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HomeMy WebLinkAbout2000-11-21-0900AM-Regular__U fzrly 11 AM 8: ?.1 - ~ ".LEAK • BRAZOS wool' • l; s~RS HOUSE COUNTY-; BRYAN. TEXAS ny %I NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN A REGULAR SESSION ON TUESDAY, NOVEMBER 21, 2000 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH: STREET, SUITE 115, BRYAN, TEXAS. 1- Invocation - Commissioner Jones. 2. Pledge of Allegiance - Commissioner Jones. 3. Call for citizen input and/or concerns. Consider and take action on agenda items 4 - 21: • 4. Budget Amendment 00/01-8. 5. Personnel Changes of Status. 6. Payment of Claims. 7. Payment of the monthly administration fee for the Flexible Spending Account, effective January 1, 2001. 8. Resolution declaring intention to reimburse certain expenditures with borrowing proceeds. 9. Revised "Exhibit A" for a current contract with Database Technologies, Inc. for the County Attorney's Office. 10. Application/License Agreement with the Texas Commission on Law Enforcement for the County Attorney's Office. 11. An Order authorizing Bruchez, Goss, Thornton, Meronoff & Hawthorne, PC to begin condemnation proceedings for acquiring right-of-way for the Straub Road project concerning 00.064 acres out of a 6.00 acre tract in the Samuel Davidson League, owned by Mitchell C. Smith and Cheryl A. Smith. Site is located in Precinct 1. • 12. An Order authorizing Bruchez, Goss, Thornton, Meronoff & Hawthorne, PC to begin condemnation proceedings for acquiring right-of-way for the Straub Road project concerning 0.837 acres out of a 18.2 acre tract in the Samuel Davidson League, owned by ' Leah Sorea Smith and John T. Smith, III. Site is located in Precinct 1. 13. Contract with Newman Printing Company, Inc. for digital imaging and records conversion. } Commissioners Court Meeting Agenda November 21, 2000 Page Two 14. Tax Resale Deed and authorization for the County Judge to execute the Tax Resale Deed for a 100 feet by 115 feet tract, being part of Block 4, Bryan Addition, City of Bryan, to Walter Martin and Tina Allen. 15. Blanket Purchase Orders. 16. Requisition from Minor Acquisitions for a desk for the Brazos Center. 17. Requisitions from grant funds for a computer and software for the County Attorney's Office. 18. Contract with Brazos Janitorial for services to be rendered at the Precinct 6 Justice of the Peace/Constable office. 19. Approval to advertise for Bid #2001-024, Shop Supplies and Auto Parts - Annual Contract. 20. The Preliminary Plat of Precinct 3 Fire Department, Lot 1, 1.499 acres, Richardson Perry Survey. Site is located in Precinct 3. 21. Request from Verizon to construct two road bores for buried cable installation in county right-of-way at 4700 Elmo Weedon Road. Site is located in Precinct 3. 22. Acknowledge receipt of monthly reports from department heads and elected officials. 23. Announcement of interest items and possible future agenda topics. 4 24. Call for citizen input and/or concerns. 25. Adjourn. a The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the mating. To make arrangements, call (979) 361-4102. , , 401- COMMISSIONERS' COURT REGULAR MEETING NOVEMBER 21,-2000 A regular meeting of the Commissioners' Court of Brazos • County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, November 21, 2000, 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. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. There was no citizen input and/or concerns. The Court next considered Budget Amendment #00/01-8.1 • through 8.3 which would reallocate funds for Juvenile Services Accountability Incentive Block Grant and the County Clerk and transfer funds from Contingency to the Sheriff's Department. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the budget amendment as submitted. A copy is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20013262 through 20013502 Vol a a` Page I Commissioners' Court meeting November 21, 2000 2 On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to approve the Claims as submitted. The next matter for consideration by the Court was the payment of the monthly administration fee for the Flexible Spending Account, effective January 1, 2001. Commissioner Sims moved to approve and Commissioner Cauley seconded the motion. After some discussion Commissioner Jones asked that the motion be amended to state that the participants will pay the monthly administration fee. Commissioner Sims seconded the motion. Commissioner Sims voted "Aye". Commissioners Jones, Thornton and Cauley voted "No". The County Judge abstained. The motion failed. The County Judge then considered the original motion and second which was that the County pay the administration fee. The motion carried unanimously. . On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to adopt a resolution declaring intention to reimburse certain expenditures with borrowing proceeds. These expenditures are in connection with the design, planning, acquisition, construction, equipping and/or renovating of a coliseum. The Court next considered approving revised "Exhibit All for a current contract with Database Technologies, Inc. for the County Attorney's office. The original contract allowed for unlimited access to AutoTrack for the rate of $250 per month. The only change will be some menu options will not be available if they exceed the $250 per month. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve revised "Exhibit A". A copy is attached. Vol a- Rage . Li1~~M.e :1"Iaffi 1 4el T.r _ r • u J Commissioners' Court meeting November 21, 2000 3 The next matter for consideration was a request by the County Attorney's office to approve a Application/License Agreement with the Texas Commission on Law Enforcement. This is for tracking training hours for investigators and commissions. The cost will be $250 annually. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the request and authorized the Application/License Agreement. The next matter for the Court's consideration was an Order authorizing Bruchez, Goss, Thornton, Meronoff & Hawthorne, PC to begin condemnation proceedings for acquiring right-of-way for the Straub Road project concerning 0.064 acres out of a 6.00 acre track owned by Mitchell C. Smith and Cheryl A. Smith. The site is located in Precinct 1. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to authorize Bruchez, Goss, Thornton, Meronoff & Hawthorne, PC to begin condemnation proceedings. A copy of the Order is attached. The next matter for the Court's consideration was an Order authorizing Bruchez, Goss, Thornton, Meronoff & Hawthorne, PC to begin condemnation proceedings for acquiring right-of-way for the Straub Road project concerning 0.837 acres out of a 18.2 acre track owned by Leah Sorea Smith and John T. Smith, III. The site is located in Precinct 1. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to authorize Bruchez, Goss, Thornton, Meronoff & Hawthorne, PC to begin condemnation proceedings. A copy of the Order is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and Newman Printing Company, Inc for digital imaging and records conversion. The cost to Brazos County will be as follows: Vol d 011, Page Commissioners' Court meeting November 21, 2000 i Description Unit Price Paper Records $0.15 Film Records $0.04 Volume Total 2,929,000 $435,382 4,574,500 $201.793 Total $637,175 4 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with Newman Printing Company, Inc. A copy of the contractual agreement is attached hereto. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to execute a Tax Resale Deed to the following individual: Walter Martin and Tina Allen - A 100 foot by 115 foot Tract more or less, being part of Block 4, Bryan Addition, City of Bryan, Brazos County, Texas. The Court proceeded to consider the following blanket Purchase Orders{ Eagle Brazos Wholesale Acme Soap Co. Cain's Coffee Lilly Diary Butterkrust Good Source Ben E. Keith US Foodservice Glazier Performance Alliant Food Sysco Food Serv Scarmardo Prod. Purchasing $3,000 Jail Administration $ 500 Jail Administration $1,200 Jail Administration $ 600 Jail Administration $2,800 Jail Administration $1,300 Jail Administration $1,000 Jail Administration $1,500 Jail Administration $1,600 Jail Administration $ 800 - Jail Administration $7,000 Jail Administration $8,000 Jail Administration $7,000 Jail Administration $2,500 On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered approval of a requisition from the Minor Acquisitions Fund for the following purchase: a) Secretarial desk with right hand return $295.88 On motion by Commissioner Thornton, seconded by Commissioner Jones, the Court voted unanimously to approve the requisition to be paid from the Minor Acquisitions Fund. Vol a a-- Page s~ r~ AV The Court next considered approval of a requisition from the Grants Fund for the following purchase: is a) Computer and software for County Attorney's Office $1,373.00 .On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition to be paid from Grant Funds. ' The next matter before the Court was approval of a Contractual Agreement between Brazos County and Brazos Janitorial for services at the Precinct 6 Justice of the r r Peace/Constable office. The cost to Brazos County will be $350.00 per month. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with the Brazos Janitorial. A copy of the contractual agreement is attached hereto. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2001-024 Shop Supplies and Auto Parts. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Shop Supplies and Auto Parts. The Court next considered approval of the Preliminary Plat of Precinct 3 Fire Department, Lot 1. Richard Vance, County Engineer, stated that he had reviewed the plat and offered the following comments: a) The FEMA Firm Map Panel Number shown in NOTE #2 is incorrect; it should be #48041C0155C. b) Note and showlbuilding set back lines; 25 feet along road and 10 feet along side and back lines (minimum). c) Show all easements on face of plat along with Volume and Page references (such as shown pipelines and aerial electrical). On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the preliminary plat of Precinct 3 Fire Department, Lot 1 subject to the i Vol a D.- Page 7 Commissioners' Court meeting November 21, 2000 6 developer complying with the exceptions noted by the County Engineer. The Court next considered the request from Verizon to construct 2 road bores for buried cable installation in the right-of-way of 4700 Elmo Weedon Road in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the request of Verizon and authorized the installation. A copy of the request is attached hereto. The Court acknowledged receipt of the Extension Service Reports for October 2000 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: I County Clerk { District Clerk I Justice of the Peace Precinct 2 f 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 4 Constable Precinct 5 i Constable Precinct 6 I Brazos County Events Facilities County Attorney Road & Bridge Tax Assessor/Collector A copy of the Officials' reports can be viewed in the County Auditors office. Under announcement of interest items and possible future agenda topics the County Judge made the following comments: a) He reminded everyone of the BBQ lunch at the Road & Bridge Department compliments of the Commissioners Court. b) He reminded the members of the Court of the Workshop to be held today at 2:00 p.m. There was no citizen input and/or concerns. There being no further business to come before the Court, ' the meeting was adjourned. Vol Page g I i The foregoing minutes of the Commissioners Court meeting held November 21. 2000 have been examined and are approved in • ~J ~J • Sr r open Court this the day of 20Q1 in Bryan, -oYAlx Brazos County, Texas. Alvin . Jones T Jo s County Judge Commis io r, Precinct 1 Wm. S. Thornton Commissioner, Precinct 2 - Carey Ca ey, Jr. Commissi ner, Preci 741 Vol 9.31 Randy Sims Commissioner, Precinct 3 Kare"-n. McQueen County Clerk Page 9 - _ ~vL .-1.+.~+..`wl.....•.. u.....lw.`~✓rJW.4.a.Y. ..nw. w.. .~w~+.t...-.. _ . I BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2 / 200IZ, AT NAME C C 0RCTANT7ATl0N/T)FPARThApm r ' cs CD !Ile Air .soh . < ~ - • ads LL! T • 61 ,aL',Sb ' 1. . l • • ~ • 0 lie, BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2000-2001 BUDGET YEAR NO. 00/01 - 8.1 through 8.3 On this the 21st day of November 2000 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 November 21, 2000 the Court heard and approved a budget amendment for the 2000-2001 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 9, 1999 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 21" day of November 2000. 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 i r BRAZO_S_COUNTY, TEXAS BUDGET AMENDMENTS - - - - - No. 00/01-8.1 11/21/00 - FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 280001 655000 Dr. Radio Maintenance 10,000.00 01 110015 611300 Cr. Contingency 10,000.00 Sheriff Administration To increase the Radio Mainenance line item to allow moving the radio repeater from the tower at KBTX television to the City of College Station's tower. The television station has informed the Sheriff's office that tower space at no cost will no longer be acceptable and that beginning on Jan. 1, 2001, they will be requiring a lease payment. Ron Maywor n with the City of College Station as agreed to provide space on the city's tower at no cost to the county. Therefore, this request is to provide funds to remove and install the needed equipment at the new location. ]P'repared 73j ml.~ - - - Approved By: Rate: 11115100 ate: nP « , r ' - v j In..t • 1 1 BRAZOS COUNTY OFFICE OF THE SHERIFF CHRISTOPHER C. KIRK CLYDE COLONS, CHIEF DEPUTY 300 E. 26TH ST. SURE 105 WANE DICKY. JAIL ADMINISTRATOR BRYAN, TExAs 77803-5359 VkAZ • Date: November 15, 2000 To: Honorable AI Jones Honorable Tony Jones Honorable Wm. S. Thornton Honorable Randy Sims Honorable Carey Cauley From: Clyde E. Collins r,~ Subject: Move of S.O. Radio Transmitter Antenna The Brazos County Sheriffs Office has for several years had a radio repeater on the tower at KBTX television. This tower space has been provided to us at no expense to the county. We have now been informed by the station that this arrangement will no longer be acceptable and that beginning on January 1, 2001, they will be requiring a lease payment in the amount of $450.00 per month for this space. (See attached) We have contacted Mr. Ron Mayworm with the city of College Station and he has agreed to provide space on the city's tower at no cost to us. We are therefore requesting that S 10,000.00 be transferred from the contingency fund to our Radio Maintenance account #655500. Please see attached estimated cost to remove and install the needed equipment at the new location. Your consideration is greatly appreciated a Ar--&L~. J QL OFFICE (979) 361-4100 it ADMINISTRATION (979) 361-4148 J# FAX (979) 361-4170+~ _ - t a Sheriff Chris )&iulc RECEIVED Brazos Courttar Sheriff Department AUG 2 4 2000 Bryan, Tx OFFICE OF SHERIFF CHRIS KIRK Dear Sheriff Kirk, BRAZOS COUNTY For several years now your department has had a radio repeater on our studio-to- transmitter tower, located here in Bryan. It has been our pleasure to allow the placement of that equipment for that time at no expense to your department. As you may have heard, our station was sold to Gray Communications late last year. Changing economic conditions, regretfully, now require that KBTX restrict the use of its towers to rental space only. To allow you adequate time to either remove your repeater or budget for the additional expense of keeping it there, I have obtained from Gray permission to allow your equipment to stay in place at no expense until January 1, 2001. Even at that time I have set the rate for your rental substantially lower than all of our other tower rentals to compensate for the relatively short notice. Given the value of tower rental space in the marketplace, I believe four hundred and fifty dollars a month is very reasonable and I gladly offer you the opportunity to retain your space on the KBTX tower for that amount. We would need to have a one year contract with your department to that effect. Ve"spect ly, un Baronet General Manager kBTX-TV I 01"L I ~.l ~ r u~..a. .x..._.a>.cam..l.>G.'y.~.Y_..~>.r_.5..:.1....~.u~~t•..L:..=+L~[.3! .•_.c_~_.1L N. ._~..i J ..c ~ ~ . J Greg Petrey, 11:29 AN 10/11/20, Fw: SO Radio X-From : gpetrey@tca.net Wed Oct 11 11:41:18 2000 From: "Greg Petrey" <gpetrey@tca.net> To: "Clyde Collins" <ccollins@co.brazos.tx.us> Subject: Fw: SO Radio Date: Wed, 11 Oct 2000 11:29:36 -0500 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 5.50.4133.2400 X-MimeOLE: Produced By Microsoft MimeOLE V5.50.4133.2400 FYI.... Greg Original Message From: "Ron Mayworm" <ron@ktsignals.com> To: "Greg Petrey" <gpetrey@tca.net> Sent: Friday, January 04, 1980 10:32 AM Subject: Re: SO Radio • > Greg Petrey wrote: > > Ron: > > The S02 as being kicked off of KBTX's tower. When we were looking for > > a spot for the new S01 radio, you mentioned that they might could get > > on your tower but it would not be tall enough for their primary > > radio. Do you think "we" could get space on your tower for S02??? > > The only other alternative is to move it back to the SO!! > > Thanks for any assistance you can give us. > > Greg > Kevin Brost at Command Communications has secured a top site on the > American Tower that the VFD is on. He has St. Joe's ambulance VHF on > it, and the coverage seems pretty good. I believe he has approached > several entities about sharing the antennas in a combiner/multicoupler > configuration, which would cost each entity less rent per month than if > they had their own. > Other possibilities: > go on the tower the VFD is on at full price > American Tower has another 450 foot tower off Nunn Jones Road that seems > only lightly used > Chet Fry's tower at Elmo Weedon and Dyess > I believe American Tower is leasing space on the 800 foot(?) TV tower at > Sandy Point and 2818. They have a separate building at the bottom for > two-way, and I think it's unoccupied yet. > The SO would be welcome at up to 300 feet on the City's tower--this one > would be rent-free. > Ron Printed lode Clyde Collins <ccollins@co.brazos.tz.us> 1 - - ~ eau ...w.. . u.i ...~..r.+.. .I ~1 h.4. .w 4. ~t.~. i.~ Cost of relocatingSO2 Radio Quan. Each Cost Antenna 800.00 800.00 Bracket 2 300.00 600.00 Clams 150 2.00 300.00 1 5/8 Coax 325 15.10 4,907.50 Connectors 2 251.00 502.00 Climb 1 1,400.00 1,400.00 License Fee 400.00 Total Estimated Cost $8,909.50 Time to recover costs in months $450.00 19.80 ww 4A/ (c) I: I■ i l I t t • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS - 00/01-8.2 11/21/2000 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 3171 676700 317101 DR. Printers 515.00 30 3171 725900 317101 DR. Professional Fees 4,000.00 30 3171 802030 317101 DR. Computer Hardware 485.00 30 3171 611100 317101 CR. Conference & Seminare Fees 500.00 30 3171 618010 317101 CR. Travel 2,500.00 30 3171 618070 317101 CrR. Travel - Reimbursable 2,000.00 Grant Fund Juvenile Accountability Incentive Block Grant To reclassi bud et to a llow for increases in e x nditures for Computers, rioters and Tutors. 4 Prepared; By: • gkc Date:;' -'11/10/2000 Approved By: Date: - _....-t. - • COPY, OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION GRANT ADJUSTMENT NOTICE Grant Number. 15463-01 Adjustment Number: 1 Date: 11/0712000 Grantee Name Brazos County Project Title: JAIBG Region: 1300 Grant Period: 04/012000 to 0713112001 Funding Source: JB-Juvenle Accountability Incentive Block Grant Based on documentation submitted by Mr. Tommy Ramirez, Jr., dated October 2, 2000, grantee is authorized to transfer $5,000 from Travel to Contractual and Equipment as shown in the Approved Budged Summary. In addition, this is the first of four adjustments allowed throughout the grant period. By: / ~ Program Director Post Office Box 12428, Austin. Texas 78711 (512) 463-1919 1999-Youth a Juvenne Servkm Page No. 1 r• ~ I , APPROVED ADJUSTED BUDGET SUMMARY *j. 1 CJD Cash Match In Kind A. Personnel: $0 $0 $0 0. Contractual: $24,000 $3,000 $0 C. Travel: $1,000 $500 $0 D. Equipment: $5,000 $500 $0 E. Construction $0 $0 $0 F. Supplies: $7,162 $129 $0 G. Indirect: $0 $0 $0 Total: $37,162 $4,129 $0 Budget Detail: B. Contracts for tutorials , mentors, counseling: $27,000 C. In-state Travel and Training Services; $1,500 0. Computer Equipment: $5,500 (boot camp computers. printers and software) F. Copying expenses, curriculum materials, technology materials: $7,291 TOTAL $0 $27,000 $1,500 $5,500 $0 $7,291 $0 $41,291 Post Office Box 12428, Austin. Texas 78711 (512) 463-1919 1999-Youth & Juvenile services Pape No. 2 1 BRAZOS COUNTY, TEXAS - - _ BUDGET AMENDMENTS .~+-~---1- No. 00/01-8.3 - - 11/21/00 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 210001 5 16200 Dr. Hourly - Overtime 2,000.00 01 210001 516400 Cr. Hourly - Temporary 2,000.00 County Clerk Administration To reclassif y budget to allow overtime pay to County Clerk employees due to the General E lection. Tr('j).ir•l:(I -y- A% •atcr.,- .Y G.,,,...: BRAZOS COUNTY BRYAN, TEXAS 77801 NOVEMBER 10. 2000 TO: MARGIE WEDEL ASSISTANT AUDITOR FROM: MARY ANN WARD COUNTY CLERK" I AN REQUESTING THAT $2000.00 BE MOVED FROM LINE ITEM 516400 TO LINE ITEM 516200. IN ORDER TO PAY FOR OVERTIME EXPENSES OVER AND ABOVE BUDGETED AMOUNT FOR ELECTIONS. MARY ANN WARD COUNTY CLERK ~r 5 r , PAYDATE NAME Overtime Expense Balance -Budget $2.600.00 11/032000 351.22 11/172000 Pruitt 227.42 578.64 11/172000 Higginbotham 589.56 1,16820 11/172000 McQueen 1269.36 2,437.57 11/172000 Workman 1.038.17 3,475.74 11/172000 Pivonka 9261 3,568.35 111172000 Polansky 433.10 4,001.45 11/172000 Cohen 312.50 4,313.96 11/172000 Kelley 218.15 4,532.11 $(1,932.11) r w PERSONNEL CHANGE OF STATUS page I of 1 COURT DATE: November 21, 2000 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status wrrwwrriirrwiirwiii4iiiiiiiii4iiii44wrwwwwrrwrwrririi4iiiiii4ii4iwirrriwwwwiwwwM~rrw DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED •rwwwrssrr4r4wrrrrrisii4riiiiisiiirirswr4w4irir4i4iiitiiiiii4iriitiswwi**wrwwrrwwwww 85'" DISTRICT COURT BANKS, GAYLA B MERIT INCREASE LARA-HOOGE, VERA MERIT INCREASE MUECK, REBECCA A MERIT INCREASE BRAZOS CENTER MCKEAN, JANICE TRANSFER W/1N DEPT BARRETT. DAVID RESIGNATION - COMMISSIONER'S COURT 4 GREEN, BEATRIZ MERIT INCREASE JUVENILE SERVICES ALANIZ, 111 JOSE RESIGNATION GRIMES, MICHAEL RESIGNATION SHERIFF OFFICE - ADMIN. THOMPSON. DAVID W RESIGNATION ~.i SHERIFF OFFICE - JAIL DIVISION LOVELACE, DAVID D NEVER STARTED WORK SHUMAKER, ROBERT E RESIGNATION WILDER. JASON E PROMOTION COURTHOUSE SECURITY TODD, IRVIN MERIT INCREASE EDWARDS, SHAWN TRANSFER TO SO-JAIL NUTALL, JEFFREY TRANSFER FROM SO. JAIL SIMPSON, HARROLD TRANSFER FROM SO- JAIL TAX OFFICE MURPHY, JEANINE TRANSFER FROM TAY OFFICE ROAD & BRIDGE TRACY, CATHERINE K MERIT INCREASE Approved in Commissioners' Court: November County Judge's or Cornmusioner's Signature: (Thu copy to be attached to minutes) lap% W RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS WHEREAS, Brazos County, Texas (the "Issuer") desires to pay expenditures in connection with the design, planning, acquisition, construction, equipping, and/or renovating of a coliseum (the "Project"); and WHEREAS, Chapter 1201, Texas Government Code, as amended ("Chapter 1201 permits the Issuer to use the proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid or incurred before the date of issuance of such obligations; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the objectives of the Issuer's programs and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS THAT: Section 1. This Resolution declares the intention of the Issuer to reimburse the expenditures for the Project with the proceeds of obligations. The Issuer presently intends to reimburse the expenditures by incurring obligations issued under Texas law, the interest on which is excludable from gross income under Section 103 of the Internal Revenue Code of 1986, as amended. Section 2. The Issuer reasonably expects to incur debt, in one or more series of obligations, in an aggregate maximum principal amount now estimated to be equal to $18,500,000 for the purpose of paying the costs of the Project. Section 3. The Issuer intends to reimburse the expenditures hereunder not later than 18 months after the date the original expenditure is paid or the date the Project is placed in service or abandoned, but in no event more than three years after the original expenditure is paid unless the Project is a construction project for which the Issuer and a licensed architect or engineer have certified on Exhibit A that at least five years are necessary to complete the Project in which event the maximum reimbursement period is five years after the date of the original expenditure. Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth in Section 1.150-2 of the Treasury Regulations and evidences its intentions under Chapter 1201. Section 5. This Resolution shall be liberally construed to evidence the intent of the Issuer to comply with state law and federal income tax law in the issuance of tax-exempt obligations for the Project. Attest: Mary ArdWard, County Clerk 6 BRAZOS COUNTY, TEXAS By: ro_ " AV - ( - Alvi . loner, Coun udge A)L~Z Apk..~Al . 0 l ' TELEPHONE (400) 761-4700 FAX (4001761-4757 cf v OG'b O Y Op JAMES M. KUBOVIAK COUNTY ATTORNEY BRAZOS COUNTY. TEXAS BRAZOSCOUNTY CODATHOUSE 700E 26TH ST. STE 725 BRYAN. TEXAS 77603-6727 REQUEST FOR AN AGENDA ITEM FOR THE NOVEMBER 21 2000 MEETING OF THE COMMISSIONERS COURT Request that Brazos County Commissioners approve a new "Exhibit A" to be inserted in current contract with Database Technologies, Inc. The original contract allowed for unlimited access to AutoTrack for the rate of $250 per month The only change now is that some of the menu items will be turned off if we go above $250 in one month. 08/08/2000 THU 09:12 FAX 809 361 8337 BRAZOS COUNTY ATPORNEy 0 004 DBT Online, Inc. 5/18/00 8:44: PAGE 3/3 Rig'htFAX FLAT RATE SIIBSCR m AGREEmxNr _ TERMS AND CONDITIONS Exhibit "A" DDT Price List PRW&- DBT agrees t4 pmt D AWs COU"yA7T0Rn OFMP. With unlimited access to AutoTraok Plus or AutoTmr-k XP at the rate of $250 per month for a period of six months beginning 6/1/00. SPECIAL CONDMONS: The flat rate would not apply to copies of `premium Reports" which now consist of (1) National and Florida criminal records and motor vehicle accident reports (MVRsj (2 Reports. (4) Dun $ Bradstreet Reports, and (5) Link It Anal) Experkn Business Reports, (3) Info ion will be turned off to prevent access from the menu. If Analytical The ~Q11Ob1 Report options we can arrange to have them billed transactionally in addition to the flat rre pric~ please notify us and This agreement will become effective the first of the month DBT receives the signed agreement BRAZOS COUNTY ATTORNEY'S OFFICE . BT: / .i 021 r-,)f PRINT NAME: Alvin W. Jones TITLE: Brazos County Judge DATE: DATABASE TECHNOLOGIES, INC. BY: PRINT NAME: TITLE: DATE: 1 1 i i t f 0 9 7 6 E r~ 1 08/08/2000 THU 09:10 FAA 309 381 4357 BRAZOS COUNTY ATTORNEY r 0002 j,)nr untine, Inc. 5/18/00 8:44: PAGE 2/3 RightFAX TERMS AND CONDITIONS THL FOLLOWING TLR1rs AND CONDTi TOYS GOVERN THE USE OF All, ONUVE SERVICPS PROVm[D 13Y DATABASE TECINOLOGILS, LVC C'r)8T') VOL' \L4Y NOT LS E SUCH SERVICES, OR THE INtFORMATION AVAIIABI F, FROM SUCH SERVICES, WITHOUT FIRST ACCEFMQ TH]S F, TEXt Z AND ODNDTRONS. 1. SOFTWARE LICE.NSEc LICENSE TO USE SEERVICES AND INFORMATION'; RESTRICTIONS ON USE Fa salons as Subsmber sbsvrbes to the Wpli able DOT Scmcoe aid fully ocmphei with the tams of the Subscriber Agreement DITr shall madec avatlnble to Subscriber, from ume to ume, cotun sattwve end modlicatiom .rid updates to such wftwere (uoHcctrvcty, the'Safheare") in comeorhon with llhe Sarviecs, in ads to sucers tA. Information. DITr !hereby Vona Subsenther a limned, revocable, n-cjn:Justve, non•tirsafaablo license to use the Software, cod to .coon aad use do* Saweocs and the Information, far mtonal re evch aid invesvgauive purposes only, and not for resale, far the uses spaeifiod by Subscriber in dm Subaa*cr Qualification Promo Subscriber may mnke an. copy of the Software for backup or reuval purpose; provided that Subunber yupboatas ea ouch badttp owy the mpyng,t notice sad otbor identifying rdormni boa an the Software Subscriber must notnfv DHT in writing d31 wrthes to make army addatmal a" at the Software so that DB'1 wry properly tract a,.b Sattw,es Subscriber nay dowWetwd a poraueh orthe bhfotmsben to n storste device far the purpose of printing Reparta Suhncrhba skill not sell. copy. rhpradukt or trandw Um Wartnu,m in bulk ar rcxll the Reports Subscriber shall rid provide fomm to the Savhehaa to ray uther party In .sung the Services and the Information, Subscriber shall comply Willi all eppbcahle federal end state laws sad regulabam ahtiMing. widhaut luratabwt any rep eins or use requirements under the FORA to the aid we Wplhhalhla u" Subs.rba bre3c hes thh w paovhnor% DBT may lastmnste Subserhba's aaoaru to the Samar end Ldornebon and eedt an iryunawn end say other evetlab►e relic sga.tet Shhbsohber DB'I reserves the fight to restrt4 Subaatba's aergs bo oartam panacea of the S wvkeo and bit ame4m s. DIIT LNTELLWrUAL PROPERTY; RIt.aHR AN13 TITLE The Sofwers end copyright to the primed stform.thon supplied by DBT and the rcperu provided to Subscriber by DBT oontumnig cosh revalts of the btfo melion (the "Report{) are and shall rawea the intelkaAUd prop" of DBT and its third pry sRpbas Subnorhbor may pint a ocpy of the d.umco:nnaa from Ila Sottti<ee only for Its cwt use for the sole purpose of opoaAng the Software Subsorkar aahnowledecs that the Software, die Sarviom the Information and the Rzp" w proprldary to DBT and mnnteia eop)ngated Ionian, bade secrets end proprieuvy armrmabon woad by a lhav and to DBT Suhstrlba dull nit de-0on,p0, reverse engineer, dissemble or odnrw isc reduce the Software to human voudable f ,rut Sh,bxnber mey not nw,dlfv, rent, lane, low., or dtmibute c*cs of the Softwere Suba nber may act areas derivative, saRw.n based upon a y ardc secret or pmpnetary nfarmation of DBT Subscriber aeknowlodgm that the Leine ad fMh lhaau is act a sole of DBT inwileao.el property and drat DBT and its snpphas mrnrmhe to we ell nght, title and interest in and to the Software. Services, Informabm and the copynplit to the "arts, including but nol bmuted to hilt rights hndor epplheabk uildJeerul property bwa Subscrnber shall use the Sane.; Wamshea had the RapcrU avtntent with such rigat, title and rrtad of DET Subscriber stall olavn no proprietary inner..} in my tithe Sancti tar the inforovhtim 3 US. G0%Tll2NAf3LNT USE Uee, dupbeeuen or cindotms afthe Software by the US Oovanmern u subject to "Rrxtrnded itigfhla", p that tam st ddincd m the Department of Defeue ("DOD") Supplanas to dw Federal Acquisition Rsprlaboro C'DFARS') ion paraVapb 231227-7013(uXIX'u) ifto the DOD. or, hf dw Saftwrc a supplied w my unm or atawy d the U S Oovamhar other than DOD, the Govanhnnt's nghts in the Stftware thrill be as "LFWA in WhprLgrViis (c)(I) or (e)(2) it FAR 5122749, Commercial Creoputer SollwsoRcsDtded Right; or FAR 52 227-14, Rights in Ocovd Data AAmutrve ]A n Wpbcable. Centrado Database Terlehololpes, Yea, 4530 Blue Loks Disve, Boa Raton, Flafi la 1. 4, USER IDENTiF1CAT1ON. LVQL7RY LOG Subscriber shall tt WL'Uh The eadtdmashty of in assigned saw identsfioetion Ilambart to dh. Sirius and shall be rhapaeable for oil charges incurred ender arnoh numbaa Eeeh of Subscriber's ruthoned users atoll be asshVwd a unnere user fderdiSotlon r.ena ar amber ("10") The name clench user nnocuted with each ID "I ha pronged to DBT Subscriber shall incrp that no ID ampwd to Subseriba's amount a uecd by mac than nn. ndtvhdutl end that uess do net otherletm ekere Ma UnJeas Subsenber is a duty comadrted law enfereemhami or government aeoncy. DBT reserves the right W m ountan and, few any l tplimsic reason, rtv,ae log conwnng say ngary details and adier ectivnbq pisfamed by Subsu iber S M-FEL S-CTUAL PROPERTY INDEKNITY. DBT tsW1 indemnify, ddad and hold Subsa*cr Ihamdea ft m and Vuad any end all claims, loses, cots, damagm and capons= (includhns .amity's fees) (cullecavr]y "Lcacr) to vibe anent wssint art of may claim by busy third party tbst the lioftrav violates such Parry's eoPYnP)uti tradernrt or other U S nmdte li-id property nghts G LNDF.11MN E"t to dare eh0a9 (O provided n Section 5 above or (a) arnog out of the Vow negligence or willful rmsca duct of DBT, Subsahbes sba:f ndamrov, 44iiernd, and held DRT harmlen from and a Vunt any Losses ra 0ting aoha clams by third parties tans era or Shbsernbar's use or the Services or the Informtbom 7. LL MATION OF LfAYIEU Y S-baahbQ ec#nwlehdgw tau DBT rdieS cvh other% mcludahg the ae "cars and reporters ufpublie rw-dt, n provibnp, th. Services vnd the Wcrmaboet THE SERVIM AND TILE 1264FORb1AT1014 ARE PILOVIOLD 'AS IS' AND -AS AVAELAffiE'h WIT3fOL1T WARRANTY, EaRlSS OR LOLLED, VC3.L:DLNG, WITHOUT UM1,IATIO\, A\"Y WARRANTIES OF MLRCBANfAMM OR FM.ESS FOR A PARTIGLI AR PLTPOSE Neither DBT near htay third pearly noire. of Lay Infoutatica dull be table to Subusiba (arts any person or entay damns trough Sebsarba) fa any damaew_s wring Son, or car std arm whole- or in par from (i) aeon or omissions n the Servteu or the Indarciabo ; (ate) wry interruption in the Savior; (in) DOTS or why third party sottue's neglhted eda or ownssiom in procuring wmhpilop^ smtatprctns, reporting or dch%wag the liafarrmtnar; or (iv) utsorwise in providing the Services Nothnthsummig this p+ngWh, in the evert tat DBT or wry turd party mum shall be Await liable, for say dwaaVs for may mesas ro]a¢ng to Subscriber's Use Of the Servhccs or the Wamabeer, the appropriate MCLa re of each china=a.deep be the um paid by Subscriber far die Same= end the InfrmaDm specifically rrlabrht to such lots a NO CONSEQUENTIAL DAMAGES IN NO EVENT SHALL. DBT OR ANY TH= PARTY SUB IM TO Df3r BE UABIE FOR ANY LNDIREGT, SPECIAL, PUATn VE Olt CONS EQL'1NMAL DAVAC-EN. EM IP DBT HAS BEEN ADVEM OF THE P UMUTY OF SUCH DAMAGES. A EIiCLTSARLE MAY Th. amlaWrty of Samoa and kdWo abee is arbjed so settarraptiea and d 4q ('Sim able Pola r) dsc to asset bayood ngrs waaaabk nwntrol DOT shall ad be liable to S■brsbee for any Exaamble Ddry I 1& ADVERrISMC. Nhithar party stall .w, to may a&cmmg tale poonadloq psbbaty or attar psbllo w am" aonsmunaud on36 any trade awn, Vadanwarh4 service merit. or lop owned by the dbar poly, withosel pia vwdtm cars" dsamb perry. 11. PURCHASE ORDEL If Subscribds parebasa order is and is cisjtndim v lth tea AreasneaR Ae tam sad imadtbmas aid ford in dais Apr wnam are etude a pert d and saran so tlss avast cf wry coafba wdb the laws. d st alt parchase ardor. 12 DEF9JED TERMS. Capitalized tanq avid base said visa aMwfso ddaosd dap love tia samara ash lord is do Sabaerlbar Agramast to wlaida does Tres and Conditions we alhaicd and seado a part of • Q003 ` 08/0812000 THII 09:11 FAX 609 381 1357 BRA70S COUNTY ATTORM - unr unline, Inc. 5/18/00 8:44: PAGE 10 RightFAX DATABASE TECHNOLOGIES, INC. FLAT BATE SUBSCRIBER AGREEMENT This Agreement is dated as of May 18. 2000, by and batwxn Database Tedmologics, Inc ("DBT") with its priocipal address at 4530 Bluc Lake Drive. Boca Raton, Florida, 33431 and BRAZOS COUNTY ATTORNEY'S O>i►MR ("Subscriberrl with its principal address at 300 E 26TH STREET. SUITE 325. BRYAN TX, 77803 and applirs to Subscribers use of all services pmvidod by DB'T, For porposm of this Agmemeck all references to DBT ahatl imiudc DBrs damLon4 officers, employees, agents, alditiatm and assigns. The smioxs provided by DBT shall include, without limitatioo, all online savicsa, data rtdrietaal serving, gateway access, customs cervix and docume".ton prmdod by DBT liosn time to tune (oollwtively, the 'Services"). All information prmided by DBT in eonneWon with the Semom, induciittg witbottt limitation, all dale, reports and files ate oollectively referred to as the "iaftirmauon" 1. SERVICES Bated upon the uses which Subscriber has ustdtad to D63T, DST shall provide Subacrtber with the Services designated by Subtscriba from time to tine; is uwdaatm fa the fees for the Savicca as set forth m Section 3 pursuant to the aaanccd Tam and Conditions (the "Tams and Conditions') which abA v- -n 3uLbeiitia'5 use of tree Saytua and the Information Subscriber shall non use the Information obtained ttuougb the Sorvtces for credit granting, credit atacidatcig, account revncw, iosuuanoc tnderwra ias employrrcent or any other purpose prohibited by the Fair Croft Reporting Aar, 15 US C Sec 1681• at sal CTCRA"1 and stttular state statues D73T raervcs the right to immahsdy tmninex this Agra=eat and Subscriber's access to the Services and the lnfamatioa if Subsmba violater tin Section 1 or my other provision of this Aamment or if Subscriber's use of the Services is other thin as set forth ham L HIIGIBII.ITY. Subscriber adwowledges that DBT does not provide the Services and laformatioa to the general public. Subscriber represents wad wauants that Subscriber is other a licensed prafe.sicnal in good standing (i,) a cmipany with It genuior and lcgiurnatc busmas need for the Services lard Infccination for the uses identified by Subscriber in Sub ocn%er's Use Catiftoam= or (iii) a duly constituted kw enforcement or other govenintentil agency. Subscrb shall provide proof of lsceasure upon request of DST. Subscriber shall use the Saviccs and the Infmymmm only is the orch=y course of Subsatber's business in a maantt Viaup.iate for such business. for the uses ideatibed to DST by Subscriber in Subcnba's Use Caufieadon Subscriber shall promptly notify DBT of any change III Sub orriba's status aitTectmg Subscriber's eligi3nhty to use the Savica. 3. FEES AND CHARGES For the Services and the licence hereunder, Subsenba shall pay DBT the applicable rues a rtaoanced by DST from cane to time either in writing or online or as speufiedy agreed upon to writing by DBT and Subscriber (the "DBT Pricc Lst-). DST may matte changes, additions and dcldions to the Savrce and the ;derv loo at any time wubmt prior notice and such changes shall nix abed the rate sot forth on the DBT Mee List DBT shall mveeoe Subscriber for all fns and charges boAred, and such mvoiieas are due and payable upon receipt. 4. TERM AND TERMINATION This Agreement may be tewLkXAA at any time by either parry upon thirty (30) days prior wrrktcn notice to the other party Notwalistaodiag the foregoing. if Subscriber breaches this Agreement, DST &MB have the right to e-^^in- Oxis A,&wc=eat linniatn tdy either with or wabout notice Any tezmiw, of this Agreement sha[1 not xtfect any fees or charges then dx to DBT @atn Su'osarber. Upoa any such to -kiatic, Subscriber shall c4exic lung the Swirices and shall delcie f'.= Subscriber's computers and other media all copies of any Soltwme provident by DBT in connection with this Agreement and return to DBI, within ten (10) days thaetfla, all Satiwaaq manuals imd dmurtentation provided id connection with tie use of the Servncm S NOTICES. Except far any Aga to the DST Price List or as otherwise provided heaeia, any notice resitrincd or patnuttod to be seat under this Agreaartent sha Il be in writing and delivered personally. sent by prepaid reguhr first-class certified marl return recept requested, cc by overnight cou na to the addressee specified above, or such addrerre either party may specify im writiag, and aball be effective on the data received 6. ASSIGNMENT. Subscriber may not mmgn or sublicense th6 Agreement or nay rights hereunder, wihout the prior written consent of DST. 7. SEVERADEUrY. Should coy tam or coatditica of tbtis Agreement be declared illegal a tiaeuforcmtblq such illegality at viticnfarceabtlity shall not a&A any other tam cc madam hereof & SDRVIVAL The provisions of Sections 3, 8 and 10 hereof and Sections 1, Z 3, 5.6. 7 and $ of the Tereus and Ca Aitkw shall survive the taminetim ofthis Agreement, for amy reason. 9. E.'VTIR,E AGRERPA$r1T . This Agreem at, the DST Puce List and the aa=&cd Terms and Conditions are the ooclusiva agrcanent of the parties wish rasped to the subject mazer aaoof and supcnode all prior neRauatims. representations imd Katemet is This Agreement may be amavdod only upon the writes consent of bath parties 10. GOVERND G LAW. This Agrees neat shall be governed and construed in aoeerdaaee with the laws of the StAe of Florida, without refaenc a tom prindpla of emtiids of laws Ndwitbrtiode g DBT'a prior aigaaturc, this Agretemmt does nd omstitub an offer to provide Service by DOT and" robe binding until Subscriber (i) has berm acmpted by DBT following the Subscribe QualificAim Process; aztd (is) ha barn issued a 1= idmbficaiian ni mbes +md password by DBT BRAZOS COUNTY ATTORNEY'S OFFICE (5MBSCRIBE R) BY: a » xAm to W. Tonur TfTLE. / DATE: ~"(O0(2 DATABASE OLOGIES, II~jC. PRJ Nt NAME TTI'LL► DATE tteviwl 1I" - 3 ,i-,res.. a f t~ r• F i CAPPED FIAT RATE SUBSCRIBER AGREEMENT TERMS AND CONDITIONS Amendment to Exhibit "A" DBT PRICE LIST Amended: November 8, 2000 Effective: December 1, 2000 PRICE: DBT agrees to provide Brazos County Attorney's Office with unlimited access to AutoTrack at the rate of $250 per month, for a period of six months a/Ya VaaLiaaV, AaaV LL/ %741 VV L4.4V e'AVG &14 nxxnrrAJI 0 0 DSTONLINE, /nc, A CNOlCEAD/MCOMHiNY CAPPING PROCEEDURES: We will provide Brazos County Attorney's Office, with unlimited access to housed data sets, and access to gateway credit header data in accordance with the following. If Brazos County Attorney's Office's total monthly search volume exceeds $300 in transactional search value, the department's access to gateway credit header services will revert to housed credit header data for the remainder of the month. At the beginning of each month, full gateway credit header services will be restored. SPECIAL CONDITIONS: The flat rate would not apply to copies of "Premium Reports" which now consist of (1) National and Florida criminal records and motor vehicle accident reports (MVRs), (2) Experian Business Reports, 3) InfoUSA Reports, and (4) Link It Analytical Reports. The Premium Report options will be turned off to prevent access from the menu. If you require Premium Reports please notify us and we can arrange to have them billed in addition to the flat rate price. n 0 'v 0 IR r1 r oa JAMES M. KUBOVIAK COUNTY ATTORNEY BRAZOS COUNTY. TEXAS TELEPHONE OM 761-4700 VAX (4" 361.470 BRAZOSCOUNT'COURTHOUSE 700 E 26TH STS STE 723 BRYAN. TEAS ?7603.3727 REQUEST FOR AN AGENDA ITEM FOR THE NOVEMBER 21, 2000 MEETING OF THE COMMISSIONERS COURT Request that Brazos County Commissioners approve agreement with Texas Commission on Law Enforcement (TCLEDDS) for an annual fee of $255.00. TCLEDDS provides a system to track law enforcement training. This system will help us track training hours for our investigators, and also tell us where an officer is commissioned. This information will help locate officers that have left town and are needed as a witness in Court. 4 ~ie~ va U r . e THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL a 10/11/2000 20:56 7139399099DEMO o PRODUCTIVITY CENTER PAGE 02 INSTRUCTION SHEET Agency/ Department Please read and complete steps 1-6 c refully: 1. Confirm information on License to be signed by your TCLEDDS Administrator. 2. Read and sign to be signed by your TCLEDDS Administrator. 3. Each user needs to read r , and sign User Veriflcatlon(Form C). Your TCLEDDS Administrator will verify all persons I sted on Form C. 4. Complete Inyolc2/ Purchase Form (Form DI , to be signed by Accounting. (Includes Texas Vender Catalog Information.) I - 0 - z S. Fax or mail all Information to Please note Contact Numbers and email Productivity Center, Inc. Texas Commission on Law Center, Inc. asses: Telephone Fax Email address: nent Telephone Fax (713)939-9777 (800)807-7188 (713)939-9099 tcledds0prodctr.com (512)936-7700 (512)936-7766 ADDITIONAL INFORMATION : Minimum Hardware/Software Req irements for TCLEDDS Web User i CPU: Pentium class or tter RAM: 32 M9 or better Comm: Internet access re uired Storage: N/A Monitor: 14" VGA Color Mo Itor Operating System: Windows 95/98/ 'Faster Modem may increase responsetime of the TCLEDDS system. i i II Pr6ductivlty Center, Inc • 5600 Northwest Central Dr., Suite 200 • Houston, TX 77092 (Voice) 800-807-7188 • (Fax) 733-939-9099 • (Email) TCLEODSOprodctr.com . www.prodetr.com 10/11/2000 20:56 7139399099 PRODUCTIVITY CENTER PAGE 03 Form A US TICC ILE 0 APPLICATION / LICENSE AGREEMENT Agency/ Department A License Agreement Is required for all Agendes/Academies using the TCLEDDS system. The term is for one year. This license covers the databases as follows: 1. Statewide Information - One user ID per agency (This allows access to all officer information within your department and the ability to search for all officer's information in the State of Texas.) 2. Department Information (This Access shows all of the officer information for that department. You may also submit LI's, FS's, and rosters, when applicable.) Contact Person: WILLIAM K. MCKOY Department Name BRAZOS COUNTY ATTORNEYIS OFhI e $ Phone: (979) 361-4300 Fax Phones (979) 361-4357 Street Address: 300 E. 26TH STREET STE. 32S Email: BRYAN.TX 77803 IF DIFFERENT FROM ABOVE: Contact Person: Department Name Phone: Fax Phone: Internet Address Email: Street Address: City: State: Zip: ACKNOWLEDGMENT I understand and agree that TCLEDDS Is a protected, copyrighted, trademarked software product developed by Productivity Center, Inc. (PC, Inc.). The TCL.EDDS system is to be used by only Individuals in agencies approved by The Commission on Law Enforcement to track the training, testing, certifications, and history of individuals and/or departments involved with Law Enforcement. I also understand and agree that this TCLEDDS Ucense and the 'right to use' is provided to me only through this License Agreement as a result of a annual license purchase. I will not use this system for purposes other than Intended by the Texas Commission on Law Enforcement. I agree that all the information provided herein Is true and accurate-. SIGNATURE OF PERSON RESPONSIBLE FOR DISTRIBUTING TCLEDDS LICENSES: _ DATE All Information obtained from this page will be used to effectively identify your agency and verify your request to obtain access to the TCLEDDS program. All applications are subject to review and approval by The Texas Commission on Law Enforcement. You will be notified once PC, Inc receives all paperwork, filled out correctly. i ell .11 Productivity Center, Inc. 5600 Northwest Central r., ui e • Houston, TX "'D' 77092 - - - - a Form B Confidentiality & Non-Disclosure Agreement (ALL TCLEDDS ADMINISTRATORS MUST FILL OUT THIS AGREEMENT) Named Judge Alvin Jones SS NO: Dept.: Brazos County Position: Brazos County Judcle Agency/Academy/School Name: -Brazos C o u n t v Attorney's O f f i c e 10 • For and in Consideration of the mutual benefits to be derived from operation of the TCLEDDS System, I hereby agree to the following: 1. Proprietary Interest/Copyright Protection. I understand that the TCLEDDS System has been devised by Productivity Center, Inc. ('PC'). The ownership and proprietary interest in same is governed by the agreement between those entities regarding its development. I acknowledge that neither me nor my employer have a proprietary interest in TCLEDDS and that it has been developed as a proprietary program, application, or trade secret, and that the trademark, patent, and/or copyright of same belongs to the owner thereof. I agree to hold and use TCLEDDS acid the information obtained thereby in strictest confidence and will not divulge, nor permit myself or others under my supervision to divulge any data, design, or information with respect to TCLEDDS or the programs and technology embodied therein or other information relating thereto to any individuals or consultants not approved by The Commission to access this system. Any trademarked, patented, or copyrighted materials including but not limited to, commercial computer software that may be made available during the course of using TCLEDDS is protected by copyright laws and is NOT to be copied or reproduced in any manner of form without prior written permission from the trademark, patent, or copyright owner. 2. Non-Disclosure. Any information I receive concerning any TCLEDDS data, person, system, or asset of The Commission or the TCLEDDS System is of value to the State of Texas, and is considered confidential or sensitive. 1 will not disclose any data or information to any other individual or entity unless such release of information is directly related to the performance of my law enforcement duties/responsibilities. I agree that both during and after my use of the TCLEDDS System, I will keep confidential all information and material provided to me by The Commission (excepting only such information as is already known to the public) and not to release, use, or disclose any such information without the prior written permission of The Commission. 1 will not show or give Database Code, Design and/or Data to any person/consultant or company not on the approved TCLEDDS user list for the State of Texas 3. Non-Compete. I agree not to copy, use, remove, transfer and/or disclose to any software consultant and/or software company any part of the TCLEDDS application. 4. Security. With respect to the TCLEDDS System and all related information and matenals, I agree not to provide or otherwise make available any licensed program or optional material, including but not limited to database data and/or images, flow charts, logic diagrams and source code, in any form, to any unauthorized person without prior written permission of Productivity Center, Inc. 1 will abide by all written conditions and restrictions imposed by the TCLEDDS Network Manager, and I will NOT attempt to circumvent the computer security system by using or attempting to use any transaction, software, files or resources I am not authorized to use. S. Passwords. Computer system password(s) I receive or devise are confidential. I will not disclose to any unauthorized person or entity any password(s) or post them where they may be viewed by unauthorized persons. Use of a password(s) not issued specifically to me is expressly prohibited. I am responsible for any computer transactions performed as a result of access that is authorized by use of my password and approved user ID. 6. Other Applications. I agree that all of the foregoing TCLEDDS applications shall be subject of the confidentiality, non-use, and non-disclosure requirements hereof. I acknowledge that performance of this contract may result in the development of new proprietary and secret concepts, methods, techniques, processes, adaptations, and ideas, and 1 agree that the same shall be solely and exclusively to Productivity Center, Inc. without regard to the origin thereof, and that I will not, other than in the performance of this contract, make use of or disclose the same to anyone. 1. Monitoring. 1 understand that all access, logons, and entries on the TCLEDDS System are subject to review by the Texas Commission on'Law Enforcement and Productive C ter, Inc. and that Prod ' '.enter, Inc. will periodically and randomly 11101 Am monitor any such entries, Including E-mail, to assure compliance with the provisions hereof. I understand that If my site uses a server to distribute TCLEDDS to Its users, my site will be expected to provide and/or make available complete reports of log-in and log-on names of all TCLEDDS users at my site or for my units. 2. Miscellaneous. a) Severability. Each paragraph and provision hereof Is severable from the entire AGREEMENT and If any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. b) Law of Texas. This AGREEMENT shall be governed by and construed In accordance with the laws of the State of Texas and shall be enforced In the County of Travis. C) Amendment. No changes to this AGREEMENT shall be made except upon written agreement of both parties. d) Headings. The heading used therein are for convenience of reference only and shall not constitute a part hereof or effect the construction or interpretation hereof. e) Waiver. No failure on the part of any party to exercise, and no delay in exercising, and no course of dealing with respect to any right hereunder shall operate as a waiver therof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of an other right. The remedies provided herein are cumulative and not exclusive of any remedies provided by law or in equity, except as expressly set forth herein. f) Counterparts. This AGREEMENT may be executed in any number of and by the different parties hereto on separate counterparts, each of which wlien executed shall be deemed to be an original, and such counterpa:ts shall together constitute but one and the same instrument. I have read and understood the above information. I will comply with all policies, standards, and procedures adopted to safeguard information and associated resources. Further, if I become aware of violations of any of these policies, standards, or procedures, I will report them to my supervisor and the Texas Commission on Law Enforcement Network Manager. IN WETNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as of the date first above written Signature of TCLEDDS Administrator: Date: W~ AA s i 10/11/2000 20:56 7139399099 1 PRODUCTIVITY CENTER PAGE 06 Form C USER VERIFICATION Agency/ Department BRAZOS COUNTY ATTORNEY Authorized Administrator, You will receive 3 Department Licenses, one of which is a Statewide user ID. Additional user ID packs are available (for fees noted on Invoice/Purchase page). Each user must have a signature on file In order to receive a user ID to access the TCLEDDS system Statewide User ID The Statewide user ID allows access to all officer Information within your department and the ability to search for all oMcers and their location in the state of Texas. By signing, he/she is stating that he/she has read and agree to the terms and conditions stated In the Mon-Disclosure Acreement (Form B-L Statewide Authorization Name Signature SSN DOB Wi 11 iam K McKov IXI/C4b4-70-4191 3/12/45 10"i • Department User ID This Access shows all of the officer information for that department, the ability to send L1's, F5's, and rosters, when applicable. By signing, each officer is stating that they have read and agree to the terms and conditions stated In the Non-DisclosureAgneement (Form B). Name (Print) Signature SSN DOB 1•WiIIiam K. McKo G b - - 2. 3. 4 S. I 8. 7. 8. 9. 10. 11. 12. 13. 14. 15. 18. 17. 18. 19. 20. 21. 2. 23. 24. A productivity Center, Inc. 5600 Northwest Central Dr., Suite 2u$Con, TX 77092 ty (Phone) 800-607-71a8 -(Fax) 713-939-9099 • (Email) TCLEDDSOprodctr.com 10/11/2000 20:56 7139399099 rleCr IL E 0 0 S, PRODUCTIVITy CENTER PAGE 07 Form D INVOICE/ PURCHASE ORDER INFORMATION Agency/Department: BRAZOS COUNTY ATTORNEY BEFORE ACCESS TO THE TCLEDDS SYSTEM IS ACTIVATED, ALL INFORMATION SHOULD BE COMPLETED AND RETURNED TO PRODUCTIVITY CENTER, INC. eThe annual license becomes affective once an Agency has received User IDs and Passwords. VENDOR NAME Productivity Center, Inc. VENDOR ADDRESS: 5600 Northwest Central Dr., Suite 200, Houston, Texas 77092 QISV CATALOG ID: WD 1-76-039-5455.700 VENDOR ID 1760395455700 VENDOR NUM/JER 64016 DESIGNATION CODE: WO TEXAS VENDOR CATALOG PAGE NUMBER FOR TCLEDDS SOFTWARE LICENSE: Page 19 Contact Name: WILLIAM K. MCKOY Phone: (979) 361.4300 Street Address: 300 E. 26TH STREET STE. 32S Fax Phone (979) 361-4357 BRYAN,TX 77803 Email: 1LNG INFOI Contact Name: Address: 300 L. 26th St., Suite 325, Bryan, TX 77803 + Phone- (979 361-4300 Fax: 9%9-361-4,157 Commodity Class a>< 20-47 Category f, # of User IDs 3 Fee• Addi4Qpal User ID_P Lfka_ Commodity Class 9 920-47 • of Addl. IDs le (See Pricing Below) Fee Addillon11( Lltense Feea Total Billing Amount: a5 q. 0 0 1-5 User ID's $30 each *Fee Is dependent upon category site established by TCLEOSE for your 6-10 User ID's $25 each entity (agency, academy, etc.) 11-20t User ID's $20 each FORM OF PAYMENTI ChecWMoney Order (Make checks payable to Productivity Center, Inc.) Credit Card Please circle: Matter Card / visa / Ames Card Number Exp. Date: Name as it appears on Credit Card: Credit Card Billing Addreaa City State Zip Signature of Cardholder Purchase Order PO Number: Tax Exempt (check It appropriate) Tax Exempt Number: Productivity Center, Inc. 5600 Northwest Central Or., Suite 200 • Houston, TX 77092 3 10 COUNTY COMMISSIONERS COURT, BRAZOS COUNTY, TEXAS ORDER NO. AN ORDER OF BRAZOS COUNTY, TEXAS DECLARING THE PUBLIC NECESSITY AND CONVENIENCE FOR ACQUIRING ROAD RIGHT-OF-WAY FOR THE STRAUB ROAD PROJECT CONCERNING 0.064 ACRES BEING OUT OF THAT CERTAIN CALLED 6.00 ACRE TRACT OF LAND SITUATED IN THE SAMUEL DAVIDSON LEAGUE, ABSTRACT 13, BRAZOS COUNTY, TEXAS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND EXIIII31T "B" ATTACHED HERETO, INCORPORATED HEREIN AND MADE, A PART HEREOF FOR ALL PURPOSES, OWNED BY MITCHELL C. SMITH AND WIFE CHERYL A. SMITH, FOR THE PUBLIC PURPOSE AND USE OF AND FOR THE LOCATION OF ROAD RIGHT-OF-WAY FOR LOCATING WIDENING, IMPROVING, MAINTAINING, REPAIRING AND RECONSTRUCTION OF STRAUB ROAD WITHIN BRAZOS COUNTY, TEXAS, AND ORDERING THE CONDEMNATION OF SAID PROPERTY IF BRAZOS COUNTY, TEXAS STAFF IS UNABLE TO ACQUIRE THE PROPERTY BY PURCHASE, FOR THE AUTHORIZED OFFICIAL OFFER AND PROVIDING THE NECESSARY DATE. 0,11 WHEREAS. Brazos County, Texas hereby determines and declares that a public necessity and convenience exist for the acquisition of road right-of-way on the property described in Exhibit "A" and Exhibit "B" attached hereto, incorporated herein and made a part hereof, for the public purpose and use of and for the location, construction, improvement, maintenance, expansion, widening, repair, extension and reconstruction of Straub Road thereon and located in Brazos County, Texas. BE IT ORDERED BY THE COUNTY COMMISSIONERS COURT OF THE COUNTY OF BRAZOS, TEXAS: Section 1. That the findings and recitals in the preamble of this Order are hereby found and determined to be true and correct and are hereby approved and adopted. 1 Section 2. That the official offer by Brazos County, Texas, for the 0.064 acres necessary for road right-of-way to the land described in Exhibit "A" and Exhibit "B" attached hereto, in the amount of $512.00 represents the right-of-way's fair market value based upon an appraisal by an independent fee appraiser, and is hereby confirmed and the County staff and its authorized agents and representatives are hereby authorized and directed to offer the owner the amount of $512.00 for the necessary property. Section 3. That in the event the authorized official offer described in Section 2 is refused by the owner of the said property designated for the right-of-way, the County of Brazos. Texas is hereby authorized and directed to institute and prosecute to conclusion proceedings in eminent domain against the owner of said property and against all 401 4 interested owners, leinholders and other holders or claimants of an interest in the said property. Section 4. That Brazos County, Texas authorizes the law firm of Bruchez, Goss, Thornton, Meronoff and Hawthorne, P.C. to act together with and on behalf of Brazos County, Texas to acquire the subject property and if necessary institute and prosecute to conclusion proceedings in eminent domain as authorized in Section 3. EFFECTIVE the Z/ Lrday of November, 2000. - &u- -:::2L COU Y JUDGE ~J COUNTY COMMISSIONERS COURT, BRAZOS COUNTY, TEXAS ORDER NO. AN ORDER OF BRAZOS COUNTY, TEXAS DECLARING THE PUBLIC NECESSITY AND CONVENIENCE FOR ACQUIRING ROAD RIGHT-OF-WAY FOR THE STRAUB ROAD PROJECT CONCERNING 0.837 ACRES BEING OUT OF THE REMAINDER OF THAT CERTAIN CALLED 34.61 ACRE TRACT OF LAND AND OUT OF THAT CERTAIN CALLED 18.2 TRACT OF LAND SITUATED IN THE SAMUEL DAVIDSON LEAGUE, ABSTRACT 13, BRAZOS COUNTY, TEXAS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, INCORPORATED HEREIN AND MADE A PART HEREOF FOR ALL PURPOSES, OWNED BY LEAH SOREA SMITH AND JOHN T. SMITH, 111, FOR THE PUBLIC PURPOSE AND USE OF AND FOR THE LOCATION OF ROAD RIGHT-OF-WAY FOR LOCATING WIDENING, IMPROVING, MAINTAINING, REPAIRING AND RECONSTRUCTION OF STRAUB ROAD WITHIN BRAZOS COUNTY, TEXAS, AND ORDERING THE CONDEMNATION OF SAID PROPERTY IF BRAZOS COUNTY, TEXAS STAFF IS UNABLE TO ACQUIRE THE PROPERTY BY PURCHASE FOR THE AUTHORIZED OFFICIAL OFFER AND PROVIDING THE NECESSARY DATE. • WHEREAS, Brazos County, Texas hereby determines and declares that a public necessity and convenience exist for the acquisition of road right-of-way on the property described in Exhibit "A- attached hereto, incorporated herein and made a part hereof, for the public purpose and use of and for the location, construction, improvement, maintenance, expansion. %%idening, repair, extension and reconstruction of Straub Road thereon and located in Brazos County, Texas. BE IT ORDERED BY THE COUNTY COMMISSIONERS COURT OF THE COUNTY OF BRAZOS, TEXAS: Section 1. That the findings and recitals in the preamble of this Order are hereby found and determined to be true and correct and are hereby approved and adopted. Section 2. That the official offer by Brazos County, Texas. for the 0.837 acres necessary for road right-of-way to the land described in Exhibit "A" attached hereto, in the amount of $5,440.00 represents the right-of-way's fair market value based upon an appraisal by an independent fee appraiser, and is hereby confirmed and the County staff and its authorized agents and representatives are hereby authorized and directed to offer the owner the amount of $5,440.00 for the necessary property. Section 3. That in the event the authorized official offer described in Section 2 is refused by the owner of the said property designated for the right-of-way, the County of Brazos, Texas is hereby authorized and directed to institute and prosecute to conclusion 0 proceedings in eminent domain against the owner of said property and against all interested owners, leinholders and other holders or claimants of an interest in the said property. Section 4. That Brazos County, Texas authorizes the law firm of Bruchez, Goss, Thornton, Meronoff and Hawthorne, P.C. to act together with and on behalf of Brazos County, Texas to acquire the subject property and if necessary institute and prosecute to conclusion proceedings in eminent domain as authorized in Section 3. EFFECTIVE the JgLtrday of November, 2000. - atL4nz COU Y J GE YOL-2.~z~m ZZ-1% 11\ L -A BRAZOS COUNTY, TEXAS CONTRACT FOR SERVICES THE STATE OF TEXAS § COUNTY OF BRAZOS § This Agreement made an entered into this day of Ooyylnsr2 , 2000, by and between Brazos County, a political subdivision of the State of Texas (herein referred to as "COUNTY"), and Digital Archiving Services, a division of Newman Printing Company, Inc. (herein referred to as "CONTRACTOR"). BACKGROUND CONTRACTOR is in the business of providing digital imaging and records conversion and desires to provide these services to the COUNTY. COUNTY desires to retain CONTRACTOR to perform these services. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS, that for then dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to be legally bound as follows: • 1. Definition of Agreement. For the purposes of this Contract, the term "Agreement" as used herein, shall include this document together with Brazos County Request for Proposal 2000-033 and the Response dated June 29, 2000, from CONTRACTOR to Brazos County Request for Proposal 2000-033 (the "Response"). Any conflicts between the terms and provisions of the Response and this Contract for Services document, shall be controlled by the terms and provisions of this Contract of Services document. CONTRACTOR agrees to perform all the work and services described in the Agreement. It is expressly agreed that the provisions set forth in the Agreement constitute all the understandings and agreements between the parties. Any prior agreements, promises, negotiations, or representation not expressly set forth in this Agreement are of no force and effect. 2. Personnel. CONTRACTOR agrees to assign qualified personnel for all services provided under this Agreement. COUNTY recognizes that CONTRACTOR may perform similar services for others, nor shall it prohibit CONTRACTOR from using personnel working under this Agreement to perform services for others. CONTRACTOR will make every effort consistent with sound business practices to honor COUNTY requests regarding assignment of CONTRACTOR personnel; however, CONTRACTOR reserves the right to determine CONTRACTOR's personnel assignments. 3. Independent Contractor. It is agreed by both parties that he CONTRACTOR is not an employee of the COUNTY for the purposes of this Contract, nor is the CONTRACTOR to be construed to be an employee of the COUNTY. The CONTRACTOR is independent and therefore responsible for all federal taxes that may accrue as a result of this Contract, responsible • Agar Pap I oo-w6x cooaaet_ro<_srnsoa 'Y l e~ for payroll related costs that may accrue as a result of this Contract, is responsible for carrying all workman's compensation insurance, and is responsible for carrying all necessary liability insurance, all of which are more particularly described in the Request for Proposal 2000-033. It is agreed that the CONTRACTOR is responsible for all work related to this Contract until it has been accepted by the COUNTY. _ 4. Timeline. CONTRACTOR agrees to convert the records identified by the COUNTY pursuant to the timeline set forth on Exhibit "A" attached hereto and made a part hereof for all purposes. Any necessary alteration of such timeline shall be agreed to by CONTRACTOR and COUNTY in writing. 5. lndexinyt. The COUNTY departments will identify document categories and identify index fields for each category of documents. For the files which the COUNTY has electronic data, departments will identify which of those index values is unique and shall have the option of working with Brazos County Computer and Network Services and CONTRACTOR to identify additional indexes which can be extracted and converted electronically, which may include index fields to be identified as stated above. 6. Review by County; CONTRACTOR will strive for maximum accuracy in the conversion process and will verify the digital images created hereunder for accuracy. The COUNTY will review the digital images created in the conversion process within 15 working days of delivery and will notify CONTRACTOR in writing of any discrepancies or deficiencies contained in the digital images. 7. Performance Standards. CONTRACTOR shall adhere to processional standards in handling and processing of COUNTY's records and will perform all services required under this Agreement in a manner consistent with generally accepted industry standards and procedures for document conversion services, as well as the standards set forth in Request for Proposal 2000- 033. CONTRACTOR shall make itself available to testify in a court of law, as needed, about the conversion process so as to prove the authenticity and integrity of the converted records. 8. Document Transportation and Processing. CONTRACTOR shall inventory and sign a custody document for each set of designated documents to be converted as such documents are removed from the COUNTY Courthouse. The number of such documents to be removed at any one time shall be mutually agreed to by CONTRACTOR and COUNTY. CONTRACTOR shall transport these documents, at its expense to CONTRACTOR's facilities at 1300 East 29Th Street, Bryan, Texas. Once transported, such documents shall be re-inventoried for storage in a controlled access space until processed. All preparations, scanning, indexing and reconstruction of documents will be conducted at this location. Should the COUNTY require the return of any document in CONTRACTOR's possession for any reason, CONTRACTOR shall deliver it to the proper COUNTY office as soon as possible during normal business hours. As an extraordinary event and when circumstances require, the CONTRACTOR shall deliver a requested document within one (1) hour of the request if during business hours. If any set of files is of such an active nature that retrieval of documents becomes excessive (5 or more per week) and a disruption to the CONTRACTOR's production effort, such files may be returned to the Courthouse to be imaged on-site. Such request may be verbal, but the COUNTY shall execute a receipt for 00-3062 Contract forServxa VID aol- Page 2 of 7 -.y ti 4P • CONTRACTOR, evidencing the return to the COUNTY of a record previously removed from the Courthouse. Such return transportation shall be at CONTRACTOR's expense. Risk of loss or destruction of records during transportation, processing and storage shall lie with CONTRACTOR. CONTRACTOR shall establish and document the procedure whereby documents are removed from the Courthouse, stored, converted and returned. Such process shall be that used in the normal course of CONTRACTOR's business of document conversion. CONTRACTOR shall follow its standards and normal procedures for document conversion, such that this process can be testified to in a court of law, as the process used in the normal course of CONTRACTOR's business. 9. Disposition. After processing and acceptance by the COUNTY of the digital images media created hereby, CONTRACTOR shall deliver the original records to a site designated by the COUNTY. 10. Safeguards. All documents submitted to CONTRACTOR shall be safeguarded by CONTRACTOR at least to the same extent as CONTRACTOR safeguards information relating to CONTRACTOR's own business. COUNTY acknowledges that the majority of the documents supplied to CONTRACTOR are public records. However, to the extent any documents are confidential, CONTRACTOR agrees to undertake extraordinary measures to preserve their confidential nature. is i 11. Correction of Errors. CONTRACTOR shall reprocess, at its expense, any errors in the conversion due to a malfunction in CONTRACTOR's equipment or the mistakes of CONTRACTOR's personnel, in full satisfaction of COUNTY's claims, provided COUNTY has notified CONTRACTOR in writing of any claimed errors within 15 working days of delivery of the digital image media produced hereunder. Should CONTRACTOR be unable to or refuse to correct such errors, COUNTY shall be entitled to monetary damages, not to exceed the total amount paid CONTRACTOR hereunder. CONTRACTOR shall not be liable for incidental, special or consequential damages for errors created in the conversion of the documents as provided herein. 12. Charges. COUNTY shall pay, for the services described herein, premised on the volume of records described in the Proposal, the following charges: i ti i i Description Unit Price Volume Paper Records $0.15 2,929,000 Film Records $0.04 4,574,500 TOTAL 00-3M ca►na-fiw_saV=S Total $435,382.00 $201.793.00 $637,175.00 Page 3 of 7 If during the conversion process, CONTRACTOR identifies records that are unique and outside the scope of normal office records, such that they can not be scanned or converted to digital images without extraordinary measures and excessive costs, CONTRACTOR shall notify the COUNTY. Upon proper identification of such records, the COUNTY, at its election, may exempt such records from the conversion process or negotiate such reasonable surcharge for this conversion. All records to be converted hereunder shall be converted to CD Rom WORM Disc unless otherwise specified and agreed to by the COUNTY. CONTRACTOR shall provide, up to two (2) back-up CD Rom WORM Discs for each CD Rom WORM Disc created, for a total of three (3) CD Rom WORM Discs, the charge for which is included in the fees set forth above. 13. Billing. CONTRACTOR shall maintain a weekly record of expenses incurred in providing services to the COUNTY so as not to exceed the amount on the County Purchase Order. Each invoice will be sent monthly to the Brazos County Auditor's Office, 300 East 26`h Street, Suite #314, Bryan, Texas 77803, for payment within 30 days of the receipt of the invoice by the Brazos County Auditor's office. 14. Termination. This Agreement may be terminated at any time by mutual agreement of the parties. Either party may terminate for cause by giving written notice as provided below. 15. Notices. All notices provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notice, postage prepaid and registered or certified with return receipt requested; by delivering the same in person to such party; by prepaid telegram or telex; or by facsimile copy transmission. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to COUNTY, to: Judge Alvin W. Jones Brazos County Judge Brazos County Courthouse 300 E. 26'h Street, #114 Bryan, Texas 77803 If to CONTRACTOR, to: Mr. Louis Newman Newman Printing Company, Inc. 1300 E. 291h Street Bryan, Texas 77802 Either party hereto may change its address for notice by giving three (3) days prior written notice thereof to the other party. 16. Assigns: Beneficiaries. This Agreement shall inure to the befit of and be binding on the parties hereto and their respective successors, and assigns. No assignment of this Contract shall be made without COUNTY's consent. 00-3062 Conuw for Services V® [ L Page 4 of 7 r I• ~I • • 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue of any action brought to enforce this Agreement shall lie in Brazos County, Texas. 18. Counterparts. This Agreement may be executed in multiple counterparts, all of which together shall constitute one agreement, binding on all parties hereto even though all parties are not signatories to the original or the same counterpart. 19. Headings: Construction. The headings that have been used throughout this Agreement have been inserted for convenience of reference only and do not constitute matter to be construed in interpreting this Agreement. Words of any gender used in this Agreement shall be held and construed to include any other gender and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. The words "herein", "hereof', "hereunder" and other similar compounds of the word "here" when used in this Agreement shall refer to the entire Agreement and not to any particular provision or section. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both COUNTY and CONTRACTOR have contributed substantially and materially to the preparation of this Agreement. 20. Invalid Provisions. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such provision shall not be affected thereby. 21. Further Acts. In addition to the acts recited in this Agreement to be performed by COUNTY and CONTRACTOR, COUNTY and CONTRACTOR agree to perform or cause to be performed any and all such further acts as may be reasonably necessary to carry out the services contemplated hereby. WITNESSETH In testimony thereof, Brazos County has caused this instrument to be signed in its name, and on its behalf, by the County Judge of Brazos County acting at the direction of the Commissioners Court of Brazos County, and the CONTRACTOR, at the direction of its Board, therein binding themselves, their successors, assigns, and representatives for the faithful and full performance of the terns and provisions of this Contract. EXECUTED on this the aI day of f1)oyEMRLP-, , 2000, at Bryan, Texas. Newman Printing Company, Inc. 1300 East 29`h t Bryan, Texas 7 803 • 00-3062 Contrxt_far_Servxes Page 5 of 7 Brazos County Brazos County Courthouse 300 East 26' Street, Suite 114 Bryan, Texas 77803 l' . „An / Judge Alvin W. Jone"razos County Judge 00-7062 Cona~et_ra ServiceseF p2 b(~ f',p L L Pale 6 of f • Conversion of paper records: Week Activities EXHIBIT "A" 1 General introductions to staffs, set-up hardware, test and verify system integration for file transfer. 2 Begin scanning first document group - fine tune image settings and workflow procedures. Continue to establish procedures for remaining document groups. (As needed) Meet with County personnel to approve document specific procedures. 3-46 Prep, scan, index and reconstitute County paper records. 10 1" Quarter progress meeting with County officials. 20 2"d Quarter progress meeting with County officials. 30 3'd Quarter progress meeting with County officials. 40 4`h Quarter progress meeting with County officials. 46 Complete project, vacate Courthouse spaces. Conversion of Microfilm records: 4 Set-up hardware, confirm processing procedures, test and verify system integration for file transfer. 5-46 Prep, scan, index and reconstitute County microfilm records 46 Complete microfilm conversion. • oo-wuz cona.a_ra sue. a,02. 47 >'+s< t . r . _~rL. v.+.•.~.~ L. 1... u.12..n,awr.x .~..Aw ..r..+1 .....r . u . 1141611Nr ntll 14:38 MAL 4UV77V3385 JANIVIKIAL SVCS. 19004 Brazos Janitorial ACCOUNT NAME Riumn rnuirr9 DATE Emergency Phone No. ADDRESS j oO NWiv:C DT ST. CO*LBC9 STATZ09f-PHONE 6TRIKU Cm STATE ATTENTION OF: Mr. Mrs. Miss TITLE S60.30s 04-Tes ICARCLE ONM l NAME) RE: PREMISES LOCATED AT: 1 GONOlIAL. P+IWATt OPPICI6, L000Y,LOUNG9 EMPTY WASTEBASKETS Z EMPTY AND DAMP CLAN ASK TRAYS Al 9 DVST ALL FURNITURE INCLUDING DESKS. CHAIR& TABLES ~ 4 DUST ALL EYP'OSED FILING CABINETS BOOKCASES AND SHILVeS S DUST ALL TELEPHONES. Ile I CLEAN AND BANITUE TBLIEPNONES ✓ T CLEAN AND SANITIZE DRINKING FOUNTAINS. ✓ I LOW DUST ALL HORIZONTAL IURFAC95 TO NANO HEIGHT r701 INCLUDING SILLS. LEDGES MOLDINGS ShELVe6 PK:TYRE FRAMES DUCTS, PAOIATOPS,ETG 0 PIIGh OUST ABOVE HAND NEKSHT ALL NORIZONYAL SUAFAM INCtL01N0IHµv{{, MGl01NGE, LEOGE6 10 SPOT CLEAN DESK TOPS AA I I SPOT CLEAN RECEPTION LOON GLASS INCLUDING FRONT DOOR AND ANY OTheR PARTITION OR DOOR OLAM 17 CLEAN INTIRE INTERIOR GLASS IN PARTITIONS AND ODORS / IS DUST MIN►OLINDS IA REMOVE DUaTANO COOWIOS FROM CEILING ARM DUSTMOP PESILIINT AND HARD FLOORS OR VACUUM CAJ► PITED FLOORS IN TRAFFIC LANES ONLY. if OUSTMOP Re SIL11NT AND HARD FLOORS OR CAR- PITLO FLOORS IN THEIR ENTIRETY IT I.OT CLEAN SPILLS AND STAJNI ON CAAPETED AND RISWIMT FLOORS. /1/ rI 'V 18 SPOT CLEAN FURNITURE kI II Zo ZK . ZZ TZ 1 1 I I J { i I •I I I • i..i atrl~w..Ji .•n..~ .i... u-L4'~...a a_.rJ~. u..a.. err. w.~... .c ~ ~ a • • I f 1 0 11/141VU npy 14:40 rAS 4UN1104400 JAN UM AL JYLJ. MOOS Brazos Janitorial 11 WASN110O"s d~Q 4 p 1. CLEAN SANITIZE TOILET OOWLS URINAL& ✓ NANO GASINS, AND SINKS. 2 CLEAN ALL GLASS AND MIRRORS 3 EMPTY ALL CONTAINERS AND OMPOSALS. INSEAT LINEAS AS REOUIPEO SPOT CLEAN ANO SANITIZE CONTAINER • EMPTY SANITARY CONTAINEAS E SPOT CLEAN ALL WALLS. DOOR$ AND PARTTTIONS ✓ 0 REFILL ALL DISPENSERS TO NORMAL UWMNA►KIK SOAP. TISSUE TO~ LINE/K SEAT NOLOEIIA CUPS. EUFTLIEO TO U FURNISHED OM QGLIENT OFIRST EECUNTY OOILLOD OKRA o1NCLVOCD T LOW OUST ALL MORIZONTAL SURFACES OELOW Sr INCLUDING SILLS. UOLOINGL LEOM SHELVE& FRAMES DUCTS, MEATING OUTLETS 0 NIGH DUST AGOVE NANO HEIGHT ALL MOAIZONTAL 41JRFAM INCLUDING SHELVE! LEDGES MOLDINGS. 0 SWEEP. OAMP MOP. AND SANITMI MAFtO FLOOR IS, 11 12 IS 11/1o/uu eau l4:ai rAk 4UVII04a05 JANVIUK1AL 3YC8. wool FAX NOTE ' late: 11/15/2000 Fwm; Carol McFaddin To: KAY Wetter=nn Co: First gecorq Building Maint Braws Janitorial CoJDept:Brnios County Phone# (979) 8221 phone # 979 361-4292 Fax # (979) 779-3355 Fax # 979 361-4293 E-mail: toanac49 a&ox internetcom Total number of pages (including cover letter) re: 100 Anderson - Maintenance Agreement as requested Response rwXired Yes [ ] No [ ] i o. 4 t • BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: November 21.2000 ITEM: Request from Verizon to construct 2 road bores for buried cable installation in county right of way at 4700 Elmo Weedon Road Site is located in Precinct 3 SOURCE OF FUNDS: N/A • REQUIREMENTS: 1) No work will be permuted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county nght-of-way. 4) Duch line shall be compacted to 90% standard density ASTM-Test Method No D-698: test shall be conducted by an independent Geotechnical testing firm: copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of 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. NOTES/EXCEPTIONS: is SUBMITTED BY: Richard F. Vance, P.E. County Engineer 0000-138 APPROVED BY. Commissi 4rRandy Sims Precinct :t. Approved 8"/ Denied O by Commissioners' Court Date: Alvin W. Jones. Co ty Judge . I I • 1 l I 1 I V- verizon ACCESS DESIGN 301 INDUSTRIAL BLVD. BRYAN, TX 77803 NOVEMBER 9, 2000 RICHARD VANCE BRAZOS COUNTY ENGINEERING OFFICE COUNTY ENGINEER 2617 W. HWY. 21 BRYAN, TX 77803 DEAR MR. VANCE: SUBJECT: AGRMNTS 24 BURIED CABLE ENCLOSED ARE FROM ED-135 AND A WORK LOCATION SKETCH SHOWING THE LOCATION OF OUR PROPOSED BURIED CABLE LINE ON COUNTY ROADS IN BRAZOS COUNTY AT COLLEGE STATION, TEXAS. THIS WORK IS TO BE COMPLETED ON WORK ORDER 5413 - 3P001 VL, WHICH IS SCHEDULED FOR NOVEMBER 15, 2000. IF YOU HAVE ANY QUESTIONS CONCERNING THIS WORK, PLEASE CONTACT JOE YOUNG AT OUR OFFICE IN BRYAN, TELEPHONE 979-821-4303 WITHIN 15 DAYS SO THAT WE MAY EXPLAIN OF MODIFY OUR PROPOSAL, OTHERWISE, IT IS UNDERSTOOD THAT THIS PROPOSAL IS APPROVED. SINCE LY, 4ER TA - ACCESS DESIGN GB:EC ATTACHMENT • VERIZON COMMUNICATION Notice of Line Installation November 9, 2000 • 0 To The Commissioner's County Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Verizon Communications will be boring Elmo Weedon Road in front of the new Central Brazos Business Park under construction at 4700 Elmo Weedon Road. There will be two bores, the first being next to Prince Irrigation's driveway, which is located adjacent to the new business park. The second bore will be just past the Business Park driveway located at the center of the development. We will place 4" PVC conduits at these locations and pull in buried cable thru these pipes to provide telephone service to these two new businesses. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after November 15, 2000. 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J ' O~ , 01YU RD i d rya i7 ~LT4D E 124 Q , ' <PP) 128 504 i/ 61100 12 PLACE 2 PIPES UNDER ROAD 0` ~ / ~pir yy 4 0y 0yti')' , , b .40m b~1' ' X00 S ~ y~ i~' yard ~L' f 10' TELEPHONE EASEMENT y WKS FOR DROP TO SEAYE PRINCE IRRIGATION AND FOR FUTURE LITE-SPAN SYSTEM SITE Q yy d° '2030582 N '2038502 (PPI.- <3P881VL) M•282480 25' 242110 ASP 100.24 C11.25 (PP) 12000380 03.682.602 (PP) &2000380 U.27.100 (PP) 12000388 V ~ I 2423'107 y+ i ~J6E ~ •20 ` I r ( 001 'MO ~12038P ' t~~~E ~r ) ' aE ~ LP 3 6100 y daZ 1 ( '263OW (PPI.- (3P001VL) M-282488 ' 2030586 - 80.242110 ASP 108.24 C3.1.25 (PP) &2038504 X00626.100 (PP) &2038504 l%a 49 %cr .4t ve LOCATES: TELEPHONE: 800.344-8377 GAS: 800-344-8377 PIPELINE: 800.214-2154 WATER: 589-3030 sa I MI pl~~ WARNING to REME:E nt am w sum" K"ICATIO61VNr(TT IMOTvlwG T.11 Momsi Issm mol.sldt0 ■ LAETEO To THE m"Ick R(E womw Ta OLIK IIWB:VSSION SMOI 1II4•1"S•41so H NDm REA ALT I ar$ REA uEA KrORE SIM1N0 AN1 LOW(. ASC .OASELr THESE OUESTION& L Oq 1 KrEN RECOREAt rAt[SCLOKST L RAW I IMRT/KID SEArILES r0 U(EAS IMPACT? IN y, 1 NA1E I FILED ~ ROOR RISK ACTIVITY REPORT? + E~ 4. 00 11MIS A RECESSION TEST PLAN? . L NAR IK USERS KEN 10111E0 Or THE dwEE? Ou ~ ` r(ROOCA Off/ K I (E yN~rR~ SROLO of 7. ILO 1NW4 A 1E114W Or PAOCEOIrEI ~Gt 1I • 60 1 COW YO TO CALL 14 CASE 01 AN OUTAGE? a an I CO I ENT I CAN RERmN I.E Now COKCILr AND WWI r TOT MIMIEo No 10 UN OF THESE "If*&on rEEL Iwl .OU Now copfull led JOB Sony? NOT! ASIEME IRE Jt•I CALL IOIR 4RA.ISDIR GT S11 AREA StarE: U NOTE AREA- OBSERVE ALL SAFETY RULES. BEWARE OF GAS PIPELINEa DIVISION: TEXAS AREA EXCH.- 5413 REM. CO: 000 M.C.: 7760 w0 N0. 3MIVL CONTROL NUMBER: LOCATE ALL TELEPHONE CABLES AND BURIED UTILITIES. TITLE:CENTRAL BRAZOS BUS PARK TAX DST: 45801 1wP: RNG.: SEC.: SAL: 3•RX DATE: 11/8700 EV.DATE: CALF: 1''180' DAWN ENG APR YD PRINT FILE: WPI 111Y .1t1Y I OF I I THIS PAGE LEFT BLANK INTENTIONALLY V& a-SPAGE~