and the risk of market price fluctuation:
3.7.3.9 Whether the only source of payment is the assets of the pool at market
value or whether there is a secondary source of payment such as
insurance or guarantees and a description of the secondary source of
payment:
3.7.3.10 The name and address of the independent auditor of the pool:
' APPROVED I V1998
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3.7.3.11 The requirements to be satisfied, deadlines and/or other operating
policies required for the County to invest funds in and withdraw funds
from the pool, and
3.7.3 12 The performance history of the pool. including yield, average dollar-
weighted maturities, and expense ratios.
3 7 4 To maintain eligibility to receive funds from and invest funds on behalf of the
Couny. an 'investment pool must furnish to the Investment Officer:
3.7.4.1 Investment transaction confirmations. and
3.7 .4 2 A monthly report that contains, at a minimum the following
information:
•
3.7.4.2 1
The types and percentage breakdown of securities in
which the pool is invested;
3 7 4 2 2
The current averac;e dollar-weighted maturity. based on
the stated maturity date, of the pool.
3.742.3
The current percentage of the pool's portfolio in
investments that have stated maturities of more than
one year.
3 7 4 2 4
The book value versus the market value of the pool's
portfolio, using, amortized cost valuation;
3 7 4 2 5
The size of the pool.
3.7 4 2 6
The number of participants in the pool.
3.74.2.7
The custodian bank that is safekeeping the assets of the
2201.
3 7 4 2 8
of the County's daily transaction activity;
A listing
3 7 4 2 9
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The yield and expense ratio of the pool.
3 7.4 2 10
The portfolio managers of the pool, and
3 7 4 2 I 1
Any changes or addenda to the offering circular
3 7 4 3 The County by contract may delegate to an investment pool the
authority to hold legal title as custodian of investments purchased with
its local funds.
3.7.4.4 In this _section_ "yield" shall be calculated in accordance with
regulations governing the registration of open-end management
investment companies under the Investment Company Act of 1940, as
promulgated from time to time by the federal Securities and Exchange
Commission.
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? 3.7.4.5 To be eligible to receive funds from and imm t funds on behalf of the
CouM it oublic funds investment cool created to function as a money
market mutual fund must mark its portfolio to market daily, and. to the
extent reasonably Rgssible. stabilize at a $1 net asset value. If the ratio
1 of the market value of the portfolio divided by the book value of
the portfolio is less than 0.995 or greater than 1.005, portfolio
holdings shall be sold as necessary to maintain the ratio between 0.995
and 1.005.
3.7.4.6 To be eligible to receive funds from and invest funds on behalf of the
County, a public funds investment pool must have an advisory board
composed of participants in the pool and other persons who do not
have a business relationship with the pool and are qualified to advise
the pool.
7 4-7 To maintain eligibility to receive funds from and invest funds on behalf
of the County. a public funds investment pool must be continuously
rated no lower than AAA or AAA-m or at an equivalent rating by
_at
least one nationally recognized rating service or no lower than invest-
ment rg ade by at least one nationally recognizA rating service with a
weighted average maturity no greater than 90 days
3.8 PROHIBITED. The Brazos County Investment Officer will make no investments
in derivative products. The Public Funds Investment Act specifically prohibits
the following investments:
3.8.1 Obligations whose payment represents the coupon payments on the out-
standing principal balance of the underlying mortgage-backed security
collateral and pays no principal;
3.8.2 Obligations whose payment represents the principal stream of cash flow
fi-om the underlying mortgage-backed security collateral and bears no
interest;
3.8.3 Collateralized mortgage obligations that have a stated final maturity date of
greater than 10 years; and
3.8.4 Collateralized mortgage obligations the interest rate of which is determined
by an index that adjusts opposite to the changes in a market index.
APPROVED I MM
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Section 4.0 is amended by revising 4 1 and 4 2.
4.0 INVESTMENT STRATEGIES
? i.
4.1 In accordance with the Public Funds Investment Act, a separate written investment
strategy will be developed for each of the funds or group of fiords under Brazos
County's control. Each strategy must describe the investment objectives
for the particular fund using the following priorities in order of importance:
4.1 1 Understanding of the suitability of the investment to the financial
requirements of the County;
4.1.2 Preservation and safety of principal;
•
41.3 Liquidity;
41.4 Marketability of the investment if the need arises to liquidate the
investment before maturity;
4.1.5 Diversification of the investment portfolio;
416 Yield, and
4.1.7 Maturity restrictions.
42 The Commissioners Court of Brazos County shall review its investment strategies
not less than annually and shall adopt a written instrument by resolution stating
that it has reviewed the investment strategies and that the written instrument so
adopted shall record any changes made to investment strategies. [h; aceetdww-e
Section 5.0 is amended by revising 5.1.5.1, 5 1.5.2, 5.1.5.3, 5.2.2, and 3.3.1 and by adding 5 2.4.
5.0 INVESTMENT RESPONSIBILITY AND CONTROL
5.1 INVESTMENT INSTITUTIONS DEFINED. Brazos County funds shall be
invested with or through any or all of the following institutions or groups
consistent with federal and state law and the current Depository Bank contract:
5. 1.1 Depository bank;
APPROVED 11/1998
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5.1.2 Other state or national banks domiciled in Texas that are insured by FDIC;
5.1.3 Savings and loan associations domiciled in Texas that are insured by FSLIC
(or its successor);
5.1.4 Public funds investment pools; or
5.1.5 Government securities brokers and dealers meeting the following
i qualifications:
5.1.5.1 A written copy of this investment policy shall be presented to any
person offering to engage in an investment transaction with the
oun J.
For purposes of this section, a business organization includes
investment pools. Nothing in this section relieves the County of the
responsibility for monitoring the investments made by the County
to determine that they are in compliance with the investment policy.
5.1.5.2 The qualified representative {registered AFinc pad} of the business
organization offering to engage in an investment transaction with
the County shall
execute a written instrument in a form acceptable to the County and
the business organization substantially to the effect that the business
organization has.
5.1.5.2.1 69 Received and fdP&wrrgh4 reviewed the investment
policy of the County, and
5.1.5.2.2 (~1 Acknowledged that the business organization has
implemented reasonable procedures and controls in
an effort to preclude
investment transactions
conducted between the County and the organization
that are not authorized by the County's investment
policy. except to the extent that this authorization is
dependent on an analysis of the makeup of the
County's entire portfolio or requires an inte[pre-
tation of subjective investment standards.
5.1.5.3The County Investment Officer may not acquire or otherwise obtain
any authorized investment described in the County's investment
og, l tbuy any seemmies} from a person who has not delivered to
the County the {aq instrument re uired
prev+ded~ above.
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• 5.1.5.4 The Brazos County Investment Advisory Committee shall at least
annually, review, revise, and recommend a list of qualified
brokers to the Commissioners' Court The Court shall adopt the
list of qualified brokers who are authorized to engage in
investment transactions with the County Selection of brokers
will be
bFekeF&Wealerrs} based upon the following:
5.1 5 4.169 Qualifications and capabilities of the firm in dealing
with public entities;
5.1.5.4.2 (2)
Qualifications and capabilities of the relationship
manager,
5.1.5 4 3 (3
Market capitalization of the firm;
5 1 5.4 4 (4)
The number of transactions won though competitive
bidding;
5.1.5.4 5 (5)
Prompt and accurate confirmation of transactions;
5 1 5.4 6 (,o
Efficient securities delivery;
5 1 5.4 7 (7)
Accurate market information, and
5.1 5.4 8 (89
Account servicing.
5.2 STANDARDS OF OPERATION
• 5 2.1 The County Investment Officer shall develop and maintain written
administrative procedures for the operation of the investment program
consistent with this investment policy.
5.2.2 It shall fwdy be the policy of the County that all transactions, except
investment pool funds and mutual funds, be settled on a delivery versus
payment basis
5.2.3 All investment funds will be placed directly with qualified financial
institutions The County will not deposit nor invest through third parties or
money brokers.
5.2.4 The market price of the County's investments shall be monitored by soliciting
prices at least quarterly from a qualified broker.
APPROVED 11/1998
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5.3 PRUDENT STANDARD OF CARE.
5.3.1 In the administration of the duties of the Investment Officer the person
designated as Investment Officer shall exercise the f{mwamenk -hall he
made -Wffr} judgment and care, under prevailing circumstances, that a
person of prudence, discretion, and intelligence would exercise in the
f management of the person's own affairs, not for speculation, but for
investment, considering the probable safety of capital and the probable
income to be derived. Investment of funds shall be governed by the
' following investment objectives, in order of priority: preservation and
safety of principal; liquidity; and yield.
5.3.2 In determining whether an investment officer has exercised prudence with
! respect to an investment decision, the determination shall be made taking
t into consideration:
5.3.2.1 The investment of all funds, or funds under the Coun ' I&PUty
control, over which the officer had responsibility rather than a
consideration as to the prudence of a single investment, and
5.3.2.2 Whether or not the investment decision was consistent with the
written investment policy of the entity.
Section 5.4 is amended by moving 7.1 through 7.2.3 into this section renaming 7.1 through 7.2.3 as
5.4 through 1.5.3, renaming 5.4 through 5.4.2 as 5.6 through 5.6.2, revising 5.6 1 and adding 5.6.3.
5.4 COLLATERAL OR INSURANCE. The Brazos County Investment Officer
shall insure that all County funds are 102% collateralized or insured consistent
with federal and state law and the current Bank Depository Contract in one or
more of the following manners:
5.4.1 FDIC insurance coverage:
5.4.2 Obligations of the United States or its agencies and instrumentalities;
5.4.3 Direct obligations of the State of Texas or its agencies:
5.4 .4 Other obligations, the principal of and interest on which are
unconditionally guaranteed or insured by the State of Texas or the
United States or its agencies and instrumentalities:
5.4.5 Obligations of states, agencies, counties. cities, and other political
subdivisions of any state having_ been rated as to investment quality by a
APPROVED 11/1""
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nationally recognized investment rating, firm and having received a rating
of not less than "A" or its equivalent: or
5 4 6 Any other manner allowed by law.
55 SAFEKEEPING
5 5 1 All securities purchased by the County shall be held in safekeeping by the
County, or a County account in a third party financial institution, or with
the Federal Reserve Bank
5.5.2 All Certificates of Deposit, insured by the FDIC. purchased outside the
DepositoU Bank shall be held in safekeeping by either the County or a
County account in a third party financial institution.
5 5 3 All pledged securities shall be held in safekeeping by the County, or a
County account in a third party financial institution or with a Federal
Reserve Bank
5 6 "AUDIT CONTROL.
5.6.1 The Investment Officer of Brazos County will establish a liaison with the
County Auditor in preparing investment forms for accounting and auditing
control. ( Brazes ~y
Mier-J'
5.6.2 The Commissioners' Court of Brazos County shall {wdy have an annual
financial audit of all County funds by an independent auditing firm, as
well as an annual compliance audit of management controls on investments
and adherence to the County's established investment policies.
5.6.3 If the County invests in other than money market mutual funds, investment
pools or accounts offered by its depository bank in the form of certificates
of deposit or money market accounts or similar accounts, the reports
prepared by the Investment Officers under this section shall be formally
reviewed at least annually by an independent auditor, and the result of the
review shad bg reported to the Commissioners Court by that auditor.
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Section 6.0 is anunded by revision 6.1.4 and adding 61.4.4, and 61.4.5.
6.0 INVESTMENT REPORTING AND PERFORMANCE EVALUATION
6.1 QUARTERLY REPORT. At least quarterly, the Investment Officer shall
prepare and submit to the Commissioners' Court a written report of investment
transactions for all funds for the preceding reporting period within a reasonable
time after the end of the period. The report must:
6. 1.1 Describe in detail the investment position of the County on the date of the
report;
6.1.2 Be prepared jointly by all investment officers of the County,
6.1.3 Be signed by each of the investment officers of the County;
6.1.4 Contain a summary statement, prepared in compliance with eg nerally
accepted accounting _nrinciples, of each pooled fund group that states
the following:
6.1.4.1 Beginning market value for the reporting period;
6.1.4.2 Additions and changes to the market value during the period; (amq
6.1.4.3 Ending market value for the period;
6.1.4.4 Fully accrued interest for the reporting period" and
6.1.4.5 The dollar-weighted average maturity of the portfolio
6.1.5 State the book value (the original acquisition cost of an investment plus or
minus the accrued amortization or accretion) and the market value (current
face or par value of an investment multiplied by the net selling price of the
security as quoted by a recognized market pricing source quoted on the
valuation date) of each separately invested asset at the beginning and end
of the reporting period by the type of asset and fund type invested;
6.1.6 State the date of maturity of each separately invested asset that has a
maturity date;
6.1.7 State the account or fund or pooled group fund in the County for which
each individual investment was acquired; and
APPROVED1V19M
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• 6.1.8 State the compliance of the investment portfolio of the County as it
relates to the following:
6 1.8 1 The investment strategy expressed in the County's investment
policy, and
6.1.8.2 Relevant provisions of Chapter 2256, Texas Government Code, as
amended.
62 NOTIFICATION OF INVESTMENT CHANGES. It shall be the duty of the
County Investment Officer of Brazos County, Texas, to notify the Brazos County
Commissioners' Court of any significant changes in current investment methods
and procedures prior to their implementation.
Section 7.0 is amended by moving the information into section 5. 0, deleting 7 0, and renumbering 7! through
7Z.3 as 5.4 through 5 5 3.
p-.0 NVESTMENT FOAL AND SAFEKEEPW
APPROVED 1111998
15
4
.02
,
or-
%Wk
Section 8.0 is amended by renumbering section 8.0 as section 7. 0. revising 7.1.1, and adding 7.1.2 and 7.2.
7.0 DEPOSITORY FOR COUNTY FUNDS
7.1 DEPOSITORY CONTRACT.
7.1.1 The Commissioners' Court of Brazos County at its May regular term
immediately following each general election for state and county officers
shall contract with one or more banks in the county for the deposit of the
County's public funds. The County shall contract with a bank for a two-
year or four-year contract term.
kmm a! the option of G0MM&Si&Wr5' G"4.1
7.1.2 If the contract is for a four-vear_ term, the contract shall allow the ban
establish. on the basis of negotiations with the County new interest rates
and financial terms of the contract that will take effect during the final two
years of the four-year contract if,
7.1.2.1 The new financial terms do not increase the prices to the County by
more than 10 percent: and
7.12 2 The County has the option to choose to use the initial variable
interest rate option or to change to the new fixed or variable
interest rate options proposed by the bank.
7 1 3 f7t. A~ The provisions set forth in Chapters 116 and 117 of the Local
Government Code will regulate the establishment of the depository,
security for funds held by the depository, depository accounts, and
liabilities.
7.2 COLLATERAL will be provided by the Depository in accordance with
Government Code 2257. Subchapters A and B.
APMV® I MM
i
• ,1
1
• Section 8.0 has been added to include definitions.
8.0 DEFINITIONS.
b
4
8.1 BOND PROCEEDS means the proceeds from the sale of bonds. notes, and other
obligations issued by an entity, and reserves and funds maintained by an entity for
debt service purposes.
82 BOOK VALUE means the original acquisition cost of an investment plus or
minus the accrued amortization or accretion
8.3 FUNDS means public funds in the custody of the County hat:
83 1 Are not required by law to be deposited in the state treasury; and
8.3 2 The County has authority to invest
•
8A INVESTMENT POOL means an entity created under Chapter 2256 of the
Government Code to invest public funds jointly on behalf of the entities that
participate in the pool and whose investment objectives. in order of priority are:
preservation and safes of principal, liquidity, and yield.
8,5 MARKET VALUE means the current face or par value of an investment
multiplied by the net selling price of the security as quoted by a recognized market
pricing source quoted on the valuation date
8.6 POOLED FUND GROUP means an internally created fund of an investing entity
in which one or more institutional accounts of the County are invested.
8.7 QUALIFIED REPRESENTATIVE means a person who holds a position with a
business organization who is authorized to act on behalf of the business
organization and who is one of the following:
APPROVED 11/1998
'VU 5 A a
't
:y
I'
8 7 1 For a business orrgaWzation doing business that is regulated by or r sg'~ tered
with a securities commission. 8 person who is registered under the rules of
the National Association of Securities Dealers:
8 7 2 For a state or federal bank a savings bank. or a state or federal credit
union, a member of the loan committee for the bank or branch of the bank
or a person authorized by corporate resolution to act on behalf of and bind
the banking institutions or
8 7 3 For an investment pool, the person authorized by the elected official or
board with authority to administer the activities of the investment pool to
sign the written instrument on behalf of the investment pool.
8.8 SEPARATELY INVESTED ASSET means an account or fund of the Countv
that is not invested in a pooled fund group.
APPROVED I I/M$
1
~•I
VC)L
l
UNVESTMENT STRATEGY
Brazos County maintains a portfolio that supports three different types of funds available
for investments made in accordance with the County's Investment Policy. Emplo ina a
Passive investment style, these funds AMjnvested [wfi ge} ilizin the following strategies
designed to fellow) provide for the safety of principal first and the suitability of each
individual fund while earning the best possible interest rate available.
OPERATING FUNDS
I
•
Obiective• Brazos County's Operating Funds shall be invested in a manner to maintain the
safety and liquidity necessary for weekly accounts payable_ jury expenses. and bi-weekly
12 roll Excess funds shall be invested to provide diversification and to earn a more
competitive interest rate while maintaining marketability and liquidity to offset occasional
unanticipated enditures.
trat gy@ Operating Funds shall be invested in securities having a short maturity date or in
a daily liq 1 ity fund such as TexPool or in an eligible money market mutual fund Excess
funds may be invested in securities with a longer maturity date or in an approved
commercial paper issue.
SPECIAL PROJECTS AND PERMANENT IMPROVEMENT FUNDS
Objectiye• These funds are to be invested in a manner structured to assure that anticipated
cash flows are matched YAth investment liquid*11 and to provide the necessary safety of
the funds.
•
APPROVED 11/1991
VOL PAUF ~ .
crrs,mse +aae
F
I
t
1
it
S== The Mcd
ai MWe
m and pm
a= WWmn= Rmds (and some operating
funds) are unrested
in a se
ries of securi
ties each with a oa=sb y longer` time to
maturisy. The amou
nts of e
ach secutity a
re determined by monthly or seasonal cash flow
spending gees prov
iding a
consistent lev
el of cash inflow throughout the year. At least
1011A of these funds
are to
be kept in hi
lt liquid instruments to allow for fixed asset
purchases or unfores
een proj
ect outlays.
Objective: These funds shall be invested to provide adequate funds to cover the debt
service obligation on the required payment date. The selection of these investments will
be based primarily on saf . suitability and marketability and secondarily with regard to
yield and diversification.
Strategy: The matching approach for investments will be utilized for these funds by
investing funds received at the beginning of the year with maturity dates selected to
coincide with liabilities throughout the year. Adequate funds are invested to maw re in
time to pay for Brazos County's quarterly bond obligation payments. and excess funds are
invested for longer periods of time.
areaovw unm
lvc)
I~
.1
•
xx~
• L
IN THE COMMISSIONERS' COURT
OF
BRAZOS COUNTY, TEXAS
RESOLIMON:
WHEREAS, Section 2256.025 of the Government Code and Section 5.1.5.4 of
the Brazos County Investment Policy directs the Commissioners' Court, at least annually,
to review, revise, and adopt a fist of qualified brokers that are authorized to engage in
investment transactions with Brazos County, and
WHEREAS, the Brazos County Investment Advisory Committee recommends the
following brokers based upon qualifications delineated in Sections 5.1.5.4.1 through
5.1.5.4.8 of the Brazos County Investment Policy; it is,
THEREFORE, RESOLVED by the Commissioners' Court of Brazos County,
Texas, on the .3 It day of No v e wi s r.,~ , 1998, to adopt the following list
of Brokers:
is
is
WIUU ,I. LYNCH OF HOUSTON
CONTACT: JEROME SENEGAL
SALOMON SMITH BARNEY
CONTACT: LARRY BURNS
CHASE SECURITIES OF TEXAS, INC
CONTACT: DAN AUSTIN
Alvin 10 - ty Judge
TotjofiM loner - Precinct 1 Randy Sims, mmissioner - Precinct
William orntan, Commissioner - Pct 2
a
CaiwTe mmiwoner - 4
1VQL 5 _PAGE.
I~
t~
W;
s~
l~
~F
~1
fi
i
b
IN THE COMIVIISSIONERS' COURT
OF
BRAZOS COUNTY, TEXAS
WHEREAS, Section 1.3 of the Brazos County Investment Policy provides for an
Investment Advisory Committee to serve in an advisory capacity to the County's
Investment Officer to review strategies and to monitor the progress of the County's
investment program; and
WHEREAS. Section 1.3 of the Brazos County Investment Policy requires the
approval by Commissioners' Court of appointments to the Brazos County Investment
Advisory Committee; it is,
THEREFORE, RESOLVED by the Brazos County Commissioners' Court on
the 31% day of Moggid , 1998, to approve the following members
of the Brazos County Investment Advisory Committee:
BOOKMAN PETERS, CPA
KEVIN McGINNIS, Assistant Director of Treasury Services for the A&M System
RANDY SIMS, Commissioner of Precinct 3
RUTH McLEOD, Executive Assistant to the Commissioners' Court
ROD ANDERSON, Assistant County Attorney
c
i
5
i
lvin ]ones. C&Qty J
Precinct I Randy Sims, mmissioner , Precinct 3
Wllliam'IbOrntoq COmmissi00er - Pct 2 Caut COIIIQllssioner - 4
i
i `
I
•
WHEREAS, Section 118.141(1) of the Local Government Code allows the County Treasurer, or
another officer who receives revenue in place of the County Treasurer, to collect a fee of not less than
$15.00 or more than $25.00 for services rendered to any person in regard to a returned chock; and
WHEREAS, Section 118.142 of the Local Government Code states that the fee for "Returned
check" is for a check that is presented to the County in payment of any service, fa, claim registration,
fine, or other coat of the County and is returned by the depository bank or another bank for any reason
considered to be the fault of the drawer, including:
(1) insufficient funds to eoverthe check;
(2) closed account;
(3) unauthorized signature; or
(4) drawn on uncollected funds; and
WHEREAS, Section 118.141 (2) of the Local Government Code allows the County Treasurer, or
another officer who receives revenue in place of the County Treasurer, to collect a fee of $15.00 for a
Stop-Payment Order, and
•
WHEREAS, Section 118.143 of the Local Government Code states that the fee for a "Stop-
Payment Order" is for placement of a stop-payment order on a check issued by the County for which the
County will be directly or indirectly charged by the depository bank or another bank; and
WHEREAS, Section 118.145 of the Local Government Code states that the fees oollected for a
Returned Check or for a Stop-Payment Order shall be deposited in the general fund of the County to the
credit of the County Treasurer fees of office account; it is.
THEREFORE, RESOLVED on this the K,~day of Nov v~.e eL . 1998, by the
Commissioners' Court of Brazos County, Texas, that the County Treasurer, or another officer who
receives revenue in place of the County Treasurer, shall be authorized to collect a Returned Check foe of
S 15.00 and to collect a Stop-Payment Order fee of S 15.00.
f
vin 4aQ Judge
•
T Jo loner - Precinct 1
William ehomtoi,~;Rmmissioner - Pct 2
Randy
Caul Commissioner - 4
i
DEPARTMENT:
DATE:
RETURNED CHECK FEE REPORT
NUMBER OF FEES COLLECTED _ X $ 15.00 = I
STOP-PAYMENT ORDER FEE REPORT
NUMBER OF FEES COLLECTED _ X $ 15.00 =
TOTAL FEE MONEY PlaUDED WM THIS REPORT
DEPARTMENT HEADVAUTF M MED REPRESENTATIVE
RECEIVED IN TREASURER'S OFFICE
DATE
VOL
t
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THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
: 0
U-j
t '
BID TABULATION 99-M
EQUIPMENT LUBRICANTS
1998M CONTRACT
11nsr96.11n5199
BIDDERS
30,4
w
MARKETING WHOLESALE FUELS TIMMONS
CORP. INC. INC. Oa
UM GIQ0 U of 0 t
BRAND NAME 500-30W Super Plus 30W Cltpard 500 Argent
PER GALLON 335 160.60 165.00 2.72 ~
DRUM DEPOSIT - 15.00 - 15.00
GAgo Utpar U o ar
BRAND NAME 500410W Super plus 30W 500 Argerd s
PER GALLON 337 16.85 14.00 3.00
3
~11!0 swim
o Cr ar Apo ar
PER `
BRAND NAME 5WISW40 Super plus 1SW40 500 Argent
PER GALLON 3.36 166.65 169.65 2.99
DRUM DEPOSIT - 15.00 - 15.00:
X_
4 BMW LR7T.
x;
o • arApo LAgam
BRAND NAME 500-15W40 Super OA 1SW40 500 Argent
PER GALLON 315 19.40 18.50 320
S '
o exaco 0 Ira=
BRAND NAME Hydrwk Fluid Hyd. Fluid Argeld
PER GALLON 3.19 21747 243.00 195
DRUM DEPOSIT - - - 15.00 I
6
~tgo ra eXeco IDK- o rra=
BRlWD NAME Hydraulic Fluid Hyd Fluid Argent
PER GALLON 3.69 22.77 22.00 320
7
lQ0 rarupower ranwasm a Ulgo ransq s
30 WEIGHT Fluid 30 Tram 01 SAE 30 H.p.30 wt (i 1 S dram depwA
PER GALLON 6.07 223.79 4.60 368
OWN
6
`ri(7fJU Ci`~o Premium Xiu;uyear""f u eL`Y"~'+ipoPiru um ;
BRMIO NAME Gear of 65W140 85.140 Gear 01 Argent
PER POUND 0.52 246.52 0.47 0.46 f
DRUM DEPOSIT - - 15.00 =
PAIL •G, }lk"ir f ear o remrum
CtvoPreT* n 85.140 GearOll Argent
BRAND NAME Gear 0185WI40
PER POUND 24.78 24AI 22.00 18.00
10 , T~Att;)l 4sIU
Ri_~IU iG~~o"lX;nii~uryase iavoTur+F i ul~-O a 'l gar
RCrtd$ ATF Dam 01 De*m ATF 10 ATF Darin III Argent
BRAND NAME Maroon Merm
PER GALLON 3.36 206.32 190.00 3.00
DRUM DEPOSIT - - - 15.00
11
Gj4`' 0 2 Q case utgo rwisgar
ED rt ,t S Mut*ffpose ATF HmM Mer=V ATF Deruon IIY
Dexmn IIIIMeroao De*w ATF III Meroon Argent
OTS. R PER CASE 12 12 14 14
' PER CASE 15.34 12.94 15.00 11.00
12
IDG { CItQ 10 eX dkMY U Xy sUk-IeQ"4 UUIWm
0 Grease 82 10 4rbeslcase MP-2 complex grease
OZfMI 1CTN 14 10x14 14 az 14 az 14 ay10 c h
PER CASE 12.73 8.86 68.00 12.90
RECOMMENDATION: TIC AONS OIL1.11. H&M WHOLESALE 12
AWARD DATE:
. . r ..{7 - r i -'+t tia+w.;:.L+.:t ~.dY~L.S v~J ~'kw.WiSiYV4Cw~WiFAaXlriSilf 'k+w~`~.'i'-' ~ ~ 'yh'M.i~er.~Y~iVSiM~~:►.1i7:S.s.~Mla.+.61...4ri.4.~.. Y'i3w•waYula4.F.N,.r✓~+.t-:-s~:[~f sera.... .w •~..+...t.. ~ 4.+x.s. -
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POSSIBLE
DUE TO
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OF THE ORIGINAL
F'~ iI -'T rt it t• ~1~ ' .j. ~ ~
i
BID TABULATION 99-007
OVERSIZED LIMESTONE AGGREGATE
1998-1999 CONTRACT
11/15/98 -11115199
LOADED &
LOADED &
HAULED
HAULED
PLANT
BIDDERS
NET TON
1 j200 TONS
LOCATION
GEORGETOWN, TX
mig
f
AGGREGATE GRADE 2
$ 13.57
$ 54,280.00
GEORGETOWN
B RYAN, TX
AGGREGATE GRADE 2
$ 13.27
$ 53,080.00
BRYAN
RECOMMENDATION: PRIMARY : GIFFORD HILL
SECONDARY:
AWARD DATE:
14
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►ra:.a•1Y..'wY.i~ r' ~YSS'~.offdiL ~'~~•i~'i+~ir...ii, ~sy )~~-a'.`' 1t. c{~:1: !,K4~' • V r.. MAY
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OF THE ORIGINAL
s
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t
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4
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7
BID TABULATION 99-008
HEAVY MACHINERY RENTAL
1998.1999 CONTRACT
11115198.11115199
TYPE OF EQUIPMENT
w
R. B. EVERETT & CO.
UUt:L.
MONTHLY:
NU i
WEEKLY:
DAILY:
FREIGHT:
MAr%tJMUUhL:
MONTHLY:
NO i
WEEKLY:
DAILY;
FREIGHT:
P(VWVLER
Y
MONTHLY:
2,100.00
WEEKLY:
745.00
DAILY:
250.00
FREIGHT:
L.,
MONTHLY:
WEEKLY;
DAILY:
FREIGHT:
mAKt:jmuuLL.
NO n
MONTHLY:
WEEKLY:
DAILY:
FREIGHT:
MONTHLY:
WEEKLY:
DAILY:
FREIGHT:
mAKtimuuLL.
MONTHLY:
Nu 81U
WEEKLY:
DAILY:
FREIGHT:
MUSTANG RENTAL
RENTAL SERVICE CORP
UDELSON EQUIPMENT
ILLAR 41644 HP
n
1,350.00
1,350.00
1,195.00
450.00
600.00
398.00
150.00
216.00
133.00
$251EACH WAY
2,000.00
2,150.00
1,750.00
670.00
1,000.00
583.00
230.00
326.00
195.00
$25/EACH WAY
U U
2,450.00
2,350.00
2,650.00
620.00
1,150.00
883.00
250.00
350.00
295.00
$251EACH WAY
mi
ll
1
X1,315.00
4,250.00
'11.440.00
1,417.00
480.00
473.00
$25/EACH WAY
411 01, Imi IN lillop-ma
Imll oil i
s
6200.00
5,400.00
2070.00
1,800.00
690.00
600.00
$251EACH WAY
8,750.00
2,916.00
972.00
b
11,500.00
3,833.00
1,278.00
b
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THE FOLLOWING
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POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
wip if<.•'m'~l~rlrC .1 ~MtI~*•). I v
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10.
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TYPE OF EQUIPMENT
R. B. EVERETT a CO.
MUSTANG RENTAL
RENTAL SERVICE CORP
UDELSON EQUIPMENT
MAKLIMUUtL:
MONTHLY:
NU Ulu
C.At UbU-LGP 0 HP)
8,100.00
NO blU
CA
5,250.00
WEEKLY:
2,050.00
1,750.00
DAILY:
685.00
583.00
FREIGHT:
S5OIEACH WAY
P
MAKF-JMUUt:L
NO BlU
Em"UML I b A
NO U
MONTHLY:
1,400.00
WEEKLY:
470.00
DAILY:
160.00
FREIGHT:
3251EACH WAY
MONTHLY:
2720.00
WEEKLY:
910.00
DAILY:
305.00
FREIGHT:
S251EACH WAY
MONTHLY:
2,400.00
2,600.00
2,550.00
WEEKLY:
870.00
1,061.00
DAILY:
275.00
290.00
381.00
FREIGHT:
S501EACH WAY
t
MONTHLY:
1,400.00
1750.00
3,500.00
WEEKLY:
475.00
•685.00
1,167.00
DAILY:
165.00
195.00
389.00
FREIGHT:
S501EACH WAY
MONTHLY:
3,100.00
3,600.00
.00
4~
2,950.00
WEEKLY:
1,050.00
1,200.00
1,50.00
983.00
DAILY;
375.00
400.00
391.00
328.00
FREIGHT:
NO FREIGHT CHARGE
MONTHLY: 2,900.00
3,500.00
4,=.00
2,750.00
975.00
WEEKLY:
1,170.00
1,500.00
917.00
DAILY: 360.00
390.00
391.00
306.00
FREIGHT:
N1C
MONTHLY:
10,200.00
WEEKLY:
3,400.00
DAILY:
1,200.00
FREIGHT:
. r
. r
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i
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1
THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
TAL
0
0
0
y
ME
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0
"
0
0
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0
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0
0
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0
0
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THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
i
i
I
TYPE OF EQUIPMENT
R. B. EVERETT & CO,
MUSTANG RENTAL
RENTAL SERVICE CORP
UDELSON EQUIPMENT
th NA I Lb.
n n n 4J i . V':r
LOWBOY:$3851EACH WAY
EXCAVATOR: $5501EACH WAY
TRIP MILE
t
ROUND TRIP MILE
t
3-5
1-3
2 DAYS
3 DAYS
I
,c
RATE WILL BE CHARGED
BASED ON 8 HR DAY/
40 HR WEEK
DIVIDING 178/MON RATE
AFTER 1ST MON-PRORATE 2ND ON 30
iH$
OF MON. 4DAY:BHRS,WK 40 HRS.
MON:30 DAYS OR 178 HRS
MNIMU t
iuT
I DAY
NOT PROVIDED
NU I PROMM
IF CALLED ON DAY OF RAIN-VVILL CCRED
ED
NOT PROVIDED
NOT PROVIDED
TRAN9Mn-r7MM I E:
-FOB-HousmN YAKU
BRYAN
NOT PROVIDED
NOT PROVIDED
s
1 .
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IA CUSTOMER WILL BE BILLED 5 . ~
V`
FOR ANY REFUEUN(3 REQUIRED
WHEN UNIT RETURNED f
RECOMMENDATION. PRIMARY: UDELSON EQUIPMENT: 1, 2,4,5,8,1,813,14 - , = • ; I,
Jur
. MUSTANG RENTAL 9,10,12,,17.18,19,20,21 ,
SECONDARY: UDELSO
N EQUIPMENT. 17 it'
MUSTANG RENTAL: 1,2,4,5,818
RENTAL SERVICE CORP: 3,11,21
AWARD DATE:
•
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THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
0
0
1 #3oa
BID 0 99-M, RECOMMENDATIONS x
HDO
PRIMARY SECONDARY
ALUMINUM
PRIMARY SECONDARY
HDO
PRIMARY SECONDARY
ALUMINUM
PRIMARY SECONDARY
PRIMARY SECONDARV
1
Custom Products
Custom Products
52
Roal altom Products
Racal custom Podcts
9B
Custom Rub
2
Custom Product
Custom Rod at
53
Rocal 0sbm Products
Racal Qrsbm Products
99
Custom Produtt
3
Custom Products
Custom Product
54
Custom Products
custom Product
100
Custom Rodut
4
Custom Products
Custom Roducts
55
Custom Products
Custom Products
101
Custom Products
5
Custom Products
Custom Products
56
Custom Products
Custom Produt
102
Roadrww
6
Custom Products
Custom Product
57
Custom Products
Custom Products
103
Roadrunw
7
Custom Products
Custom Products
66
Custom Products
Custom Product
104
Raadrww
8
Custom Products
custom Productt
59
Custom Products
Custom Products
105
Roadrww
9
Custom Products
Custom Productt
60
Custom Products
Custom Products
106
Raadrurrw
10
Custom Products
Custom Products
61
Real
Custom Pm& tt
107
Custom Produt
11
Custom Product
Custom Products
62
Rocal
Custom Products
108
Custom Products
12
Cabm Products
Custom Product
63
Roar
Custom Products
109
Custom Products
13
Custom Product
Custom Products
64
Custom Products
Custom Products
110
Custom Produeb
14
Custom Pmo
Custom Produt
65
Custom Product
Custom Product
111
Raadrww
15
Custom Products;
Custom Products
66
Odom Products
Custom Produis
112
Custom Produts
16
Custom Products
Custom Product
67
Custom Products
Custom Products
113
Roca)
17
Custom Products
Custom Rudutt
68
Custom Products
Custom Produt
114
Racal
18
Custom Products
Custom Products
69
Custom Produb
Custom Product
116
Racal
19
Custom Products
Custom PmdLtt
70
Racal artam Products
Custom Roduds
116
Racal
20
Custom Products
Custom Product
71
custom Product
Custom Products
117
wl Slpr>t OA M Products
21
Custom Prodcts
Custom Product
72
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BID TABULATION 99-009
ROAD SIGNS AND SIGN POSTS
1998199 CONTRACT
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SIZE
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ALUM.
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N.D 0.
AM
Speed white w ert
2
10
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3
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4
20
30 MPH Speed LkM • Wnrte wMad~ keen
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6
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7
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24 X 30
82.145
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8
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24 X 30
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9
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55 MPH Speed lm0 • While wblad k ters
24 X 30
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10
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15 MPH Speed Advisory - Yellow wkladr kegs
18 X 18
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16 X 10
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12
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18 X 16
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13
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16 z 18
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14
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25 MPH Speed Advisory . Yellow wlbbdr keers
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15
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16
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17
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18 X I8
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16
20
35 MPH Speed Advisory • Yellowwbbdt been
11 X 18
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NIB
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19
35 MPH Speed AdOM- Orange wNid been
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20
20
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18 X 18
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21
40 MPH Speed Advisory • Ormp whack been
18 X 18
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22
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to X 11
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23
10
50 MPH Speed Admay - Yellow wf bbck keen
18 X le
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NB
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24
10
55 MPH Speed Advisory • Yellow wlOlad been
16 X Is
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NB
NIB
xe
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25
20
STOP • Red wMMe kllersaW Gr
30X30
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Nib
NIB
Nf B
NB
26
20
STOP . Red wl white keen • Old Or
3O X 30
Rt•1
NB
NB
NB
27
20
YIELD-Red whAb beers
30 X 30
RI-2
NAB
NIB
NID
1V8
28
20
STOP AHEAD • Yellow wlblack beers
30X30
W3.1
lYB
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NB
NB
29
40
DEAD END - Yellow wkbdt been
30 X 30
W14.1
NIB
WB
NB
NIB
30
20
NOOUTLET -Yellow wlbbck bade
3O X30
WI4.2
NB
WB
N97
NB
31
20
900 Left Curve • Yellow wmack keen
3O X 30
WML
NAB
NIB
NIB
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32
20
90- Right Cuero • Ydbw Wbladr been
3O X 30
WI-1R
NB
PUB
NB
NB
33
45
45- Left Curve - Yellow wralad kegs
30 X 30
W11-2L
NIB
NAB
1Y8
34
45
4S- Right Curve • Yellow w/black been
30 X 30
W1-2R
NB
NIB
NIB
NB
35
20
90- Left Reverse Cure • Ydow wlbbdr been
30 X 30
W1-3L
NAB
NB
HIB
NB
36
20
90- Right Reverse Carve •Yellow wNedr been
30 X30
WI311
NB
NIB
x8
1+78
37
20
45- Left Reverse Cure • Yellow wklack keers
30 X 30
W14L
1V8
NtB;
NB
w
NB
38
20
456 Right Reverse Cave •Ydow wkladc been
30 X30
W14R
IVB
NB
lY8
39
20
Left Windieg Road • Yellow wfbladt ktbn
30 X 30
WI-K
NAB
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WB
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40
20
RghtVYerding Road •Yellow wlbledrbean
30X30
W1-5R
NB
NIB
NB
NIB
NIB
41
10
909 Side Road Symbd - Yekw wfdad been
3O X 30
W2-2
NB
NB
NB
42
10
CONSTRUCTION SLOW •Oranpewlbladrkeen
30X30
CW41.2
NB
NAB
NB
43
10
BRIDGE OUT • Yellow wklad keen
30 X 30
W42-3
NIB
NIB
1Y8
JY/E
44
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ONE LANE BRIDGE •Yellow wlbbdr Well
3o X 30
W53
NIB
NB
NB
45
S
LOAD ZONED BRIDGE • Yellow wbKkkm
30 X 30
W12-5
NAB
NIB
N1B
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46
20
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30 X 30
w24
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53
54
55
56
57
61
62
63
64
65
66
67
68
69
70
71
72
74
75
7s
77
81
82
83
84
85
66
67
68
LxS: L~n~e Dent
)TY. DESCRIPTION
SIZE
SIGN I
B D 0.
ALUM
H.y 0
ALUM
N D 0.
ALUM
10 Y • Road Symbol Left • Yellow whack letters
30 X 30
W2.5
NB
N
NIB
N
NB
N
10 Y • Road Symbol Right • Yellow wlblad letters
30 X 30
W2.5
NIB
N
NIB
N
NB
N
10 Y • Road Symbol Left • Yellow wl black letters
30 X 30
W231.
NB
N
NB
N
NB
N
10 Y • Road Symbol Right • Yellow wl black letters
30 X 30
W2-3R
NB
N
NB
NB
NB
N
One way arrow • left
96 x 48
W1•91.
N/B
N/B
NB
N
NB
N
One way arrow • right
96 x 48
W1.911
NB
N
NB
N
NB
N
Two way arrow
96 X 48
W1•10
NB
N
NIB
NB
NB
N
10 Large Arrow • Yellow wlblack letters
48 X 24
W1•6
NB
N
NB
N
NB
N
10 Large Double Arrow • Yellow wlblack letters
48 X 24
WI-7
N/B
N
NB
N/B
N/B
N
100 Chevron • Yellow wlblack letters
24 X 18
WI-8
NB
N/B
NB
N
NB
N
20 MOWERS AHEAD • Orange wlblack letters
30 X 30
CW21.9
NIB
NB
N/B
N
NB
N
10 MEN WORKING • Orange wlblack letters
30 X 30
MCW21.1
NB
N
NB
NB
NB
N
10 COUNTY MAINTENANCE ENDS • White wlblack letters
24 X 15
D27
lYB
N/B
NB
N
NB
N
10 COUNTY MAINTENANCE BEGINS-White wlblack letters
24 X 15
D28
NB
N/B
NB
NB
NB
N
10 Flood Gauge • White wblack letters
18 X 12
D26
NB
N
NB
N/B
NB
N
40 OW Markers Left • YE"aw wlblack stripes
12 X 36
OM31.
NB
NIB
NB
NB
NB
N
40 Obfect Markers Right • Yellow wlblac k stripes
12X36
OM3R
lY/B
N/B
NB
N
NB
N
5 DETOUR Left • Orange wlblack letters
30 X 24
M4.91.
NB
N
NIB
NB
N/B
N
5 DETOUR Right • Orange wlblack letters
30 X 24
M4-9R
NB
NB
NB
NIB
NB
N
20 NO DUMPING • White wlblack letters
18 x 24
R10.11
NB
N/B
NB
N
NB
N
10 PAVEMENT ENDS • Yellow wfblack letters
30 X 30
W63
NB
N
NIB
N
N/B
N
W FLAGMAN AHEAD • Orange WNW* letters
36 X 36
MCW20.71)
NB
N
NIB
N
NB
N
10 OBSERVE WARNING SIGNS • Orange wlblack letters
48 X 42
R20-3
NB
N
NB
NB
NB
N
10 END CONSTRUCTION • Orange wlblack letters
60 X 24 (
G20.2
NB
N
NIB
NB
NB
N
10 BE PREPARED TO STOP • Orange wlblack letters
3o X 30
CW21-8
NB
N
NIB
N
NB
N
10 ROAD CONSTRUCTION NEXT MILES
6o X 36
G20.1
NB
NB
NIB
NB
NB
N
Orange wlblack letters
20 WEIGHT LIMIT GROSS 30,000 WEIGHT LIMIT
24 x 36
R12-IT
NB
N/B
NB
NB
NB
N
White wlblack letters
20 WEIGHT LIMIT GROSS 58.420 WEIGHT LIMIT
24 X 36
R12-IT
NB
N
NIB
N
NB
N
White wblack letters
20 NO THRU TRUCKS OVER 30,000 LBS
24 X 36
R123
NB
N
N/B
NB
NB
N
le w letters
20 R AD l SED • CULVERT OUT • Orange wblad letters
36 X 36
MCW20-CO
1VB
N
NIB
NB
NIB
N
20 R QA EL ED•Whrtewlblackletters
68
8
30X48
RI 1-2
NB
NB
NB
N
NB
N
ED TOTNRU TRAFFIC WhhewfoladkEen
L
20 R
30X60
R114
NlB
N/B
NIB
NB
N/B
N
20 ROAD CONSTRUCTION AHEAD • Orange wMad letters
48 x 48
CW20•ID
NB
NB
NB
N
NIB
R
10 DIP • Yellow wlblack letters
30 X 30
DIP
NB
N
NB
N
NB
N
10 CAUTION • UNEVEN LANES • Orange wlblack letters
36 X 36
CW21.14
NB
N
NB
NB
NB
R
10 Round RAIL-ROAD CROSSING • Yellow wbtack letters
36'
W104
NB
NIB
NB
NB
NB
N
10 RAIL-ROAD Advance Waming • Yellow wblack letters
30 X 30
W10.2
MT
N
NB
N
NB
N,
10 RAILROAD Advance Waming • Yellow wblack letters
30 X 30
W103
NB
NB
h%B
N
NB
Ni
10 RAIL-ROAD Advance Warning • Yellow wblack letters
30 X 30
W104
NB
N
NB
NB
NB
N1
20 FRESH OIL • Orange wlblack letters
30 X 30
CW21.2
NB
NB
NB
N
NIB
N)
10 ROAD MACHINERY AHEAD • Orange wlblack letters
36 X 36
CW21.3
N/B
N
NIB
NB
NB
20 CAUTION • FLOOD PRONE AREA AHEAD-Yellow wl
30 X 30
Speaai•CFPA
NB
NB
NB
NIB
X/21
N!
black letters • Similar to WB-14
20 WATER OVER ROAD • Yellow wlbtack letters
30 X 30
Speaal.WOR
NB
N
NB
NB
NB
Diamond drop4own sign that hinges horizontally with
reflective material both sides of potion that drops down
1 %
s
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THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
trrus Va=
THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
f
0
0
ALUM.
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
NB
°1" 1-4 ~ 6Hd~J P" ~ 9w_ dQ A s1 ~~r~r
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THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
BID TABULATION 99-010
RENTAL OF EQUIPMENT WITH OPERATOR
I
I
e
30
E
.ATKINSON
CLN
DESCRIPTION
DOZER
ENTERPRISES
TEKCON
CRAWLER TYPE TRACTOR MIN 140 HP
PER HOUR
S 60.00 $ 70.00
S 70.00
$50•D-W =70-D-7G
MAKE &MODEL
CAT 06 CAT 07
D7 CATERPILLAR
5006H :60.0-TH
CRAWLER TYPE TRACTOR MIN 64 HP
PER HOUR
$ 50.00
S 40.00
$40 S 45.00
MAKE a MODEL
CAT D4 CASE 550
JD 550
D-4C 04H
CRAWLER-TYPE LOADER:-MIN 80 HP. 1412 YD BUCKET
PER HOUR
$ 60.00
$ 50.00
$ 40.00
MAKE & MODEL
CAT 953
CAT 953
953 CAT
WHEELED-TYPE LOADER MIN 80 HP.1-112 YD BUCKET
PER HOUR
$ 50.00
S 40.OD
$35.930 $70-950
MAKE & MODEL
CAT 928 CAT 936
CAT 930
$454T24
SCRAPER, MIN 13 CUBIC YARDS
PER HOUR
$ 60.00
S 70.00
$50 S 70.00
MAKE & MODEL
CAT 615
CASE TRACTOR W►
613 615
REYNOLDS 15 CY SCRAPER
WATER TRUCK
PER HOUR
$ 30.00
$ 25.00
$ 27.00
MAKE & MODEL
MACK OR FORD
INTERNATIONAL
SEVERAL MODELS
c•
MOTOR GRADER MIN 135 HP
PER HOUR
$ 60.00
S 40.00
$ 40.00 S 50.00
MAKE a MODEL
CAT 12G OR 140H
CHAMPION 720 A
12G 140
COMPACTOR ROLLER-PADFOOT; MAN 106 HP. 84• DRUM
PER HOUR
NO BID
S 42.00
$ 42.00
MAKE 6 MODEL
RAYGO 420
SEVERAL MODELS
COMPACTOR ROLLER-SMOOTH WHEEL; MIN 106 HP
PER HOUR
$ 48.00
= 42.00
S 42.00
MAKE & MODEL
VARIOUS
VARIOUS
SEVERAL MODELS
v() IVA ~PAQ
f C i ~ l
C
r ,
f
i
i
•
•
ATKINSON
CLH
DESCRIPTION
DOZER
ENTERPRISES
TEXCON
COMPACTOR ROLLER-PNEUMATIC TIRE, MIN 12 TON
PER HOUR
$ 4000
S 3000
S 30.00
MAKE R MODEL
INGRAM
BOMAG BW11R
SEVERAL MODELS
BACKHOE; MIN 65 HP
PER HOUR
S 45.00
i 30.00
i 30.00
MAKE 6 MODEL
CAT 416
CASE 580K
SEVERAL MODELS
EXCAVATOR-TRACKHOE, MIN 250 HP
PER HOUR
i 60.00
$ 6500
$65-590 J.D.
MAKE b MODEL
CAT 320 KOBELCO
DAEWOO 220
$70.320 CAT
$95300 KOMATSU
PULVER MIXER-SELF-PROPELLED
PER HOUR
$ 100.00
$ 95.00
S 9500
MAKE 8 MODEL
RAYGO
BROCE
250 CAT
MECHANICAL BROOM-SELF-PROPELLED
PER HOUR
$ 25 00
$ 25.00
$ 25.00
MAKE & MODEL
VARIOUS
BROCE RJ 300
BROCE
DUMP TRUCK-15 CUBIC YARD
PER HOUR
$ 45.00
$ 33.00
S 4000
MAKE & MODEL
KENWORTH OR MACK
MACK
SEVERAL MODELS
DUMP TRUCK-22 CUBIC YARD
PER HOUR
S 55.00
S 42.00
S 55.00
MAKE 6 MODEL
KENWORTH PETE
MACK
SEVERAL MODELS
FLAGMAN ANDIOR LABORERS
PER HOUR
S 12.00
S 12.00
i 11.75
DELIVERY CHARGES PER LOADED MILE
NIC
NIC
N1C
DELIVERY MADE WITHIN CONSECUTIVE
3
3
2
CALENDAR DAYS
RECOMMENDATION: PRIMARY: TEXCON
kSECONDARY: CLH ENTERPRISES
AWARD DATE:
t~ 1
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10
11
12
13
14
15
16
17
16
19
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