HomeMy WebLinkAbout1998-12-22-0900AM-RegularM
ILED
E
98 DEC Is AM 9: 01
CLERK
,4
0 'Sr~u E
BRAZOS COUNTY
BRYAN. TEXAS 058411 Y0A uvCy
AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
DECEMBER 22,1998 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 Sims.
2. Pledge of Allegiance - Commissioner Sims.
•
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 - 27:
4. Budget Amendment 98/99-6.
5. Personnel Change of Status.
6. Payment of Claims.
7. An Order approving Tax Increment Contribution to Reinvestment Zone No. 8, City of
Bryan, Texas.
8. Appointment of a County Court at Law judge to serve on the Brazos County Bail Bond
Board.
9. Appointment of an individual to represent the Commissioners Court on the Brazos County
Bail Bond Board.
10. Amendment No. 2 to contract with Esmond Engineering, Inc. for, services performed at
former County Shop Complex.
11. Approval of the Annual County Payroll Disbursement for Fiscal Year 1998-1999 and
waiver of Commissioners Court right to approve the payroll and related benefit
distribution each pay period.
12. Hold Harmless Agreement with Great American Life Insurance Company.
13. Agreement with Security Benefit Group, Inc. regarding Section 457 Deferred
Compensation Plan.
14. Request by County Treasurer to utilize County Record Management Funds (not to exceed
$1,000.00) for the purpose of records destruction.
V( )L PAu& 491 -
Commissioners Court Mating Agenda
December 22, 1998
Page Two
15. Amendment Number Five to the Brazos County Employee Benefits Plan incorporating
compliance with the Omnibus Appropriations Bill.
16. Addendum to Administrative Services Agreement with Employee Benefit Services.
17. Request by Justice of the Peace, Precinct 6, to change a part-time position to a full-time
Clerk I Position.
18. Purchase of additional 150 Direct-Inward-Dialing lines (numbers) from GTE for the
Courthouse telephone system.
19. Subscriber Agreement for Westlaw & CD-Rom Libraries for the five courts, District
Attorney and County Attorney.
20. Order for CD-Rom Library Products from West Group.
21. Approval to advertise the following bids for the Road & Bridge Department:
a. Bid No. 99-035 - Decking Timber - Annual Contract
b. Bid No. 99-036 - Bridge Pilings - Annual Contract
c. Bid No. 99-037 - Bridge Repair - Annual Contract
d. Bid No. 99-038 - Gasoline & Diesel Fuel
22. Award the following bids and requisitions for the Road & Bridge Department:
a. Bid No. 99-013 - Fencing Supplies - Annual Contract, 3.2
b. Bid No. 99-018 - Haul Truck
c. Bid No. 99-020 - Track Loader
d. Bid No. 99-021 - 14 Yard Dump Truck
e. Bid No. 99-022 - Two 7 Yard Dump Truck
f. Bid No. 99-025 - One Haul Trailer
23. Requisitions from Capital Projects Fund:
a. Motorolla Mobile Radio, Antenna and installation, for Road & Bridge Department
b. Pitney Bowes Mailing System
24. Requisition from District Attorney Crime Fund for bicycles and equipment for the Bike
Patrol.
25. Requisition from Capital Projects Fund - Printer Replacement for a network printer for
the District Attorney's Office.
26. Approval of Blanket Purchase Orders.
27. The Final Plat of Lots One and Two, Block One, Cedar Ridge Subdivision, 2.58 acre tract,
Joseph D. Allcorn Survey. Site is located in Precinct 2.
28. Acknowledge receipt of monthly reports from elected officials and department heads.
29. Announcement of interest items and possible future agenda topics.
30. Call for citizen input and/or concerns.
31. Adjourn.
• 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.
VQL PAU ft".H-9~
n
1
~J
•
0
COMMISSIONERS' COURT
REGULAR MEETING
DECEMBER 22, 1998
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, December 22, 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 Sims gave the invocation and led the pledge
of allegiance."
Under citizen input and/or concerns, Dan Bates informed
the Court that the town of Millican will have a celebration
July 17, 1999 to commemorate the land grant anniversary and
asked the Court to take the money the County was saving from
the realignment of Justice Precincts and use it for the
Sheriff's department.
The Court next considered Budget Amendment #98/99-06.1
through 06.3, which would set up a budget for a grant,
increase funds budgeted for Capital Improvements Fund, and
reallocate funds for Building Maintenance. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to approve the budget amendment as
submitted, a copy of which is attached hereto.
00
Commissioners Court meeting December 22, 1998
2
The Court proceeded to consider the change of status of
the following employees.
NAME
Guzman, Regina A
O'Riley, Kelly L
Chavez, Maria
Sanchez, Carlos L
Dobrovolny, H M
Hancock, Trudy R
Harris, Kimberly
Hernandez, Melissa
Signor, Mollie C
Bramblett, V E
Hernandez, Salomon
Young, Shane C
Rinehart, Charles
District Attorney
District Clerk
DC Collections
DC Collections
JP Pct 5
JP Pct 5
JP Pct 5
Juvenile Serv.
S/O Jail
S/O Jail
S/O Jail
S/O Jail
S/O Jail
REASON
Resignation
Resignation
Resignation
New Employee
Expired Term
Resignation
Promotion
New Employee
Resignation
New Employee
Inner Dept Tran
Inner Dept Tran
New Employee
Commissioner Cauley moved to approve the changes.
Commissioner Sims.seconded the motion. Commissioner Sims then
voiced concern over the change of Status of Ms. Kimberly
Harris, from the office of Justice of the Peace Precinct 5.
He visited with the new Justice of the Peace, Precinct 5 who
is coming into office in January and Mr. Quintero stated that
he would like to keep the person but did not want to increase
the salary just yet. Commissioner Sims and Cauley then
withdrew their motion and second. On motion by Commissioner
Cauley, seconded by- Commissioner Sims, the Court voted
unanimously to approve the changes with the exception of
Kimberly Harris in Justice of the Peace Precinct 5.
Commissioner Jones then question the change of status of
Salomon Hernandez. On motion by Commissioner Cauley, seconded
by Commissioner Sims, the Court voted unanimously to approve
the change of status of Salomon Hernandez.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
99-002427 through 99-002602
On motion by the County Judge, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Claims as
i
4 submitted.
The next matter before the Court was an Order approving
a Tax Increment Contribution to Reinvestment Zone No. 8, City
of Bryan, Texas. Tom Coyle of the City of Bryan made the
r VU16
Commissioners Court meeting December 22, 1998 3
E
•
•
presentation of the proposal. Demetrios Basdekas asked
questions concerning the building. On motion by Commissioner
Sims, seconded by Commissioner Jones, the Court voted
unanimously to participate in the Reinvestment Zone to the
extent of one hundred percent (100%) of its tax increment,
less that portion of the ad valorem taxes pledged by the
County to debt service as described in the Interlocal
Agreement subject to participation by the Bryan Independent
School District.
The next matter before the Court was the appointment of
a County Court at Law judge to serve on the Brazos County Bail
Bond Board. On motion by the County Judge, seconded by
Commissioner Cauley, the Court voted unanimously to table
consideration until a later date.
The next matter before the Court was the appointment of
an individual to represent the Commissioners Court on the
Brazos County Bail Bond Board. On motion by Commissioner
representative of the Court on the Bail Bond Board.
Jones, seconded by Commissioner Cauley, the Court voted
unanimously to appoint Commissioner Thornton to be the
The Court next considered Amendment No. 2 to the contract
with Esmond Engineering, Inc. for services performed at the
former County Shop complex. The amendment covers additional
services required by the TNRCC for final closure of the
property on Martin Luther King and Waco Street in Bryan,
Texas. Cost of the additional services are not to exceed the
sum of $3,1000.00. On motion by Commissioner Cauley, seconded
by Commissioner Jones, the Court voted unanimously to approve
Amendment No. 2 to the Esmond Engineering, Inc. contract. A
copy of Amendment No. 2 is attached hereto.
On motion by Commissioner Cauley, seconded by
Commissioner Thornton, the Court voted unanimously to approve
the distribution of approved salary and payment of related
benefits not to exceed $19,571,579.00 for the fiscal year
Commissioners Court meeting December 22, 1998 4
ending September 30, 1999, over twenty-six bi-weekly pay
cycles.
The Court next considered a Hold Harmless Agreement with
Great American Life Insurance Company. This agreement
confirms that the annuity contracts'or custodial accounts and
services provided shall comply with the provisions of IRC
Section 457, including subsection 457(g) thereof, and the
related rules and regulations. On motion by Commissioner
Sims, seconded by Commissioner Jones, the Court voted
unanimously to approve the Hold Harmless Agreement with Great
American Life Insurance Company. A copy of the Agreement is
attached hereto.
The Court next considered entering into Agreement with
Security Benefit Group, Inc. for the administration of the
Section 457 Deferred Compensation Plan. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to enter into agreement with Security
Benefit Group, Inc. for the administration of the Deferred
Compensation Plan. A copy, of the Agreement to is attached
hereto.
The Court next considered a request from the Treasurer's
office asking for authorization to use funds set aside in the
County's Record Management budget for the disposal of 300
boxes of records. On motion by Commissioner Cauley, seconded
by Commissioner Sims, the Court voted unanimously to
authorizing the use of funds not to exceed $1,000 for the
disposal of 300 boxes of records.
The next matter before the Court was Amendment No. 5 to
the Brazos County Employee Benefits Plan incorporating
compliance with the omnibus Appropriations Bill. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to approve Amendment No. 5 to the Brazos
County Employee Benefits Plan. A copy of the Amendment is
attached hereto.
i
Y
I
i 1 ~ ~.....i4~.~Lnar..~._~.. .k+w+w.~..~.+L ~.u.~..J uArr_.a..~JY.r.LML.I. 4 • •..~.LI.frJL ~l+~ a.~Y~.]n+urw..ri.rui - - ~.i ~ _ _ ,
•
•
•
Commissioners Court meeting December 22, 1998 5
The Court next considered and Addendum to, the
Administrative Services Agreement with Employee Benefit
Services. The addendum reflects all payment schedules and the
change/addition is the Excess Loss Underwriter that has been
revised to reflect Southland Life (MGU-ING Medical Risk
Solutions). Commissioner Cauley moved to approve the
Amendment. Commissioner Sims seconded the motion. After some
discussion, Commissioners Cauley and Sims withdrew their
motion and second. Then on motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court voted unanimously
to table consideration pending. receipt of additional
information.
The Court next considered a request from Justice of the
Peace, Precinct 6 to reclassify a part time Clerk I position
to a full time Clerk I position. Judge Boyett cited a
dramatic increase in case load over the past eleven months as
the reason for the request. On motion by the County Judge,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the reclassification of a part time Clerk I
position to a full time Clerk I position in the office of
Justice of the Peace, Precinct 6.
The Court next considered the purchase of an additional
150 Direct-Inward-Dialing lines (numbers) from GTE for the
Courthouse telephone system. On motion by Commissioner Jones,
seconded by Commissioner Cauley, the Court voted unanimously
to purchase the additional lines, numbers 361-4500 through
361-4599 and 361-4650 through 361-4699.
The next matter before the Court was a Subscriber
Agreement for Westlaw & CD-Rom Libraries for the five courts,
District Attorney and County Attorney. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to enter into the Subscriber Agreement for
Westlaw and CD-Rom Libraries. A copy of the Agreement is
attached hereto.
VO
Commissioners Court meeting December 22, 1998 6
The Court next considered approval of an order for CD-Rom
Library products from West Group. on motion by Commissioner
Cauley, seconded by Commissioner Sims, the Court voted
unanimously to approve the order to West Group in the amount
of $4,461.00.
The next matter for consideration was approval for the
Purchasing Agent to advertise for the following bids:
a) Bid No. 99-035 - Decking Timber, Annual
Contract
b) Bid No. 99-036 - Bridge Pilings, Annual
Contract
c) Bid No. 99-037 - Bridge Repair, Annual
Contract
d) Bid No. 99-038 - Gasoline & Diesel Fuel
on motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to authorize the Purchasing
Agent to advertise for bids the previously noted bids.
The Court next considered awarding the following bids and
requisitions for the Road & Bridge Department:
Bid No. 99-035 - Decking Timber, Annual Contract
John Hachmann, Purchasing Agent,
explained that due to the vendor's
typographical error, the vendor will not
honor the price on 7 feet Tee posts.
Therefore he recommends awarding ##3.2, 7
feet Tee Posts to Producers Cooperative.
Bid No. 99-018 - Haul Truck
John Hachmann, Purchasing Agent,
recommended acceptance of the bid
submitted by Hogan's Trucks. A copy of
the Bid Tabulation is attached hereto.
Bid No. 99-020 - Track Loader
John Hachmann, Purchasing Agent,
recommended acceptance of the bid
submitted by Mustang Tractor. A copy of
the Bid Tabulation is attached hereto.
Bid No. 99-021 - 14 Yard Dump Truck
John Hachmann, Purchasing Agent,
recommended acceptance of the bid
submitted by Hogan's Trucks. A copy of
the Bid Tabulation is attached hereto.
Bid No. 99-022 - Two 7 Yard Dump Trucks
John Hachmann, Purchasing Agent,
recommended acceptance of the bid
submitted by Hogan's Trucks. A copy of
the Bid Tabulation is attached hereto.
vol"If'PA.m. 4ffg
' h
...~~ona.,ew:,.:..~,a.,.~...r.,.ter..,-..........A.,......-..- .d r
Commissioners Court meeting December 22, 1998 7
U-.~
•
•
Bid No. 99-023 One Haul Trailer
John Hachmann, Purchasing Agent,
recommended acceptance of the bid
submitted by Hogan's Trucks. A copy of
the Bid Tabulation is attached hereto.
On motion by Commissioner Sims, seconded by Commissioner
Jones, the Court voted unanimously to accept the
recommendations of the Purchasing Agent and award the
contracts accordingly and to approve the requisitions for
payment.
The Court next considered approval of requisitions from
the Capital Projects Fund for the following purchases:
a) Motorolla Mobile Radio, Antenna and
installation for Road & Bridge Department
$442.50
b) Pitney Bowes Mailing System $17,212.70
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the
requisitions to be paid from the Capital Projects Fund.
The Court next considered approval of requisitions from
the District Attorney Crime Fund for the following purchase:
a) Bicycles and equipment for Bike Patrol
$2,562.00
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the requisition
to be paid from the District Attorney Crime Fund.
The Court next considered approval of a requisition from
the Capital Projects Fund for the following purchase:
a) Printer Replacement for a network printer
for District Attorney's office $1,481.95
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the requisitions
to be paid from the Capital Projects Fund.
erg ~S 4g9~
I
Commissioners Court meeting December-22, 1998
8
The Court proceeded' to consider the following blanket
Purchase Orders:
Bruchez & Goss
Manpower
Office Express
Cain's Coffee
Lilly Dairy
ButterKrust
Ben E. Keith
US Food Service
Performance
Alliant Food
Sysco Food Serv
Scarmardo Produce
Performance Food
Acme Soap Company
Bruchez & Goss
Pharamerica
Commissioners Court
$10,000
Treasurer
$
3,200
District Clerk
$
1,500
Jail
$
500
Jail
$
2,300
Jail
$
1,300
Jail
$
2,300
Jail
$
2,000
Jail
$
3,025
Jail
$
7,625
Jail
$
6,750
Jail
$
4,000
Jail
$
715
Jail
$
500
Jail
$
2,500
Jail
$
1,000
On motion by Commissioner Cauley, seconded by commissioner
Sims, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The Court next considered approval of the Final Plat of
Lots One and Two Cedar Ridge Subdivision in Precinct 2.
Richard Vance, County Engineer, stated that he had reviewed
the plat and all appeared to be in order. On motion by
Commissioner Thornton, seconded by Commissioner Jones, the
Court voted unanimously to approved the final plat of Lots One
and Two Cedar Ridge Subdivision.
The Court acknowledged receipt of the Extension Service
reports for November 1998 and acknowledged receipt of reports
from the following County and Precinct Offices showing
revenues collected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Justice of the Peace Precinct 5
Justice of the Peace Precinct 6
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Constable Precinct 5
Constable Precinct 6
Brazos County Events Facilities
County Attorney
Road & Bridge
Tax Assessor/Collector
A copy of the Officials' reports can be viewed in the County
Auditor's office.
VO 15AUR 4qo
•
•
0
Commissioners Court meeting December 22, 1998 9
The County Judge made the following announcement of
interest items and possible future agenda topics:
1) There will be a public hearing on this
date beginning at 10:30 a.m..
2) There will be a Workshop on January 5,
1999 to discuss telecommunications.
3) There will be a Commissioners Court
meeting on December 30, 1998 at 5:00
p.m..
4) He received a form for accounting for
Indigent Health Care Tobacco money.
5) He commended the Road & Bridge Department
for this years accomplishments.
6) The swearing in ceremony for elected
officials will be on January 1, 1999, at
10:30 a.m. in the 85th District
Courtroom.
7) There will be a reception in the Commons
Area after the ceremony.
8) The National Association of Counties has
forwarded a Y2K tool kit to be shared
with the Computer Network Services
department.
9) He reminded all of Jane Moore's
retirement reception. '
10) He wished all employees a great Christmas
and a prosperous new year.
There was no citizen input and/or concerns.
There being no further business to come before the Court,
the meeting was adjourned.
memift-
I
i
10
The foregoing minutes of the commissioners Court meeting
held December 22, 1998 have been examined and are approved in
open Court this the day of 19,
in Bryan, Brazos County, Texas.
e~L--
Alvi W. ones
County Judge
Wm. S. Thornton
Commissioner,
Precinct No. 2
rey Ca e, Jr.
Commissi ner,
Precinct No. 4
T Jo e
Commi sinner,
Precinct No. A? T
Commissioner,
Precinct No. 3
Mary An Ward
County Clerk
•
•
1
BRAZOS COUNTY COMMISSIONERS/ MEETING ON D 2- 2 Jg~~ AT A.M.(
a Pad\a •a•an
Vl\Vill\L4lla aVP / VVCIa s'u\a / Naa a4L1\
J~ 1, /V
J
I
t
nn
24,11 f z e a s/ ca S S
.r Q Gvi
7~e ~
~ lCJ ~d M
~
i3~<S M EEO
1
~_L•
/
1
1
.~rIW~•....a~Ju..u~ - .2~Y.-._..~.•a•.~.a.uLL•.~.. .1.... .u.... ..a~r~.+r~a.u.✓..J ~..a
BRAZOS COUNTY COMMISSIONERS/ MEETING ON ZL • A A , I9 /e AT 0J A.~i.
DDTW'r WAV4 AD/`AVT7ATTAV / f-ASCDAw / ^TTTVVU
. . . ti
U
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1998-1999 BUDGET YEAR
NO. 98/99 06.1 through 06.3
On this the 22nd day of December 1998 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1;
Wm. S. Thornton, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Carey Cauley, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on December 22, 1998 the Court heard and
u
approved a budget amendment for the 1998-1999 budget year for
Brazos County, Texas.
WHEREAS, an expenditure is necessary due to the necessity to
meet unusual and unforeseen conditions which could not be
reasonably included in the original budget adopted September 1-,
1998 the following amendment(s) to the original are hereby
authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 22nd day of December 1998.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By; Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
0
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99-6.1
12/22/98
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrem
30 1111 612900 111199 Dr. EMS Providers 3,255.00
30 - 480721 111199 Cr. SB 102/EMS Grant 3,255.00
Brazos County Grants
Bureau of Emergency Management
Texas Department of Health
To set up the budget for the grant provided through TDH and SB 102/EMS which
was approved by the Commissioners Court November 3, 1998.
t
•
•
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99-6.2
12/22/98 !
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease F
45 630005 802860 Dr. Equipment Other 16,337.00
45 630005 809500 Cr. Expo Center(Contingency) 16,337.00
Capital Improvements Fund
To setup budget to fund a replacement Mailing System from the vendor Pitney Bowes which
is from the State of Texas Contract.
!
i
f
~f
S♦
1
..:..~.:a~.lw.:...c~.-.emu...-.-',t..~....,....:....a..
Ile
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99-6.3
12/22/98
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 170001 614600 Dr. Pagers 891.00
01 170001 650500 Cr. Building Maintenance 891.00
t
Building Maintenance Department
To reclassify budget r the attached request.
' r
I - "
•
ESMOND ENGINEERING, INC.
Environment & Infrastructure
CRYSTAL PARK PLAZA • 2700 EAST BYPASS • SUITE 4600 • COLLEGE STATION, TEXAS 77845
OFFICE (409) 764-7640 • WATS (800) 4447640 0 FAX (409) 69346729
C,
J
,~,o Qs
December 7, 1998 ~tcLl~
Richard Vance, P.E.
Brazos County Engineer
Road & Bridge Department
2617 Highway 21 West
Bryan, TX 77803
Fax: 775-0453 voice: 822-2127
Re: LPST No. 095283 - Former County Shop Complex
1302 Martin Luther King and 808 Waco Street, Bryan, Texas
Dear Mr. Vance:
Enclosed are 4 copies of Amendment No. 2 to our existing contract dated January 9, 1996. The
amendment covers the additional services required by the TNRCC for final closure of the above
referenced property. The site has been issued a closed status by the TNRCC pending closure of
the existing monitor well. Also enclosed is a preapproval request form for plugging the well
which will be submitted to the TNRCC. A portion of the closure costs will be eligible for
reimbursement.
If acceptable, please forward to Judge Alvin Jones for his signature. Upon receipt of the signed
amendment and original Preapproval Request Form, we will transmit the required documentation
to the TNRCC for preapproval. Closure activities will begin as soon as approved by the TNRCC.
Please call me if you have any questions.
Very truly yours, r
ESMOND ENGINEERING, INC. •'y~
if 45's
Carol L. Cotter, E.I.T. ti yy ag
Graduate Engineer ossl o
/clc P; Z f l,'q6 Q~
Enc. Q
cc:, Randy Sims, County Commissioner
PA%W1 0011V&we-Aoe*ew 2.vtpa
is
- - ~ .1._. a .~....f ~.L
q, w,.
.4,
THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
r
tt✓•-r" r
,Plan B, CAP, and Site Closure Cost Proposal LPST # o95n3 Facility ID MIA
•...nr►w Ohms cy-aft • • r•f►U1a•/"M I= mwm U~ Ono"- we" mrsoL a Tun
rant an" IN Common CHD
R It.$ Malcolm
•w f Memnon" sr Commas game "an
y
t••r
an
t
Rat 1 Ass1a~•al
Ilte • Aw•wre00Med00rO
bosoms*
is
woomw
b•rr•1> Ia+~
~O.a"awNttlealt•NI ~ •
w
btl+ratl~••1"•r.••"t •
Yaa•aas.larp.r•0"rs0 ~
w
Oe•~"rtanYe•
Crrasws>r
TOW
w
1r 00 al"aw • Le f4f Weaken Pill
r1rae
dW%Aw
w
Oa1s•!•oArfeell•t
11bindoww"16 .
w
arwREr. trtr>rn•.1tlr.
w
t.....
C•PwMP.rr trt..rr.Us. _
w
40001040
w
bY.•b owounaru.•.t • 00
at..s.r"Ir
w
y.+..1>tlwa
w
TOW
w
Sam Cb.
IL P" ..•l
`
b•11
YM y
ara.walm.
•
00
w
ti01.r~
2 •
Ir .
1100
rr•trwM1
1
0110 ~
f~•o
Cw.
rs•w".r
1 •
ISf1 ~
0300
"Aasso-C or do
w
r4 nal >i > Iraw
•
w •
is
t•>.•e~r1"11t,1~
•
w ~ •
M
Sawa 6&cmwmwpwomw
ww.s. votes
w
f1SO
0. Total Personal
11,010
0. Gets
.ft
as y
t
100600ol<1000krjl
1 •
$245 - •
$243
1amp1>1ws..tl
100 •
03.5
43SO
rM nO tl+tal
39 •
011 .
0300
rue Y et111•Ip tI Ie1f
f •
013 .
010
Old C: pea-
i~ •
.
10
trrrer.~sr•g01r"
w
0. Total Rif Gott
IN3
C. othor Con"
as"
y
Idw
oo"dWnr 1 .
0400
6100
a" OWE
_ .
w
ON
` •
w _
w
errrar.w.w•e.
khop"M
w
C. Total Clew
-7
14q
0. 1 raw
sra
eNr y
"an
r~ _ •
w ~
w
wilwral•
w
~~MN.I> MI W •
Mw ~
w
TMdtow •
w
w
an •
w
w
Ago" •
w
w
ibe7•tO•o•.a.• d •
w
0. Total Trawl
w
c Total Site Cleswe Pimp Con
A.•.C*Co 1l.~57
M',' M F. ora vk P.l. - ltlnow EnOMla ets Mt0. ► tigman 20.1010 2WI4~, a+r11 a..• ti••1• ao•+•+ i.r>M onr
dow? LTw r 0011S03aT21 r CAPMOO121 / norm
w..n NA Lola am W
M"I 1 F. Onww. EA ! Ean1t11A fiykwor-ft r14 / No, - lbar 20.190
am %W NWNL Pon@ Men
40wr 470.0 t ~001601a72f r RCAS00216 r OsoamOe► 211,190
o.mn Na awn y tws
1.•io.r/•ars•T1ats.l,r.a..somwo@Ono*so w..1.1•ftMu ~ ~errYommopo ows31tKtearUL&Alum•11,
@ownpo nbot .aru1onow 4moole••/iqia•110001•al•rar+.atown"Iftw.1>•.rsoon •.1. 100-0- ban
a." aUce.40 asv ..d Comm" A•r.0.sm. bNome .•.rq-••eim. • L•.."11/ h dimp, 0 WON e•.r.r tr an NUMN +•nu•1.r~.r 19rr
.0.1.4 r....•.. dMON, wo. el•w>.11."Once "r-mbooft . •...IAAr/•/1~rR`r~1
arm" Cour" r 616 ~ d...-W= Alr41 w. ,wnn , orwm Caufft _
om4o t11O14 pop aw... A*-Knu** l1•r•• a.nwl te..~r
~o 1 1.4102 4OW8234M r 12 - Zz -fig
r.•.n hn Own
iNCL~t1• IMi}C1 _
576
-•S`.1...- uturf.`8..- L'' 4a, 1`"'(;`_.:.• 4-5 '~:~~,.•_•in:`: ~fn'o:i
.1
ti
ly
1
0
0
AMENDMENT NO.2
TO
AGREEMENT BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
1. AGREEMENT & PROJECT DESCRIPTION
This is an Amendment to an existing Agreement dated January 9, 1996, between Brazos County,
300 East 26th Street, Bryan, Texas 77803 (OWNER), and Esmond Engineering, Inc. (ENGI-
NEER), 2700 East Bypass, Suite 4600, College Station, Texas 77845. OWNER intends the
ENGINEER to perform additional services not stipulated in the original Scope of Services..
Additional Services to be provided by the ENGINEER are outlined below.
2. SCOPE OF WORK
The ENGINEER agrees to perform the following tasks:
2.1 Plug existing monitor well as required by TNRCC.
2.2 Properly disposed of resulting waste.
2.3 Prepare Final Site Closure Report form (TNRCC-0030).
2.4 Prepare TNRCC preapproval request and reimbursement application for charges incurred
from site closure activities.
All proposed work will be performed under the direct supervision of a State certified Corrective
Action Project Manager.
a
3. COMPENSATION
3.1 ENGINEER's fees will be reimbursed according to the original Agreement.
3.2 ENGINEER will complete the Scope of Services defined above for a fee not to exceed the
sum of $ 3,100,00 .
4. SCHEDULE
The ENGINEER will proceed with the proposed work upon receipt of one executed copy of this
Agreement and complete all items of the proposed work within 45 days. Reimbursement
Application No. 3 will be completed as soon as all required documentation is available.
IN TESTIMONY WHEREOF, Brazos County has caused this instrument to be signed in its
corporate name, and the said ENGINEER, Esmond Engineering, Inc., thereby binding
themselves, their heirs, successors, assigns, and representatives for the faithful and full .perfor-
mance of the terms and provisions of this contract, individually, jointly and severally.
4-
. ~
~ ►r.
W01,
f
t
r.1!~ b11+ ~iwr~Si i'JIK~fti Y~C)NYC]r1.~i~l..I~+~iYf^.F4/.LJ%Ia'/~
yY.~y.hyy..rA.,.Jt.f'.4i l` Iti.,.ar.,lw•.`y.a~w
r
r
BRAZOS COUNTY, TEXAS
Approved:
Title: 13zA2os
Date:
ENGINEER
Esmond Engineering, Inc.
Steven E. Esmond, P.E.
President
Date: 12=• 7.9 $
Approved as to Content: Attest:
z9z zz-o-~ - jqdko-Rioei
Richard Vance, P.E. Edward R. McDow, Jr., P.E.
County Engineer Office Manager
-2-
f
c
-•r•' ~.~.Y_ • 9 _f. 'F~s.~-v~.h:i.,l. r ~Z .$~':~liiulr~cOr` S - , `
. f-•664 W.ir+_d .+~_i.1L__'~:1 L._.: -
E 0
0
0
0
ANNUAL PAYROLL DISBURSEMENT APPROVAL
AND
COMMISSIONERS' COURT WAIVER
The County Auditor's office hereby confirms that there are adequate funds budgeted and available to be
properly resourced in the amount of $19,571,579 to meet the payroll obligations of the County and
related benefit costs for the fiscal year ending September 30, 1999 as follows:
Elected Officials $ 1,206,276 s
Employee Salary 13,499,840
Social Security 1,119,556-
Retirement 1,571,471
Health Insurance 2,006,984
Worker's Compensation 121,555
Unemployment Insurance 45,897
Total $ 19,571,572
J T. Reynolds, Brazos County Auditor
/7- 1-e-7 APO
Date
The Commissioners' Court of Brazos County hereby approves the distribution of approved salary and
the payment of related benefits not to exceed S19.571.579 by the'County Treasurer for the fiscal year
ending September 30, 1999, over twenty-six bi-weekly pay cycles. Further, the Commissioners' Court
waives the right of the Court to approve the payroll and related benefit distribution each pay period
provided that the County Auditor confirms to the County Treasurer that adequate funds have been I
resourced to meet each payroll as it comes due. _
i
1
. • t
Alvin W. Jones, B os County Judge
Date
Mary AnnAVard, Brazos County Clerk
,LOS . a a ~49 57
Date
VOLL/ - 5wommYAG&
f
w • J• V1`ia+~.a4i: wlo ~ M. w. +rw+...ti.l.w.Kw.r fib..A.\La'-` 1r .~r..uxv ._~.........+1 - 1.
. - . _ . ~ - . n. Y a _..w_.-~..$t.th:~iej1.~~.w.Mtw~.+a1'.4 t'G~:'a:+~.. ~ - y.','~..LVrhr.S.iKalliV..a..Wi~''••d~ir.aWA=%
SERVICE PROVIDER AGREEN4ENT FOR
457(g) RETIREMENT PLANS
NAME OF GOVERNMENTAL ENTITY Brazos County Commissioners' Court
(The "Employer")
The Employer maintains a plan (the "Plan") intended to qualify under Internal Revenue Code ("IRC')
Section 457. The Employer certifies that it is an employer eligible to sponsor a plan under IRC Section
457, and that it is a governmental entity within the meaning of IRC Section 457(g). The Employer accepts
all liability for these determinations.
In consideration of being designated an approved service provider to the Plan, the Service Provider
identified below agrees to the terms and conditions set forth herein with respect to purchases, sales,
transfers or other transactions related to annuity contracts and/or custodial accounts provided under the
Plan.
The Employer and the Service Provider agree:
The Service Provider agrees that the terms of the annuity contracts and/or custodial accounts provided
under the Plan shall comply with the provisions of IRC Section 457, including subsection 457(g) thereof,
and the related rules and regulations (Applicable Law). Such annuity contracts and/or custodial accounts
shall be available for purchase by the Employer for any eligible employee ("Employee").
The Service Provider shall be responsible for federal withholding and reporting for distributions it makes
directly to Employees and/or their Beneficiaries, as appropriate. The Employer shall complete any
necessary forms to appoint the Service Provider as its agent for the purposes of such withholding and
reporting.
I. The Service Provider shall make no distribution or loan from an annuity contract or custodial account
under the Plan without the express direction and consent of the Employer. The Service Provider may
require the Employee to certify the reason for the distribution to comply with the restrictions of
Applicable Law regarding allowable distributions and transfers. With respect to withdrawals, the
Service Provider may rely upon information and directions received from the Employer, Employee or,
in the case of funds received through a transfer, the prior service provider.
2. The Service Provider agrees that it shall, upon reasonable advance notice, comply with all pertinent
written directives from the Employer regarding the solicitation of Employees to the extent compliance
is not inconsistent with any law.
3. In the event of an income tax audit of the Employer, the Service Provider agrees to provide to the
Employer any information maintained by the Service Provider concerning the annuity contracts and/or
custodial accounts held under the Plan.
4. The Service Provider agrees to indemnify and hold harmless the Employer, including any individual
member of the goveming board, and Employees from every claim, demand or suit which may arise out
of, be connected with, or be made by reason of the negligence of the Service Provider or failure of the
Service Provider to meet the requirements of this Agreement. Notwithstanding the preceding sentence,
this indemnification shall not cover any claim, demand, or suit based on erroneous information
provided by the Employer or Employees or their willful misconduct or negligence. The Employer shall
notify the Service Provider in writing within twenty (20) business days of receipt of any such claim,
demand or suit covered by this indemnification.
VOL S v
(12/98)
~ .i,y~_,
the event of such notice, the Service Provider, at its own expense and risk, shall defend, or at its
In 0
option settle, any court proceeding that may be brought against the Employer, including members of
the governing board, and Employees on any such claim, demand or suit, and shall satisfy any judgment
that may be rendered against any of them with respect to any such claim, demand or suit. Service
Provider's liability hereunder shall be limited to actual damages and out-of-pocket legal fees and
expenses only.
5. This Agreement may be modified, amended or terminated by the Employer or the Service Provider
upon thirty (30) days written notice to the other party, provided that no such modification, amendment
or termination shall affect any liability incurred by the Service Provider prior to such modification,
amendment or termination.
6.• This Agreement takes effect on the date signed by both the Service Provider and the Employer, and
supersedes all prior agreements between the Service Provider and the Employer.
Service Provider Employer
Great American Life In •
By:- RMY: zg~~
By: '
Tide: Vice President & Secretarv,_ Title: Com-"Sy jl4pd.
Date: 12115/99 Date: /Z • ZZ • Q15
I ;
i
- ~i
I1
r
1 -
r
x~.
Y'
GtEM AIVEMCAN LVE INSURANCE aDWANY
December 15, 1998
Mr. Alvin W. Jones
County Judge
Brazos County Commisioners' Court
Brazos County Courthouse
300 East 26'' Street, Suite 116
Bryan, Texas 77803-5327
Dear Judge Jones: `
As requested, enclosed are two signed copies of the revised/newly created Hold Harmless Agreement for
Great American Life Insurance Company*_ This agreement confirms that the annuity contracts and/or
custodial accounts and services provided shall comply with-the provisions of IRC Section 457, including
subsection 457(g) thereof, and the related rules and regulations (Applicable Law).
For your convenience, please forward any correspondence as relates to: Agreements, questionnaires,
surveys, requests for proposals, to the following address:
Great American Life Insurance Company
P.O. Box 5420
Cincinnati, OH 45201-5420
Attention: Marketing Technical Services
In addition, American Annuity Group (AAG®) our parent company also formed GALIC Disbursing
Company m (GDC); a disbursing company designed to streamline benefit program administration for
employers like yourself. By remitting your institution's funds to GDC, this provides administrative
convenience for you and allows your employees to diversify their investments to the appropriate carriers
according to the instructions from your employees.
Premium remittance should be made to GALIC Disbursing Company:
GALIC Disbursing Company
P. O. Box 691094
Cincinnati, OH 45269-1094
Should you have any questions or need additional information, please feel free to contact me at (800) 438-
33 8, extension 1628.
i 4ely
C rise s
arketing Technical Services
Enclosures
CC: Charles Rognon JJU s -
P.O. BOX 5420, CINCINNATI, OH 45201-5420, TEL (800) 954-3649.(513) 357-3300
f"
• :.~.~..~.,8'.._ a. - - mss:-.s._uS.' .tom Air • - _S.i:.`. :Liie ~ "'fciil:7'r-iae'i~ ~~.i,.~ _ _ -
0
0
l
0
• Y
AGREEMENT
This Agreement is entered into by and between Brazos County ("Employer") and Security
Benefit Group, Inc. ("SBG"), a Kansas corporation, effective as of December 31 r
1998.
Y
BACKGROUND
A. The Employer has adopted a Section 457 Deferred Compensation Plan (the "Plan") intended to qualify
under Section 457(b) of the Code for its eligible employees, funded with SBG's variable annuity, fixed
annuity or mutual fund product(s), as available.
tl
. ~9
B. The Employer is the Administrator of the Plan.
C. The Employer wishes for SBG to assist it in the administration of the Plan (third party administrator),
and SBG wishes to assist the Employer in the administration of the Plan on the terms set forth in this
Agreement.
SECTION I. Definitions
For purposes of this Agreement, the following definitions shall have the following meanings when appearing
with the first letter capitalized:
1.1 "CODE" - the Internal Revenue Code of 1986, as amended.
1.2 "DIRECTOR" - the chief administrative officer of the State governmental department, division, or
other unit having primary regulatory authority over plans drafted to comply with Section 457 of the
Code.
1.3 "PARTICIPANT" - an employee of the Employer electing to participate in the Plan,
SECTION II. The Plan
2.1 The Employer has established the Plan for the benefit of its employees. The terms of the Plan are set
out in the plan documents. The Administrative Procedures of the Plan are attached hereto.
SECTION III. SBG
3.1 SBG shall assist the Employer in the administration of the Plan as provided in this Agreement. SBG's
duties, with respect to the Plan, shall be limited to those expressly provided in this Agreement or
subsequently agreed to in writing by SBG and the Employer.
3.2 SBG shall assist the Employer in the establishment and operation of the Plan by providing sample
documents for review by the Employer's legal counsel, which documents shall include plan documents,
Adoption Agreements, election forms, and other documents relating to the administration of the Plan.
3.3 SBG shall assist in the enrollment of employees and the election of benefit options by employees.
VOL. A-f _ AUK, 07
.-.a .L ..emu ..w+ a..._ Fi_GMr
- .......-n6_'....a+ia,r...w>...a ;?'~br`.;r e.•wr..~:51i.+~J~iu4~%:;Wr:SW.~'_ _•u.irdrLra.r,~a~.~iiY.kY..'+.s..nis'.,v.L~,..:a....Y:.,..=.a.r...H w....r a..
Agreement, Security Benefit Group, Inc.
Page Two
d record
3.4 SBG shall assist the Employer in the development and maintenance of administrative an
keeping systems for the Plan.
3.5 SBG shall provide general information regarding reporting and disclosure requirements relating to the
Plan and shall prepare and file all required governmental reports, returns or documents, and the
preparation and distribution of required reports to participants and beneficiaries. It is the ultimate
responsibility of the Employer to see that the Plan complies with all applicable statutes and regulations
including reporting and disclosure requirements. SBG will be required to provide certifications to the
Employer upon request.
3.6 SBG shall process claims for the payment of benefits as provided in Section IV on behalf of the
Employer.
3.7 All expenses of the Plan are the express responsibility of the participant.
3.8 SBG shall render monthly reports to the Employer, which shall include the following:
(a) Receipts of the Plan made by the Employer from its own funds or from collections from
employees.
(b) Disbursements of claims by SBG.
(c) Disbursements, by category, made or authorized by SBG from the Plan.
(d) A statement of the fees charged to the participants.
3.9 SBG's administration of the Plan applies only to annuity products or other products issued by The
Security Benefit Group of Companies in which participants invest funds. Any other products or
funding vehicles provided by any other carrier or insurance companies are not covered by this
Agreement.
3.10 SBG shall maintain a fidelity bond in the amount of not less than Fifty Thousand Dollars ($50,000.00)
covering SBG and any of its agents or employees who may collect, disburse, or otherwise handle or
have possession of any funds of the Plan or who may have the authority to authorize or order
disbursements or payments on behalf of the Plan.
3.11 SBG shall maintain all records relating to the investigation, processing and payment of all claims for
benefits for a period of not less than six (6) years from the date the claim was submitted.
_ 3.12 SBG must notify the Employer promptly of any summons, complaint or other notice concerning
threatened litigation, and any inquiry by any governmental agency.
-U L - 15 ....YAG
I
r
Agreement, Security Benefit Group, Inc.
Page Three
3.13 SBG must keep confidential all information obtained concerning the Employer and its employees. 4
Other than in due course of business, such information must not be disclosed without prior Employer
approval.
0
SECTION IV. Procedure for the Making and Payment of Claims for Benefits from the Plan
4.1 SBG shall provide suitable facilities, personnel, instructions, and forms for the processing of benefits
claims under the Plan. Any Participant may apply for benefits under the Plan using forms provided
by SBG.
4.2 SBG shall consider any claim for benefits made under the Plan, provided that the claim is in
accordance with the Plan document, and any reasonable rules established by SBG and communicated
to Participants. SBG shall grant or deny each Participant's claim for benefits after making such
investigation as it deems necessary.
4.3 SBG, when acting in good faith reliance on the directors of the Employer regarding the entitlement
of Participants to benefits under the Plan, shall not be liable for its failure or refusal to pay or honor
any such claim; and Employer agrees to indemnify SBG and hold SBG harmless from all loss, damage
and expenses (including reasonable legal fees and costs) for claims, demands and actions arising out
of or in connection with SBG's good faith rejection or denial of any claim made under the Plan.
4.4 SBG shall not be liable or use its funds for the payment of benefits under the Plan. SBG does not
insure or underwrite the Employer's liability to provide benefits under the Plan, and the Employer shall
have the final responsibility and liability for payment of benefits under the Plan.
4.5 The Employer agrees that all eligible Plan payouts to Participants or the Employer made by SBG will
occur on the 1 st, 15th or 25th of the month or as soon as administratively feasible.
4.6 SBG will honor all requests from Participants to transfer investments to other Plan providers supported
by the Employer provided such requests are in good order.
SECTION V. The Employer
5.1 As of the effective date of this Agreement, the Employer shall provide SBG with a complete. list of all
employees of the Employer participating in the Plan. Thereafter, the Employer shall notify SBG on
a monthly basis of all changes in participation. ,
5.2 The Employer shall collect the contributions, if any, made by the Employees to the Plan in the manner
it may deem appropriate. The Employer shall remit to SBG any amounts collected from the
participants or necessary to pay Plan benefits or other Plan expenses.
0
1
r
r
;L
Agreement, Security Benefit Group, Inc-
Page Eour
5.3 SBG shall assist the Employer in the enrollment of the employees in the Plan, and the Employer shall
cooperate with SBG with regard to proper settlement of the claims, and transmit any inquiries
pertaining to the Plan to SBG. The Employer shall maintain a supply of forms, enrollment cards and
other documents and shall distribute or make available such documents to the Employees.
5.4 The Employer shall provide SBG with a copy of any contemplated amendment of the Plan before the
effective date of the amendment; provided, however, that the Employer shall not adopt any amendment
that would alter SBG's duties hereunder without the prior written consent of SBG.
5.5 SBG shall file with the appropriate governmenial agencies all required taxes, returns, reports and other
papers relating to the Plan. SBG shall distribute to Participants and others all materials and documents
as may be necessary or convenient for the operation of the Plan or to satisfy the requirements of
governing law and SBG shall remain responsible for the final contents of all materials and
documents.
• 5.6 The Employer shall not be held personally liable for any returns on investment of Plan funds which
are less than expected by any Participant or group of Participants.
SECTION VI. Termination of the Agreement
6.1 This Agreement may be terminated by either the Employer. 6r SBG without cause and without liability
for damages for breach, by written notice of intention to terminate given to the other party, to e
effective as of a date certain set forth in the written notice, which shall not be less than ninety (90) days
from the date of such notice. All obligations of SBG related to payment of claims under the Plan will
be terminated on the effective date of termination given in the notice even though the claim for such
benefits arose prior to termination of this Agreement.
6.2 The Agreement will automatically terminate:
(a) If any law is enacted or interpreted to prohibit the continuance of this Agreement, upon the
effective date of such law or interpretation;
(b) If, at any time, the Employer fails to perform its obligations under this Agreement, upon
notification by SBG to the Employer by telegram, teletype, or in writing;
(c) If at any time SBG fails to perform its obligations under this Agreement, upon notification by
the Employer to SBG by telegram, teletype , or in writing and such nonperformance is not cured
within fifteen (15) days of receipt of such notice.
63 Within sixty (60) days after termination of this Agreement, SBG shall prepare and deliver to the
Employer a complete and final accounting and report of the financial status of the Plan as of the date
of termination, together with all books and records in its possession and control pertaining to the
administration of the Plan, all claim files, and all reports and other papers pertaining to the Plan.
r,
e+
"•••^__"'____~`._.~~.ewe.anacav~o~04C~ttic4aGaJ7.QiL=7&.i1D.IG6AM!0.1fYtf~~..'~J~1~C~Irr>~+^' _ - _
j •
t
o'
\ I R.i --r.s...x_... -s_.....i.ru.~w-ti.-...:..'r.i:i~.::.i1+ - Q.aYfiY~:....1. .i`,~~Mt rlir'6'.oR:Sa..rM'rnaiX: l_.. LILL., , •r vw
a
0
0
Agreement, Security Benefit Group, Inc.
Page Eive
SECTION VII. Miscellaneous Provisions
7.1 In the event of SBG's resignation or inability to serve, the Employer may appoint a successor. Any
successor, upon appointment and acceptance, shall succeed to and be invested with all powers
conferred on SBG.
7.2 SBG agrees to indemnify the Employer and hold the Employer harmless from and against all claims,
losses, damages and expenses (including reasonable legal fees and costs) resulting from any negligent ;
exercise by SBG, its agents, servants or employees, of any authority or power granted to them under ;t
the provisions of this Agreement.
1
73 The Employer agrees to indemnify SBG and hold SBG harmless from and against all claims, losses,
damages and expenses (including reasonable legal fees and costs) arising from or relating to SBG's
performance under this Agreement or the Plan, except where any such claim is caused by or arises out
of the negligence or the willful misconduct of SBG, its agents, servants or employees.
7.4 No person dealing with SBG in relation to the Plan will be obliged to determine SBG's authority to
act pursuant to this Agreement.
7.5 Where the context of the Agreement requires, the singular shall include the plural, and vice versa, and
the masculine gender shall include the feminine.
7.6 This Agreement, including the Administrative Procedures Addendum, constitutes the entire agreement
between the Employer and SBG. This Agreement may be amended at any time by written agreement
between the Employer and SBG. ;
7.7 SBG shall not be bound by any communication until it has been received at its office at:
Security Benefit Group, Inc.
700 SW Harrison Street '
Topeka, Kansas 66636-0001
or at such other address as it has specified to the Employer in accordance with this subsection. The
Employer shall not be bound by any communication until it has been received at the address shown '
below or such other address as it has specified to SBG in accordance with this subsection:
County Judge R ti
Brazos County I
300 East 26th Street, Suite 114
Bryan, Texas 77803 `
7.8 This Agreement shall be construed and enforced according to the taws of the State of Kansas.
0
• i
10
Y I '
1
_~_~rw.r-.L._..Y.v~'7...r ~.t...... ~•~Ir.~.._a,l. ..j.we... .u .J.. V.,.
. r
Agreement, Security Benefit Group, Inc.
Page Six
IN WITNESS WHEREOF, the Employer and SBG have executed this Agreement this 31 day of
December . 1998.
SECURITY FI J N • . BRAZOS COUNTY
B
y:
Title: Vice Pfesident - Retirement Plans 6m
Attest:
I
• 1
1? ,
i - ~ ~,;,,t,~,;,;r"s~i.•a..s,. mlr+`~S•„ysi:rS,.r;:.a ~.~a..:..........
e..e f' - - - - -
•a s.~~ :.:s._m. a.t.:.~:r.a.- -.~_'.:.y.o.+.v..•~'s~r ..d.~•.5...:1.G~:.~-S.u._ -.aa.+~iJW+~wif"'~~`.~_ - -14.euw.iE;.w.-t. .'~a.~
CI
0
0
-
~•~rr
AMENDMENT NUMBER FIVE
TO THE
BRAZOS COUNTY
EMPLOYEE BENEFITS PLAN
•.5
STATE OF TEXAS '
COUNTY OF BRAZOS
BEFORE ME, the undersigned, a Notary Public in and for said county and state, personally came and
appeared Brazos County, represented herein by Alvin W. Jones, County Judge, who declared that the Brazos County
Employee Benefits Plan, previously established, is hereby amended in a good faith effort to comply with the
Omnibus Appropriations Bill, enacted October 21, 1998, and to add or change previous plan provisions as follows:
ARTICLE Vt, CO-PAY PLAN, Section B, ELIGIBLE MEDICAL EXPENSES, item N. Page 59, is hereby
amended to restate the following to read as follows:
VI. B. N. Charges for cosmetic or plastic surgery. Exception: The Plan pays expenses for
cosmetic surgery when it is required to correct a physical or functional problem
subject to the following:
i
- - If required due to an accidental injury which occurred while covered for
this benefit;
As reconstructive surgery:
1) due to or following surgery resulting from trauma, infection or other
diseases of the involved part; or
2) due to a birth defect or sickness of a covered dependent child born
to an Employee or an Employee's spouse while covered for
dependents' coverage
• - As required by the Omnibus Appropriations Bill, this plan shall provide
medical and surgical benefits with respect to a mastectomy, for the following
coverage to a plan participant who elects breast reconstruction in connection
with such mastectomy:
1) reconstruction of the breast on which the mastectomy has been
performed;
2) surgery and reconstruction of the other breast to produce symmetrical
appearance; and
3) coverage for prostheses and physical complications of aU stages of
mastectomy, including lymphedemas;
in a manner determined in consultation with the attending physician and the
patient. Such coverage may be subject to annual deductibles and coinsurance
provisions as may be deemed appropriate and as are consistent with those
established for other benefits under the plan or coverage.
The above reflects the latest interpretations of this ruling; however, If the ruling or
interpretation should change, or should any other provision or wording contained in this
document conflict with the above, this Plan will be administered in accordance with the
above wording and the most current rulings.
Obt
V0
,.i,. •...`.~.~_.~:..~i`~~:ea~,, - may; - r:.tu.:~..t~;~.:.~...r.lk,~•:...
ARTICLE VII, DEDUCTIBLE PLAN, Section C, LIMITATIONS AND EXCLUSIONS APPLICABLE TO
THE MEDICAL BENEFITS - DEDUCTIBLE PLAN, item N, Page 80, is hereby amended to restate the
following to read as follows:
V11. C. N. Charges for cosmetic or plastic surgery. Exception: The Plan pays expenses for
cosmetic surgery when it is required to correct a physical or functional problem
subject to the following:
- - If required due to an accidental injury which occurred while covered for
this benefit;
- - As reconstructive surgery:
I) due to or following surgery resulting from trauma, infection or other
diseases of the involved part; or
2) due to a birth defect or sickness of a covered dependent child born
to an Employee or an Employee's spouse while covered for
dependents' coverage
i - As required by the Omnibus Appropriations Bill, this plan shall provide
medical and surgical benefits with respect to a mastectomy, for the following
coverage to a plan participant who elects breast reconstruction in connection
with such mastectomy:
1) reconstruction of the breast on which the mastectomy has been
performed;
2) surgery and reconstruction of the other breast to produce symmetrical
appearance; and
3) 'coverage for prostheses and physical complications of all stages of
mastectomy, including lymphodemas;
In a manner determined in consultation with the attending physician and the
patient. Such coverage may be subject to annual deductibles and coinsurance
provisions as may be deemed appropriate and as are consistent with those
established for other benefits under the plan or coverage.
The above reflects the latest interpretations of this ruling; however, if the ruling or
interpretation should change, or should any other provision or wording contained in this
document conflict with the above, this Plan will be administered in accordance with the
above wording and the most current rulings.
This Amendment shall be effective January 1. 1999.
.a A THUS ONE AND SIGNED, before me, Notary, and the undersigned competent witnesses, on this the
2 _ day o . 1998.
SES: BRAZOS COUNTY
W1 COUNTY
BY:
n l1
` V
OTARY PU C
BEATRIZ D. GREEN l
MY COMMISSION EXPIRES
• • . • • June 11. 2002
c
s
~l I
! ~ N ~ ' - ~ , . ri. ~.~1',iJ.t•i:{i~.• .~i.: ii( _ %i'ria.aa.~xll.di::+~tiA yit,--" .r+yu.:.b.v ~ - " . _ ~ - _
0
0
0
Subscriber Agreement for WESTLAW*
and CD-ROM Libraries
AGREF O;T entered into between rW
Submae) and West Group ("West"), regarding WES`MW d ci) ROM Libraries,
as follows
-PART L WES UW
1. WES' M Subscription. Subscriber may subscribe m WESIUW, West's wmpiw
smsted legal resear h service, with it CD-ROM library (-L braro mbscriptiott or with-
out a I brary mubscripaon via arty Sednedule A Plan 1 PRO by subanitting a then-current
West Group order form ("Order Foam"). WESP[AW is licensed to Subscriber subject to
the tests and conditions of this Agreement and the Order Fora
2 Ensting Wes N Agreement Ibis Agreement supplements but does not super-
sede ary WESIUW Subscriber Agreement in effect between Subscriber and West as of the
effective date of this Agreement Etasting W= X Agreement*).
3. License
(a) Groot Subscribes is hereby granted a rwnexidusim, non-transferable, limit-
ed license to access WESILIW. WMAW consists of van= West-owned and third parry
duabases, services, functions and tenwtely-amessed gateways (all of which may be
refered to acs "Features") which may change from tune to time. Access to certain Features
may be restricted Subscriber is licensed to use data made available b Subscriber on
WE MAW ("WESMW Data," which includes "Downloaded WFSIUW Dan as defined
below) solehv in the regular mtuse of Subrscriben's legal Lid other res- du and relamd
work Cutain Features are licensed subject to paragaphs 4.5.13 std 14 or are subject to
Additional Terms (as defined below), all of which tale prwedewe ovelr the house granted
in this paragraph. Except as otherwise provided with respect io certain WES710 Data,
the ham inrdudes the right io download and empouarily store Insubstantial portions of
WESIIAW Data ('Downloaded WESIUW Data's to a storage device under Subacnber's
aodtusive comtrol solely 6) to display internally such Downloaded WESILw Data and (u)
•to rpm e and accept such Downloaded WESIIAW Data (appropriately cited and credited)
by electronic tuning and pasting or other cower,- in memoranda, briefs and similar work
product created by Subscriber in the regular mouse of its research and work Subscriber
try also create prinotus of WEMAY Data for internal use and for dadbution m third
parties ff such third parties agree not to furdw disaibute the printoum Subscriber may
also use WestTrgmeoaty Data (Le- documents not liarsed from third parties), available
on WE MAW as set forth in pz2gr ph 13.
(b) Limitations. Subscriber may not Dopy, download, stork publish, trarnsmit,
tt riles, sell or otherwise use the WE MAW Data or any portion of the WES UW Data,
in any form or by any mean, amept G) as cpm# permitted in this Ageenent, (ii)
with West's prior written permission, or (iii) if not otherwise apressly prohibited by this
Apeer=t or by the Additional Teats, as allowed under the fair use provision of the
Copyright Ant (17 USG § 107). Downloaded WESIIAW Data shall not be stored or used
in an am ival database or either searchable database except as expressly permitted by this
Agent or as quoted in Subscriber's work product. SubsmIn shall toot sell, license or
distribute WESIIAW Dan (including printouts or Downloaded WESiUW Data) to third
parties or use WES7 AW Data as a component of or as a basis fce any material offered for
sale, li oer>se or dismbution.
(e) Rights in WESIUW Data. E Tt for the license granted in this Apttement,
all right, title and intrnest in WES'IUW Data, in all languages, formats and media
tbrou *ut the word, including aU copyrights, are Lid will continue to be de aadusive
ptopeM of West and otba Contributors of WM AW Data.
(d) AMdoml Terms and Conditions Certain Features are governed by teams
ad conditions, Including charge, which am different than those set forth in this
Agreement eAdditional Terms'). Submriba will be given an opportunity ID w4ew
Additianal Tents by receiving notice of such Additional Terms in writing or online or by
such other rr 1 a; West may detrrmhn e. Additional Tams may be moddW effective
upon West giving Subscriber face (in writing, online or otherwbe) of the mods mn.
By using Features gowned by Additional Tams, Subscribe V= d, std will be obLg-
ad b aornply witk all seeds Ad& tail Terms s well as the rus and owditi= in this
Agent Ali Addittoaal'lleama wM be maddened proof d* Apeennem
4. Public t+ amAs D=b2m Public mmeds darabasrs consist of thud parry public
WEST
GROUP
records database and filings as identified in d-t WMAW Directory ("Public Records
Databases"). Subscriber shall not use Public Records Database in a manner omtrary to
or in violation of any applicable federal, state, or local law, rule or regulations, including
without limitation the Fair Credit Reporting Act (15 U.S.C.A. § 1681 a sec}.). Subscriber
certifies that it will not use any credit information obtained by it from Public Records'
Databases as a factor in establishing a oor>stuner's eligibility for credit or iruurar e e to be
used primarily for personal, family, or hoesebold purposes, for empbymirnt purposes or
for FRnunetal licenses.
5. Dow]ones Ne%s/Retrieval on WERIAW
(a) license Dow Jones hewAxtrieval ("D;/R") on WES7IAW is the property
of Dow Jones & Company, Inc ("Dow Jones") and its licensors Sub=I en's ae>cest and
use of DJWR on WMT AW is governed by the terms and conditions of the Subscribes
Agreement and this paragaph. Certain[ DJWR on WMTL W Databases we subject to
Additional Terms (as defused above) as set forth in the Scope screen for each DJWR on
WESIUW Database Data and information mark available on DM on WESIUW ("DJ
Data") may be accessed and used solely by Subscriber's employees who are mearbes of
the "Legal Maricet" as defined below ("Periued Users"). DJ Data may be manipulated,
analyz4 tdormatted, printed and drsplaped by a Permitted Una on his or her terminal
solely in the course of SubsQlbees legal, tax, accounting and rebut research and wadi(.
Subscriber may not, and may' not allow arty Permmned User b, teproducr netrarw t, dis-
srsmnate, sell. distribute, publish, btoadcsst or circulate DJ Dana, accept that Pertnttted
Users may, on an o=aonal basis, print insubstantial portions of DJ Data and male
such printouts available in non4wttonie form only to a limited number of Pcaritmd
Users for internal, non-oDrxmtxdal ust
(b) Legal Market "Legal Marie means 6) all lawyers, paralegals and support
personnel in law finm>s, legal research firms and legal dga==m of corporations; (ii)
all persons who suppomt, enforce, admmnniaa, study, create or eounsd with regard to the
law in noecutive, legislative and judicial branches of federal, state arid local
(iii) tax and accounting professionals and related support staff in aooot rating, etiployee
benefits, actuarial and tax consulting firms and tax and accounting departments of oDr
porations (but not including those employees who engage: in the buying and selling of
negotiable financial instruments for such fins or corporations or their customers'
accounts); and (iv) all faculty, students std support staff in lacer, tax ad accounting
schools. Seubbmlw may not permit access, use or redistribution of DJ Dan by or to try -
person or entity which is not a metmbrr of the Legal Mir et (including third parties and
employees of Subsrnbn %to are not members of the Legal Mamise(i.
6. WESILCW Charges
(a) (barges and Modification of Changes Charges payable by Subscriber for
aocess to and use of WESIUW ('VMUW Charges") will be u stated on the Order
Forrn, the Schedule A Price Plan designated on the Order Foam or as otherwise agreed in
writing by the parties Subscriber may elect a different Schedule A upon aiittet notice at
least 30 days prior to the first day of a WESIUW billing cycle, effective as of the first day
of such billing cycle No Sdv%Ue A may be adopted for less that a three month period
WMUT Charge shall commerim on the date Subscriber fiat awe WFSIIAW or
any Feature of as otherwise stated on the Schedule A or Order Fame The WESTIAW
Charge may be modified to the effective date of this AVument and upon at least 30
days pnor notice b Subea min writingoronline e
(b) QuickViev~t QuickYew, current usage reporting service, is available to
Subscriber. To moess Quic kvim Online, Subscriber must designate the person(s) autho-
tined to view Quit: ew Online. Ordering information and charges for QuickView and
trams and conditions of its use are included in the SUBSCRIBER Database- Actual
WFSIIAW ChaW may vary from WES71AT Charges reported on Quiciffew Subscriber
apses to pay the actual WES1IAW Charges as billed.
7. WEStIAW Softmm West may make available b Suhsaaff aohware for use in
connection with WESIIAW or to access third parry gateway services and certain
WESIIAW Features not available when anxessing WESIUW with CD-ROM Software (as
defined in paragraph 10 herein). Such mftwae, including new vessons and the 2=m
partying user dommentation, may be referred to aDilecdvely herein as "WF,SILIW
Software:" Au WEShUW Schware wen be Boensed to Subscriber under a license agtx ,
VOL
•
root vbkh vM aoaompatR die WFSLUW Soft - e Liar aft die WESIL1W Sol I I
t= my twigk aopia d 0MU SCAM !n it paamesaicn at mmi us cocci
aid ddrg suds other action a may be tetiaetme 1 in tk Apmm as oonstl rft
mace ate subscription a nor rewm of CD-ROM S*wm for each site a: nfikh
aoaeptarect, Subscriber agrees b be bound by tine tams acrd conditions of the aooom;
CD.R M Sottwaae isordaedorated.
nyireg license 11 Subscribes does not so agree, Subscriber must retrurh any
11. CD-ROM Charges acrd Billing. The chvp ("CD-ROM Charges-)
arrratth
tangbie copies of tk WW UW Software in its possmion or cona& West will enter one -
prIabk by Subscriber for each ItbM are as set forth on the Order Foaa CD-ROM
subscription for each sire st which WMUW Software is oaiaed or used by Subscriber.
Cop may be codified at airy time without notice. Champ br Libraries additions
and for featitra introduced after the ef6 c t date of this Agreeenmt will be dd=dned
PART n: CD40M LIBRARIES
Subaztber may subscribe to L Ueesby submitting the theta-
CU-ROM libraries
8
by West Tmispor=on and handling charges shall be added to all shipmertts unless
.
_
arnrstt order Forts All such subscriptions shall include a subscription eD WESTLAW. All
otherwise stated.
It We Except for the CD-ROM License granted in this Agreement, all right, titk and
Libraries and WESIUW are licetued w Subscriber subject to the ten and eonditions d
interest in the CD-ROM Data. in all languages fomsut and media d mughout the
this Agmmat and the Order Foam. All WES LAW access via CD-ROM Software (as
vmK including all copyrights, are and wM continue n be the enodrssive property of West
defined in patgaph 9 hemein) sisall be bsLU pursuant v the term>u and conditions of
'
and other Wright proprietors identified therein and those claiming through such pr¢
Pat I of this Agew= and the Order Focal, or any existing WESTUWAgreemeM
priema ("Contnbutots'). Tlhe CD-ROM Data archiwmue, inaduding the format, Layout
9. CD-ROM Data
(a) License. Subscriber is hereby granted a non-ezdusiwe, non-transferable
and data strummes, are proprietary. Subscriber may not tehelSE engineer or od wise
wen:pt to disoem such proprietary atdnitecttnte. Ilse Unaties and CD-ROM Software
limited license ("CD-ROM Iiaehse") to socess data ("CD-ROM Data." which includes
are and will remmain the euiusive property of West, its affhhates and software owners,
"Doairloaded CD-ROM Data" as defined below) conuined in the Libraries to which
Subscriber shall not tetmve any labding, or notices included with or embedded in the
Subscriber subscribes by means of various CD-ROM software ("CD-ROM Software"
Lbrarhes, the CD-ROM Dact>, the CD-ROMs, CD-ROM Software, or doh r p,daging or in
including, but not limited to PREMISE Research, KAWare and Folio) and to use
adorized copies thereof.
CD-ROM Data internally solely in the regular ooucse of Subscriber's legal research and
related work Each library is licensed for use at a single Subscriber office location
TART III- GENERAL PROVLSIONS
('Sire"). in addition. Subscribers pe orunel who work at or are assigned to a licensed
13. West-Proprietary Data. Subscrnber may, via WESIUT futamonality. direct West
Site may access the Lbranies by remote dial-in access to the Site or off-Site on stared-
ID tratnsr R West-proprietary documents 6&, documents not licrosed from third panties)
alone PCs. Each Lbrary is liea>9ed for use on stand-alone PCs or on a single local area
in electronic format to a single internal user or to a third party who is an individual if
neri otk (IAN") installed st a licensed Site that is dewonically linked and capable of
such third parry agrees not to further disserninate such doatments. Direct won
sharing the use of one or mode CD-ROMs. 7h Order Form will indicate th number of
of elmuonic copies by Subscriber is prohibited. West further grants a non-mlursive,
eonautent uses authorized to access each Library licensed for the on a M Each such
note-ftardetable, limited ham to individual WMUW users within Subscriber entities
ubraty grill be licensed with a proprietary control file which Submfter moo install only
b store and use West-proprietary Downloaded CD-ROM and WEM1AW Data (as defined
an the sin* IAN. Each CD-ROM picric includes the rigout m tr°zides the CD-ROM
above) in a srardhabk database maintained in connection with an ongoing project of
Diu oen wzjed in the library to a single storage drive under Subscriber's ezdusive con-
the user ("Projea Database"). Such database mast consist preponderantly of user's work
ord and to maintains such CD-ROM Data as it seamb.2ble CD-ROM software eorrnpatible
ptoduci with access limited to those interval uses actively working on the project. The
database subjea to the tenor and conditions of this Agreemeu Subscriber may also use,
West-proprietary Downloaded Data may be maintained in the Project Database so long
only at the Site, West-proprietary Data (i-e., docutments not lionised from third parties)
is the propel remains active or until any termination of the Subscriber Agree=%
. rmilable as part of a Library as set forth in paragraph 13. Each CD-ROM L kense also
whichever omia fiat Retention of Downloaded Data in a Project Database after the
includes the right b transfer and xmporuily store insubstantial portions of CD-ROM
project ends, in an archival database used as a research tool or in a database aoarssibk
Data ("Downloaded CD-ROM Dau") to a storage device under Suhsrnbees cmdsaive
b eamnal was is prohibite&
control sorely G) to display inte:crsally such Downloaded CD-ROM Dicta and. (ii) to quote
14. West's Legal Dir c oty" Subscribes may use CD-ROM Data and WESMW Data
and a azrpt such Doawriloaded CD-ROM Data (appropciatdy cited and. credited) by dec-
contained in West's Legal Directory ("WLD") internally in the regular course of
iconic cutting and pasting or other means in memoranda. briefs and similar works prod-
Subscribds business Subscriber may also create printouts of insubstantial portions of
uct created by Subscriber in the regular cot= of its legal research and related work
CD-ROM Data and WESIUW Data consisting of individual WLD listings or selected
Subscriber may also create ptinooins of insubstantial portions of CD-ROM Data for inter-
natrs and addresses for its own ur Use of WW to ante mailing or marketing lists for
nal use std for distribution to third parties 9 such third parties agree not b huther cis
eorrunerial purposes orfordistribution to third parties is prohibited.
tribute the printouts.
15. Responsibility for Certain Ma=eers/RPM. Subscriber may access WESlUW from
(b) Limitation of License Subscriber may not copy, download, store, publish,
additional Subscriber locations upon prior notice of such location Subscriber is tespon-
tnansmiL trarder, sell or odowise use the CD-ROM Data or any portion of the CD-ROM
sable for ratifying West in writing of persons to whom TuTIAW passwords are to be
Data in any form or by any means, except 0) as expressly permitted in this Agreermk
issued or from whom passwords are to be revoked. U Subscriber choosers ti use Rapid
(ii) with West's prior written pesmissionn. or (iii) if not expressly prohibited by this
Pmword Mansagtr ("RPM"), which permits issuance of passwords by tdgkffir, the pes-
Ageement, as allowed tinder the fair use provision of the Copyright Al (17 UIC §
son(s) to be ssuml an RPM order code and the location(s) for which such person is
107). Access through wide area networks, multiple IANs, multiple sites or similar
adorind to order passwords mist be designated on the Order Form Subscriber is solely
aaangarimm is strictly prohibited. CD-ROM Data shall not be stored or used in an
responsible for maintaining security of WESTIAW passwords and RPM order codes,
archival database or other searchable database enopept as expressly permitted by this
Subscriber is also responsible for all aooess to and use of libraries, CD-ROM Dales,
Agreement or as quoted in Subsahbees work product Subsrnber shall rot sell, lipase or
CD-ROM Software, WEM UW, including Features, WESIUW Data, D) Data, and
distribute CD-ROM Data (indudintg printouts or Downloaded CD-ROM Data) to third
WE5 W Software (collectively the "Deliverables") by Subscriber's personnel or by
parties or use the libraries or CD-ROM Data as a component of or is it basis for any
means of Subscriber's equipment or WMW passwords, whetfier or not Subscriber has
material offered for sale, li cense or distnbtztionL
kvwledge of or aateaizessuch z= and use.
10. CD-ROM Software. Subscriber agrees to subscribe to CD-ROM Software and
16. Disclaimer of Warranties and Limitation of Liability. EXCEPT AS SPEiCIFTCAL-
updates and accompanying doatrnentation a indicated on the Order form for amts b
LY PROVIDED IN THLS AGRE LMENf, THE DELIVERABLES OR ANY OF THEM ARE
the Libraries and WESLUW. Updates of CD-ROM Software may be issued from time b
PROVIDED "AS IS," WrnM WARRANTY OF ANY IM, EXPRESS OR II►iPM,
time. CD-ROM Software will be licensed to Subscriber under a li oxtse agreement whirs
LN=ING, BUT NOT uMLTED TO, WARRA.WIES OF PERFORMANCE, MF_R
will accompany CD-ROM Software. By using CD-ROM Software (induding each
CRAN7ABUM, FUNESS FOR A PARTTCIJUR PURPOSE, ACCURACY, OMWO`S,
update) ad taking such other action as may be r>ekiended in the agreement a eontso-
COMPIEI E\= CURRBTOS AND DEW'S. RIBS( ISMS E XCIMrvE REME-
tatting ax=tarsoe, Subscriber agrees b be bound by the terms and conditions of the
DY AND WEST'S, ITS AFFIMTES AND/OR OONiR1BMRS ENTIRE LIABUM
accompanying license agme enL If Subscriber does not so agree. Subscriba rrunt
UNDER THIS AST, IF ANY, FOR ANY CLUM(S) FOR DAMAGES RE ATLWY
V 0 L.,~- p ~i m & 9/ 6 A .
~JR"T2i lti
.s
~:..i...+_ ..w...,. ~.3_~,a "v:• - `ru.o<<•z' ~ -x. ~•4wt'~ ~ .e'~6't"s+r~i'_,f ~ u.~_~.~._a_ ~ t
TO TIM DIIIVERABIZ OR ANY OF TBTM WHAM ARE MADE AGADW TWK
erred byt * bWigTEM►W 4memmt ftubsailxlr laminates an of it: active vib-
DID1V WALLY OR JOINTLY, WHMMR BM IN QONI'RAirr OR NEGUGE1NW,
safptiom order ttris Agtemn t buy m E WE MAW Ageanent (yon 1PRO) is in
MAIL BE LIMITED TO THE AGGREGAIB AMOUNT OF MARM PAID BY SLW
effect tads Agxeeman wen eanimLe,effective 30 daps after the L®Indon d all Libcany
SCRIBER RELATIVE TO THE SPECIFIC LIBRARY, SPEMIC WESTLAW FEATURE
subscriptions or the termination of the WEST1AW subscription under any 1PRO,
(Le, DATABASE, SERVICE, FUNCTION OR GATEWAY), CD-ROM SOFTWARE OR
vh1chm orates lag, unless Subsmber elects to continue its WESTIAW arbsmption
WESIIAW SOFIWARF, AS APPLICABLE, WHICH IS THE BASIS OF TIM CLAIM(S)
under m othes WESTIAW Price Plm West may lamn~e a Library subsmptim upon
DURLNG THE 12 MONTH PERIOD PRECEDING TIM EVLNT GIVING RISE TO XCI3
30 days prior wrium notice, if such Library is no longer commercially available.
CLADL Lei NO EVEN SHAM. WEST, ITS AFFILIATES OR 0DNTR1 =RS BE
9ub9amer may laminate this Aguxmau immediately by giving written notice of Lami-
LIABLE TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY TO 0) SUB-
nation after receiving notice of any umendmentt (as permitted under paragraph 19)
SCRIBER'S Lh.ABILITY OR FAILURE TO PERFORM LEGAL OR OTHER RESEARCH
which is tmaaoeptable b Subsmben:
OR REIATED WORK OR TO PERFORM SUCH LEGAL OR OTHER RESFARa l OR
(c) Temdamon Upon Breach West may Laminate this Agreemnit including
WORK PROPERLY OR WOLETELY, EVEN IF ASSISTED BY WEST, ITS AFFILIATES
all Libraries subscriptions and the WESTIN subsctiptim Uuroediately upon giving
OR CO%7RIBUTORS OR ANY DECISION MADE OR ACTION TAKEN BY SGB-
written notice of Lamination to Subscriber if Subsmber eanrzits a mutrial breach of
SCRIBER IN RELIANCE UPON WESTLAW DATA, INCLUDING DJ DATA, AND
this Agreement or of any obligation to West under any other agreement between the par-
CD--ROM DATA, (ii) AN'Y LOST PROFIT'S OR OTHER CONSEQUENTIAL, EXEM-
ties. Subscriber may terminate this Agreement or any one or more of Subscriber's
PARTY, LNCIDENTAL, L-DDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR
Library subscriptions immediately upon giving wriam notice of termination in West if
IN PART TO SUBSCRIBER'S RIGHTS HER11MER OR USE OF, OR INABILITY TO
Westcomaits a material breads hereof
LSE, THE DELIVERABLES OR ANY OF THEM, EVEN IF WEST, ITS AFFIId M
(d) Obligation Upon Twnimaon. Upon Lamination of any Library subscrip-
A\M/OR CONTRKUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SIKH
Con by either party, Subscriber shall immediately return to West the terminated
DAMAGES, OR (iii) THE PROCURING, COMPUNG, INTERPRETING, EDITING,
Libnry(ies) and destroy all CD-ROM Data maintained on a permanent storage drive
WRITING, REPORTING OR DELIVERING WESTIAW DATA, Ii1QUDING DJ DATA,
Upon any termination of this Agreement, the CD-ROM Software Bravos granted hemunn-
AAD CD-ROM DATA F MILER, WEST SHALI. HAVE NO LIABILITY WHATSOEVER
der shall also tavrinn2oe and Scrbsanbar shall eomply with its obligations under the applica-
TO SUBSCRIBER FOR ANY CLAIM (S) RELATLNG IN ANY WAY TO ANY THIRD
ble license spemwgs.
PARTY FEATURE. SUBSCRIBER ALSO ACKNOWLEDGES THAT DJ DATA MAY
21. Forme Majeum West's perkmantee under this Agreement is subject to Uftm p-
PNCLUDE VIEWS, OPINIONS AID RECOMMENDATIONS OF INDIVIDUALS OR
bon and delay due to causes beyond its reasonable control such as ace of God, acct of
ORGANI UTIONS WHOSE THOUGHTS ARE DEEMED OF INTEREST, AND THAT
any gc>vemment, war or other hostility, civil disorder, the ekn nhts, fire, c#onon, pmw
WEST AND DOW JO\ES DO NOT ENMORSE SU(Ii VIEWS, GIVE INVIM, ENT, TAX
failure, equipment failure, ird=al or labor d*Ar, inability b obtain necessary sup-
OR LEGAL. ADVICE, OR ADVOCATE THE PURCHASE OR SALE OF ANN SECURITY.
plies and the Woe.
AS USED IN TL ,B AGREFMF-\'r, "AFFILIATES" MEANS ENTITIES WHICH CONMMI,
22. Notices. Except as othemse provided in this Agreement, all notices mug be tgven
ARE CONTROLLED BY OR ARE UNDER COMMON COINM WITH THE NAMED
in wntnng to West at 620 Opperman Drive. P.O. Boar 64833, St Paul. Minnesota 55164-
EN7ITY.
0833. Aner&= Ozwmer Setvmze and to Subscriber at the address set forth below,
17. [imitation of Claims. Except for claims elating to CD-ROM Charges or WESIIN
23. Governing Lacer. This ABrmaentwill be pFnvu3ned by and eorsstrued under the Naas
. Charges, or improper use of the Deliverables or any of than, no daim, regardless of
of the State of Minnesota, USA
frm, which in any way arises out of this Agreement or the use of or inability b use, the
24 General Pravisioas. Neither this Agreement nor any part or portion hereof may be
Deliverables of any of then may be made, nor artiest based upon such claim brought
assigned, subliee sed or otherwise tnanderied by Subscriber without West's pnot wrimat
under this Ageernent more than one year AT the basis for the daim becomes known b
eor>9ett Stiotdd any provision of this Agreement be held b be void, invalid, unenforce-
the party desiring to assert it.
We or illegal by a court, the validity and enforceability of the other provisions will not
I& Billing and Paymem. All charges are exdushe of sales, use, ad valorem, pemonal
be affected thereby. Failure of either party to enforce any provision of this Ageamt will
property and other taxes, which are the responsibility of Subscriber. Subscriber will pay
not cons itt* or be mnstnred as a waiver of such provision or of the right to enforce
all irrmices in full within 30 days of receipt If full payment is not made, Subscribes may
such provision. TTY headings and captions contained in this Agreement are ittsaLed for
be dtarged up b the umamum legal inwreg on the unpaid balance
conKxtience Only and do not constitute a part honed.
19. Effect of Agreement This Agreement (which includes all applicable Order Forms,
any Ehtisw% Ws X Ageernent, oment and future Schedules and Additional Twat,
suBsauBER
Cep r.
FurnlNawe
and license apwments) embodies the entire understanding between the parties with
~5
respect b the subject manor of this Agee a nt and except as othesa ise provided herein
arpemedes any and all prior understandings and ageemerds, oral or written, relating b
Office Location T-U k G A S t -z, 'S
the subject matte'. E opt as odhawise provided in this Agreenertl West may amend the
-7 ? 4W0
Lems and conditions of this AVeeneit by giving Subscriber at least 30 days prior written
or online notice. Any otter ammedment must be in writing and signed by both parties.
20. Term and Termination
(a) Effective Dar. This Apwnennt and each Order Facet inoorpoca ed herein will
Cffd4 62C% k'
become effective upon approval by West in St Paul, Minnesota`
T
(b) Termination. Subscriber may to a mte any one or more Libr'any subscrip-
•
tions by giving written notice of termination. If Subscriber subscribes to WES`UW
a,,,
under any 1 PRO it may terminate its WESTLIW subscription upon 30 days prior writien
Printed '
notice to West If Subscriber terminates all of its active subscriptions corder this
Agreement but in Existing WEST AW Ageement (non 1PRO) is in dlect, this Agreement
will ermirue and all Subsequent WESIUW access and use by Subscriber will be goa'
■ .
i e
rap 1?V~21/
vso~-w •
5
J . -
t '
K
1
7
._...1+...+.t..,~ ~L~Srli~•~.=...Y "Yt+r:'•(w2.1ii~:.M~l~niuJoS.Tr{y''~:a'.~~~~y,' ' '
::hit-rS.:,,='-n •'''~LL~iYLati: _.aw a _
0
0
eo 17 S8 06:24p Jeff Stepanfk 71346OSSOO p.2
WEST Gawp ORDER FORM 610 Oppexanttt Dive. P.O. Box 64833. St. Paul. MN 551641803 Tdd12/6 -MM
Atoo= PO # Doe 19
At r
Nam MUM
A&= a, EffiT 2b r TE*m (o) ',3s[
chy sm -x zip 77 IW 3„ oraff
Conw Pezaort Bdk%Address (if dill vm) 3a zb TO St rv to
Test G roq Rep l pm Ladle Cdr ad $ tin Stste ~ C~_ ?1p }
1Nhsdaw'
Viedlaw PRO- kne and Add-On Produelt and TmWn8 i Tedudcol Support Ptanl PRO 0 P&* 0 Cdpom Hag PRO W-
Bat or Add-on Pm&a(s) PR OO4 ties si w d TOM mm" Ourp Fds~c
IL 12L Is ISM
IZ- 4C
wi6 n aid WBSTC wk* O M WfQom Q O MwWim ti W Told! $
Deis Uw6ba hm sn lneSW CD'ROM &W. Q-V 6'O No .essl:stootn WAX O TO O No
WesHow Passwords (PRO Options)
KWE (lL frm noddle initnl) AdditkxW
Or RmTok Paton of eumt We daw Pmmmd Bxe Produa Bast: Prodtx: Add•Qa Produce' m6ott Product' Add-on Prostxt
•Alro W &I& IMCLIR lard for romat Axam Pm&m
TWm t plot m lies emant ht am" 0- moaft Ile mocO fDlortl~ Qm d oq tppOa+Ek teroea0re toteurt+it0e p~mms ea dde •
aw"me atdtebriod pr and mufti I - ,ns=m *a a mob m*n dteto lteinu =b 6etttsd m 4(rt!lltbdMm* QW pft pbW.
SdmoededortMtEesQapseab a4~M'1e ~ ~jdtepmonlo
fts =esrpA*by Amoeba trite loci m*oM d bolo Shaft
atepoer~otd \ n~eotbeSl~ICnxet~owsnty.
VO fir. 7
THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
tree 17 98 06: 24p Jeff Stepan! k • 7134609680 , P.3
CD-ROM Lra ~m ileavq_*ernet-So" Pmducb X mbsd~eoa,ep mglo~ed b1s LW=pnM it doloaoon idvAdcsd*pdwM
CD-ROM Ltrries, WaiwNaskPoductadTbabob 8iTO -Judod Seppat vadsrM O K~D FE
CD4MS*vm,. I" MA
~ ft ft 9/1?
Pia6,cs ~ PlAmAnkma k= ew wren UM
*a* of ftusl *Wx
'fe*~e $ -*I ff `i pica tm per=a* Ix sppMftm*!j -oN64 bepmrmI tw Moab folbNmt fdro of my gal inoems 0 wa _
V%", aaat vuepvm" are made as SVO& The I debt ntw IW MW* parom weumDre a moo'cam due b die inomeaoe to
k =x&ffd s%LMd AW. (PRO Price Pte, ar due a ft incmeae at deaerme in rise mhnms76er d mamma om OU ICD=.
No d/Mer9W
Psis! ProduOs and Omer Producb
s
'd ftrdmo Prkw or dakma of Umn" Foots] for ftwvWu* DeUvwvd Pro&xh U ed Bel~. amm
t
TaW of Prrrtt, law Usftd Peo&M Prvrnsrrstr Deis W and ethos riVWQ7 (fmn pW anwi, it ) _
Ten=s tnitW payment a A i plus tai per money for spptbadMU* mors<tq beg~atg to rands roan tag xT apptaratilr
lnomra9+e For tmm 24 awn t>: a Im .Wsoue interest an rkmpal atdte ksnllrna at psld as age EigN peeent (8%) tmtrtrrst over the toll ianpb of aontrut wttb I= in eves of 24
arondn The balsnoe of de irttU yaar osda>WAWY p*atmu ue wbjea b MAhCcs M due m the ira= ordo==In rh Mo ber Of d1wed seom-p (PRO pnMpin) or due to ttm:
Iaoiamse ordeaeme inthe msanber a(cvmu %urns (PIw IC=).
1. f„ bsc **i n s.t+vioe. stbsccvft service is p %ded at the t aKurrem Pdom uridl fret nothe by ddw poly subscd0on servix me/ aocsW of s) CD-ROAM
Ubcaries: Full Swig SubwAptiat Update, Sarpplernenti and Moved Ca-ROb% amore updates and/or advaetoe iw% b) Fria hvdum Pocket patty, pamptft
reoocrrpaled, contirwadon, mplaoatteat or avyi hary vohrmes• aftdoatal volume, loeeeled paga and(or suppknxmu and volumes of s MW aeries or adism
c) Deslceft Productc updates and d) sestlaw sad CD-ROM Softw 2rc New w skm
s. Chcrgws and B26vj. Mamtiltly Rb mpw mfnrges for WON Iibraries, snNor Wesdas. PRO will be abed an due Awdayof be 15%ma th (olia t drdaeWet pr}oms-
a Suhmbefs order C'Prooez tg Bak) sad on ft fiat day of each month tl tee All charges ue non-mfimdsbk Upon t m*ubm d a library or PRO sabetpdm VW
may daclare all dhwp with vapeat ID wch knuktarod subscrtpdon iramdotely due utd pgyabk i cuing all urmsmred irmuUmaht cha WL
3. G.n.trad Pnmkimm This Order Foam is subject to zppmW by West In St. Pau, burl and oral be grtvecrted and oonsmiad wrier Mautesota Ia t Sale, tae, peoonal pea
tlt ad valorem and other ta>Des ue the mapoasbiLty of Ctratomet West mWrhs a prrrctm money sew ity barest In an p=hased products until fully paid Ateprmlucdon of tick
Order Foan aril be ondreed as an orlg W and may be used as a ftuvdrtg stamft Gmnier may be du* interest brovedn tast4kneuu atdsu6sc"m acrd for Other
qzn account dtargm k*mst, if dtar®ed, may be ad mum b the 6en•highw curmt co iWmble on Nlmrtesota c>Dnw= Traviet or as3lgttment of f 4h or oblgpors by
0surher m:orsdaAes a mattrral beach of thy; Order Foam and Its gnuerning agwnent(s). If Cwtaaner trardes the collateral hereunk a r any lngallmwz sabsa~fiom or
open amount ctnrps remain ugyzd 90 days after mz<w4ty, all urtmatured buallmeius shill becorne due vend payable at the option d vtz All collection iita, lrtcludtng but nat
irmhcd to snomno fen, ate Payable b Customer. Tmactspoctawn and handling wiHbe added unless stski
sa!l:h --k I tPWs -0 you ace not w9lesdy s:tisfi d with aq ptodhct you pardwe or kerse Eras West croup, you may tetum it v bin 45 d* d invoice hoc a Full rdutd
or credit SaOsfactfon Plus does not apply to watbw Oatarmer Is rapotuible her any appliabie durgrs atsodated with Watts=
Cre& Card O vw O N4ma~ Cord O Amwrican Eamprwss O Disa wr
CM& card a - t{ss Am*;an chew
tr. coxes is kworp awl a a Iimrdtad Rabmlq ~ On him tg mW be
sy aom*W by art oanedp Wpd pworWk. 1 glee b tltesee team sad pesottaey
N gusraft paPnectt of dtiseoOM acrd absavft savtoeturtdtad *amok
Daft fiorlmatYrw
rnnr aversarwa
j d v-sm►s•asss
A.,
_ -.._._•-.•+-.•....~~,.......~•~4+FMA+Iti•<M'a.:ra 4..tYx+tfv3 wrr..R.awa. ecY ........~...,..,~~./..~.~ww.cwew~m.~<...~.~.....~~r~c p4p.~.~r.
'Y 1
•1
_~`c _ ..ii. ..'tip...- y•d. n.=......:..r_t~y•~2~,.i,o..,r..~_1:W~...rx.~~.G.~Fi~:"~=~`s:.c~•~.i~itv2~:...~:,.; ~i, i-ti_:.•'- `
•
•
0
a
y
. 1 ' S :Y~ 'w4?'C-'y4t'd i~L' ,i~ n,.y ,rl~t u." ;•iY,;'a•'1 ; y►~ : rF '~."i tr'y'" r f IT
.•BRAZOS COUNTY. TEXAS
WEST GROUP
SUBSCRIPTIONS AND PUBLICATIONS
FISCAL YEAR 1998 EXPENSE
FISCAL YEAR 1999BUDGET
SUBSCRIPTION SUBSCRIPTION
& PUBUCATION
EXPENSE FY 1998
85TH DISTRICT COURT
272ND DISTRICT COURT
361ST DISTRICT COURT
COUNTY COURT AT LAWS 1
COUNTY COURT AT LAW 8 2
COUNTY ATTORNEY
DISTRICT ATTORNEY
COURT COSTS
TATAI
$
7,460.52
$
1,814.77
$
4,346.15
$
3,938.06
$
765.71
$
5,205.89
$
13,968.78
$
s
17 AGO-Aft
& PUSUCATION
BUDGET FY 1999
$
1.335.00
$
1.335.00
$
3.335.00
$
2.835.00
$
835.00
$
4.335.00
$
11.835.00
$
4,655.00
s
se_see_e8
r
,
~ - .e 1, " per J q~
( ~!i
C fJ~t~ `r-
`
y,~ w . •
,
3 _
rJC. ~.x~`' lti•* y ,w,. yyf s,ti, i ~ .1.,.,•, `
.
,
.
.
-
1
` BRAZOS COUNTY TEXA'S
WEST GROUP
EXISTING SUBSCRIPTIONS
PROPOSED SUBSCRIPTIONS
FISCAL YEAR 1999
.
CURRENT CONCURRENT
PROPOSED
CONCURRENT
CHARGES USERS
CHARGES
USERS
5th Circuit Reporter
$147.00 8
$63.00
2
5th District Court
$147.00 8
$63.00
2
Supreme Court Reporter
$216.50 8
$95
2
Texas Cases
$269.00 4
$315.50
10
Texas Civil Practice
$90.00 1
$90.00
1
Texas Digest
$86.50 4
$38.00
2
Vernon's Stat & Code
$176.00 4
$176.00
4
Texas Jurisprudence 3d
WA WA
$122.00
2
Texas Practice Series
WA WA
$60.00
1
. Key Cite - All
WA WA
$125.00
15 passwords
MONTHLY TOTAL
$1,132.00
$1,147.50
ANNUAL COSTS
($13.584.00)
($13,770.00)
Total budget FY 1999
$4,655.00
$4,655.00
Additional Funding Requirements
$8,929.00
$9,115.00
J■~
V o"./
JTRIGKC AudlWs Office Page 1 12118198
y
f " 1
s
'4
r~
L
•
•
I
-t 4~ii.
Y '7
BRAZOS COUNTY, TEXAS`
r+ `
CONTRACT PAYABLE - WEST,GROUP
1999
PTEMBER 30
,
SE
Fiscal Year 1998 Charges
rw' '
$2,250.00
Annual Fee _
:c4
Concurrent User Fee:
132.00
$1
J'
July
,
$1,132.00
`
August
132_0
$1
~3.
_
September
,y
Total Charges FY 1998
646-00
$
J
Less:
($2,250.00)
Payment Annual Fee
($1,132.00)
Credit
Total Owed 9-30-98 (1)
$2.264.00
Fiscal Year 1999 Charges
Concurrent User Fee:,
$1,132.00
October
$1,132.00
November
i
$1,132.00
December
Total Owed First Ouarter FY 1999 (1)
$31396.00
Proposed
Concurrent user Fee:
$ 1,147.50
January
$ 1,147.50
February
$ 1,147.50
March
$ 1.147.50
April
$ 1,147.50
May
$ 1.147.50
June
$ 1,147.50
July
$ 1,147.50
August
147 50
$ 1,
September
_
Total owed 2nd. 3rd and 4th Ouader FY 1999 (1)
$10,327.
(1) Total Budget Amendment for 9-30.99
$15$15.987.50
~ ~ 12/18/98
JTR/GKC Auditors olsoe Page 1
r -
f• Brazos County
Law Library
WEST
Library Conversion GROUP
December 16, IM
.ww_ ■ 101MA M TEXAS
MONTHLY
PRINT
CD-ROM
CD-ROM
INITIAL
UP
LICENSE FEE
PRODUCTS
PRODUCTS
PRODUCT
CHARGE
DATE
Mms"IMMMM
ANWAL
UPKEEP
ANMAL
UPKEEP
wF.S117 Aw
• DW=
um
ow-199Y1
(UQ lrta X 12
xONTEM
Vernon's Texas
1 -SM
24/yr.
$63.00 $16.00
$1117.00
756.00
Yes
Statues & Code
Ann.
Texas Cases
1 sm
M
$95.00 524.50
$777.00
$1140.00
Yes
Texas Dl
2 t•1.89
A
$30.00 $8.00
$843.50
5360.00
Yes
Dist Court
Service
I $609
M
$50.00 $13.00
$600.00
Yes
5 Circuit
2 $600
Reporter Service
M
$50.00 $13.00
$600.00
Yes
Supreme Court
2 $'240
3/yr.
575.00 $20.00
$429.00
$900.00
Yes
Reporter
Rutter Group-Tx
Disoovery
1 $66
A
$11.00 $3.00
$13200
No
Rutter Group-Tx
1 466
A
$11.00 $3.00
$13200
No
Civil Evidence
Texas Admix
Code
I am
A
$63.00 $16.00
$1827.50
$756.00
Yes
Texas
Practice Series
1 4890
A
$60.00 $15.00
$73200
$720.00
No
Texas LawdeW
1 V500
Q
$200.00 $50.00
$3380.75
$2400
No
Inc. McDonalds.
Tex Jur. Plead
& Pract. Legal
& Business
Total
z
.saa.MK..p . oia► s..a.. c~a • b.y.n G~p...w. f~bMiYiy • YYEif WM' • 1Iw. q..~A4.
E -1
1
Brazos County
Law Library
WEST
Library Conversion GROUP
Deoembw 16, L998
1
Acct. * 192413&3M TEx4s
11
CD-ROM
PRODUCT
INITIAL
CHARGE
M DOM
UP
DATE
MONTHLY
LICENSE F_ E_ E
gsat EACH
PRINT
PRODUCTS
ANNUAL
uPKF"
Lm- • i "S)
CD-ROM
PRODUCTS
ANNUAL
UPKFX P
(LiG "g p IISLMJ X
12 MONTHS)
VVESTLAW
AVA OL
ALR
1 -S1-S90
5119.00 530.00
$904.00
1428.00
Yes
ALR Federal
1 wow
Q
$89.00 $2250
$1368.75
$1068.00
Yes
Wri t & M1IIer
1 4m
A
$55.00 (15.00
1936.00
$660.00
Yes
Code of Federal
R. ations
2 s1A88
m
590.00 $22.50
$1080.00
Yes
Federal Reporter
12 63548
M
$295.00 $75.00
$1392.00
$3540.00
Yes
Federal Su
9 13348
M
$295.00 5.00
$1174.50
$354000
Yes _
U.S.CA.
2 ON
$73.00 $20.00
$1823.00
$900.00
Yes
Am Jur. 2d
2 -6048
5129.00 $3250
$2295.00
$1548.00
Yes
Ara Jur Proof d
Facts
1 ON
575.00 S20.00
51190.25
5900.00
No
Federal
Prooedure Form
1
.00 10.00
$936.00
$480.00
No
KeyCke-ell
mum
Sia5.00
$1500.00
Yes
v0L
trOMA V A WV • Cruet uvd... C4509b • • lowym Caapwrw PWA66V • WESrIA%Vl . Wd Mkh"
J
l '
r
_ _ . _....~..>-~.4.....a....~J.SL,....~.:~...L ..~_s- '..~:..K....~-•- - -~....AV..~..3~.W.....b....:~....~v4.....~-.~.. W.~_...s._..W_ . _
"
r
I •
Westlaw Pro
Government Packa e
wFSr
ceoue
THE BASE
Westlaw Pro includes: Texas Cases
Texas Digest
Vernon's Anno. Tx. Statutes & Codes
Texas Administrative Code & Register
Texas Administrative Opinions
(environmental, insurance, tax, poWc Wity, eta)
Texas Attorney General Opinions
Texas Session Law Service
Texas Secretary of State Corp. Filings
Texas Law Reviews & Periodicals
Monthly Access Charge:
$600* -
*(includes 15 passwords)
ADD ONS:
Pro Plus: U.S. Supreme Court Cases
Fifth Circuit Cases
Texas Federal District Court Cases
U.S.C.A.
Monthly Access Charge:
$250*
*(includes 15 passwords)
s
~~e'_v~:~_....r...'.~-r....`.........~.r"...._uso~-'-rs.r_~~ n..... a1• _ _ .t '.t^"r _.t. _ ___..4.c _,L~~ _~i___
w
•
•
•
Texas Jurisprudence:
Monthly Access Charge:
$95
Additional Passwords:
$45
American Jurisprudence:
Monthly Access Charge:
$150
Additional Passwords:
75
American Law Reports:
Monthly Access Charge:
$200
Additional Passwords:
$100
All-States Case Law:
Monthly Access Charge:
$650*
*(includes 15 passwords)
All State Statues:
Monthly Access Charge:
$650*
*(includes 15 passwords)
Rio S ~z5
r..~,o►ww..,, • CiiA ~o.d... career. • leery.. c.~w.. r~eiry,o • wESnwvr • vw. a,er,e.,o
Alk
V.
o9
GROUP
All Federal Case Law:
Monthly Access Charge:
$1000*
*(mcludes 15 passwords)
Code of Federal Regulations/Fed. Register:
Monthly Access Charge:
$300*
*(includes 15 passwords)
Bill and Reg. Tracking Service (Texas):
Monthly Access Charge:
$45*
*(includes 15 passwords)
Wright and Miller Federal Practice and Procedure:
Monthly Access Charge:
$55
Additional Passwords:
Ap.
wESr
ceove
I s - ~1Gi~.
VIU
.e.d~O~YN..,i • Ci7A.ovd.a~ cam. • ,n.ryen Ca~oO.,dM,.I1bi~Miy • WERI~W' • MMM.~ .
• Ke cite - Full Writ History
Full Case Citations
Table of Authorities
Monthly Access Charge:
$125*
*(includes 15 passwords)
*Fourth Quarter Promotional Price:
Receive KeyClte - All for the price of KeyCite - Basic for 12
Months. Offer Expires 12-24-98.
.0
s
WEST
cxoue
~ i
.er+d.M11W... • a.~....... c,~. • i..,~, G.oa.... ~ • vVES,UH~. vw..,,e~,w,o
i
=Y FOURTH QUARTER 1998 PRa
Promotion expires 12-24-1998
KEYCITE
Receive KEYME-ALL for the price of KEYCITE-BASIC...
for 12 monthsl
Save $135 per Months
t~•P
ASV
WE.Sf
GROUP
DeSnitions:
KeyCite-Basic
Allows you to KeyCite or View the Table of Authorities
for any case decided by the courts of Texas.
KeyCite-Au
Allows you to KeyCite or view the Table of Authorities
of any case that appears on Wesdzw.
CD ROMMESTLAW PROMOTION
Ex vim M24-1998
On dngle orders that reach a mmni®um threshold amount, CD ROM or VMSIIAW
product(s) up to a specified value will have the first year charges waived. After the 12
month promotional period ends, current subsc6ption charges will apply.
To qualify for the promotional product, an order must have a m amounts The
following sales thresholds wdl be used to qualify for the promotional amounts:
Promotional Product Amount
Gross Order Amount
Month/Year
$2,000 - $3,500
$75/$900
$3,501- $6,500
$125/$1,500
$6 501 +
$18032160
vUl.
.o.~Mwiw., • OoA.u.~a. c...,~.. • aw.. caep.~.n ~ • wESMV~ . w„ a,er,~,
•
0
$2000 - 53500
(S75 Waiver)
WL Federal Lite $50
WL USCA S50
WL BNI $60
WL Legislative News S50
WL Bill & Reg Tracking $70
WL Wright & Mina S55
CD VATS S63
CD TX Admin Code $63
CD TX Rutter Group $38
CD TX Practice $60
CD McDonald $32
CD Texas Forms, L & B $58
CD Texjur P & P $69
CD TX Digest $30
CD USCA $75
CD Sup. CL $75
CD S° Cir $50
CD 5° Dist SSO
CD Federal Digest S50
CD Fed Reptr to '79 $70
CD Fed Sup to '79 $70
CD West Legal Forms $40
CD Federal Pro Forms $40
CD Federal Court Rules $40
CD Federal Procedure $65
CD Amjur Legal Forms $0
CD Aaljur POF $75
r
N
$3501- S6S00
(5125 Waiver)
WL Federal Lite $50
WL USCA $50
WL BNt $60
WL Legislative News $50
WL Bill & Reg Tracking $70
WL Wright & Miller S55
WL TexJur $95
WL Pro, Level it $120
WL CFR 5100
CD VATS $63
CD TX Admin Code $63
CD TX Rutter Group $38
CD TX Practice S60
CD TX McDonald $32
CD Texas Forms. L & B $58
CD Texjur P & P S69
CD TX Digest $30
CD TX Cases S95
CD TXJur $97
CD Amjur P& P Forms S"
CD ALR Fed S89
CD CFR S90
CD FRD S100
CD Fed Pro & Fotras $100
CD Restatement 5110
CD ALR S 119
CD USCA $75
CD Sup. CL $75
CD S` Cir $50
CD S` Dist SSO
CD Federal Digest S50
CD Fed Reptr to '79 $70
CD Fed Sup to '79 $70
CD West Legal Form $40
CD Federal Pro Forms $40
CD Federal Court Rules $40
CD Federal Procedure US
CD Am jur legal Forms $69
CD Aqjrrr POF $73
5 AQh,~...
,sao,Nll,in„ - Ck A wwdw . c~" - rte- C-wwq • we•.w•o . wESnAw' . w d rA66V
$6500+
(5180 Waiver)
WL Federal Lite $50
WL USCA $50
WL BNI SO
WL Legislative News $50
WL Bill & Reg Tracking $70
WL Wright & Miller S55
WL Texjur $95
WL Pro, Level U $120
WL CFR 5100
Wl Pro, S 150
WL Pro Plus. Level 11$170
WL Regional Case Law $180
WL All State Stats $150
WL Amjur 5150
CD VATS $63
CD TX Admix Code $63
CD TX Rutter Group $38
CD TX Practice S60
CD TX McDonald $32
CD Texas Forms, L & B S58
CD Texjur P & P $69
CD TX Digest S30
CD TX Cases S95
CD TXJur S97
qIIIDr
YESI
;R
OUP
CD Amjur S 129
CD TX Lit Library $157
CD AmJur P& P Forms $79
CD Amjur Legal Forms $69
CD Amjur POF S75
CD ALR Fed S89
CD CFR $90
CD FRD $100
CD Fed Pro & Forms SI00
CD Restatement $110
CD ALR $119
CD USCA S75
CD Sup. CL S75
CD S• Cir $50
CD 5° Dist S50
CD Federal Digest S50
CD Fed Reptr to '79 $70
CD Fed Sup to '79 $70
CD West Legal Forms $40
CD Federal Pro Forms $40
CD Federal Court Rules $40
CD Federal Pmodure S65
look
v
9
OTHER PROMOTIONS FOR BRAZOS COUNTY
lSHDISCOUNT:
A cash discount of 5% wdl be applied on all new orders of $500 or
more when full payment is received within 30 days from the date of
invoice.
*No discounts on current subscriptions.
2 ORDER DISCOUNT:
An order discount of 10% will be applied on orders of five (or more)
products.
*A promotional product cahoot be counted as part of the total mu nber
of products on the order.
Ak.
Ap.
wESr
CROUP
i~
woa►w+~.r • OOr~.eord.w. cab. ~oaV•d..,1lC,~.,, • WESMMr • wr. fn61...q
'S
ff.
~ d+.z.~1,..+ .w• - - ~l' "..~a~ - •r~•~,,. ~ - "rrY f t•rr.R.~ .1..~+(yr - - .:.aiu.~:.~....~~ _ ~
•
E
0
THIS PAGE
LEFT BLANK
INTENTIONALLY
VON_ ~ p A,
. a~..rs.s~.w+~+.~Y'~..~ww.4.~Y.i~.a AiraakL.1.:LLY+.~•`-- ~I.~J.wL..~w..su...•L.a..4.~•.JL.~~.r~i..l...~.~..erl]~~...+.sv. ~~..n.......+..r.... w....~ .~L...
THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
I
.
li
I
I / ~
BID TABULATION 99-013
FENCING SUPPLIES • ANNUAL CONTRACT
1?11519&1?H5199
BRAZOS BOTTOM
CONROE WOOD
HICKS POST
PRODUCER'S
TURNER, PIERCE
WOODSON
S&S FENCE
ah
( OPCARE
PRODUCTS
COMPANY
COOPERATIVE
AND FULTZ
LUMBER
COMPANY
FURROWS
IA
6ARffiDWIRE
100roa
10mlminwi rbdwhs
UAPdw
s 31.17
i 31.00
s 3725
S 34.45
S 3325
NIB
WB
ftd#t
NIB
Red Brand
1.0
23625
Red Brarrd Defender
1211224KF
R
1320
1320
1320
1320
1320
2A
SARBLESSWIRE
100 mb
10 ral min
tkdpdco:
we
i 301
i 29.00
5 32.50
i 32.45
i 2720
NIB
Skda
Red Brand
20
23635
0100 Red Brand
12128F
Fmd Per A*
132(r
1320
1320
1320
1320
3.0
METAL TEE POSTS
31
WTNPosts
1,000
wB
.
urdlpfics:
S 262
s 2.40
s 220
2.49es
S 224
Ns
NIB
if
3.0
SAY Soave post 1.33
512113AF
&2
r Too Poo
1.000
Unt Pdw
us
s 219
S 2.60
s 145
i2AS ee
s 255
Its
WB
A
32
SAY Sm*w post 1.33
7133AF
U
4.1
WOODEN POSTS
I6-vz odes
S 4.17
Ploats-.4000A
1AQ1
~
Pdac
s 36S
s 329
S3 99 ea
S 3.45
we
NB
S"It
1.1
2311
.4000.0
6121TPF
u
6)9•.I00G1
1,000
we
Ptb:
S 11.03
S 920
$ 9.50
110.5008
$ 9.50
NIB
NIB
S"lF
12
23
.4000A
86M
433
7'it-.4000A
1,000
NIB
~ p
s 13.60
$ 1120
s 1250
SIM es
S 1045
NIB
w8
4.3
AOCCA
87M
4./
6'.56' •.40 CCA
1,000
N1B
pfice:
i 1516
i 1420
S 13.50
$14-95 as
i 14.95
NIB
Nf8
p~
4.4
2379
.4000A
66TPF
i
i
1
i
R
3
t
t
r~
i
ti
1
Y
1
s
e
w V
THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
I
I
i
~1 r.r ..vw Ir Y.. .r~~7YR1F.o4irY~~iYk+uMi~lYMM1~~.~\ YN.,Y M Ia. .ar i~ i . . M ~f~'•r ''G'.. _ VM~11itl I
J
000010
t
1
r
i
. 1
t . 4
• 1
I
• I
TURNER, PIERCE WOODSON S&SFENCE
HICKS POST PRODUCER'S
BRAZOS BOTTOM CONROE WOOD FULTZ LUMBER COMPANY FURROWS l
PRODUCTS COMPANY COOPERATIVE AND g
aty CROP CARE
mn $1.000 WIN NIB to
S CEDAR POSTS
5.11' x 6.17 Cedar Posh 1,000 2.65fY 4.52 WB DO NOT STOCK
it .
2.3SWiRE s •
un1 Pica
Sbd t
N!B WB
5. A-117 1 A00 325 YARD POST 4'-6' 617 ~ DIIB 00 NOT STOCK NIB
S 1.52
235 WIRE POST f i
untPdm
Sbat
1.000 690 EACH 14A0 ~ 00 NOT STOCK
S3 6'xb' ~ -
S
Unk Pdm
Sbck t
1,000 990 EACH 00 NOT STOCK N/B NIB WJB 441
S./ ]'x6
Udt Pd=
Sb:k t
SS 6sr 1,000 10.9 U04 210 NIB DO NOT STOCK NIB NIB we
NIB
Udtp6m
Sbdi t. _ -*An ors post
bndwamb 1 '
Hicks Post COmPanY .1,42
ucers CooPera&e: 3.1,4.1, 4.2, 4.4
RECOMMENDATION: Prod ~ - •
$
~
Woodson Lumber 2.0.4.3
I
Conroe Wood Products: 5.14.5 ;pr
AWARD DATE: ,
I
.
PURCHASE OF HAUL TRUCK
FOR ROAD AND BRIDGE
BID TABULATION # 99-018
Hogan's Trucks
Unlimited Inc.
Haul Truck $ 79,126.23
Make and Model International
1999-F2574
Delivery: 180.210 days
Warranter 12 Months
RECOMMENDATION: Hogan's Trucks
AWARD DATE:
I
,r
G ~
!
PURCHASE OF TRACK LOADER FOR ROAD AND BRIDGE
BID TABULATION # 99.020
MUSTANG
TRACTOR
CARRUTH
DOGGETT
Track Loader
$ 123,080.00
NB
Make and Model
Caterpillar 953C
Track Loader
Delivery
115 days
Warranty
Complete Machine
12 mos. Powedrain:
60 months or 7,500
hours whichever
occurs first
• RECOMMENDATION: Mustang Tractor
AWARD DATE:
•
r
I
PURCHASE OF 14 YARD DUMP TRUCK
FOR ROAD AND BRIDGE
BID TABULATION 9 99.021
HOGAN'S
TRUCKS
n,p-Trvc ,
$ 69,743.08
Make and Model International
1999 Model F2574
Delivery 180-210 days
Warranty 12 months
RECOMMENDATION: Hogan's Trucks
AWARD DATE:
A6a~.44.
1 L+.-
k
t
7
A
PURCHASE OF TWO 7 YARD DUMP TRUCKS
FOR ROAD AND BRIDGE
BID TABULATION # 99-022
Qty
ALLEN JENSEN INC.
HOGAN'S TRUCKS
7 Yard Dump Truck
2
$ 45,772.00 $ 91,544.00
$ 45,401.06 $ 90,802.12
Make and Model
1999 GMC C71-1042
1999 International 4700
Delivery
150 days
270300 days
Warranty
2 yr. Unlimited on cab &
12 months
chassis. 3 yr 150,000 on
cat engine-see separate
warranty sheet
Exception:
• 5.190 HP electronic
31268 Caterpillar Parent
bore.
27. S.E.I. Body
RECOMMENDATION: HOGAN'S, TRUCKS
AWARD DATE:
•
i
r,
1 ,
PURCHASE OF ONE HAUL TRAILER
FOR ROAD AND BRIDGE
BID TABULATION # 99-025
01 RECOMMENDATION: HOGAN'S TRUCKS
AWARD DATE:
• Vii ~ AGi~►.~ • .
I
1
r
~ _ - --`-r.--1 -..O'3ri ~:Se.L:lagilS"+fiRJ .rr• ~ ~ i- , L. .xn. -yy'_ _ L-.w~ _-..._J,_. a._
HOGAN'S
TRUCKS
R.B.
EVERETT
One Haut Trailer
$ 24,024.00
$ 33,873.00
Make and Model
Kalym-FG W w/ Beavertail
Etny re RF35TL-T1
Delivery
. 180
120-150
Warranty
12 months
6 months
parts and labor
*Exceptions: 4.5:39-10
Option#1-No
61- Rear Loading
Option#2-No
7.2 20,280 Ibs/per axle
Option#14600
Option#2 $956
:I