HomeMy WebLinkAbout1994-09-06-0900AM-SpecialTHE FOLLOWING
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BRYAN. TzxAs E(•
AGENDA
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BRAZOS COUNTY COMMISSIONERS' COURT MEETING
THE COMMISSIONERS' COURT, WILL MEET IN SPECIAL SESSION- ON TUESDAY,
` SEPTEMBER 8. 1994 AT 9:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 BAST 48TH STREET, SUITE 1169 BRYAN,
.TEXAS. r
1. Invocation.
' 2, Pledge of Allegiance.
3,•, Consider and take action on budget amendments.
4. Request from Mr. Stephen Hanel to address Commissioners Court.
' S, Consider and take action on the appointment of Ralph A. Kern as a Regular
Deputy Constable for Constable Precinct 2.
8. Consider and take action on Contract between B. 1. Corporation and Brazos
County' regarding electronic monitoring services for Adult and Juvenile
Probation Departments.
7. Consider and take action on the approval to advertise for bids on two (2)
motor graders, one (1) excavator. and one (1) trailer for the Road and Bridge
Department. ;
8. Consider and take action on request from Speedway SWD Limited to install
parallel saltwater pipeline in county rigbt-of-way of Peach Creek Road in
Precinct 1.
9.Consider and take action on work outside county rights-of-ways for the
enhancement of county road projects in Precinct 1 and Precinct 4.
10. ' Consider and take action on personnel change of status.
11. Consider and take action on payment of Maims.'
12: 'Adjourn.
The building is wheelchair accessible. Handicap parking spaces are available. Any
request for sign interpretive services must be.made 48 hours before .the meeting.
To make arrangements call (409) 381-4102.
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COMMISSIONERS' COURT
SPECIAL MEETING
SEPTEMBER 6, 1994
A special 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 Monday, September 6, 1994, with the following members
of the Court present:
R. J. Holmgreen, County Judge, Presiding;
Gary Norton, Commissioner of Precinct 1;
Walter Wilcox, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Milton Turner, Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
The following citizens and officials were in attendance:
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Ruth McLeod
John Reynolds
Richard Vance
Bobby Riggs
Rita Watkins
Stephen Hanel
Dan German
James Marrow
John Blomberg
Al Jones
Patricia Meronoff
R. W. Hamilton, Jr.
David Patterson
Executive Assistant
Auditor
County Engineer
Sheriff
Sheriff's Office
Task Force
Juvenile Services
Constable Pct. 2
KBTX-TV
Brazos County Resident-
Bruchez, Goss et al
Speedway SWD
Bryan Police Department
Commissioner Sims gave the invocation and led the pledge
of allegiance.
The court next considered Budget Amendment #93/94-29,
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which would reallocate funds budgeted for the Task Force and
the Law Library and transfer funds from Non Departmental to
Adult Probation. On motion by Commissioner Wilcox, seconded
by Commissioner Turner, the Court voted unanimously to approve
the budget amendment as submitted, a copy of which is attached
hereto.
The Court next heard from Stephen Hanel, Commander of the
Brazos Valley Narcotics Task Force. He informed the Court of
a desire to transfer ownership to the City of Bryan of the
capitol equipment purchased for the Mounted Patrol. He
explained that due to a $150,000.00 cut in federal grant
funds, this area was being eliminated. He said that the Bryan
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Commissioners Court meeting September 6, 1994
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Police Department was committed to continuing the Mounted
Patrol Program if the county was willing to transfer ownership
of the capitol equipment and the nine (9) horses to the City
of Bryan. Mr. Hanel informed the Court that the Task Force
had received written permission from the Criminal Justice
Division of the Governors office to make this transfer but
that Commissioners Court permission was also necessary.-
On motion by Commissioner Sims, seconded by Commissioner
Norton, the Court voted unanimously to approve the transfer of
ownership of capitol equipment and nine (9) horses to the City
of Bryan.
The Court next considered a request from Constable
Precinct 2 James Marrow to appoint Ralph A. Kern as an unpaid
Regular Deputy Constable. On motion by Commissioner Sims,
seconded by Commissioner Norton, the Court voted unanimously
to approve the request from Constable Precinct 2 James Marrow
to appoint Ralph A. Kern as a unpaid Regular Deputy Constable.
The next matter before the Court was consideration of a
Contractual Agreement between Brazos County and the B.I.
Corporation for electronic monitoring services for the Adult
and Juvenile Probation Departments. Patricia Meronoff, legal
counsel for the Court, made several significant changes in the
contract. One change being that if the county cancels the
contract due to budgetary limitations, the county will give
the B. 1. Corporation the right of first refusal when the funds
are available to restart the program. On motion by
Commissioner Sims, seconded by Commissioner Norton, the Court
voted unanimously to approve the contract with B.I.
Corporation for electronic monitoring services for the Adult
and Juvenile Probation Departments.
The next matter for consideration -was approval to
advertise foi bids on two (2) motor graders, one (1) excavator
and (1) trailer for the Road and Bridge Department. On motion
by Commissioner Norton, seconded by Commissioner Turner, the
Court voted unanimously to authorize the Purchasing Agent to
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Commissioners Court meeting September 6, 1994
advertise for bids for equipment.
The Court next considered the request from Speedway SWD
Limited for a road bore and parallel saltwater pipeline
installation in the right-of-way of Peach Creek Road south of
its intersection with Peach Creek Cut-Off. The site is
located in Precinct 1. The County Engineer stated that all
appeared to be in order and recommended approval. On motion
by Commissioner Norton, seconded by Commissioner Sims, the
Court voted unanimously to approve the request of Speedway SWD
and authorized the installation. A copy of the request is
attached hereto.
The Court next considered authorizing work outside of
county rights-of-way for the enhancement of county road
projects and protect the welfare of the public. The Road and
Bridge Department requested permission to enter two (2)
properties. The first was the private property of Larry Lero
on Julie Circle to clear out a channel. The second was the
private property of Amy Tillery on Frontier Lane to dispose of
a dead horse. On motion by Commissioner Turner, seconded by
Commissioner Norton, the Court voted unanimously to authorize
the work.
` The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT REASON
McKenzie, Edward Emergency Manag. New Emp P/T
Toler, Jennifer Tax Office Resignation
Koronka, Louis Sheriff Office Sal Increase
Glidewell, Randy Sheriff Office Sal Increase
Ostiguin, Bennie Grants (PH) Sal Increase
` Ramirez, Russell Grants (STAR) Promotion
Thomas, Charles Grants (STAR) Grant Ended
Van Nice, Jennifer Grants (STAR) Grant Ended
Remo, Tiffany B. Grants (STAR) Grant Ended
Commissioner Sims.questioned the request for a step increase
for Randy Glidewell. He was informed that when he was hired,
there was no indication that he could not receive the step
increase. on motion by Commissioner Norton, seconded by the
County Judge, the Court voted unanimously to approve the
changes as submitted.
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Commissioners Court meeting September 6, 1994
The Court next considered the following Claims as
r submitted by the County Treasurer for payment:
10--GeneralFund--------- -----Claims-19559--thru-19770--
20--Road & Bridge -------------Claims-19985--thru-20062--
22--Road & Bridge II---------- Claims-19771--thru-19778--
30--Capital Projects & Improvements:
Proposition-I------- Claims-19779--thru-19780--
32--Records Mgn. & Presv------ Claims-19781--thru--------
40--LawLibrary---- ------Claims-19782--thru-19789--
60--Payroll-------- Claims-19849--thru-19871--
61--Health & Life Ins--------- Claims-19872--thru--------
90--Brazos County Grants------Claims-19873--thru-19979--
91--MPO-----------------------Claims-19880--thru-19982--
97--Marc. Traf. Task Force Claims-19983--thru-19984--
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On motion by Commissioner Turner, seconded by Commis-
sioner Norton, the Court voted unanimously to approve the
Claims as submitted.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners Court Meeting held
have been examined and approved in open Court
this the day of Pf~44S" , 19 A/l, in Bryan,
Brazos County, Texas.
4osimr
R.J. Holmgreen
County Judge
Walter-Wilcox
Commissioner, Precinct 2
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MiltonTurner-
Commissioner, Precinct 4
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Mary n ward
County Clerk
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THE FOLLOWING
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1993-1994 BUDGET YEAR
NO. 93/94-29
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On this the 6th day of September 1994 at a special meeting of the
commissioners' Court, the following members were present:
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R. J. Holmgreen, County Judge, Presiding
Gary Norton, Commissioner,,Precinct 1=
Walter Wilcox, Commissionei;•Precinct 2;
Randy Sims, Commissioner, Precinct 3=
Milton Turner, Commissioner,'Precinct 4s
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Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on September 6, 1994, the Court heard and
approved a* budget amendment for the 1993-1994 budget year for
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Brazos County, Texas.
WHEREAS, an expenditure is necessary due to the necessity to
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meet unusual and unforeseen conditions which could not be
reasonably included in the original budget adopted September 13,
1993, the following amendment(s). to the original are hereby
authorized, as described on the attached 1 page(s).
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ADOPTED AND APPROVED this the 6th day of September 1994, '
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: ,e. R. J. Holmgreen, County Judge'
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Original: County Clerk's Office and attached to the original
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Copiess county Auditor
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County Treasurer
Commissioners' Court Minutes
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Budget Amendment File
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Budget Amend. No. 93194-29
FUND DEPT ACCOUNT # ACCOUNT NAME INCREASE (DECREASE) REASON
Grants BVNTTF 97-M-5112 Other Salaries (28,600) Reallocate
97-M-5562 Confidential Funds 28,600 funds
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IN TO DEPT BUDGET 46.4 0
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Adult 10-33-CA18 Maintenance Contracts $300 Transfer
Probation from ND I `
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Non Depart 10-14-6672 Uncollsctable Taxes (300) Transfer
mental to AP I y
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Law Law 40-66-6521 Law Library 14,600 Re•lloca c '
library Library 40. WP-5M Contracted Services (14,600) funds
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Commissioners Court meting September 6,1994
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MONITORING SERVICE AGREEMENT
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This agreement ('Agreement') is made between BI INCORPORATED (061'), a Colorado corporation •
with Its principal place of business at 6400 Lookout Road, Boulder, CO 80301 and BRAZOS COUNTY t
JUVENILE PROBATION ('Customer') with its principal place of business at 300 East 26th Street, Suite
106, Bryan, TX 77803. This Agreement outlines the responsibilities of each party relative to k
operation of an Electronic Monitoring Program.
This Agreement by the stated parties is effective as of August 16, 1994.
WHEREAS, Customer has determined that a present need exists for the products and services set forth
in this Agreement, and
WHEREAS, Customer Is authorized to enter Into this Agreement by the laws and regulations to which
{ Customer Is subject; and
WHEREAS, Customer and 81 agree that the terms and conditions of this Agreement apply to the
products and services to be provided hereunder; and
NOW, THEREFORE, In consideration of the mutual covenants herein contained, the parties agree as
follows:
1. MONITORING SERVICES '
81 will provide the following monitoring services to Customer for Customer's operation of an electronic
r home detention monitoring program. The monitoring services provided hereunder are specifically
P designed to determine by electronic means the presence of a person at a specified location (typically
that person's place of residence). For the purposes of this Agreement, a participant Is defined as s
I person sentenced and subject to Customer's electronic home detention monitoring program
('Participant'). •
1.1. 81 will perform the functions of data entry and data storage for ail properly enrolled 1
Participants. The data entry function consists of the Input of all required demographic, curlew, and
system configuration information on each case Into the central host computer system.
1.2. BI will maintain twenty-four (24) hour, seven (7) days per week monitoring of Participants who
are properly enrolled hereunder by Customer.
1.3. BI will provide notification of Participant alerts to authorized and Identified Customer staff.
Alert notification will be in accordance with Section 2 herein or as agreed upon In writing by
` Customer and BI.
1.4. Alert and equipment status Information for each Participant will be documented and maintained
by 81. Upon a Participant's completion of the monitoring term, BI will archive a termination record
of all monitoring data compiled during the monitoring term. This record will be maintained by 81 for
a period of no less than five (6) years from the date of each Participant's termination.
1.6. BI will assume the financial responsibility of all long distance telephone charges associated
with Unit and central host computer communications.
I 2. 81 NOTIFICATION OPTIONS
t Standard notification options are set forth on the attached Exhibit A (the 'Notification Options'). The
Customer will select a default Notification Option for the enrollment of Participants (the 'Agency Level
Notification Option'). The selection and/or change by Customer of the Agency Level Notification
4 Option will be made In writing on BI's Agency Leval Notification Form. Unless otherwise specified by
f Customer at enrollment, Participants wW be assigned this Agency Level Notification Option by 81.
NIONBRAZOMOC Pa." t
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For any given Participant, Customer may select, at OnfOgment or during the monitoring term of such
Participant, a Standard Notification Option other than the Customer's Agency Level Notification Option.
IN NO EVENT WILL BI BE RESPONSIBLE FOR ANY LIABILITY INCURRED AS A RESULT OF
CUSTOMER'S SELECTION OF A NOTIFICATION OPTION OTHER THAN THE AGENCY LEVEL
NOTIFICATION OPTION.
Equipment status problems will be reported at the Customer's Agency Level Notification Option.
Notification information will be communicated by telephone or by facsimile transmission.
3. MONITORING SYSTEM
3.1. Description
The monitoring system utilized hereunder Is an active monitoring system consisting of a radio
frequency transmitter ('Transmitter'), a Field Monitoring Device ('FMD'), and BI's central host
computer system. Transmitters and FMD's are considered field equipment ('Units') and are issued
to the Participants by the Customer. The central host computer system Is located In BI's offices.
The Units communicate with the host computer system through the Participant's standard
telephone service.
3.2. Equipment
3.2.1 Supplied by BI
In the event Customer utilizes BI supplied Units and other equipment, then 61 shall supply a
sufficient quantity of Units to most Customer's need subject to forty-eight (48) hour notice '
prior to shipment. Customer agrees that it shall assist BI In forecasting Its Unit needs. All
Units or other equipment supplied by 81 shall be subject to all charges set forth In Section 8
herein, as applicable.
Customers utilizing BI supplied equipment shag be entitled to receive, at no additional charge, a
reasonable quantity of Unit supplies (batteries, latches, and straps) and a reasonable quantity of
installation kits (Unit activator, lead cutter, allen driver) to maintain Customer's active
monitoring program.
r 3.2.2 Supplied by Customer
` Customer may, subject to prior approval by BI, supply its own Units or equipment to be utilized
hereunder. Any such Unit or Item of equipment must be compatible with BI's host computer
monitoring system. Units and/or equipment supplied by Customer will not be subject to the
rental charges set forth In Section 8.1 and/or 8.2 herein. All other charges as set forth In
Section 8 we considered applicable and we payable by Customer in accordance with the terms
and conditions set forth in Section 8. In no event Is Customer entitled to Unit supplies
(batteries, latches, and straps) If It is supplying Units and/or equipment hereunder.
3.3. Freight
Unless otherwise set forth on Exhibit B, any shipment mdA by one party to the other hereunder will
be paid for by the party which Is making such shipment (F.O.B. Destination).
4 4. TRAINING
BI will supply Initial on-site training for Customer staff at no charge prior to the commencement of the l
monitoring program. The training shag be divided Into classroom-type and practical hands-on
Instruction. Customer may choose to expand this training Into aafditiongl and/or periodic training.
Actual out of pocket expenses for an additional and/or periodic training, including one BI staff person's
` travel, room, board, and miscellaneous expenses will be borne by Customer. Such travel expenses
t shall be based upon the Customer's personnel handbook for travel policy, Section 17.05.
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5. CUSTOMER'S OBLIGATIONS
Customer agrees as follows:
5.1. to retain complete authority for Participant selection and management;
5.2. to be responsible for all liaison woik with the Involved courts and/or agencies;
5.3. to provide to BI required Participant case and curfew information. This required information
includes essential demographic and case information as well as the establishment of daily curfews;
6.4. to Identify and make available Customer staff and/or equipment (fax, pager) for the purpose of
notification by 81 to Customer of Participant alerts and equipment status problems;
5.5. to perform or oversee Participant orientation and installation of equipment in compliance with BI
policy. BI policy establishes a specifically correct method of equipment installation. Participant
orientation, In accordance with BI policy, establishes equipment use guidelines. Customer will
ensure that equipment assignment responsibility forms are signed by the Participants;
5.8. to establish alert notification parameters, in accordance with Section 2 herein, and alert
response policy and to respond to alerts in accordance with that policy;
5.7. Unless otherwise set forth on Exhibit B, to pay for all costs associated with replacing lost,
stolen, or damaged Units and/or other equipment supplied by Bl. The cost to Customer for repair or
replacement of Units or other equipment shall be at BI's Hat price.
8. COST OF SERVICES
8.1. Unit Rental Charge
For every,Unit provided to Customer by BI, Customer shall pay to BI rent for each day In any given
month that a Unit Is In Customer's possession (the *Unit Rental Charge'). The Unit Rental Charge Is
as set forth on Exhibit B which Is attached hereto and Incorporated herein.
8.2. Additional Rental Charge
For any additional Items of equipment provided by 81, Customer shall pay to BI monthly rent for hem
of equipment in Customer's possession (the 'Additional Rental Charge'). The Additional Rental
Charge Is as set forth on Exhibit B which is attached hereto and Incorporated herein.
8.3. Monitoring Service Charge
For the purposes of this Agreement, an Active Unit is defined as a Unit which Is assigned to a
Participant and is being monitored by 81 (an 'Active Unit'). An Active Unit Day is defined as any
day, or any portion thereof, in which there is an Active Unit Ion 'Active Unit Day). Every Active
Unit is subject to a daily charge, the 'Monitoring Service Charge% as set forth In Exhibit B hereto.
For every Active Day, Customer shall pay to BI a monthly amount based upon the Monitoring
Service Charge.
8.4. Net 30
BI will Invoice Customer on a monthly basis for all charges incurred during the month. Payment
shall be made by Customer to BI within thirty (30) days of receipt of BI's Invoice. Interest on any
amount which Is past due shall accrue at the rate of 196 per month, or if such rate exceeds the
maximum rate allowed by law, then at such maximum rate, and shall be payable on demand.
8.5. Taxes
In the event any Item hereunder is found to be subject to taxation in any form, except taxes based ,
upon net Income, Customer will pay as the same respectively come due, all taxes and governmental
charges of any kind whatsoever together with any interest or penalties that may at any time be
MONBRAZO DOC
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lawfully assessed or levied against or with respect to such kern of equipment or services. In the
event Customer Is tax exempt, Customer agrees to supply BI with a tax exemption certificate.
7. TERM, TERMINATION, RENEWAL
The term of this Agreement Is for one (1) year (unless terminated as provided herein) from the effective
date of this Agreement. This Agreement, Its terms and conditions, and authorized amendments are
renewed automatically for succeeding periods of one 111 year each on the anniversary of its original
effective date unless otherwise terminated as provided for herein.
This Agreement may be terminated by either party upon written notification to the other party.
Cessation of services and responsibility doflnod in this Agreement may not take place loss than 80
days from the receipt of notification except In the event of neglect of responsibility by either party. No
termination may take place without this notification procedure.
All notifications In respect to this Agreement shall be In writing and signed by a duly authorized
representative of the party. Notification documents shall be sent by certified mail or delivered by
messenger.
Upon proper notification neither party shall be obligated to the other in any way outside those
responsibilities defined In this Agreement. Notwithstanding, upon completion of BI services, Customer
shall immediately return all property due to BI. In the event BI's Units, unused supplies and other such
property ore not returned in seven 17) days after the sixty day termination period above referenced,
Customer shall pay to BI, five dollars ($6.00) per Unit per day until BI has all such Units and other
property in Its possession. BI is entitled to full payment for services rendered and accepted by
Customer whether during the term of this Agreement or thereafter.
8. WARRANTY AND LIMITATION OF LIABILITY
BI warrants that, If the Customer fulfills its responsibilities hereunder, the service will perform and
function In the manner as specifically set forth In this Agreement. Customer will be responsible for the
proper use, management and supervision of the Equipment. Customer agrees that 81 will not be liable
for any damages caused by Customer's failure to fulfill these responsibilities.
8.1. Disclaimer of Warranty
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, BI EXCLUDES THE WARRANTIES OF
MERCHANTABILITY AND FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR
PURPOSE. BI EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICE OR EQUIPMENT IS
IMPERVIOUS TO TAMPERING. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED.
8.2. Damages
IN NO EVENT WILL BI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, EVEN IF BI HAS KNOWLEDGE OF THE POSSIBILITY OF THE POTENTIAL LOSS OR
DAMAGE, IN CONNECTION WITH OR ARISING OUT OF THE PROVIDING, PERFORMANCE, OR USE
OF THE SERVICE OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT.
8.3. Acts
IN NO EVENT DOES 81 ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ACTS THAT MAY BE :
r COMMITTED BY PERSONS AND/OR PARTICIPANTS THAT, THE CUSTOMER PLACES ON ITS
{ ELECTRONIC MONITORING PROGRAM.
E 8. INDEMNIFICATION COVENANTS
' 8.1. General
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BI will indemnify Customer from and against all liability resulting from the negligence or willful
misconduct of BI, Its employees and agents in the providing of the services set forth herein.
Customer will Indemnify 81 from and against all liability resulting from the negligence or willful
misconduct of Customer, Its employees and agents In the operation and use of the services as set
forth herein.
9.2. Acts
Because BI does not approve those persons and/or Participants selected by Customer for Customer's
electronic monitoring program, Customer agrees to Indemnify BI from and against all liability resulting
from the acts committed by those persons that Customer selects for Its electronic monitoring
i program.
' 9.3. The term 'liability' Includes but Is not limited to legal fees and expenses, penalties and Interest.
9.4. This Indemnification provision shall remain in effect even if:
9.4.1. Customer has made full payment under this Agreement; or
9.4.2. This Agreement is terminated.
! 10. INSURANCE
t Each party hereto shall maintain comprehensive general liability Insurance, including acts, errors or
omissions and contractual liability Insurance, In an amount not less than 11,000,000. Upon request,
the parties hereto shall furnish to the other a certificate of Insurance or other evidence that the required
i Insurance is in effect.
11. FORCE MAJEURE
BI shall not be liable for any delay in the performance any obligation due to Customer under this
Agreement due to any cause beyond 81's reasonable control, Including, without limitation, acts of God, ,
labor disputes, fire, natural phenomena or governmental restrictions.
12. GENERAL
Each party is obligated to protect the proprietary rights and trade secrets which must be revealed
during the course of business. Such obligation shall be for the term of the Agreement and five (6)
years thereafter. Protection shall be Interpreted as the use of such Information In a way deemed
detrimental to the other party. Publicly available Information shall not be considered proprietary.
This Agreement Is limited in Its scope to Its defined purpose. It in no way Implies that either party has
specific knowledge or bears responsibility for the business practices of the other party. All business
f practices and contract compliance outside the defined conditions of this Agreement and authorized
amendments are the sole responsibility of each party.
Any provision of this Agreement which is found to be prohibited by law shall be Ineffective to the
extent of such prohibition without invalidating the remainder of this Agreement. Preprinted terms and
conditions of any purchase order or other Instrument Issued by Customer In connection with this
Agreement which are In addition to or Inconsistent with the terms and conditions of this Agreement
will not be binding on BI and will not apply to this Agreement.
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13. GOVERNING LAW
This Agreement shall be governed by and construed In accordance with 'the taws of the Stets of Texas.
14. ENTIRE AGREEMENT
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The representations made in this Agreement constitute the entire agreement. No prior. or
contomporaneous negotiations, understandings, or agreements shall be valid unless In writing and
signed by authorized representatives of each party.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duty authorized
representatives, effective as of the date first set forth above.
(INCORPORATED BRAZOS COUNTY 356911.9-11
By
Printed Name: Jackie Chamberlin
Printed Title: Vice President. Finance
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By: k'gL_66A~
Printed Name: R.J. Bolmgreen
Printed Title: County Judge
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EXHIBIT A
to the
MONITORING SERVICE AGREEMENT
Dated August 16, 1994 ('Agreement")
between
BI INCORPORATED ('BI')
and
BRAZOS COUNTY JUVENILE PROBATION ('Customer')
STANDARD NOTIFICATION OPTIONS
OPTION 1
On a 24 hour, 7 day per week basis, all curfew and equipment status alerts in excess of thirty (30)
} minutes will be reported to Customer staff Immediately upon the completion of a thirty (30) minute
period from the occurrence of the alert or as soon as possible thereafter. All tampers and missed call
! messages will be reported to Customer staff within fifteen (15) minutes of the monitoring center's
receipt of those messages or as soon as possible thereafter. All other messages will be reported to
Customer the next day via facsimile transmission of the daily summary report. .
' OPTION 2
All tampers and missed call messages will be reported to Customer staff within fifteen (15) minutes of
! the monitoring canter's receipt of those messages or as soon as possible thereafter. All other
messages will be reported to Customer the next day via facsimile transmission of the daily summery
s report, Notification Option 2 applies seven 17) days per week, Including weekends and holidays,
OPTION 3
All atoms will be reported to Customw the next day via facsimile transmission of the dally summery
report.
Deviations from the Standard Notification Options may be made by written amendment to this Agreement,
signed by both parties hereto. Agreed upon deviations may subject the Customer to an Increase In the
Monitoring Service Charge.
MONOWO.000 .
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EXHIBIT B
to the
MONITORING SERVICE AGREEMENT
Dated August 15, 1994 ('Agreement")
between
BI INCORPORATED (0810)
and
BRAZOS COUNTY JUVENILE PROBATION ('Customer')
.
Pursuant to Section 8 of the Monitoring Service Agreement referenced above, the cost to Customer for the
services rendered by BI Is as follows:
CHARGES:
Unit Rental Charge: Not applicable for units provided by Customer.
$2.00 per day for units provided by BI.
Monitoring Service Charge.. $2.00 per day.
,
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BI INCORPORATED
t EQUIPMENT LEASE AGREEMENT
Agreement No. 81194C1, Effective Date: August 15, 1994 ('Agreement')
s
This AGREEMENT ('Agreement") is made by and between BI INCORPORATED, a corporation organized under the
laws of the State of Colorado, with its principal place of business at 8400 Lookout Road, Boulder, CO 80301 as
Lessor ('BI') and BRAZOS COUNTY, with Its principal place of business for the purposes of this Agreement at
Brazos County Juvenile Probation Department, 300 East 28th Street, Suite 108, Bryan, TX 77803 ('Lessee').
WHEREAS, Lessee has determined that a present need exists for the personal property, hereinafter referred to as
the 'Equipment", described in an Equipment Schedule attached hereto, and made a part hereof, and that It desires
to acquire the Equipment; and
WHEREAS, Lessee Is authorized to enter Into this Agreement by the laws and regulations to which Lessee Is
subject; and
WHEREAS, BI has agreed to arrange the funding for the acquisition of the Equipment; and
WHEREAS. Lessee and BI agree that the terms and conditions of this Agreement apply to the Equipment leased
hereunder; and
NOW, THEREFORE, In consideration of the mutual covenants herein contained, the parties agree as follows:
BI agrees to lease to Lessee and Losses agrees to lease from BI the Equipment described In the equipment
schedule(s) ('Equipment Schedule(s)'), attached hereto, which reference this Agreement by Its Agreement Number.
Should any conflict arise between the terms of this Agreement or any Equipment Schedule, the terms and
conditions of the Equipment Schedule shall control. The parties shall be bound by the terms of this Agreement,
BI's response to the RFP (the 'Proposal', incorporated herein by reference), and Brazos County's Request for
Proposal due In June 1, 1994 ('RFP', Incorporated herein by reference).
All payments shall be made payable to BI or Its assignees at the address designated by BI. The paymont term
('Term') for each Equipment Schedule shall be a set forth In each Equipment Schedule, subject to the Payments
Section of this Agreement.
1. COVENANTS OF LESSEE
Lessee represents, warrants for the benefit of 81 and Its assignees, as follows:
} 1.1. Lessee is a public body, duty organized and existing under the Constitution and laws of the state set forth In
its address above ('State'). Lessee will do or cause to be done all things necessary to preserve and keep In full
force and effect its existence as a body corporate and politic. Lessee is a political subdivision of the State within
j the moaning of section 103(c)(1) of the Internal Revenue Code of 1988, as amended (the 'Code'), or a
constituted authority to Issue obligations on behalf of s state or local government unit within the meaning of the
regulation promulgated pursuant to said Section of the Code.
i 1.2. This Agreement constitutes the legal, valid, binding and enforceable obligation of the Lessee In accordance
with Its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws^
1 affecting creditor's rights generally.
1.3. There Is no action, suit, proceeding, inquiry or investigation at law or In equity, before or by any court,
public board or body; further, to the best knowledge of the Lessee there is no pending or threatened action
against or affecting the Lessee, wherein an unfavorable decision, ruling or finding would materially or adversely
affect the transactions contemplated by this 'Agreement. All authorizations, consents and approvals of
governmental bodies or agencies required in connection with the execution and delivery by 'the Losses of this
Agreement or in connection with the execution and delivery by the Lessee of Its obligations hereunder have boon
obtained.
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ti 1.4. The entering Into and performance of this Agreement or any other documents or agreement contemplated
hereby to which the Lessee Is or Is to be a party will not violate any judgment, order, law or regulation applicable
to the Lessee or result in any breach of, or constitute a default under, or result In the creation of any lien, charge,
security Interest or other encumbrance upon any assets of the Lessee or on the Equipment pursuant to any
indenture, mortgage, deed of trust, bank loan or credit agreement or any other Instrument to which the Lessee is
a party or by which It or its assets may be bound except as herein provided.
I.S. During the term of this Agreement, the Equipment Mill be used by Lessee only for the purpose of performing
one or more governmental or proprietary functlons of Lessee consistent with the permissible scope of Lessee's
authority.
1.0. The Equipment is, and shall remain during the period this Agreement is in force, personal property, and when
subject to use by Lessee under this Agreement, will not be or become fixtures.
2. EQUIPMENT ACQUISITION
Lessee may order Equipment by executing and delivering one or more Equipment Schedules, subject to BI's
acceptance. In no event will the price for the Equipment exceed BI's standard list price.
3. LEASE TERM AND PAYMENTS
3.1. The acceptance date of the Equipment Schedule shall be the day upon which the Equipment described on
the Equipment Schedule is installed, ready for use and functioning properly In accordance with Its written
specifications, at Lessee's location (the 'Acceptance Date') and shall be Indicated by an executed Receipt and
Acceptance Certificate to the Equipment Schedule. Lessee shall pay rent for each Unit of Equipment (the 'Total
Monthly Payment'), and applicable state and local taxes, if any, from the Acceptance Date. The rental
Installment period of each Equipment Schedule Is a one month period of time beginning on the first day. of the
month (the 'Rental Installment Period'), and the Total Monthly Payment due therefor shall be as specified on
each Equipment Schedule. Lessee shall pay rent in the amount specified as interim rent on the Equipment
Schedule ('Interim Rent') for the use of the Equipment from and Including the Acceptance Data to the first day of
the Rental Installment Period following the Acceptance Date (the 'Commencement Date'). The Term of each
Equipment Schedule shall commence with respect to the Equipment described thereon upon the Commencement
Date and shall continue for the number of months specified In the Equipment Schedule and any and all extensions
thereof (the 'Term'), unless terminated earlier under the provisions hereof. Lessee's obligation to pay rent and
any other amounts owing pursuant to each Equipment Schedule shall be absolute and shall be made without
notice, demand, abatement, deduction, or setoff of any amount.
3.2. The Total Monthly Payment Is due upon the last day of each Rental Installment Period. If any Total Monthly
Payment is not received by BI or the Assignee(s) when due, or if any obligation of the Lessee under any
Equipment Schedule Is not satisfied or performed by Lessee when required and BI performs or satisfies such
obligation (which in no event shall relieve Lessee of its responsibility for the performance of such obligation), or if
BI Incurs any liability, costs or expenses because of any breach by the Lessee of any of Lessee's obligations
under any Equipment Schedule and such is not discharged or reimbursed to BI by the Lessee, then Lessee shall
pay a late charge ('Leto Charge') of one percent (I%) per month, but not to exceed the lawful maximum rate the
Lessee Is permitted by law to pay, and thereafter shall pay a like charge as of each such succeeding Rental
Installment Period until such overdue Total Monthly Payments or obligations and Late Charges are paid. All such
obligations, Including Late Charges, shall be deemed additional rent and shall be due and payable on the due date
of the next Rental Installment Period or the last day of the Term, whichever is earlier. Further, Lessee agrees that
BI may withhold warranty or any other service to Lessee if Lessee's account with BI Is delinquent.
3.3. Lessee shall pay all Payments to BI or its assignees as hereinafter provided the amounts set forth in an
Equipment Schedule. Payments for each Equipment Schedule shall begin 30 days after the Commencement Date
as set forth on the Equipment Schedule.
3.4. Lessee reasonably believes that funds are available or can be obtained sufficient to pay all Payments and
other sums due or to become due under each Equipment Schedule. Lessee hereby covenants that It will do all
things lawfully within Its power to continue this Agreement and each Equipment Schedule for Its Payment Term,
and to obtain and maintain funds from which Payments and other sums may be paid, Including making provisions
for such Payments to the extent necessary in each budget submitted for the purpose of obtaining funding, using
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Its bona fide best efforts to have such portion of the budget approved, and exhausting an available reviews and
appeals In the event such portion of the budget Is not approved.
3.5. Notwithstanding anything contained in Paragraphs 18 or 17 of this Agreement to the contrary. If all the
following events, listed as (3.5.1) through (3.6.6) below, shall have occurred with respect to an Equipment
Schedule and BI has received a written opinion from Lessee's counsel verifying the occurrence of said events,
BI's only remedy for the occurrence of any event of default hereunder or under an Equipment Schedule shall be to
take possession of the Equipment (which Lessee agrees to return, transportation and carting pro-paid, to BI's
principal place of business as set forth herein); provided, however, that no termination of an Equipment Schedule
shall occur unless Lessee has notified BI or Its assignee(s) that the provisions contained below have been
complied with: '
3.5.1. Funds were not appropriated for any fiscal period of Lessee's during the Payment Term of the Equipment
Schedule in an amount equal to the Payments due during such fiscal period of Lessee's for the acquisition of
services and functions which in whole or in part are essentially the same services and functions for the
performance of which the Equipment was acquired, and
3.6.2. Written notice thereof was given to BI within ten (10) days of adoption of the final budget for such fiscal
year of Lessee's, and
3.5.3. Lessee has made a good faith effort to pursue alternate funding sources for the continuation of
Payments due under an Equipment Schedule, and
3.5.4. Lessee property and In a timely manner requested sufficient funds to satisfy the obligations due under an
Equipment Schedule in each such subsequent fiscal period of Lessee's, and Lessee diligently pursued and
exercised all reasonable efforts to obtain such funds from the government body which controls such
appropriations, and
3.6.5. Lessee has paid all Payments due under an Equipment Schedule during the fiscal period of Lessee's
Immediately preceding the fiscal period of Lessee's for which sufficient funds were not appropriated.
3.5.8. If the Lessee terminates an Equipment Schedule because of non-appropriation of funds In accordance
with the above or due to a default prior to the expiration of the Payment Term, until the expiration of this
Agreement or the Expiration of said Equipment Schedule, Lessee shall not purchase, lease or rent equipment
performing functions similar to those performed by the Equipment covered by said Equipment Schedule without
first allowing 81 the first right of refusal to reimplement the cancelled Equipment Schedule and re-install the
cancelled Equipment.
4. TAXES
Unless Lessee provided BI with evidence necessary to sustain an exemption therefrom, Lessee agrees to pay, when
due, all license or registration fees, gross receipts, taxes, assessments, charges, and sales, use, property, excise
and other taxes now or hereafter imposed by any governmental body or agency upon the Equipment or the use
thereof, other than taxes on or measured by the net Income of BI. Any fees, taxes or other lawful charges paid by
BI or its assigns for the account of Lessee shall become immediately due from Losses to 81 or Its assignees.
5. QUIET ENJOYMENT
Payments pursuant to an Equipment Schedule entitle Lessee to unlimited use of the Equipment set forth on that
Equipment Schedule and to operate the Equipment for any period of time at Lessee's convenience (exclusive of
time required for preventive and remedial maintenance). Notwithstanding any assignment, transfer or grant by 81
of any of its interest hereunder, and so long as the Lessee shall not be in default under an Equipment Schedule and
hereunder, Lessee shall have the right to quietly possess the Equipment subject to the provisions under, the
Equipment Schedule and hereunder. ,
8. LIENS
Lessee shall not directly or Indirectly create, Incur, assume or suffer to exist eny mortgage, pledge, lion, charge,
encumbrance or claim on or with respect to the Equipment, except with respect to the respective rights of 81 or Its
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js(gnps, and the Lessee shall properly. at he own expense. take such action as may be necessary to discharge
any mortgage, pledge, lien, charge, encumbrance or claim not excepted above if the same shall arise at any time.
7. COMPLIANCE WiTH LAWS AND RULES
Lessee agrees, for the benefit of BI and he assignees, to comply In all respects (including, without limitation, with
respect to the use, maintenance and operation of each Item of the Equipment) with all laws of the jurisdictions in
which Its operations Involving the Equipment may extend and any legislative, executive, administrative or judicial
body exercising any power of jurisdiction over the Equipment; provided, however, that Lessee may contest In good
faith the validity or application of any such law or rule In any reasonable manner which does not adversoly effect
the title to the Equipment, or the security Interest therein or lien thereon created hereunder, or BI's or Its assignee's
Intorpst or rights under this Agreement or an Equipment Schedule.
S. ALTERATIONS
Losses agrees not to add attachments, features or devices to the Equipment furnished under an Equipment
Schedule or make changes or alterations to the Equipment without the written consent of BI In each case. Lessee
agrees to remove any alterations or attachments before the Equipment is returned to BI and agrees to pay BI for
any charges to restore the Equipment to its original condition (normal wear and tear excluded).
8. MODIFICATIONS TO EQUIPMENT
By agreement between 61 and Lessee, changes in the configuration of Equipment described herein may be made
prior to the date of shipment. After Equipment installation, model upgrades and additional features may be ordered
in writing by Lessee for lease under this Agreement, for installation on the Equipment, subject to availability and to
the prices in effect at the time of Installation. A model upgrade is defined as a conversion of a unit of Equipment
from one model to another model, not requiring a serial number change. A feature addition is defined as a
modification to a Unit which provides additional capabilities and/or performance. The warranties on such model
upgrades and features will be limited to the unexpired warranties on the unit of Equipment in which upgrades or
features are Installed
10. DELIVERY AND TRANSPORTATION CHARGES
BI will make all arrangements for transportation and handling of Equipment and Software Products from BL
Shipping will be F.O.B. Destination. Lessee shall prepay transportation and handling charges on the Equipment
upon return to BI or its designee. Shipping and packaging methods will be in accordance with BI's standards,
consistent with the nature of the Equipment and the hazards of transportation and handling.
11. WARRANTIES
11.1. STATEMENT OF WARRANTY
BI INCORPORATED WARRANTS THAT THE EQUIPMENT WILL CONFORM TO THE APPLICABLE BI
INCORPORATED PRODUCT SPECIFICATIONS FOR THAT EQUIPMENT AT THE TIME OF SALE. Product
spocifications are available to Lessee upon request at the time of sale. OTHER TERMS AND CONDITIONS
PERTAINING TO THE WARRANTY OF THE EQUIPMENT MAY BE SET FORTH ON AN EQUIPMENT SCHEDULE
TO THIS AGREEMENT.
11.2. DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THE APPLICABLE BI SPECIFICATIONS, BI INCORPORATED
SPECIFICALLY EXCLUDES THE WARRANTIES OF MERCHANTABILITY AND FITNESS OF THE EQUIPMENT FOR
A PARTICULAR PURPOSE. BI EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE EQUIPMENT IS
IMPERVIOUS TO TAMPERING. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED. ,
I 11.3. DAMAGES
k IN NO EVENT WILL BI INCORPORATED BE LIABLE FOR ' ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, EVEN IF BI HAS KNOWLEDGE OF THE POSSIBILITY OF THE POTENTIAL LOSS
' E OR DAMAGE, IN CONNECTION WITH OR ARISING OUT OF THE PROVIDING, PERFORMANCE, OR USE OF
. EQUIPMENT PROVIDED UNDER THIS AGREEMENT.
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11.4. ACTS (Applicable Only To Lessees Utilizing Electronic Monitoring Equipment)
IN NO EVENT DOES BI INCORPORATED ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ACTS THAT MAY
BE COMMITTED BY PERSONS THAT THE LESSEE PLACES ON ITS ELECTRONIC MONITORING PROGRAM.
12. USE
Lessee shall use the Equipment in a careful and proper manner, in compliance with all applicable laws and
regulations, and shall maintain the Equipment in good repair, condition and working order. Lessee will be 1
responsible for the proper use, management and supervision of the Equipment. Lessee agrees that BI will not be
liable for any damages caused by Lessee's failure to fulfill these responsibilities. Losses shall not do, and will take C
reasonable precautions to prevent other individuals from doing anything whereby any part of the Equipment shall be
physically damaged or destroyed or 81's or Its assignee's security interest in the Equipment shall be legally
prejudiced.
Upon the expiration or early termination of an Equipment Schedule, Lessee shall return the Equipment in good
condition, reasonable weer and tear excepted. The Equipment shall not be moved or relocated from the location
shown on an Equipment Schedule without the prior written consent of BI, which consent shall not be unreasonably '
withhold.
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13. LIMITATION OF LIABILITY
BI will not be liable for any loss or damage caused by delay in furnishing products, services or any other
performance under this Agreement beyond its control. The sole and exclusive remedies for breach of any and all
warranties and for BI's liability of any kind (including liability for negligence) for the Equipment and services covered
by this Agreement and any Equipment Schedule and all other performance or nonperformance by BI under or
related to this Agreement or any Equipment Schedule are limited to the remedies provided In this Agreement. This
!imitation of Bl's liability does not apply to claims for personal Injury and damage to tangible personal property
owned by third parties caused solely by 81's negligence.
e
} 14. PATENTS AND COPYRIGHTS
BI will defend or will have a third party defend any suit brought against Lessee based on a claim that the
Equipment, HES System 600 software and the Sun Microsystem's operating system (the 'Software Products') or
any part of either, furnished under this Agreement infringes any patent or copyright of the United States, If notified
promptly In writing of any claim of infringement and given authority, information, and assistance (at 81's, or such
third party's expense) to handle the claim and for the defense of any suit or proceeding, and will pay all damages
and costs awarded against Lessee. If there is a claim, or if in 81's opinion a claim is likely to occur, Lessee agrees
to permit BI (or a third party), at its expense and at its option, either to procure for Lessee the right to continue
4 using the Equipment, Software Product or any part of either, or replace it with non-Infringing equipment; or, If none
f of the above is appropriate, in the event of I) lease: remove the Equipment at no cost to Lessee except for charges
accrued until the Equipment Is removed; 11) purchase: grant Lessee a credit for such Equipment or part In
accordance with the then applicable BI depredation policy and accept its return; iii) license: terminate the license at
no cost to Lessee except for charges accrued until the Software Products are removed; or h+) services: terminate
the service at no cost to Lessee except for charges accrued until the date of termination.
I BI has no obligation or liability under this Agreement or any Equipment Schedule for any claim based on the use of
the Equipment, Software Products or parts of either, with equipment, software or devices not delivered by BI or
when used in a manner for which they were not designed or where modified by or for Lessee In a manner to
become infringing.
16. EVENTS OF DEFAULT
! A default under any one Equipment Schedule shall not constitute a default under any other Equipment Schedule.
Lessee shall be deemed to be in default under an Equipment Schsdul upon the occurrence of any of the following
events:
18.1. Losses shall fail to make any Payment, or to pay any other sums required to be paid thereunder, or
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Itil Lessee shall fall to keep any other tome, covenw a or conditions contained herein or under an Equipment
Schedule.
-18. REMEDIES
Upon the occurrence of an event of default hereunder or under an Equipment Schedule, and Lessee shall fail to
remedy such event of default with an reasonable dispatch within a period of thirty (30) days from the date of
receipt of written notice from 81 declaring such default, then BI or Its assignees shall have the right to, at its option
without any further demand or notice, to pursue any one or more of the following remedies:
18.1. By written notice to Lessee declare en amount equal to all Payments due during the then applicable fiscal
period of Lessee's to be immediately due and payable and Lessee shall have the obligation to immediately return
the Equipment, transportation prepaid, to BI or Its designee In lieu of Payments which would otherwise be due
beyond the fiscal period of Lessee's then in effect.
18.2. Enter upon the premises where the Equipment Is located and take possession of the Equipment, enforcing
the Agreement or terminating the Agreement; and upon repossessing the Equipment, sell or lease the Equipment,
or soil It for the account of BI and Its assignees, holding Lessee liable for all Payments due to the effective date of
such selling or leasing and for the difference In the purchase price, rental and other amounts paid by the
purchaser or lessee pursuant to such sale or lease and the amounts payable by Lessee due during the Original or
any Renewal Term.
18.3. Take whatever action at law or in equity which may appear necessary or desirable to collect the Payments
then due and thereafter to become due hereunder or under an Equipment Schedule during the then applicable
fiscal period of Lessee's, or to enforce performance and observance of any obligation, agreement or covenant of
Losses under this Agreement or an Equipment Schedule including payment of any amounts which Lessee shall fail
to pay (such as Insurance premiums, cost of repairs, taxes or any other cost due by Lessee hereunder)- any of
which Payments when made becoming an additional obligation of Lessee to BI and Its assignees under this
Agreement. 81 and Its assignees shall also be entitled to recover all costs and expenses, including Attorney's
fees, incurred In connection with the enforcement of any rights or remedies of BI or its assignees against Lessee.
17. ASSIGNMENT BY 81
This Agreement and the obligation of the Lessee to make Payments under an Equipment Schedule may be assigned
In whole or in part by 81 at any time without the necessity of obtaining the consent of the Lessee. Lessee agrees
to make all Payments to the Assignee designated by BI notwithstanding any claim, defense, set off or counterclaim
whatsoever (whether arising from a breach of this Agreement or otherwise) that Lessee may from time to time
claim against 81 or the Assignee. Lessee agrees to execute all documents, including notices of assignment and
chattel mortgages or financing statements, which may be reasonably requested by 81 or Its assignee to protect their
interest in the Equipment and In this Agreement.
18. SUBLEASING BY LESSEE
This Agreement and the Interest of the Lessee In any Equipment may not be sold, assigned, encumbered, or sublet
by the Lessee without the prior written consent of BI or Its assignees; such consent not to be unreasonably
withhold.
19. LOSS OF EQUIPMENT
19.1. RISK OF LOSS
Lessee shall bear the entire risk of the equipment being lost, damaged, destroyed or rendered permanently unfit
or unavailable for use upon its arrival to Lessee and until It Is surrendered to BI in accordance with Section 11
hereof.
19.2. DAMAGE/EVENT OF LOSS '
11) In the event any Item of Equipment Is damaged to a material extent by any occurrence whatsoever, reasonable
weer and tear excepted, Lessee shall promptly notify 81 and shall at its cost and expense repair such Equipment
to its original condition. iii) In the event any Item of Equipment shall be lost, stolen, destroyed, damaged beyond
repair or rendered permanently unfit or unavailable for use (through a governmental taking or any other event), for
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` any reason whatsoever (any such occurrence being referred to as an `Event of Loss'), Lessee shall promptly
notify BI and shall at its cost and expense replace such Equipment with one of like or Improved and similar kind.
Title to such replacement Unit of Equipment shall immediately vest and remain with BI or Assignee(s) and such
Unit shall be subject to the Equipment Schedule applicable to the original Unit of Equipment. Lessee shall
continue to pay the Monthly Rental Payment without Interruption.
19.3. DISPOSITION OF INSURANCE PROCEEDS
The proceeds of Insurance with respect to damage to an Item of Equipment, shall unless an event of default
hereunder has occurred and Is continuing, be applied to such repair or replacement or to the reimbursement of
Lessee for the cost of such repair or replacement. In no event shall rent abate hereunder.
20. INSURANCE
' 20.1. COVERAGE
e
Lessee will insure for the following risk with Insurers of recognized responsibility: (1) All risk of loss and physical
damage to the Equipment Including, but not limited to coverage for earthquake and flood, against actual or
constructive loss or damage to the Equipment In an amount not less than the replacement cost of the Equipment.
(ii) Comprehensive public liability and property damage Insurance with respect to the condition, possession,
maintenance, operation, and use of the Equipment, In any matter whatsoever.
20.2. DELIVERY OF CERTIFICATES
i
Lessee shall deliver to BI and any Assignee(s) a valid Certificate of Insurance for each such Insurance policy upon
the execution thereof and a Certificate of Insurance for each renewal policy not less then 30 days prior to the
expiration of the original policy or any renewal policy. Such Insurance shall (I) Include as additional parties
Insured and lose payees BI and any Assignee(s) of whom Leases has notice, (t) provide that such insurance shall
not be materially changed or cancelled without at least 30 days notice to BI and such Assignee(s), and (111)
provide that such policy shall not be Invalidated by any negligence of, or breach of warranty by, Lessee. Upon
the request of BI, Lessee shall provide any additional data related to the Insurance as BI reasonably requests.
21. INDEMNIFICATION COVENANTS
21.1. GENERAL
BI will Indemnify Lessee from and against all liability resulting from the negligence or willful misconduct of BI, Its
employees and agents in the manufacture and delivery of the Equipment. Lessee will Indemnify B) from and
against all liability resulting from the negligence or willful misconduct of Lessee, ks employees and agents In the
operation and use of the Equipment.
21.2. ACTS (Applicable Only To Lessees Utilizing Electronic Monitadng,Equlpment)
Because BI does not approve those persons selected by Lessee for Lessee's electronic monitoring program,
Lessee agrees to indemnify BI from and against all liability resulting from the acts committed by those persons
that Lessee selects for Its electronic monitoring program.
21.3. The term 'liability' Includes but Is not limited to legal fees and expenses, penalties and Interest.
21.4. This Indemnification provision shall remain In effect wen If:
21.4.1. Lessee has made full payment under this AgreomerM or
21.4.2.This Agreement Is terminated.
23. NOTICES ,
All notices to be given under this Agreement or an Equipment Schedule shag bs made in writing and delivered by
courier or mailed by certified U.S. mail, postage prepaid, to the other party at ks address set forth herein or at such
address as the parties may provide in writing from time to time.
• 24. MISCELLANEOUS
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Printed Title: (Ice President. Finance
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This Agreement, together with Equipment Schedules and Exhibita hereto and thereto, Including the Proposal and
RFP, which are incorporated herein by reference, constitutes the entire Agreement between the parties and this
Agreement or an Equipment Schedule shall not be modified, amended, altered or changed except In writing signed
by Lessee and BI or Its assignees. Any provision of this Agreement or an Equipment Schedule found to be
prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this
Agreement. Preprinted terms and conditions of and any purchase order or other Instrument Issued by Lessee in
connection with this Agreement or any Equipment Schedule which are In addition to or inconsistent with the terms
and conditions of this Agreement will not be binding on BI and will not apply to this Agreement. Subject to the
specific provisions of this Agreement or an Equipment Schedule, this Agreement and all Equipment Schedules shall
be binding upon and inure to the benefit of the parties and their respective successors and assigns.
This Agreement supersedes all prior oral or written proposals and communications related to this Agreement
between the parties. Lessee acknowledges that it has not been Induced to enter into this Agreement by any
representations or statements, oral or written, not contained in this Agreement.
No action under this Agreement may be brought by either party more than two years after the cause of action has
accrued or in the case of an action for nonpayment, more than three years from the date the last payment was due.
Lessee agrees not to relocate any Equipment or products, if BI has a maintenance responsibility or has retained any
Intorost in It, except In an emergency, without prior written consent. BI will not unreasonably withhold Its consent.
25. ADDITIONAL PROVISIONS
In witness whereof Lessee and BI have caused this Agreement to be executed by their respective officers, hereunto
duty authorized, all as of the day and year first above written.
THIS AGREEMENT SHALL NOT BE EFFECTIVE UNTIL EXECUTED BY LESSEE AND ACCEPTED 13Y AN
AUTHORIZED REPRESENTATIVE OF BI AT ITS PRINCIPAL PLACE OF BUSINESS.
I INCORPORATED BRAZOS COUNTY
By. ~
Printed Name: .-Jackle Chamberlin Printed Name: R.J. Holmgreen
Printed Title: County Judge
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EQUIPMENT SCHEDULE NO. 1
• TO THE
EQUIPMENT LEASE AGREEMENT NO. 81194C1, EFFECTIVE DATE August 15, 1994
('Agreement')
BETWEEN
BI INCORPORATED as Lessor 1'BI') AND
BRAZOS COUNTY ('Lessee')
1. EQUIPMENT DESCRIPTION: One (1) 50.6001 System 600 Host Computer, one 11) 50-6061 remote printer, one (1) 60-
8093 printer cable, thirty-five 135) 90.9000 BI 9000 Field Monitoring Devices, thirty-five 135)
90-9010 619010 Transmitters, two (2) 909020 BI 9020 Drive-81 Monitors, nine (9) spare BI
9010 Transmitters, one 11) spare BI 9000 Field Monitoring Device, eight hundred (800)
additional spare* 90-9011 latch pairs, and eight hundred (800) additional spore 909013 straps,
as further described in the Receipt and Acceptance Certificate(s). The Equipment Is subject to
,the applicable warranty sheet which Is attached hereto and Incorporated herein.
2. COMMENCEMENT DATE: The first day of the calendar month immediately following the Data of Acceptance as sat forth In
the Receipt and Acceptance Certificate.
r~ 3. FIRST PAYMENT DATE: The last day of the calendar month In which the Commsncsment date occurs.
4. LEASE PAYMENT DATES: Monthly In arrears
5. TERM: 35 Months
8. TOTAL MONTHLY PAYMENT: $3,577.00
7. INSTALLATION ADDRESS: Brazos County Juvenile Probation Department
300 East 26th Street, Ste. 105
► Bryan, TX 77803
8. TERMS & CONDITIONS: The terms and conditions of the above{aferei ad Agreement and that Receipt and Acceptance
Certificate are Incorporated herein by reference.
Provided Lessee Is not In default hereunder. Lessee shall have that option to purchase the Equipment listed herein for $1.00 at the
expiration of the term hereof.
8. CHATTEL PAPER: This original Equipment Schedule shall constitute one base and together with a machine copy of the executed
Agreement referenced herein, shall constitute *Chattel Paper' or other 'Collaterd' within the meaning of the Uniform Commercial
! Code in any jurisdiction.
THIS EQUIPMENT SCHEDULE SHALL NOT BE EFFECTIVE UNTIL EXECUTED BY THE LESSEE AND ACCEPTED BY AN AUTHORIZED
REPRESENTATIVE OF LESSOR AT ITS PRINCIPAL PLACE OF BUSINESS. LESSEE REPRESENTS THAT IT HAS READ THIS
EQUIPMENT SCHEDULE, HAS RECEIVED AND RETAINED A COPY OF THIS EOUIPMENT SCHEDULE, UNDERSTANDS THIS
EQUIPMENT SCHEDULE, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LESSOR AND LESSEE AGREE THAT
THIS EQUIPMENT SCHEDULE TOGETHER WITH THE EQUIPMENT LEASE AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT
BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND THAT THIS EQUIPMENT SCHEDULE
SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN, ALL PREVIOUS NEGOTIATIONS AND ALL OTHER COMMUNICATIONS
BETWEEN LESSOR AND LESSEE WITH RESPECT TO THE SUBJECT MATTER HEREOF.
Accepted by BI Incorporated: By execution hereof, the sigma hereby certifies that signor Is
duly authorized to execute this Schedule on behalf of Losses.
IINCORPORATED
C/
Printed Name: Jackie Chamberlin
BRAZOS COUNTY
By: 44t! .r..~~
Priltatd Nark: l0- B0129TOan
'
Printed Tills: _ President. Finance Frilled Tide: CoiliCJt judge
Vice ~
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B180hW zWRfW-S!Sn !600
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SOFTWARE LICENSE. WARRANTY AND SUPPORT
sotrrWARS UCLNSZ
W Hans EscortO1 system 600 Sanw- (ma 'Sa h-10 is sernned (04 90111) to Oast®r Bova the witsl dW=u dds an a perpenral basis unless odwwm
to udcood (tho'tiomee Tarim Soewra v '-,d " draklied by Tali or say cow pony, onclo8s all or say pan at Ot in aopia tads by or for Outomw. (ti) related
Wppwftg motaialr amd (iii) that pordas of the Software whwb varybo port of mod8edioos or delirdira developed by ar thr O oenow.
L Use. Dtariag do Liege Term Bt pum Cotomar a personal. R-M and mom aoedt>av. soense, with no rig% to aeab8omw, to user the Softwom Bt reserves dw
right to limit the user of do Sot warn to a specific computer desitptatad by po&Kk stroll and setial number Unles otlwwisa speci era r within die Software or
ib aocub=(e). Cusmmr vary rot, -co far arehivo paP- l7 distrtbetts. snbliotass err Dopy my Portion of the Serftwata (6) arodef)r, daoarpile. disassaobla,
deerypt, extractor otherwise ravens smgaresr the Software. (w) transfer the Softwo a and Iiamte toanother pony. (n) pepsin dwivsarre watt Jim Ile Software. (v)
trumw ow SaBwore dectronralh by .cep --%6 or (vi) user de Soft- in ttaehcmMumf or 101111 is ear wran6en ceft unless that use is ewvtrtd by
indiviok•W Boerne for rub Computer of user. Olhr rreft ratrktioas or docirsnoas pertaining to are Saftwore my bs gocafied an or within Software Produns or
thelr comama(0
L eemerwl • Customer spins des an Safiwrn belongs an BI or Btf suppliers and it shad keep cordsdmeial and ease its bat dfarb to pevmt and protect the coasts
of do Software and sop maaass for doer Software Rom mtarthorined disciowae or user. Otaoinces liaese(s) Vvoioaes for the Softwaa. (a) upon Customer's
ttrminadoo of an Equepned sdtodule which includes the Softwam (u) if when On Software is fWn6hed form an ~eafied egATn ertt• then whey Cunomor no
hugs has Poteesaion Of ttat CTAO r M of (tu) if Ctansermr faels to aempfp wkb o o se k= and oondhiam upon lammwom of the lioenaa Customer apnea to
either (i) promptly and wkhwa demand remas der Sadwate to 81, or (ii) desiroy soy and all copies of the SoRwra
A Lkerned Poptrlodon - The liaatned poputaaim shad be ddmed as the foal q uady of Seld monitoring device which tier CLaamr s coiled b momitor under
the Saftwus liana ( Ow'Liemned Poplstioefor the potpoom of this Apeemcn% the iatial Licensed PWalatiom dull be a quaoity o*W to one hundred (100)
field monitoring devices (der 'Initial Iicemad Populediorn The CLntamr may kAmm the an of its I kesed Populaiao by weaning additional Equip is
Schcduio subject to des Aptemert whici► indiedn too iacianct d increase and reversed total Iiemsed Popul- All incmases in der Ucconed PopAauon OWI be
In qusdnia of ono hammed umt ioommea and my be subpa eo w add:uoeal somsmg fee is accordance with dia III IaoarporneCa standard pndng tim in effect
L t i& « of uabMq - IN NO EVENT WELL BI INCORPORATED BE LIABLE FOR ANY LOST REVENUE. PROFIT OR DATA. OR FOR SPECtAl,
INDIRECT, CONSEQUENTIAL. INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF UABMM
ARISING OUT OF TILE USE OF OR INABIlTY TO USE SOFTWARE, EVEN IF BI INCORPORATED HAS BEEN ADVISED OF 71M POSSIBILITY OF
SUCH DAMAGES. In no even shad M looorpwasadb liability to Qtaomo , vrh- is oodnr; ton Colluding oegliDmosN or aberwiss, ascood the Ikaae fee
chwtcd by BI tnoaporWAL
SUN MICROSYSTEMS. INC. - E1D-USER OBJECT CODE UCENSEr Regeirtd by S® Mieros!steras. Lie for BS Ronne Escortm Syetem 600
SUN IS WMJ INO TO LICENSE THE OPERATING SYSTEM SOFTWARE TO THE CUSTOMER ONLY UPON THE CONDITION THAT TIM CUSTOMER
ACCEPT ALL OF THE TEntS CONTAINED IN THIS LICENSE AGREEMENT. READ TILE TERMS AND CONDITIONS OF T1113 LICENSE CAREFLI LY
BEFORE USINO THE SOFTWARE. BY USING THE SOFTWARE YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF THE
CUSTOMER IS NOT WQIINO TO BE BOUND BY THIS AGREEMENT. THE CUSTOMER IS NOT AUMOR21D TO USE TILE OPERATING SYSTEM
SOFTWARE
I. Lkem to Un • Cwumr s Vvmted a erne-rbdw sad ~aasdtrabs Bomss ('ticem~ fbr me rain er[the apPtiabs solriev erPeratirag system eoftwan io
msehomadable fats togetherwith aoooari t doaatrrnsam CSaftwre'1 by the asmber of users for wbieh the oonvI 'ing feebat nom paid.
Lt karsa to DevebP - In tba wet do Customs denies to develop euftrare loop ama which 0 - - I rate partim of SoEwsro ('Developed Pfopwoo'l On
13 prvvixi=Wpb to dss anon q0iabla Developed hopsnn we b be OPEN LOOK* aompliat and have an application
pogamndng htcrfroe thsa s dw amt as drat of Softwam two wah+a Sollware can b remain sssod" with theirtool ill or scorer, DwekV*d Propane nay be
used and dimtbotod. but only ova aontpcmer eQurpncd lieamod m tub= Solaria operating syam mftwara Uaks ea adds mW DrAdopu% Liasrse Apeeamart here
beta esautad by Sun and Cuomma•. Caatomr is ad scaled to drvebp primtsg Wpliations r pet usmg fore is F301 format. unless Oca xner has socurW a
license for NeWSpridcw and Customw apm to odemmfy, bold barmies sod ddaad Sum Gan and apimt say claim or suit; including anuroeyr fees. which ens
a rsaull Rom distribution or un of Developed PaoVun
S. Rectrlctim - SoRwen Is aopyriglted sod tiW q all copies is retained by Sot and/or its soensom Cassoror seed oat ataka copies of SORwan, other than a aimgfe
oWy of 3oflwata for anhlval purposes w4 U applicable. Customer my. for its sternal w only, pint the tow6or of appeo of aline doctmetudo n for which On
applicable fee has been paid in which wan all propiary nSW notion an Software led be sepromsoed and applied Ezoc% o Wecifially uthmzod In Parspsph
2 above, Cunomer "Ira modify. decompsh. dissso orbit. decyPt, estnR a athervvw reverse ecr~srea Saftwua Software snot dmp W a Licensed fa use is
mslim eonW equipment in hazardous tariroamarn mach as operation of sorbs bastie% aircraft oavipesim or emtrol. or dirta Ile arppan machines.
4. CoraQderAkLity - SoRwen is c omfideatiel said popidary ioWmndm of Stn MAW id lioensora ctomm or epees a uka sdequw "to Fuca Software Goo
Imacahorized ducksine or era
S Warranty - Sun wwrnne than the media an which Softwre Is Aamshed wW be to of defects in materials and wortmanhip ender normal we for a period of
ametp (40) stays km the data of prsehasa as crAwcod by & copy of dw mccipl. Otlaerwim SoRwan s provided 'AS LS.' wuhow s ww. wy of arty kind. This
wrurs-sty a tcxb aely to Creaomr ere der original lkemsoa Cuauan% cmhttivo moody and Sun's em6e 1Lbitity naderibis wrrssty wit be the correction of defects
immedia or ceplac®mt of tM me" or, if essasaion ear rapt- is cot rearombly aehietvable by Stak the reftmd loOaaornar of the license fee paid, upon return
of Softwam
6. DbcWmw of Wanwmy - EXCEPT AS SPECIFIED IN THIS UCiNSE AGREEMENT. ALL DRESS OR IMPLIED CONDITION'S.
REPRESENTATIONS AND WARRANTIF,S, INCLUDINO ANY IMPI.IED WARRANTY OF a fERCHANTABl1JTY. FITNESS FOR A PARTICULAR
PURPOS& OR NON•INFRIdOEMENT. ARE HEREBY EXCL UDEDA
7. Lbatadaa of LlabMy - IN NO EVENT WILL SUN BE IIABIE FOR ANY LOST REVENUE. PROFIT OR DATA, OR FOR SPECIAL. INDIRECT
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF L1AD11171f ARISINO OI,T
OF THE USE OF OR INA11ILIlY TO USE SOFTWARE. EVEN IF SUN HAS BEEN ADVISED OF THE POSSmmny OF SUCH DAMAGES. to no ervat
1 shall Sum's liability to Cuaomr. wMfer in easmtraat fat (acluding nregligmoe) or atatnwuk eneseed der skew fee ehrged by Sun for Serftwsm
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B/ HOME ESCORT F/ELD EQVIPMENT
WARRANTY AND SUPPORT
1. General - This warranty is provided only on BI Home Escort"' Geld equipment For the purposes of this warranty. BI Nome Escort" field
equipment shall be defused as the following DI equipment identified by the BI Incorporated trademark. aide aame or logo: (i) Field Monitoring
Device. (ii) Transmitter, (iii) Dnve-Bl Monitor, (iv) 9200 REACT"' and (v) Activator (the 'F.quipmcml' The Equipment is warranted to be free
fiom defects of workmanship or material under normal we and service, and shall be free from all liens, claims and eacumbrai=m Customer will
be responsible for the proper use, management and supervision of the equipment Customer agrees that BI will not be liable for any damages
caused by customces failure to fulfill these responsibdities. Scmce requested for the Equipment outside the scope of this warranty will be
fhrisished to customer at Bra standard rates and terms t4ca in effect
2. Term - if the Equipment is acquu vd under a purchase agretasenk then the warranty coverage provided hereunder is available to the Customer
for a penod of twelve (12) months from the date of shipai at (the 'Coverage Term'). If the Equipment is acgaued under a lease or lease financing
agreement with Bl, then the coverage provided hereunder is available to the Customer for the payment term of the Equipment Schedule (the
'Coverage Term') as follows:
(i) The first twelve (12) months of the Equipment Schedule shall be considered'wananty coverage' and is at no charge to the Customer.
(ii) Unless otherwise specified. any Equipment Schedule with a payment term cmeeding twelve months shall include at the thirteenth month
through cxpirationi. coverage as Extended Mainteaamm The Emendod Maintenance is chargeable and is incorporated into the monthly payments
of the Equipment Schedule. A breakdown of the monthly payment into ptindp* interest and Exteadod Maiateoarme is act forth on the DI
amortization of the Equipment Schedule.
3. Service and Parts - BI wtll make all adjustments. repairs and parts replacement necessary to keep the Equipment is good working order at no
charge to the customer . All replaced pasts will became the property of BI on as exchange beaus. Replacement parts will be new parts or parts
equivalent to new is performance when installed in the Equipment Service pursuant to this warranty will normally be liumishod by DI or its
designee. If persons other than BI or its designee perform maintenance or repair at Customer's request. and as a result Nuthes repair by BI L
required to restore the Equipment to good operating condition. such repairs will be chargeable to Customer at Brs standard rata and terms then is
effect Bl shall have full and free access to the Equipment to perform this m v Maintenance service required on the Equipment will be
performed at Bra facility. All repairs are warranted to be bee frrom defect in material and woclmianship for a period of ninety (90) days ftm the
date of repair.
4. Freight - Equipment which is to be returned to BI for service under this warranty "be returned in acoordmce with Bra RMA policy.
I Technical Support - Technical Support entitles the Customer to remote diagnostic support, trouble-shooting by to c*w and assistance on
obtaining service on Csutomds Equipment during the applicable Coverage Tam Bra Customer Support Department is available to the custornvs
Monday through Friday from 8.00 AM to S-00 PM Mountain Time by calling 14800.241-9924. OD-call Customer Support representatives ere
available for emergency situations between the hours of 3-00 PM and 8.00 AM Mountain Time, or during weekends or holidays.
6. Exclusions - The foregoing warranties will not apply if adjustment, repair or parts replacement is required because of accident, transportation by
customer, neglect, abuse or misuse, lightning. failure err Ductuation of electrical pow, air conditioning or humidity annual, theft. Cue or water
damage, telephone equipment or communication lines biil re. failure of foreign Waconnect equipment. use of adesad materials which do not
adhere to BI specifications, or causes other than ordinary use. BI shall not be required to adjust or repair any unit of Equipment or part if it would
be impractical to do so because of alterations in the Equipmenk its connection by mechanical or electrical meets to unauthorized equipment or
devices, or if the Equipment is located outside the U.S. THE EQUIPMENT 1S INTINDED SOLELY FOR THE PURPOSE OF IDENTTFYINO
THE PRESENCE OR ABSENCE OF A PERSON UNDER SPECIFIC CIRCUMSTANCES. THE PRODUCT IS NOT IMPERVIOUS TO
TAMPERING OR MISUSE. ITS USE OR ASSIGNMENT IS LEFT SOLELY TO THE DMCRE71ON OF A RESPONSIBLE JUDICIAL OR
CORRECTIONAL OFFICIAL.
% Limitation of Llabillty- BN liability hereunder is limited to restoring the Equipment to good operating condition provided that Lessee has
complied with the manufacturers' requirements relative to the EgmpmeaL
& Return Material Authorization (RMA) Policy - Freight charges to and from Bb facility for Equipment eligible for return hereunder shall be
paid by BI when pre-authorized by a Return Material Authorization (RMA) number issued by Bra Customer Support Department. and only when
Brs pre-prmted shipping labels are used. Bra pre-printed shipping labels provide the Customer with second dry delivery to Bra facility. Freight
charges incurred by BI for equipment which is returned in a manner which is inconsistent with Bra pre-printed shipping labels, or without an RMA
number will be charged back to the Customer. Customers who have multiple sites will be provided shipping labels only at those sites which-have
a host system or an excess of fifty units. BI reserves the right to deny service to any Caugmer who does not adhere to the conditions of this policy.
Brs Customer Support Department is available to the Cuistaoa Monday through Friday fiom 8.00 AM to 5.. 0 PM Mountain Time by calling 1-
M241-9924.
9. Non-Werranty Repairs - Customers returning Equ ipmmt whkh has damage that is not cover ed under this warranty wW be conteded by BI for
authorization to repair the Equipment Such repairs are subject to Bra standard moo-warranty repair rates is effect atthe time of the repair. There
will be a minimums service charge of W.00 to the Custaw for an sorb resncun am if no repair is authorized
• ' H0ul8E3C0RTJ+zfi7DZQUlPaiW
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A GSI OIL & GAS, INC.
4104 HO way 21 East. Box 663. Bryan, TX 77004 (409) 7784M • Fax: (409) 773-8802
rby
August 26, 1994
Brazos County Engineer
2617 Highvay 21 West
Bryan, Texas 77803
Attn: Mr. Richard Vance and
Mr. Ray Crov
Re: Permit Application for Saltvater Pipeline, Peach Creek
Road, Brazos County, Texas;
Dear Mr. Vance,
Pursuant to our conversations, enclosed is a permit
request for the approval to lay a saltvater disposal
pipeline within the County Right-of-Hay along a portion of
Peach Creek Road south of the intersection of Peach Creek
and Peach Creek Cut-Off Road.
As discussed the temporary plat attached to the permit
will be replaced after installation with an "As-Built Plat"
prepared by Kling Engineering if the Permit is approved.
It is requested that this permit application be placed
on the agenda for the County Commissioner's September 6th
meeting.
Please feel free to contact me anytime at (409)
778-8850 if there should be any questions or comments.
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6 Thank You Both for your help and cooperation.
F
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Sincerely,
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j.-.S(Bu dy) Hamilton, Jr.
Acquisitions
Speedvay SWD Limited
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NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803 i
FROM: RE: Type Installation - Road, Precinct,
SPEEDWAY SWD LIMITED Crossing x Parallel install. x
P.O. Box 663 Road: Peach Creek Road
Bryan. Texas 77806 PrecinctNo.: I
Formal notice is hereby given that (Applicant) Speedway S W D L I M I T E D
proposes to place a (type) 364 inch ool vethvl ene saltwater
pipeline within the right-of-way (road) peach Creek Road
In Brazos County, Texas as follows:
The location or description of the proposed Installation Is more fully shown by
2 coples of the drawings attached to this notice.
1. The County Engineer must be notified prior to the beginning of construction In order that
they might be on hand to designate the actual location of the Installation.
2. That all damage to the roadways and right-of-ways will be repaired to their original condition
to the satisfaction of the County Engineer.
3. That Brazos County reserves the right to require Applicant to relocate or lower any such
line at no cost to Brazos County, should some become necessary due to widening or
ti lowering, or other alteration of the roadway or right-of•way.
4. That Brazos County Is In no way responsible for any damage that might occur to any
existing utility lines In the right-of-way. i
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b. That the line will be constructed and maintained on the County right-of-way In accordance j
with governing laws.
8. That the line or lines will be constructed no less than forty-eight Inches (481 lower than the •
lowest part of the drainage or bar ditch and the drainage Is to be considered at least two {
feet (2) below the center of the roadway.
7. That all roads shall be bored and cased for such distance, from toe of slope to toe of slope
and In no case shall an open pit be allowed within four feet of the shoulder of the road.
8. That all sltes will be barricaded during the construction period.
9. That the normal charge Is $500.00 per crossing and/or $40.00 per rod when paralleling the
roadway established by the Commissioners' Court on January 28, 1985.
10. Ditch line shall be compacted to 90% standard density ASTM•Test method No. D•698; test
shall be conducted by an Independent Geotechnlcal testing firm; copies of all test results i
shall be furnished to the office of the Brazos County Engineer.
11. Construction shall be In strict conformance to the latest Texas Manual on Uniform Traffic ^
Control Devices for Streets and Highways. published by the Texas Department of
Transportation, and all other State and Federal laws governing utility construction.
Construction of this line will begin on or after (date) September 6, 1994
APPROVED BY COMMISSIONERS! APPLICANT:
COOT ON:
t (q 95/ R.W. (Buddy) hamllton. Jr.
Date Nana it L a d m a n/ A u t s 1 t 1 o n s
R.J olmgreen Company Representative
Brazos County Judge
409-778-88s0
Telephone No.
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PROPSED PIPELINE
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RIGHT-OF-WAY WITHIN
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ROAD CROSSING
ANDREW D. HOUSTON SURVEY. A•133
BRAZOS COUNTY. TEXAS
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TOTAL DISTANCE 4320 FEET
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PEACH CREEK
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Average distance from edge of road to centerline of
CUT-OFF ROAD
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ditch 13 feet
Average distance from edge of road to apparent
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edge of right-of-way 23 feet.
Average distance from centerline of ditch to
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proposed pipeline 5 feet
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310' CL of Culvert
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3140' Aquila.Pipeline
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3680' CL Culvert
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access road to Walker t 2-H 3 3-H wells
4320' CL of Access road
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WORK OUTSIDE COUNTY RIGHTS-OF-WAYS
FOR THE ENHANCEMENT OF COUNTY ROAD PROJECTS
Name
Address or Phone
location of work to be Done
Description of work to be Done
Signed
LERO,
Julie Circle
South side of Julie Circle.
Permission to enter private property
08117/94
Larry i
Lots S and 6
lot S. Lilchford Subd., 0.2 mi
to dean out existing drainage channel
east of Smetana Rd
(approximately, 60 R into private property)
to allow water to drain from Julie Circle
road ditch for the health, safety and welfam
of the
TILLERY.
I
P.O. Box SS3
7-11 Ranch Subd, Lot S2 on
Pemrssion to enter private properly
0824194
Amy
Mdlrcan, TX 77868
Frontier Lane I
for the purpose of disposing of dead
horse for the health, safely and webm
of the general
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O~ST~• 992 SC1lJ 1 .0t7' T S1'AfE
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12•S0 EMO WORK
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v % A SO'
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10.00 1►E.CM CREEK ROAD)
. 966-65 111 L 1
1 99G•00 `
-r r -
-Mc •00 49 51
_---------1.1------------------------------------------------------ CAST FRCNT1;E ROAD 1
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WORK OUTSIDE COUNTY RIGHTS-OF-WAYS
FOR THE ENHANCEMENT OF COUNTY ROAD PROJECTS
Name
Address or Plane
Location of Work to be Done
Description of Work to be Done
Signed
LERO,
Jute Circle
South side of Julie Circe,
Pemrssion 10 enter WWW property
06117164
tarty
lots 5 and 6 I
bl S. Latchford Subd, 0.2 mi
to dean out existing drainage channel
east of Smetana Rd I
(apprommately 60 ft into private properly)
to allow water to drain from Jute Cirde
road ditch for the health, safely and welfare
of the general putibm
TILLERY. i
P.O. Box 553
7-11 Ranch Subd., Lot S2 on l
Pemrssion to enter private property
06124/94
Amy
Mdlkm% TX 77866
Frontier Lane I
for the purpose of disposing of dead
horse for the health, safety and wellara
of the general public.
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Al Hdmpnan
Gary Horton
Plodna 1
Date ~-if- 94--
Wallor wdooa
Praand 2
"S4na BRAZOS COUNTY
Pram a PRIVATE PROPERTY ACCESS
MloonT~ PERMISSION FORM
Prndnct ~
1. LANDOWNER AND ADDRESS Am v T; //e i ,i 3 So /
La.•~~ Po. Box ss3 A(~ll~~.-.. T2.. 7-79c G
II. LOCATION OF WORK Z-//
S•~~o~~v~sio.~ - ~-s z
III. DESCRIPTION OF WORK TO BE DONE Te r irr ss : o ac,
4 /
i 11rJvi4-t. Are A~~ ~n 6 -,P- be do ~ use -f,_i r
L'i/~~ ~ sows.
IV. MAINTENANCE YES NO
IF YES, ESTIMATED FREQUENCY OF MAINTENANCE
(Owner will be notified prior to maintenance)
C• i - -I.--
Richard F. Vance, P.E. C.E. (Ed) Iverson
County Engineer Engineering Aide
OWNER'S SIGNATURE li~'~'Ulk- 2 ZY- .1 /
F GATE 8 7"-
G •
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V#A'06%
RJ Holmproan
County AAO*
Gary Norton
Precinct I
Waltor W1coa
Preanct 2
Randy Shea
Precnct 3
Won Tumar
Pradnp I
r
t
t
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,
I
Date 3- i -9
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS
PERMISSION FORM
1. LANDOWNER AND ADDRESS
S A 2- a_s 4y
II. LOCATION OF WORK ,J, of J.. h e- c.-t - le . L t -
b f,4 44 SL d,,..s,d,t o t 4e CA, t o ~ ra'. lac., ,ems, , ,t .
Ili. DESCRIPTION OF WORK TO BE DONE
rile ,n • - h cwnt / A- go, e l., tD f / rrt l.n
1r h L/.0
- /.1V A//e / -A-4r. t~v 0jrt!r r
'I -
IV. MAINTENANCE YES V NO
IF YES, ESTIMATED FREOUENCY OF MAINTENANCE G'a; -4- -
(Owner will"be notified prior to
Z_
f Richard F. Vance, P.E. C.E. (Ed) Iverson
t County Engineer Engineering Aide
E OWNER'S SIGNATURE
I •
DATE 4 .j
I
1i