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Home My WebLink About2001-07-24-0900AM-RegularFILED 0 NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, JULY 24, 2001 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 Cauley. 2. Pledge of Allegiance - Commissioner Cauley. 3. Call for citizen input and/or concerns. 4. Prescntation regarding the Texas Natural Resource Conservation Committee's Supplemental Environmental Program. Consider and take action on agenda items 5 - 24: C7 1001 JUL 2 0 P 2: 1`2 BRAZOS COUNTYK BRAZOS AREN C Q N EY. BOYAT TEXAS BRYAN. TEXAS C low BY: Y 5. Budget Amendment 00/01-36. 6. Personnel Changes of Status. r7~ ' Payment of Claims. 8. Adoption of an Interlocal Agreemeat concerning provision of certain insurance coverage with St. Paul Insurance. 9. Contract with Texas A&M Universit}•, Department of Psychology, for psychological evaluations of Deputy Sheriff and Detention Officer applicants. 10. Lease Agrcement with the Junior League of Bryan-College Station, Inc. for space in the Brazos Center. 11. Blanket Purchase Orders. 12. Requisition from Sheriffs Office Minor Acquisition Account for body armor vests. 13. Requisition from the Emergency Management Department's Minor Equipment funds for two CD-writers (burners). i 14. Requisition from the Purchasing Department's Minor Equipment funds for a digital . camera. . 15. Requisition from Capital Projects, Computer Software, funds for the following: a. Anti-virus software. b. software to manage and document the County's computer network. c. ICE.TCP Pro Terminal Emulation software to connect PC's to the Hewlett Packard Mini-computer. p0~3~T S~ e Commissioners Court Meeting Agenda f July 24, 2001 Page Two F 16. Requisition from Capital Projects, Computer Hardware, funds for equipment for the renumbering/re-addressing of the Courthouse Network. 17. Award of Bid #2001-046 - Office Furniture, Annual Contract. 18. Award of Bid #2001-047 - Cleaning Supplies for the Jail. E 19. Authorization to advertise for RFP #2001-051- Lease of Property for construction of a y 500 feet tower for the Sheriff s Office. 4• r 20. Exempting Tiburon, Inc. from competitive bidding pursuant to Local Government Code, Section 2262.024 (a)(1). 21. Acceptance of the roads and drainage structures in High Country Subdivision, Phase Two (second portion of High Country Drive and Moonlight Drive) for Brazos County maintenance. Site is located in Precinct 2. 22. Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right-of-way of Bird Pond Road. Site is located in Precinct 3. 23. Request from Sprint United Telephone Company for buried cable construction in the right-of-way of Peach Creek Road. Site is located in Precinct 1. 24. Integrated Justice Information Management System Contract with The Software Group, inc. 25. Presentation of the Annual Delinquent Tax Collection Report. 26. Announcement of interest items and possible future agenda topics. 27. Call for citizen input and/or concerns. Consideration of and possible action regarding redistricting matters: 28. Resolution and Order adopting new Commissioner Precinct boundary lines. 29. I't'l 0/ 30. 31. V 32. Proposed new Justice of the Peace and Constable Precinct plan; Resolution and Order adopting new Justice of the Peace and Constable precinct boundary lines, and either reducing the number of the Justice of the Peace/Constable precincts or abolishing existing Justice and Constable precincts and creating new precincts; creating a Place 2 Justice of the Peace position in one Justice precinct; and, as necessary, providing for the carry-over and appointment of other Constable and Justice of the Peace positions consistent with and as required by applicable state law. Convene into Executive Session pursuant to §551.072 of the Texas Government Code to discuss acquisition of real property for the Exposition Center. Consider and take action on Executive Session. Adjourn. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. . To make arrangements, call (979) 361-4102. ITT A - ! ~ L 'r. ✓s' j .w't. a .r a. ♦..v %0 .r ~Ys " Jl:: s-+-. Pcl.'•./ r. '+..T~~C. . ~ ._4 +.~'i~R}~v~L~ ~ . ~ , -0 f COMMISSIONERS' COURT REGULAR MEETING r~ JULY 24, 2001 F y 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, July 24, 20010 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; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The first matter before the Court was a presentation on 0 the Texas Natural Resource Conservation Committee's Supplemental Environmental Program. Joe Lababera and Walter Wilcox, representing the Big 8 RC&D, informed the Court that the RC&D had received an $8,000.00 grant from the Texas Natural Resource Conservation Commission to assist low income families who need to upgrade their septic systems. They asked the County to help them find two such families. Commissioners Jones and Sims will help him locate families. Af, The Court next considered Budget Amendment #00/01-36.1 through 36.2, which would set up an account in the Tax Office, and reallocated funds for Juvenile Accountability Block Grant. On motion by Commissioner Sims, seconded by Commissioner 0 Thornton, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as-submitted on the attached Personnel Action •3 5 Vol ~13 Page a-°I R Commissioners' Court meeting July 24, 2001 2 Requests. On motion by Commissioner Sims, seconded by Commissioner Thornton, 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: 20020940 through 20021193 On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Claims as submitted. The next matter for consideration was the adoption of an Interlocal Agreement concerning provision of certain insurance coverage with St. Paul Insurance. This is for counties and municipalities who enter into agreement with St. Paul Insurance Company to provide an insurance pool. Brazos County is joining an insurance pool with Hardin and Liberty Counties. The Risk Manager told the Court that this is part of the policy and that there would be no additional liability. On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to adopt an Interlocal Agreement concerning provision of certain insurance coverage with St. Paul Insurance. A copy is attached. The Court considered a contract with Texas A&M University, Department of Psychology, for psychological evaluations of Deputy Sheriff and Detention Officer applicants. Wayne Dicky, Jail Administrator stated that the county tests about 20 people each year. The cost to Brazos County would be $190 per test. On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to enter into contract with Texas A&M University, Department of Psychology for evaluations of Deputy and Detention Officer applicants. vol 0?3 page 5,30 - "'?Yr'T'".rAdt~~~~i ~~~'~~Sw ~~'~+~.~i1.~l~~.l~.~c~.ERIC.S'~i+~s'A'~fa'~7FX'~.'ri.~Z-~~~., • j~..~y`jr": t s a Commissioners' Court meeting July 24, 2001 3 N~ _tl The Court next considered renewal of a lease agreement between Brazos County and the Junior League of Bryan-College f Station for rental of office space in the Brazos Center located on 3232 Briarcrest Drive, in Bryan, Texas. Term of ' the lease is for the period of two years commencing on June 1, 2001 and ending on May 31, 2003. The Junior League agrees to pay six hundred dollars ($600.00) per month. On motion by Commissioner Thornton, seconded by -Commissioner Sims, the 3 Court voted unanimously to renew the lease agreement between . r Brazos County and the Junior League. A copy of the Lease : Agreement is attached. ` The Court proceeded to consider the following blanket Purchase Orders: Eagle Purchasing $1,000 Lilly Dairy Jail $2,800 s Butterkrust Jail $1,600 Glazier Jail $ 500 Cain's Coffee Jail $ 600 Ben E. Keith Jail $1,250 Performance Jail $8,000 200 5 a- . , Sysco Food Service Jail $ i Alliant Food Jail $5,200 Scarmardo Produce Jail $2,150 Ray Criswell Jail $ 500 Brazos Wholesale Jail $ 500 Acme Soap Company Jail $1,500 , On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Blanket t Purchase Orders as submitted. t P. The Court next considered a requisition from the Sheriff's Office Minor Acquisition Account for eight (8) body r armor vests. On motion by Commissioner Sims, seconded by Commissioner Jones, the Court voted unanimously to approve the requisition in the amount of $3,217.60. The Court considered a requisition from the Emergency Management Department's Minor Equipment funds for two. CD- writers (burners). On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to approve the requisition in the amount of $290.00. 1011 IN Vol Page ~C:~ ~ } 4 Y. 0 0 w r 4 r S L Commissioners' Court meeting July 24, 2001 4 The Court next considered a requisition in the amount of $249.00 from the Purchasing Department's Minor Equipment funds for a digital camera. Commissioners Sims moved to approve. Commissioner Thornton seconded the motion. After some discussion, Commissioners Sims and Thornton withdrew their motion and second. -Then on motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to table consideration. The Court next considered requisitions from Capital Projects, Computer Software funds for the following: a. Anti Virus Software b. Software to manage and document the County's Computer Network C. ICE.TCP Pro Terminal emulation software to connect PC's to the Hewlet Packard Mini Computer On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the requisitions. The Court next considered a requisition from Capital Projects, Computer Hardware, funds for equipment for the renumbering/re-addressing of the Courthouse Network. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the requisition in the amount of $20,183.00. The Court next considered awarding the following bid: Bid No. 2001-046, Office Furniture Pat Howard, Purchasing Agent, recommended acceptance of the bid submitted by Hodges Business on Section I, items 9b, 12b; Section II, item 11; Section IV, items 1,2,3; Neutral Posture on Section II, item 12, Section III and Wilton Office on Section I, items 1, 2, 3, 4, 5, 6, 7, 81 9a,10, 11, 12a, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25; Section II, items 1,2,3,4,5,6,7,8,9,19; Section IV, item 4. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract as noted. A copy of the bid tabulation is attached. Vol Page 5 3~ < ..,'7:E3T~7-"4'LiF~S~JL•L^•.SK K .~".'~kt~,~`.~i~T~'1~i ~'`~Ti sas._^z4s'r b"..~T51idG'#"~~T.,LAT."i~ti1.'L'7d~iv'n~=F~G~e:s~ew~s..e+..r+r - ~..3.5~»Si~> ~ . a ~ i 4 a 0 0 0 Commissioners' Court meeting July 24, 2001 5 The Court next considered awarding the following bid: Bid No. 2001-047, Cleaning Supplies for Jail Pat Howard, Purchasing Agent, recommended acceptance of the •bid submitted by Ecolab, Inc. on items 1 & 4 and Team Systems on items 2,3,5 & 6. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract as noted. A copy of the bid tabulation is attached. The next matter for consideration was authorization to advertise for RFP#2001-051, Lease of Property for Construction of a 500 feet radio tower f or the Sherif f ' s Of f ice. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for proposals. The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024 (a) (1) . This is for the purchase of MAKO Licenses from Tiburon, Inc. The Commissioners, Court determined that this was a single source supplier. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the Exemption of Competitive Bidding Requirements and authorized the payment for said for the fiscal year 2000-2001. The Court next considered acceptance of the roads and 'drainage structures in High Country Subdivision, Phase Two (second portion of High Country Drive and Moonlight Drive) for Brazos County maintenance. The site is located in Precinct 2. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to accept the roads and drainage structures in High Country Subdivision, Phase Two for County maintenance. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for water Vol a-~ Page 5,33 i i s~ ti 1 1 1I t: is t Commissioners' Court meeting July 24, 2001 6 line installation in the right-of-way of Bird Pond Road approximately 600 feet from its intersection with Tonkaway Lake Road. The site is located 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 Thornton, the Court voted unanimously to approve -the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Sprint United Telephone Company for buried cable construction in the right- 1 of-way of Peach Creek Road. The site is located in Precinct 1 • 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner 3 1 Jones, seconded by Commissioner Cauley, the Court voted ' unanimously to approve the request from Sprint and authorized the installation. A copy of the request is attached hereto. The next matter before the Court was approval of the Integrated Justice Information Management System Contract between Brazos County and The Software Group (TSG). The cost I to Brazos County will be $3.7 Million paid over a period of five (5) years. There was considerable discussion about the source code, ownership, risk of loss, and security. Commissioner Cauley moved to approve the contract. r Commissioner Sims seconded the motion. Commissioners Jones, Thornton, Sims and Cauley voted "Aye". The County Judge abstained. A copy of the contractual agreement is attached j hereto. The Court next heard a presentation by Shelbourne Veselka, representative of McCreary, Veselka Bragg & Allen, on t the Annual Delinquent Tax Collection Report. t Under announcement of interest items and possible future agenda topics the County Judge made the following comments: 3 53f Vol 02 Page 4 ~5 11 Y 0 0 I 3 r s I ` Commissioners' Court meeting July 24, 2001 7 a) There is no burn ban in effect currently but people in the rural areas need to be j; very careful when burning.. , Under citizen..input and/or concerns, Pat Howard, 1 i; Purchasing Agent, addressed a previous agenda item relating to an ATM machine in the Courthouse and confirmed the cost to the ~ County. The next item for consideration was a Resolution and Order adopting the new Commissioner Precinct boundary lines. Ix The Judge stated that an Order had not been prepared and the i S Court would receive a report on Illustrative Plan lA for sv Commissioner Precincts. He stated that this part of the Commissioners Court meeting was being officially recorded by a Court Reporter and asked all citizens wishing to speak, to give their name and address for the record. He then turned the floor over to Syd Falk, representative of the Bickerstaff law firm in Austin. A map of Plan lA was displayed along with a demographic summary for the plan. Mr. Falk proceeded with the report on the afore mentioned plan for commissioner precincts. He stated that the plan provides an appropriate population balance between the commissioners, precincts and avoids unreasonable retrogression of the minority voting strength. of the County. Copies of the written report, map and demographic summary are attached to and made a part of these minutes. The County Judge hearing no comments from the audience, directed Mr. Falk to proceed with his report on Illustrative 4-Justice Precinct Plan 1. He went on to say that the Commissioners Court had directed the law firm to draw a•plan that would align the Justice of Peace and Constable Precincts with the Commissioner Precincts. A map of Justice Precincts Plan 1 and demographic chart was displayed for public inspection to which Mr. Falk referred to while making his report. . vol Page 535, f G r t r Commissioners' Court meeting July 24, 2001 8 Mr. Falk reported that Justice Precincts Plan 1 depicted a four-Justice of the Peace/Constable Precincts configuration. The Illustrative Plan satisfies the redistricting criteria adopted by the Commissioners Court at an earlier meeting except for the criterion requiring approximately equal total population in the precincts. This criterion does not apply to Justice Precincts. This Plan reduces the number of Justice Precincts from f s t its current level of five to four, but retains the same total number of Justices of the Peace, one in each proposed Justice Precincts 1, 3 and 4 with proposed Justice Precinct 2 to have two Justices of the Peace. The total number of Constables will be reduced from the present five to four. This plan closely follows, but not entirely, Commissioner Precincts Plan 1A. At the request of the Court, Justice Precinct 3 has been expanded to include the main A&M Campus, A&M West Campus, and the Easterwood Airport. Copies of the written report, map and demographic summary are attached to and made a part of these minutes. Mr. Falk reported that realignment of the Justice Precincts is subject to the Voting Rights Act and will be looked at to determine if there is retrogression drawn into the plan. Mr. Falk was asked how the proposed Justice Precinct 4 } compares with the current Justice Precinct 5 and will it reduce the ability of a minority to be elected. The answer was "no". He was then asked if the new plan caused a disproportionate number of minority Justice and Constable Precincts? The answer was that there will be no retrogression. Mr. Falk was asked under what authority this plan is being drawn. He replied that State Statute authorized the Y Commissioners Court to make changes in Justice Precincts. He Vol Page `L - r y I 4 I Commissioners' Court meeting July 24, 2001 9 a It ti F 0 went on to say that this plan will abolish the current five Justice Precincts and create four new Justice Precincts. The effective date of this plan can be as late as January 1, 2003. The County Judge stated that he wanted the record to show that he favors making both plans effective January 1, 2002. The County Judge instructed Mr. Falk to prepare an Order for adoption of the proposed Commissioners Precincts, Plan 1A to be considered by the Commissioners Court at their next meeting on Tuesday, July 319". He further instructed Mr. c' s. Falk to prepare an Order for adoption of the proposed Justice f, Precinct Plan 1 to be considered by the Commissioners Court at their next meeting on Tuesday, July 319` and that the Plan is to become effective January 1, 2002. The County Judge announced that there would be no need_ j for an Executive Session. There being no further business to come before the Court, the meeting was adjourned. t- is 4 • 7 TS + f, . Vol 0?3 Page x, a .s.. t+ c - ~....-~....~.-~w..y.°....~r.c...s...- _-...ev .vs lra..a .srwaw+aaY .wv.~.+.... ..+.•r,or.r.aw.•~.ena..w.+~..r~a..r..rra-.._c..- . . t k s n F t H 1 4 ' i'. i i The foregoing minutes of the Commissioners Court meeting held July 24, 2001 have been examined and are approved in open Court this the day of jeo_..~ . 2001, in Bryan, Brazos County, Texas. Alvi W. Jones County Judge Wm. S. Thornton Commissioner, Precinct 2 /01 ~".O 1* 4 , (~7a-tx&t . 1 ey Cau ey, Jr. Commissi er, Precinc Tc6Yf J e Commi si er, Precinct 1 Randy ems stoner, Precinct 3 3 3 \ 1 7 3 g Vol ol~ Page f; - ' _ < ~.x:r'~.r,4s._aA~.:,7u ~t~'.~C•T . cr ~ .~..:+:35:'~.:. ra` a,'vT:..:tats.r:..E.C-t~f?A'sR.Fi~OMG-~.,am.+.,a-ra....r. . . _ - ZG 5 A~C'~ Karen L". County Clerk rW~...hn.OC..w..~r....w.a.wr.r~.M.~y./~w rA x~W'w.~w..r•.I.Intr.1~A.•rrr..•.i~M.tr.....~~.Y+rrh..M~w.rr+.A.~M~wr ~.~a.w.. r~.. r...w J. rr+..».».sa.s', w.~. ~.t.. ~ • - _ 0 r 1 4 3 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON--)t4 a~ 200 L AT 9•'00 &M_ NAMF 0RC:ANi7ATTlIN/DF.PARTMFNT )A rlp7 A f -PL "Zd aLl 4-01 Q v,'t 6y 0 pg x e L . 24, QA O 4-2- aa~ 1^ 0% a 1 5~24 am 4. '•~_+•.e...b.,r_u.. ~o.~..r -.•+..,+w.~rrr.cv..`+a.•+~w~.,~.werr .w .rw..r w rd ~~wrn~rao _ _ _ _ - _ _ r.w~►u.`..•~~ .a<.~ 1 . t~ r. M B-R-AZOS COUNTY COMMISSIONERS COURT MEETING ON 200 1 AT _q = ono At NAME 0Pr,TANT7ATT0M/7'1FAART1U PMT cdwTu oW! M J!"J I} S V m J~ yau,.Gk .~mlze~ <F..Q Cons} Pc-T 1LGwa~V n ' L r~ ,1 ;Low Z? QW, LLO pric a (Lu Jll.~, 0 lirn.. L i~ 2= c~~a T 3 ~SCO 'I PQA 7.A~ - 1 • f d BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200 1 AT q: ooh MAMP (1RrTAMT7ATT0MmFPARTMFMT a 0 I jat-- Let~as l~ ~ag~c I n~ ~41 ~O 1,L11A ,hlaAe,- r//44U-" ~tu~c 34I ~ L& lad r -4 ~ "Y'~w..~"'ar'~!►RII.i.~R rraW~ali~wrir r.....~..+..~+.~.~.-..r.~.+..rs~wcwrne~abF~w~+.wrw+wr+~.w ~ ~7 r ,s ri la;t t, 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/01-36.1 m/7AIMM i i FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 29 130060 513000 Dr. Hourl - Salary 1,500.00 29 130060 531000 Dr. Social Security 120.00 29 130060 532000 Dr. Retirement 160.00 29 130060 538000 Dr. Worker's Comp 5.00 29 130060 802850 Cr. E ui emnt - Office 1,785.00 Tax Assessor - Collector Vehicle Inventory Interest Fund ]E To setup salary accounts to allow a oll posting. I - Budget Amendment is for information and courtesy to the Commissioners Court and•is under-the discress ion of the Ta x Assesso r. 1,785.00 1,785.00 S4a' .Z^•16~1";^fel rh. ~,n~ •--r an•.-... nrr-. .n........1~...} ~ f LT 1) r* ate: U7 /1G/20UZ ate: i i ' r• i r .is f BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/01-36x2/ 7/2.d HI I FD DIV ACCT PROJ DR/CR ACCOUNT NANIE Increase Decrease 30 3171 725900 317101 Dr. Professional Srv 978.00 30 3171 672110 317101 Cr. Software 859.00 30 3171 676700 317101 Cr. Printers 5.00 30 3171 802030 317101 Cr. Computer Hardware 114.00 Juvenile Accountability Block Gra nt Grant # JB-99-J20-15463-01 To reclassi funds as ap proved b t he Crimin al Justice Division Jul 11, 2 001. 978.00 978.00 VOL Prepared By: - M'kw A prigyed By _ - 5 Date:., '1/18/01 Date: ;a y• ~3'; . 1- Y= 0 K• PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: July 24, 2001 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED AG EXTENSION LANDEROS, LUPE RESIGNATION COUNTY ATTORNEY BALLARD, WILLIAM RESIGNATION i BAILEY, BRENDA NEW HIRE-F/T KUBOVIAK, JAMES SALARY INCREASE-STATE SUPPLEMENT JUVENILE SERVICES WILLIAMS, ADA M NEW HIRE-P/T ROAD & BRIDGE EVANS, BRYCE NEW HIRE-TEMPORARY WOODS, EARL R TERMINATION DRIVER, CLARK TERMINATION GONGORA, EUGENE TERMINATION SHERIFF OFFICE - JAIL DIVISION MOODY, JERRY W NEW HIRE-FR' DEJESUS JR, SERVANDO COMPLETION OF TRAINING PERIOD LANHAM, DEAN COMPLETION OF TRAINING PERIOD TAX OFFICE SCHULTZ, SHELLY NEW HIRE-TEMPORARY Approved in Commissioners' Court; County Judge's or Commissioner's (This copy to be attached to minutes) 644 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ADOPTION AGREEMENT PURSUANT TO CHAPTER 791 OF THE TEXAS GOVERNMENT CODE WITH RESPECT TO THAT CERTAIN INTERLOCAL AGREEMENT CONCERNING PROVISION OF CERTAIN INSURANCE COVERAGES AND REINSURANCE OF SUCH COVERAGES This Adoption Agreement is hereby entered into by Brazos County a Texas County (description of type of political subdivision), acting through its Commissioners Court (description of governing board), and is effective on the 01 day of July 2001. RECITALS: WHEREAS, Brazos County (the name of the political subdivision) is a political subdivision of the State of Texas (hereinafter the "Adopting Party"); WHEREAS, as a political subdivision of the State of Texas, the Adopting Party is required to perform certain governmental functions and services as those terms are defined under Section 791.003 of the Texas Government Code; WHEREAS, the Adopting Party desires to contract with other political subdivisions for the purpose of achieving efficiencies and economies as respects the provision of certain insurance coverages necessary or desirable to the governmental functions and services of the political subdivision and the reinsurance of such coverages; WHEREAS, the Adopting Party is willing to jointly enter into agreements with other political subdivisions to provide and procure certain insurance coverages and services through the Texas Public Entity Group Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code Concerning Provision of Certain Insurance Coverages and Reinsurance of Such Coverages ("the Interlocal Agreement") to cooperate and assist such political subdivisions in identifying vendors, assessing needs for insurance coverages, arriving at specifications for requests for proposals as respects insurance coverages, and assisting in procuring the optimum reinsurance coverages at the lowest possible cost; . WHEREAS, the governing body of the Adopting Party has agreed to the terms and conditions of the Interlocal Agreement. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements set forth below, and other good and valuable consideration, the Adopting Party does hereby agree to and adopt the terns and conditions of the Interlocal Agreement. 1 ICC ADOPTION (2/98) v. a3 5~ t a Y• 43 44 I. 45 PURPOSE 46 1.01 The purpose of this Adoption Agreement is to evidence the agreement to and 47 adoption of each and every and all of the terms and conditions of the Interlocal Agreement with an 48 original effective date of February 1, 1998, originally executed by Hardin County, Texas and 49 Liberty County, Texas, political subdivisions of the State of Texas (hereinafter "the Agreement"). 50 1.02 Upon execution of this Adoption Agreement it shall be attached to and made a part 51 of the Interlocal Agreement. Once attached to the Interlocal Agreement, this Adoption Agreement 52 and the Interlocal Agreement shall constitute one agreement among all the parties previously 53 executing the Interlocal Agreement, adopting the Interlocal Agreement and the Adopting Party. 54 55 II. 56 TERM 57 2.01 This Adoption Agreement will be effective as of the date designated as the "Effective 58 Date" by the governing board of the political subdivision executing this Adoption Agreement (the 59 "Effective Date'). . 60 2.02 This Adoption Agreement shall expire upon the expiration date of the Agreement; 61 provided, however, that the Adopting Party may terminate its participation in the Agreement at any 62 time upon ninety (90) days prior written notice to the other parties. 63 64 III. 65 GENERAL PROVISIONS 66 3.01 A political subdivision agreeing to and adopting the terms and conditions of the 67 Interlocal Agreement fully agrees and understands that it has agreed to all of the terms and 68 conditions of the Interlocal Agreement and that this,Adoption Agreement taken together with the 69 Interlocal Agreement constitutes the entire understanding of the parties relating to the subject matter 70 of the Interlocal Agreement and this Adoption Agreement and supersedes any prior written or oral 71 understanding of the parties with respect to the subject matter of such documents. 72 IN WITNESS WHEREOF, the undersigned political subdivision has been authorized by 73 the governing board of such political subdivision to enter into this Adoption Agreement on the 74 17t1aay of July , 2001, to certify which this document is hereby executed under 75 authority of the above named political subdivision by: 76 77 78 79 BY: Alvin W. Jones 80 81 TITLE: County Judge 7-1, iccADOPTION cv9s> Y - "s - TEXAS PUBLIC ENTITY GROUP INTERLOCAL AGREEMENT (ICC) ADOPTION AGREEMENT INSTRUCTIONS Acceptance of a Texas Public Entity Group Interlocal Agreement (ICC) coverage quote constitutes adoption of the initial ICC agreement. The public entity must then complete and execute an Adoption Agreement in the following manner: 1. Insure that the Adoption Agreement is formally approved by a resolution of the Governing Body of the Public Entity. 2. Complete and execute the Adoption Agreement. The Adoption Agreement text is numbered by line in order to simplify this process. LINE NUMBER ITLNI TO BE COMPLETED 10 Name of Public Entity 11 Description of Political Subdivision (City, County, Etc.) 12 Description of Governing Board (City Council, Commissioners Court, Etc.) 13 Effective Date of Insurance Coverages Purchased 18 Name of Public Entity 74 Date Resolution Passed by Governing Board 78 Signature of Public Entity's Authorized Representative 80 Type or Print Public Entity's Authorized Representative's Name 82 Title of Public Entity's Authorized Representative 3. Mail original, completed and executed Adoption Agreement to St. Paul Fire and Marine Insurance Company at the address shown below. St. Paul Fire and Marine Insurance is the authorized 18 representative of the Texas Public Entity Group. The public entity and agent should retain copies for their files. Mailing Address for St. Paul Fire and Marine Insurance Company: St. Paul Fire and Marine Insurance Company P.O. Box 65100 San Antonio, Texas 78265-5100 I t~ r: M 040~_ t . TEXAS PUBLIC ENTITY GROUP INTERLOCAL AGREEMENT (ICC) COVERAGE PROGRAM - QUESTIONS & ANSWERS What is an Interlocal Cooperation Contract (ICC)? Chapter 791 of the Texas Government Code (ICC) was created by the State Legislature to allow public entities to increase their efficiency and effectiveness by authorizing them to contract for the performance of governmental services. This includes governmental functions such as police and fire protection, streets and roads, etc. and administrative functions such as engineering services, purchase of insurance or reinsurance, etc.. The ICC Act grants public entities greater freeedom in the purchasing and distribution of goods, services and information between each entity. Why use ICC for insurance coverages? ICC allows the Texas Public Entity Group to offer broader policy coverages with more competitive rating plans. All insurance coverages are reinsured 100% by the Texas Public Entity Group's authorized representative and reinsuror, St. Paul Fire and Marine Insurance Company. Therefore, individual insurance coverages can be treated with the same company, agency and insured relationships with which the public entity is familiar. How does ICC work? Simple. Two public entities sign an initial ICC agreement. Additional public entities may join by accepting a Texas Public Entity Group ICC coverage quote and executing an Adoption Agreement. Copies of the initial ICC agreement and a blank Adoption Agreement are attached to this memorandum. What are the public entity's duties, obligations or responsibilities for placement of insurance coverages? Each public entity is solely responsible for negotiating and placing coverage with St. Paul Fire and Marine. St. Paul Fire and Marine individually issues and reinsures separate insurance coverages for each entity. Entities may share information or contract for additional services between each other, however, this may not be done without the prior agreement and written consent of each party involved. The ICC is also subject to any confidentiality limitations imposed by law or contract. Is this a long-term commitment? Insurance coverages issued and reinsured under the ICC are for policy periods (usually annual) mutually negotiated between the public entity and St. Paul Fire and Marine Insurance Company, and are subject to standard insurance coverage cancellation and non-renewal terms. The public entity may choose to join the ICC but is not under any obligation to purchase the insurance or reinsurance coverages offered. The ICC has a term of ten (10) years, with annual renewals thereafter. However, any party to the ICC may terminate their agreement with ninety(90) days prior written notice. How do I join? Acceptance of a St. Paul Fire and Marine ICC coverage quote constitutes adoption of the initial ICC agreement. The public entity then completes and executes an Adoption Agreement which is forwarded to St. Paul Fire and Marine. Questions? Please contact the St. Paul Territory Manager if you have any additional questions. 03/08/01 a,3 ICCEX01 VGA 41 TEXAS PUBLIC ENTITY GROUP INTERLOCAL AGREEMENT PURSUANT TO CHAPTER 791 OF THETEXAS GOVERNMENT CODE CONCERNING PROVISION OF CERTAIN INSURANCE COVERAGES AND REINSURANCE OF SUCH COVERAGES 0 0 This Agreement is made between and among Liberty County a Texas county acting through its Commissioners Court and Hardin County a Texas County acting through its Commissioners Court and any other lawfully constituted political subdivision to and adopting the terms and conditions of this Agreement under the Texas Interlocal Cooperation Act (Texas Government Code, Chapter 791). RECITALS: WHEREAS, the Parties hereby are political subdivisions of the State of Texas; WHEREAS, as political subdivisions of the State of Texas the Parties hereto are required to perform certain governmental functions and services as those terms are defined under Section 791.003 of the Texas Government Code; WHEREAS, the Parties hereto desire to contract one with the other for the purpose of achieving efficiencies and economies as respects the provision of certain insurance coverages necessary or desirable to the governmental functions and services of the Parties hereto from among themselves and the reinsurance of such coverages from among insurers domiciled in Texas; WHEREAS, the Parties hereto are each willing to jointly enter into agreements to provide certain insurance coverages to each other and procure reinsurance coverage and services as respects such coverages from one or more common vendors, and to cooperate and assist each other in identifying reinsurance vendors, assessing needs for insurance coverages, arriving at specifications as respects insurance coverages and requests for proposals as respects reinsurance t q coverages and services, and assisting each other in procuring the-optimum reinsurance coverages at the lowest possible cost; WHEREAS, The Parries hereto, by executing this Agreement, do hereby establish the Texas Public Entity Group Interlocal Agreement Self-Insurance League (to be also known as "The Texas Public Entity Group') for the purpose of providing the insurance coverages contemplated by this Agreement and securing reinsurance coverages and services as respects such insurance coverages; and WHEREAS, the governing body of each Party to this Agreement has agreed to the terms and conditions of this Agreement and has by resolution or ordinance accepted and adopted this Agreement. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and agreements set forth below, and other good and valuable consideration, the Parties hereto agree as follows: 1. PURPOSE 1.01 The purpose of this Agreement is to enable the Parties to: a. Develop common requirements and specifications in contract terms and conditions for workers' compensation, liability, inland marine, professional liability, property and similar and related property and casualty lines of insurance; b. Establish the Texas Public Entity Group Interlocal Agreement Self- . Insurance League (to be also known as "the Texas Public Entity Group') to provide the insurance coverages outlined in subparagraph a. above to participating political subdivisions and to secure reinsurance coverage and services as respects such insurance coverages; C. Select the insurer domiciled in Texas best equipped to provide the reinsurance coverage and service needs of the Parties hereto; 2 p•.G.a, v_ u.nF tK.~ R.wu.~~..~•.•awonn-.-..~-....•-...~.Q.. .•c`-car-. r,+c .v.+.+a.•..••. a.r.c~. mr...._r emu', J•.... ~....~....-+.-+.~+.........~-r~--.~..•~.~r.~.Y...~~..«.~...,...-~... ~..-.~..r~.ra'~.. _ T - 7 Y A d. Facilitate communications and dealings with the selected reinsures or reinsurers; e. Develop common operations, practices and procedures with respect to the insurance coverages provided pursuant to this Agreement; f. Gather, exchange and share information and expertise with respect to workers' compensation, liability, inland marine, professional liability, property and similar and related property and casualty lines of insurance; & Provide common or shared coverages as respects liability, inland marine, professional liability, property, workers' compensation, and similar and related property and casualty lines of insurance and reinsure - such coverages; and h. Allow the Parties hereto access to the services, information, reports and work product of the insurers providing reinsurance coverages and services pursuant to this Agreement. II. RESPONSIBILITIES OF THE PARTIES 2.01 Each Party may, subject to any confidentiality limitations imposed by law or by contract; a Fully inform each other of their respective requirements and schedule for future insurance coverage needs; b. Provide the other Party available information, reports and other data in its possession concerning its insurance coverage needs, insurance agents, and other matters relevant to achieving the purposes of this Agreement; C. Grant the other Party and insurance agent, access to the operations covered by any insurance contract as required to achieve the purposes of this Agreement; d. Provide the other Party copies of or access to studies, reports, estimates, 't drawings or proposals and other documents produced by each Party's consultants and other experts concerning the insurance coverages subject of this Agreement; e. Examine all insurance related studies, reports, sketches, estimates, drawings, proposals and other documents produced by the other Party or its consultants and respond thereto as necessary or appropriate in a timely manner so as not to unreasonably delay any performance required hereunder, and ~PO~- a3 ~A~~ psi L_-..~ i` t t~. I . r`. f. Perform their respective obligations under all insurance contracts jointly entered into. III. PROCUREMENT 3.01 Each Party shall issue and accept bids, proposals and statements of qualifications for the development, issuance, and servicing of insurance coverages subject of this Agreement in k accordance with the laws governing purchases by the respective Party. Each Party shall execute all insurance agreements and contracts to which it is a party in its own name and behalf 3.02 Each Party shall be primarily responsible for the development of the specific technical specifications with respect to the insurance coverages required by such Party, and for the issuance of purchase orders as respects insurance coverages purchased by such Party. i 3.03 Each Party may designate a representative to assist such Party in performing the functions set out in this Article Ill and compensate such representative for services provided. i IV' COMPENSATION i 4.01 In the event that any Party shall perform any services, or incur any expense, for the E • common benefit of the other Parties to this Agreement, such Party shall be entitled to reimbursement from the other Parties for fifty percent (50%) of such common expenses. Such reimbursement shall be at the actual costs of the Party incurring same, without any additional charge for overhead or costs of administration. Neither Party may incur any expense or perform any services for the common benefit of the other Party without the prior consent of such other Party. The Parties shall use their best efforts to make an equal contribution towards providing services for the common benefit of the Parties hereto during the term of this Agreement. 4.02 In the event that one Party shall perform any services using its employees to provide direct technological or support services for the primary benefit of another Party under this 4 07... 3 AR 1&:6 - : t} Agreement, the performing Party shall be entitled to full reimbursement at such employee(s)' t. hourly rate multiplied by a factor of 1.4 ("the Multiplier'). Other costs incurred by one Party for the f. benefit of another Party, including, but not limited to materials, contractor services and travel expenses, in direct support of this Agreement shall be reimbursed by the other Party at actual cost t~ . t- with no Multiplier tr. .~L 4.03 If one Party seeks to have another Party work or services for it under this Agreement such Party shall request a cost proposal from the other Party. The requesting Party shall issue a. xwritten work order identifying the agreed scope of work, schedule, cost and other relevant matters. x E 1' Each Party shall endeavor in good faith to accommodate the requests of the other Party, but neither s; Party shall be required to perform any work for another Party without its consent. ' z 4.04 In the event that any consultant or expert under contract to a Party shall perform 1 services for another Party for the common benefit of such Parties, then the Party making available the expert or consultant may invoice the other Party for one-half of the actual amount invoiced by such consultant or expert. 4.05 The Parties shall periodically reconcile the amount of services performed and 0 expenses incurred on behalf of each other, or on the common behalf, under this Agreement, and single invoice shall be rendered to compensate the Party bearing the greater burden during such period. Such reconciliation and billing shall be performed quarterly. 4.06 Payments under this Agreement from one Party to the other shall be made from current revenues available to the paying Party 4.07 Invoices shall be fully itemized, submitted in duplicate, and accompanied by all relevant third party invoices, bills and other documentation. h4.08 As between the Parties, invoices shall be paid within thirty (30) days after 0 Q receipt. In the event that payment in full is not timely made, interest shall accrue on the unpaid balance at the lessor of the maximum lawful rate or one percent (1%) per month until paid in full - but if such non-payment is due to the lack of proper invoice documentation or other good faith dispute, then interest shall not accrue until ten (10) days after the required documentation is provided or the dispute is resolved in favor of the invoicing Party 4.09 Each Party reserves a right to review the other's invoices and to audit and examine at any reasonable time, the books and records of the other Party to the extent necessary to verify the accuracy of any statement, charge, computation or invoice made hereunder, and to recover any overcharges paid by it. V. DOCUMENTS, DATA AND PUBLICATIONS 5.01 It is agreed and understood that any specifications, drawings, plans, contracts, other data, documents or information collectively ("information') provided one Party to another under this Agreement may be of a strictly confidential nature and, expect as otherwise required by law or contract, no such confidential information shall be disclosed to any third party without the prior written consent of the providing Party. Such information is the sole property of the Party providing same, and it shall be returned together with all copies thereof, upon request. Each Party agrees to execute all confidentiality agreements reasonably requested by the other Party as a condition to access to such Party's confidential information. Each Party agrees that monetary damages are inadequate to compensate for breach of the duties under this Section, and that the injured Party may be entitled to injunctive relief and/or specific performance to enforce its rights under this Section. VI. THE TEXAS PUBLIC ENTITY GROUP 95 Dar. S-54 ■ .1 r _ 0 0 +n+la~\`~/~6- -x•~ l,.-.~..Y a, - .~.+n a7~ •1N anw~.r r ...qP..•r•......^Y✓e . 1 +r^.1:~.:Ii. Rtn~ 'n~ . ; ~ . ~ a . r _ r. . ` _ t t. -..J ..a.el ..r+a~.. 6.01 There is hereby established and created the Texas Public Entity Group Interlocal Agreement Self-Insurance League (hereinafter "the Texas Public Entity Group") for the purpose of providing the liability, inland marine, professional liability, property, workers compensation similar and related property and casualty lines of insurance contemplated by this Agreement. The organizers of the Texas Public Entity Group are the political subdivisions originally executing this Agreement and any other lawfully constituted political subdivision agreeing to and adopting the terms and conditions of this Agreement. 6.02 The Group Review Committee (GRC) does hereby designate and appoint Titan Indemnity Company of San Antonio, Texas to receive on behalf of the group payments heretofore or hereafter made to the Group by the participating political subdivisions. 6.03 A trust fund may be established exclusively for the purposes authorized by this Agreement for the Texas Public Entity Group created hereunder. Any monies in such trust fund shall be held in trust by the GRC or its designee, and shall be used to finance the expenses of operating the Texas Public Entity Group in carrying out the purposes of this Agreement. Such trust fund may be used for the purpose of purchasing reinsurance coverage and services in order to maintain financial strength and integrity as respects the Texas Public Entity Group. The trust fund created hereunder is established in order to enable participating political subdivisions to arrange collectively for the establishment and funding of the insurance coverages subject of this Agreement to be self-funded and reinsured. 6.04 The GRC declares that it or Titan Indemnity Company will hold, disperse and apply the trust fund or funds only in accordance with this Agreement. 6.05 Except as otherwise provided herein, the GRC shall be under no duty.to take any action except as it shall agree in writing to take, nor shall it be under any duty to prosecute or s, ~,y~;.:~., .1i.1-~ a..'..,''r~`=..._ ..-..•:._+-t~t.SNnao.. - s =V.~_~-~--I r-_ ~ 2rg ` • 1L i y • . _ ' _ , arc , ` , •,•.:ter:..uy..~.c'..r•lwJ..s~'.~c~.arrwY/ulugaYac.~tt~nrfacru*rsr~an~t~.GO~a---~- - .ru^'i+y:'.~nf~G~M~'►r~.rVer~i~'iC.~nu.s~.VNU*.~•r3'I~•-sx.'^: ~"fi^~': - T- - •i ir. Y t defend any suit or claims. The GRC shall have no duty or responsibility" whatever in connection with the administration or interpretation of any reinsurance agreement utilized to reimburse the Texas Public Entity Group as respects coverages issued through the Texas Public Entity Group pursuant to this Agreement. It shall refer all such matters to the reinsurer. 6.06 The GRC shall not be liable to anyone for performance of its duties and responsibilities pursuant to this Agreement. The GRC shall have no duties, obligations, powers, authority or responsibilities in connection with the policies of coverage issued through the Texas Public Entity Group except as this Agreement shall provide. At any time the GRC may consult with and rely on the advice of legal counsel, actuaries, and other appropriate professionals, and the GRC shall have no liability to anyone for any action taken, suffered or omitted in good faith pursuant to the opinion of such legal counsel, actuary, or appropriate professional, the cost of which, if any, shall be born by the trust fund created hereunder. The GRC shall be vested with all rights, powers and prerogatives provided for under the Texas Interlocal Cooperation Act (Texas Government Code, Chapter 791). The GRC may enter into a reinsurance agreement providing for indemnification of any and all policies of insurance coverage issued to participating political subdivisions and providing for the administration of such policies of insurance by the reinsurer. The GRC does hereby designate Titan Indemnity Company of San Antonio as the initial reinsures and will enter into a separate reinsurance treaty evidencing the duties and responsibilities of the parties. 6.07 The GRC shall be composed of not less than two (2) nor more than five (S) members, each of whom shall be appointed by the governing authority of the original organizers of w h ij the Interlocal Agreement and shall serve at the pleasure of such governing authorities. The members of the GRC shall be representatives of members of participating political subdivisions. 6.08 The GRC is specifically charged with the responsibility of drafting the policy of insurance coverage to be known as the Texas Public Entity Group Policy reflecting the coverages of vvL as s~,'1A,nT'• ~t:tcw+u-•cLwa r7:,QS.~.u+:.~ii~,..~;~. i'.-~:SC:~7C?-~';.Jf ^w ~ t N f . f s.c~'+L •n-r~ . _•f•.r • ! r'•V..9 i.N. ..s. Y•.t :Kww~•WJI_va^n.s. ~ '+^'+•'P' •vfl. - • .PL' '..i Z^ 1 F N"~: *-w.•~ ~~Y ~ ~ • _ insurance issued pursuant to this Agreement to participating political subdivisions. The GRC may discharge the duty of drafting a policy of insurance coverage by licensing from Titan Indemnity Company the Texas Public Entity Group policy form or forms. The GRC may hire or determine an actuary. The GRC may hire or determine the Texas Public Entity Group's legal counsel. The GRC may consult with its actuary and legal counsel prior to adopting the Texas Public Entity Group Policy of insurance. 6.09 Any and all payments made to the Texas Public Entity Group as respects coverages purchased pursuant to this Agreement shall be deposited in a banking institution and insured by the Federal Deposit Insurance Corporation and shall be held for the exclusive purpose of funding the claims payable under the policies of insurance issued through the Texas Public Entity Group or for the purpose of purchasing reinsurance coverage and services as respects such policies of insurance. 6.10 The Texas Public Entity Group Policy of insurance will be in writing and describe in detail the benefits to be provided, the exclusions, limitations and conditions relating to benefits, any other appropriate term or condition as respects coverage provided under such policy of insurance. 6.11 The GRC shall delegate the responsibility for the development, preparation and formulation of the Texas Public Entity Group Policy of insurance to the reinsurer. 6.12 Duties and responsibilities of each participating subdivision as respects the Texas Public Entity Group Policy of insurance shall be governed by the terms and conditions of such policy or policies of insurance. The GRC shall have no duty, obligation or responsibility as respects any Texas Public Entity Group policy or policies of insurance except as provided in this Agreement. VII. It 0 9 • i~'Mf:~~ete~ilfPMCwMI~IW.+~~~~.r._. _ '„y.,~..w.r~.w...r . - :=i1•+~. a..t R f TERM 7.01 This Agreement shall be effective as of the date designated as the Effective Date by each of the governing boards of each of the political subdivisions previously named herein (the "Effective Date"). This Agreement shall be effective as to any political subdivision subsequently agreeing to and adopting the terms and conditions of this Agreement as of the date designated as the "Effective Date" by the governing board of such political subdivision. 7.02 This Agreement shall be for a term of ten (10) years from the Effective Date hereof, and for year to year thereafter; provided, however, that any party may terminate this Agreement at any time for convenience upon ninety (90) days prior written notice. VIII. INDEMNIFICATION 8.01 Neither Party shall assert against any other Party any claim for which it carries insurance coverage. Each Party agrees to waive, and require its insurers to waive, all rights of recovery and claims of any kind against the other Party to which its insurers may be subrogated arising out of or concerning this Agreement. 8.02 In no event will any Party ever be liable to any other Party for consequential or incidental damages, including, but not limited to, loss of profits or revenue, loss of use of property, costs of capital, costs in excess of estimates, costs of substitute coverages, or claims of constituents of the other Party, arising out of any cause or claim concerning this Agreement. Ix. RELATIONSHIP OF THE PARTIES 9.01 It is not the intent of the Parties, nor shall this Agreement be construed, to create a partnership or joint venture between them. No Party is, nor shall be deemed to be, the agent of any other Party; nor shall one Party have the right to bind any other Party. No Party shall liable for the 10 win 93 ma ::`IT.fflM;."L`St"►'•L~i'1~jCS7iG`:C14~1P1~i~dvA.a7POCVn~a~-'7RT~.p^i'.~61aA?4:...:`.A.•ef=.'.`aY1=.ra-.~s.C':Yuhv.....~.cr. t;.~t..:c .,,tv-d7t. r.izti~w,u........ ,,,y, w~ - a 0 w obligations of any other Party to any third party, whether arising under this Agreement, or otherwise. 4D 4D 0 X. NOTICES 10.01 Correspondence, notices and invoices shall be in writing and mailed certified mail return receipt requested, telefaxed, or delivered to the Parties at the principal address of the Party or at such other addresses as the Parties may from time to time designate in writing. All notices, correspondence or invoices shall be effective upon receipt. XI. GENERAL PROVISIONS 11.01 This Agreement constitutes the entire understanding of the Parties relating to the subject matter hereof and supersedes any prior written or oral understanding of the Parties with respect to the subject matter hereof. There shall be no modification or waiver as respects any provision hereof except in writing, signed by the Parties and made a part hereof. 11.02 This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and assigns; provided, however, that no Party may assign this Agreement or subcontract these duties hereunder, in whole or in part, without the prior written consent of the other Party. 11.03 No failure or delay on the part of a Party to exercise any right or remedy shall operate as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further or other exercise of any such right or remedy. All rights or remedies under this Agreement are cumulative and shall not be deemed exclusive of any other rights or remedies provided by law. 11 • a3~, 0 L 0 r. F" F. P t 11.04 If any section or part of this Agreement is declared void or invalid by any Court of competent jurisdiction, such decree shall not effect the remainder of this Agreement, and such shall remain in full force and effect with the deletion of the part declared void or invalid. 11.05 The Parties hereto agree and intend that this Agreement and all disputes which may arise from, out of, under or respecting the terms or conditions of this Agreement or concerning the rights or obligations of the Parties hereunder, or respecting any performance or failure of performance by either Party hereunder, shall be governed by the laws of the State of Texas. 11.06 This Agreement shall continue in full force and effect for the full term hereof or until sooner terminated in accordance with Article VI hereof as long as two or more political subdivisions are parties hereto by original execution or subsequent adoption. IN WITNESS WHEREOF, the undersigned have executed this Agreement in multiple counter parts } s~ i 12 .=w.1r • Vii' 1J.dC )y.ti•ibS.laRf.R~. ',1 =.'G. `i:.. _ _ - l . _ . ~ . _ ~ _ ~ , . .~..~~.._..._.~.a a ..~ti ,..y,. . +.^-4 ~.~~-.oc..... i... rx laJ eeno..+Waam Nt+aw..f. ~e 0 0 TEXAS PUBLIC ENTITY GROUP INTERLOCAL AGREEMENT PURSUANT TO CHAPTER 791 THE TEXAS GOVERNMENT CODE CONCERNING PROVISION OF CERTAIN INSURANCE COVERAGES AND REINSURANCE OF SUCH COVERAGES AMENDMENT No. 1 This amendment (the "Amendment") shall attach to and be made a part of the Texas Public Entity Group Interlocal Agreement Pursuant to Chapter 791 of the Texas Government Code concerning Provision of certain Insurance Coverages and Reinsurance of such Coverages (the "Agreement") by and between Liberty County, a Texas County, acting through its Commissioners Court and Hardin County, a Texas County, acting through its Commissioners Court. WITNESSETH WHEREAS, Liberty County and Hardin County originally entered into the Agreement effective February 1, 1998 and said Agreement remains in full force and effect; WHEREAS, the Agreement designated Titan Indemnity Company of San Antonio ("Titan') as the initial reinsurer of the Texas Public Entity Group Interlocal Agreement Self-Insurance League (the "Texas Public Entity Group"); WHEREAS, pursuant to a Stock Purchase Agreement dated December 30. 1999 (the "Stock Purchase Agreement"), between United States Fidelity and Guaranty Company ("USF&G") and The Prudential Insurance Company of America ("Prudential"), USF&G has agreed to sell to Prudential all of the stock of THI Holdings (Delaware), Inc. the parent company of Titan Indemnity Company; WHEREAS, Liberty County and Hardin County now desire to terminate Texas Public Entity Group's reinsurance relationship with Titan and to establish a reinsurance relationship between Texas Public Entity Group and St. Paul Fire and Marine Insurance Company; NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the amount and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: ARTICLE I - PARTIES TO THE AGREEMENT Pursuant to Article XVIII of the Agreement, in respect of losses attributable to Policies issued on or after the Effective Date, as defined in Article III of this Amendment, (the "New Policies") this Agreement, with respect to Titan, shall be commuted and neither the Texas Public Entity Group nor Titan shall have any rights or any obligations thereunder. Texas Public Entity Group hereby releases Titan from any further liability or obligation under the Agreement for any losses attributable to or arising under the New Policies. All rights and obligations under the Agreement for losses attributable to the New Policies shall be transferred to and shall become the responsibility of St. Paul Fire and Marine Insurance Company. ~^.SY.•'*"`FK _ N!>r»~r-v...~w:.•~.....~.....r~r`t.+ ^ ••~,`SY.`. ~.,.r.~,~F:a1',;,: :i7--`...._,.,9N }~.r 0 it ~i i 1 ~k ~44 J h S } 1. i. 0 fS. off - 0.111 ARTICLE II- DOMICILE OF REINSURER The requirement that the insurer selected to provide reinsurance to Texas Public Entity Group be domiciled in the State of Texas is hereby deleted from the.Agreement. ARTICLE III - EFFECTIVE DATE This amendment shall be effective immediately following the closing of the sale of Titan by United States Fidelity and Guaranty Company to The Prudential Insurance Company of America pursuant to the Stock Purchase Agreement. . IN WITNESS WHEREOF, the undersigned authorized representatives of the parties have executed this Amendment on behalf of the parties. LIBERTY COUNTY By Its HARDIN COUNTY By its + t h i 6 ~ 6 ~ i ~ . i + is i •i i~ ;j t I 2 i ~ I 39,4 •.,w - ~ =-,i~.c.;.t..:+rcww ~«.s'wr^^°'h+ s- -•~°~W+n+.ti r......-~- } r 9 - '...~~..~._.._....`.-~+~.-.~...,-........r.r...~..w..rw. . wua.....f.. u+v`.ra r.w+....+....n..w.. .J............~+.....--....._,~...... ,.,~~r w.~.•. . ~ ,ir, , Brazos County Offioe of the Sheriff / TAMU Psychology Ageement 1 0 for Advisory and Consultative Services between -Agreement Brazos County Office of the Sheriff and the TAMU Psychology Clinic In the Departzaent of Psychology at Texas A&M University Proposal prepared by Robert W. Heffer Department of Psychology Texas A&M University July 12, 2001 pA& a3 a~,~ i F: ~r i; fir'. Brazos County Offioe of the Sheriff / TAMV Psychology Agreement 2 Institutional Representatives Authorizations: a~ 91 For Brazos County OMw of the Abezff 3 -0-7// 7 0 , Christopher C k Sheriff Date i1 Far Brazos County Z r Al Jone County Judge Date 5 7 1 ' For 2isawA62f r~ o ' MICHAEL 6. HUDDLE TON DIRECTOR Date DEPARTMENT OF CONTRACT ADMINISTRATION { I; r I ; , • A 71~.i~'w'TS.'iL'~[;"~•C-Gy~rwrmvtii•rse - - - - - _y'.a~r*c•~ ~rs.~.a:..~-~1~- :-C ~-a-r.~ _ x . _ . _ ~-r-. L .I Brazos County Office of the Sheriff / TAMU Psychology Agreement 3 Agreement for Advisory and Consultative Services between Brazos County Office of the Sheriff and the Psychology C=Lo in the Department of Psychology at Texas A&M University This contract outlines an agreement between the Brazos County Office of the Sheriff (henceforth referred to as the County) and the clinical psychology program in the Department of Psychology at Texas A&M University (henceforth referred to as TAMU) regarding Advisory and Consultative Services between the two institutions. The TAMU address for correspondence regarding services is TAMU Psychology Clinic, Department of Psychology, Texas A&M University, 2435 TAMU, College Station, Texas 77843-2435 (phone: 979-845-8017; employer's I.D.#: 76-4000531; profession/ occupation: psychologist). The County agrees to retain TAMU for a period of 12 months beginning October 1, 2001 and continuing until September 30, 2002 to Airnish psychological evaluations of detention officer and deputy sheriff applicants in accordance with regulations set forth in the Texas Commission on Law Enforcement Officers Standards and Education. Specifically, each evaluation will include: (a) a thorough clinical interview, (b) an appropriate global measure of personality/psychosocial functioning, and (c) additional specific measure(s) of behavioral style as indicated by other evaluation measures or referral questions posed by the County. Fees and Reimbursement The County agrees to pay and TAMU agrees to accept, as full compensation, the sum of $190.00 per psychological evaluation. Payment will be based on the timely submission of evaluation reports for the time period during which the referral for evaluation was made. Evaluation Reyorts TAMU, prior to receiving reimbursement under this Agreement, agrees to provide the County with a copy of psychological evaluation reports generated on persons served under this Agreement. Financial Statements for Services Rendered TAMU will provide the County a fnancial statement by the 10th day of each month for services rendered during the previous month. The County agrees to pay TAMU for services by the 8th working day of the month following receipt of the financial statement. This contract may be subject to termination with 30- days notice for lack of timely reimbursement. Early Termination This Agreement may be canceled upon 30 days written notice by either party. In 4he event this Agreement is canceled, TAMU will be paid only for the time that services were actually performed and when required evaluation reports are VOL_ ~ ~ - _ ~ •...,.-....r..~..n - - - _ M..., vara+.+~r.,~a.wr.ws rJt A~1'is `'l~.~r.~'yrU..nyHti.tY'/b.N.W/wnM.-.Y..IMA+:.....~.:..~.:. A 0 Brazos County Office of the Sheriff / TAMU Psychology' 4 1 a presented to the County within three weeks of the cancellation of this Agreement. Professional Liability and Credentials Professional liability insurance provided to faculty supervisors and graduate students in clinical psychology through the Department of Psychology will cover services provided through this Agreement. TAMU agrees to provide the County, if requested, with a copy of current professional credentials and professional liability insurance applicable to acts, omissions, or negligence in the course of performing services under this Agreement. TAMU will not be held liable for information communicated in evaluation reports that may result in a decision to dismiss or fail to hire an applicant. TAMU will not be held liable for misconduct, poor job performance,'or'poor judgements made by officers following an evaluation TAMU completes. s' Additional Professional Issues t, Students and faculty supervisors appointed by TAMU agree to comply with policies established by the TAMU Psychology Clinic regarding code of ethics, confidentiality, and other issues relevant to provision of consultative clinical services. This contract in no way obligates the County to rely exclusively on TAMU for the services described in this contract. , Renewals Pending authorization from both the County and TAMU, this agreement may be f renegotiated for a specified period beginning October 1, 2002. Renewals of this agreement may include an annual increase for services rendered. t Other Direct Costs Regarding other direct costs, the County will pay the amount per completed evaluation specified in the preceding section entitled "Fees and Reimbursement"; E the number of evaluations will vary over the months in which this contract is in effect. Other direct costs will be used by the TAMU Psychology Department for supplies, photo-reproduction, books, journals, training tapes, software, equipment, professional dues,'travel expenses, educational development, and i other directly related costs. ~f t' i ,g ~f t~ e, ,l P .L i "s t ~ S k, LEASE AGREEMENT ~ r. 3 This lease agreement which is effective as of the day of J'ui'Y 2001, k is made by and between Brazos County, Texas, ("Lessor") whose address for purposes of this agreement is 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802, and the Junior League of Bryan-College Station, Inc. ("Lessee") whose address for purposes of this agreement is 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802. In consideration of the mutual covenants and agreements herein set forth and other good and valuable consideration, Lessor does hereby demise and lease to Lessee and Lessee does hereby lease from Lessor the premises situated in Brazos County, Texas, and being a part of the property commonly referred to as the Brazos Center, and more. particularly described and shown in Exhibit A attached hereto with such property hereinafter called the "leased premises". I. ' TERM The term of this lease shall be two (2) years commencing on June 1, 2001, and ending on June 1, 200.3. II. RENT AND USE OF THE LEASED PREMISES A. Lessee agrees to pay to Lessor without any prior demand therefor and without any deduction or setoff as a fixed minimum rent of the sum of Six Hundred Dollars ($600.00) per month during the entire term of this lease, such amount to be referred to herein as the "Base Rent." Unless otherwise expressly set forth herein, Lessee shall have the use of the leased premises as described below in consideration for the payment of the Base Rent and no other amount. B. In consideration for the payment of the Base Rent, the Lessee shall have access to and use of the leased premises as follows: 0 1. At all times, the exclusive use of the office space described and designated at Exhibit W attached hereto. 2. Occupancy of two storage cabinets in the "receiving area" of the leased premises as described on Exhibit W. 3. Each year, on or prior to August 1, the Lessee shall submit to the Lessor a calendar of general membership, board, and provisional meetings scheduled for the twelve months to follow. The Lessor shall, within two weeks of receiving the calendar of meetings, respond to the Lessee with a confirmation of the proposed schedule. Once the proposed calendar is confirmed by the Lessor, the scheduled meetings and locations shall be reserved by the Lessor for use by the Lessee. The room set-up for these three types of meetings can be auditorium style or banquet style. If Lessee will not require the use of the requested rooms for the meetings on any given day, Lessee will give Lessor at least 30 days notice. It is generally understood and agreed by Lessor and Lessee that the general membership meetings will be held in either Assembly 1, III, IV, or in Lecture/Rehearsal 102. - 4. Those areas designated on Exhibit W as Room 105. Room 108, and Room 102 may be used • for committee and council meetings at no extra charge provided the following conditions prevail: pluman? a. Meetings are to be held only during normal business hours, or after 5 P.M. when another activity is scheduled requiring a Brazos Center attendant to be on the premises. b. The Lessee must request use of the space at least one week in advance. Such notice must include the date of the meeting, the start and end time, and the name of the person presiding over the meeting. 5. In addition, Lessee has permission for free use of Assembly 1, Assembly 11, or Assembly IV for two six hour periods as scheduled in advance with the Brazos Center for Agency Orientation and Candidate Orientation. t C. Lessee may schedule additional meetings utilizing Assembly I, III, and or IV on a first-come. first- served basis at the rate of $50.00 per day for each area. Ill. BUSINESS Lessee shall use the leased premises solely for the use and purpose for which It Is let, that being the conduct of Junior League meetings and related Junior League meetings and related Junior League activities as described herein. N. CONSTRUCTION AND ACCEPTANCE OR PREMISES Lessor will provide to Lessee exclusive use of all property described in Exhibit OK attached hereto. Lessee accepts the property in its present condition, and Lessee shall not construct any improvements on or in such without the express written consent of the Lessor. V. MAINTENANCE AND SURRENDER Lessor shall maintain the roof, foundation, underground and otherwise concealed plumbing, the structural soundness of the exterior walls, and all other parts of the building and other Improvements on the leased premises in good repair and condition. Lessor shall be responsible and keep in a good state of repair all interior plumbing, windows, window glass, plate glass, doors, heating system, air conditioning equipment, fire protection, sprinkler system and the interior of the building in general including the reasonable care of the entrance and exit of the premises. Lessee shall provide all furniture for the leased premises. Lessee shall provide all custodial services for the leased premises as well as minor maintenance of the leased premises. Lessee shall throughout the lease term maintain the leased premises them free from waste or nuisance, and shall f deliver up the premises in a clean and sanitary condition at the termination of this lease, reasonable wear and tear and damage from fire, tornado and other casualties excepted. T VI. TAXES AND ASSESSMENTS Lessor shall pay and fully discharge all taxes, special assessments and govemmental charges, if any, assessed against the real estate herein leased, and Lessee shall pay and fully discharge all taxes. _ special assessments and governmental charges, if any, for any and all personal property located on the ff; above premises. L 110 a3 2 I VII. UTILITIES Lessor shall pay all utility charges for electricity, heat, gas and water and power used in and about the leased premises. Lessee shall pay all charges for its dedicated telephone service and answering service. Vlll. INSURANCE Lessor and Lessee shall each be responsible for purchasing and maintaining insurance in amounts and for risks as each determines to be appropriate. Lessee will maintain in effect at all times a police of general liability insurance, including coverage for property damage, in an amount no less than $500,000.00. . Lessee bears the risk of loss of all property owned by or under the care of Lessee, and Lessee holds Lessor harmless from any claims or causes of action for the loss of or damage to the property owned by or under the care of the Lessee. IX. SIGNS 0 0 Lessee may not erect signs on any portion of the leased premises, with the exception of small signs identifying the leased premises which have been approved by Lessor in advance. S X. INDEMNITY The Lessee agrees to and shall Indemnify and hold harmless and defend the Lessor, its officers, agents, elected officials and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, for injury to or death of any person, or damage to any property, or f for any breach of contract arising out of or in connection with this lease agreement and the ; purposes for which this lease agreement was entered into, Including but not limited to property damage, injuries and death due to the act, omission, mistake, fault, default, or negligence of (1) t the Lessor, its officers, agents, employees; (2) the Lessee, its agents and employees; and (3) any invitees, licensees or guests of the Lessee. z t, Xi. DEFAULT t If Lessee shall allow the rent to be in arrears more than ten (10) days after written notice by U.S. ? mail, return receipt requested, of such delinquency, or shalt remain in default under any other conditions of this leasefor a period of ten (10) days after written notice by U.S. mail, return receipt requested, from Lessor, or should any other person than Lessee secure possession of the premises, or any part thereof, by reason of receivership bankruptcy proceedings. or other operation of law in any manner whatsoever, Lessor may at its option, following notice by U.S. mail, return receipt requested to Lessee, terminate this 4 y l3 9 3 ~a P: r. } f' F V lease, or in the alternative, Lessor may reenter and take possession of said premises and remove all i persons and property therefrom, without being deemed guilty of any manner of trespass and relet the premises or any part thereof, for all or any part of the remainder of said term, to a party satisfactory to Lessor, and at such monthly rental as Lessor may with reasonable diligence be able to secure. Should Lessor by unable to relet after reasonable efforts to do so, or should such monthly rental be less than the rental Lessee was obligated to pay under this lease, or any removal thereof, plus the expense of reletting, then Lessee shall pay the amount of such deficiency to Lessor. XII. ASSIGNMENT AND SUBLEASE Lessee shall not assign this lease, and any interest therein, or sublet the leased premises, or any part thereof, or any right or privilege pertinent thereto. XIII. NOTICES AND ADDRESSES All notices provided to be given under this Agreement shall be given by regular U.S. mail, with the sole exception that notice of default must be delivered by U.S. mail, certified return receipt requested. addressed to the Lessor's agent, and the Lessee's agent, and the Lessee's then serving President at the following addresses: Lessor: 3232 Briarcrest Drive, Bryan, Brazos County, Texas. 77802 Lessee: 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802 XIV. TEXAS LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas. and all obligations of the parties created hereunder are performable in Brazos County. Texas. XV. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement -of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties I, respecting the within subject matter. XVI. AMENDMENT i f No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof duly executed by the parties hereto. I i • Y I ~t YdO, a3 7o s y i I k r XVII. ATTORNEY'S FEES In the event Lessor or Lessee breaches any of the terms of this agreement whereby the party not in default employs attorneys to protect or enforce its rights hereunder and prevails, then the defaulting party agrees to pay the other party reasonable attorney's fees so incurred by such other party. XVIII. FORCE MAJEURE Neither Lessor nor Lessee shall be required to perform any term, condition or covenant in this lease to long as such performance is delayed or prevented by force majeure, which shall mean acts of God, material or labor restrictions by any governmental authority, civil riot, flobds and any other cause not reasonably within the control of the Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement as of the date and year first above written. LESSOR: • BRAZOS COUNTY, TEXAS C/O THE BRAZOS CENTER BY: NAME: •Ge L,/. 7,n 'N 11114 11~ TITLE: I BY: NAME: Alvin W. Jones TITLE: County Judge 0 LESSEE: THE JUNIOR LEAGUE OF BRYAN- COLLEGE STATION, INC. BY.. -==,R qc~ u~. NAME: k-4-rw( ToYGE TITLE: PRES t-DE/JT A r i I R EXIT EXIT STORACE SERVERY~ i i W ' i b 1 • 1 i { 1 ~ 1 1 BRAZOS CENTER BRYAN, TEXAS 106 %STI- 102 EXIT NOW" SCALE IN FEET .1o -W 00 59 I- i THE FOLLOWING DOCUMENT ~~c . 5~ 3 - 515 IS THE BEST--[MAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL ~~t. •SIl•Y.'~L~r'AaSP:.'iuitrwYi~Gstlu.ti~~w. it •.;1s'C1k iu.,n'.Jk: 'wiw~: :iLi+aiYidr. 'vi.I: ;wYN:M AiY.in+34wY'rai'1..e::k:.rah.h.kLkleiReJ+:tivr.,tilista'i~LIB'.ri.t+..i\E~i..,.+n: S:r:t,.:•n:ub raL~~A..6iY.fl'lwa:+i.~n:?aY.•r' :r.:, •iiiF+w. h~wiwi+,ei.~.Q.tni~+.iw.. .~a~7.~~.s%a.'lw:.'w:l'a~ilvar. i=.W> AYiioGitiMlybY'Y wrrLwiiil~.e'~ . ~•ir'~~F~C~ia'•:i.cSiryit. 'k bm • I 1 S v 13, ~~'+/6s~4~ ~ .~!{,Cg,.;: tit,Jlw:r(•w' 4~k , `„':,.t ,,:A,T:'i:. ~ •t.~;.r•:tiA;r`'r.' t. .f?~ f f S~+'✓. .,p~ 1'N 6f ~}'f .''-i r'!7 TA .~1W4't'MI•,'~1! d 20. ure-•- i G~ •Sr.,.. 'e r+r~+.4tr:e ytt n,+~4;.,. Fe,.it~rd.•J'su~~,'.•tif..rt ~'n~rw,w".,e'?,. 's I i 4 i 3 s .s t(odga;Blisirless IridO,ff;;B(~iitss N~Gtai~Pstureq , ON ,aQE11VALEN~' 1 Executive Desk ~ $ 261.92 $ 273.00 no bid 2 Secretarial DesklLeft Return $ 361.69 $ 377.00 no bid 3 Secretarial DesklRi9ht Return I{ $ 361.69 $ 377.00 no bid 4 Two (2) Drawer Vertical File $ 118.01 $ 123.00 no bid 5 Four 4 Drawer Vertical File $ 155.42 $ 162.50 no bid 6 Five 5 Drawer Vertical File w $ 224,02 $ 233.50 no bid 7 Two (2) Drawer Lateral File ; $ 264.45 $ 255.00 no bid 8 Four 4 Drawer Lateral File $ 423.55 $ 427.50 no bid 9a 5 Drawer Lateral File 36" 14, S 507.40 $ 553.50 no bid 9b 5 Drawer Lateral File 42" $ 575.30 'S° 'i : 569:?5; S 637.50 no bid 10 Two (2) Drawer Lateral File S` _ $ 196.20 E 204.50 no bid 11 Lateral File Four (4) Drawer $ 312.60 332.43 $ . ,27.1# no b Id 12a 5 Drawer Lateral File 36» $ 420.22 $ 438.00 no bid 12b 5 Drawer Lateral File 42" b 478.25 ` "`420:22 i 530.00 no bid 13 Bookcase • Three (3) Shelf Ile $ 58.52 $ 61.00 no bid 14 Sled Base Guest Chair a 126.64 $ 104.00 99.69 15 High Back Executive Chair no bid $ 295.80 164.17 16 Low Back Executive Chair no bid $ 279.00 142.11 17 Sled Base Guest Chair no bid S 213.60 99.69 18 Executive High Back Chair 521.91 S 544.00 223.98 19 Managerial Mid-back S 509.92 $ 531,50 223.98 20 Task Chair High Back 509.92 $ 531,50 263.00 21 Task Chair Mid Back ) ::.I $ 496.97 $ 518.00 251.97 22 Secretarial Chair b 15;9. ) r, $ 83.95 $ 87.50 212,00 P ; i K Numbers 15.21 wen sated and proved to be very uncomfortable and thin cushioned. t: I i 23 Secretarial ChairWlArms 11'21 $ 119.93 $ 125.00 255. 24 25 Drafting Stool 24-Hour Chair W10 Arms '`:28 a° '16 , $ 183.25 $ 327.16 $ 191.00 3 341.00 221.43 547,22 24-Hour Chair 35-'5 ~ .8 375.13 $ $ 391.00 589.64 S: •EEL~ 'S AO RI Q ' ~ ALEN~ F. 1 Executive Desk 2 Secretarial DesklLeft Return 3 Secretarial Desk/Right Return 4 Two (2) Drawer Vertical File 5 Four (4) Drawer Vertical File 6 5 Drawer Vertical File 7 Two (2) Drawer Lateral File 8 Four (4) Drawer Lateral File 9 Five (5) Drawer Lateral File 10 Bookcase -,7102'5G 3 00-" t d $ 468.18 $ 732.36 $ 732.36 $ 267.89 $ 374.53 $ 433.01 $ 301.43 $ 503.10 $ 593.40 268.75 no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid 11 Side Chair nb a: ..w190;06 no bid 99,69 12 Drafting Stool $ 292.00 $ 379.26 no bid itR Ct'll~tiNG'K YBO'ARDS;. $ 170.60 $ 210.63 $ 142.20 ERGONOMIC`.CHAIRS` . rd.,,•~ 1 '.(e Vii ri:Yi;>kc..L .•J,-t may,, : a i;FF ~41~+ h i, s • _l i. ldu~i.'. i'7' 1 Hon-Hi Back-H! Performance $ 268.70 2G8;67~ $ 305.40 305.42 WIO Seat Glide 2 Hon-Mid Back, High Perform- $ 254.25 289.20 305.42 ance W/O Seat Glide 3 Hon-HI Back, HI-Performance $ 310.75 rS`; 'w 98'31j $ 353.40 335.11 WlSeat Glide 4 Hon•Mld Back, Hi Performance ;296"50" $ 298.37 $ 337.20 335.11 WiSeat Glide Doli~~er~jF°Ih^-.Stock Itemt` :'1 45 4.6 wks geiive 9 ~S `eciai'Orrier . NOTE:Section, Items 15,16,17,18,1 9,20,21 Lowest bid did not meet spec, not Non equivalent NOTE:Section II, Item 11, Lowest bid did not meet spec's - Not a sled base chair f 1 I 79 ~f0 Q llzt t i 4 's i :t~~K1~~YM~vi'w~4Lt~i9 ~LrViYY4•'2A:..bie✓jU :4M.wL:A lJk .ra. ~.4 '.~I:.. ~fr'~:Jilr~AlY.+I>t: ~t .v... rir ~ .a~i ~~Y~YI1•UYM ~InM 1~Yp _ n,,.a,y.s,l~ P,fir.: ~.a.:!i'~!'x'CS.Y°~r•MMCarsu..r'+'g1!R~'~`. 4 MOMii'i'(i1'6Wdation _ - b Section II, Item 11, Section !V, items 1,2 ,3 siness: Section I, Items 9b, 12 , Hodges Bu Section 11, Item 12, Section III. Neutral Posure• . 14151617,18,19,20,21,22,23,24,25 ,3,4,5,6,7,8,9a,10,11,12a,13, , Wilton 's Office: Section I, items 1,2 II Items 12,3,4,5,6,7,899,10, ' Section G~ I Section IV, Item 4 • z D i i F , I4 . ' iz- .rdM.~=~.;u'.tki.,iw~'.Yf~:a~•..• ~ i:r:w.~~r'+.Sii . r 1 t f l . 07 f : I 1 i' r BID TABULATION 2001.047 CLEANING SUPPLIES FOR JAIL ACME SOPA COMPANY TEAM SYSTEMS ECOLAB, INC DNERSEY LEVER SW AUTO-CHLOR DRUMMOND AMERICA DESCRIPTION SAN ANTONiO,TX STAFFORD, TX ST. PAUL, MIN INC. AUSTIN, TX BRYAN, TX I AN Purpose Cleaner Acne Glass Shine Concentrate Betco Deep Blue Oasis 255 11227 D8 Concentrate Autoolor Room Sense 300 Sparkle Concentrate Color Coded? Yes y" yes Yes Yes no Color? dark We blue Blue deep We blue Objeon Rate per 10 gdtias: S OL 65 oL 4 oL 80 eL 500L 800L 16 cost per 10 gallons: $ 0290 3 , Y.S9 - $0.6100 $ 11M $ 4.74 S $A Packaging Size: 6 9atian pal S gallon 2.59N 2.5 9I. Cuba 411 gallon 6gallon Package Price: $45.00 $74.75 $49.00 $38.00 $48.60 $87.70 Pots and Pans Soap Acne Zipp Team L P G Express 11718 Liquid Dupan Auto-Chlor Regular color coded? yes yes yes Yes yes no oft? dark green green golden Wight pink yellow Dilution Rate per 10 gallons: .6002. .66 OL •66 OL .65 OL I oz 10 OL Use Bost per lO peRom: $ O.0rr S 0.028 $ 0.03711 $ 0.0400 $ 0J142 $ 1.000 Paciteging Sae: 6gaeon pal 5gallon 5 gallon 5 gallon pal 411 gallon 590M Package Price: $34.50 $2715 $38.00 $39.15 $22.00 $122.55 I Dish Washing Soap Acne Low Temp Detergent Team L M 75 Ultra Ilene 12716 Perform Auto Chlor Maehins Deb LT NIB CelorCoded? yes yes Yes Yes Yes Color? dearye0ar red golden red red Dilution Rate per 10 galas: 0.8 OL .20 OL 0.5 1.30 OL .8 OL She cost per 10 Oak= $ 0.05 S 0.01 $ 0.04 S 0.09 $O.0i Packaging We: 6 gallon pall 5 9afar 5 gallon 5 gallon pail S gallon Padkage Prue: $51.00 $42.00 549.00 $43.00 $57.00 Mop Soap Acme 64LO Betco 256 Mkro Bac 1115670 BGC3 Plus Auto Chlor Neutral Disinfectant Color Coded? yes Yes Yes Yes Yes no Color?1 yellow pink red amber yellow DwonRite per10gallon 5OL 502 2.5OL 5OL 20 oz 2001 Use cost per l0 OsOons: 0,113 S 0.62 $0.2500 S 1.1600 S 1.82 $290 Padkagkrg Sin: 55 gallon drum 55 gallon drum 411 gallon 211 gallon case 411 gallon 55 gallon PadkagePrice: $440.00 $869.00 $5120 $59.62 $46.80 51,063.70 Laundry Do-StalnHanitize Aare Stain Remover Destainer V 15198 AutoOlor Laundry Destainer NIB Cola Coded? 1 yes Team Llquichlor yes yes yes COW? yellow no golden yellow yellow DUm Rate per 10 galas .507. yellow .05 oz. 2 oz. 2.5 oz Use cost per 10 gallons: $ 0,175781 .5 or. is 0.0190 $0.07 S 0,074 Pads899 Sire: 15 gallon drum $ 0.014 15 galas pal 5 gallon pall 5 gallon Package Prtoe: $67.50 15 gallon drum $75.00 $22.00 $19.00 ~ I i i rr f 1 . 1 ~-'~."'.yfi:oSC.5„•d~.:-?'i:.4i:a..n'.1r:G'L~1~'q+ia..L;~~i~i`ii ~:~.rw~i.`P~ • I BID TABULATION 2001.047 , CLEANING SUPPLIES FOR JAIL l{ .I i r ~I J ons time 2to 4 hours Res a tune not lnduded - t Res a tme 1 to 2 hours Res rse ".me 2 to 4 haars Res once 1.5 to 3 hours Response i to 2 hours Res a tons Please Note Ore! 1 and 4.2 and 3' and 5 and 6 YA be evetueted tgadler because they must be purchased by the same company. RECOMMENDATION: 1 AND 4 TO ECOLAB INC 23.5. AND 6 TO TEAM SYSTEMS AWARD DATE: JULY 24 200 .~r'M Laundry Detergent Aurae Dynamo Plus Team Buff Laundry Deterg. L•2000 XP 14270 Divoblend 3A Aub-Chlor Laundry DeL Plus Color Coded? yes yes 1 yes yes yes Colon dark blue we blue on wtdte blue Dltu m Rate per 1 O gallon: 0.5 OL .5 OL 0.25 8 oz. 10: V " gallons: • Use cost per 10 p 0.03516 f f 0.04 f OA286 602 0. - 0,102 f SIM. Padragbq gallon drum 15 g 15 paeon drum IS gatlcn pal 15 gallon dram S gallon PackagePldx; $I3500 f13S.OC (22000 5144.47 f6S,75 0 . 0 , M BRAZOS COUNTY ' COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001 I DATE OF COURT MEETING: July 24. 2001 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Bird Pond Road approximately 600 ft from its intersection with Tonkaway Lake Road. Site is located in Precinct 3. SOURCE OF FUNDS: N/A 1. PRESENTATION: ! A) No work will be permitted between front slope and/or back slope. B) A11 installations 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. C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicanf's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent Geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. E) 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. II. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROV BY: Richard F. Vance, P.E. ommissi er Randy Sims County Engineer Precinct 0001-064 Approved d, Denied D by Commissioners' Court Date: :z-- 2 I - a1 1~41CL 4 4V Alvin W. Jones, Couhty Judge a3 7 B 0 . M . THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL 0 0 0 d i ~i i 1!q~+w.~,-:ax!; *~kfr~a.-.a;+?q< :;y±F_ ~^7t,c75YS"~°.'y~'~4't°.+~'•'~ Slo-dSoe. 4i3z, &cd Ponct Pro sf-d - fo L~ watu rv~c.~e.c ~ 100 Flush. 4 Va\~c U 1 ~ a ~ a d. Tor~c,,wq,..~ low, Rd. f 1 1 I , r ~ f . r l~ rx~u~sic ' Pao cJ 150 to n e. P4 IY1 Q00u R ,0.w, i C i J { I i i r: ~ledso~ Dcaw~n ~ wa~crl~~ . usi n 150' a pv c. . '~+uc Ihne, *1 P P a n ca~~ 9 B un ql I v A Vo a~ ~ I to r ` i ; I~? K~ to .U R f REr,EIVEO JUL 1 Z 2091 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicantki t-k nn Creek S . y f D proposes to place a (type)water •lineVARRIlfie right-of way of (road) Bird Pond Rd. In Bmzos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. 1 understand and agree that 1. The County Engineer must by notified 72 hours prior to the beginning of construction in order that he or his designated inspector may inspect the actual installation. 2. That all damage to the roadways and rights-of-way 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 same become necessary due to widening or towering, or other alteration of the roadway or right-of-way. 4. That Brazos County will in no way be responsible for any damage which might occur to any existing utility lines In the right-of--way. 5. That the line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. That the line or lines will be constructed no less than twenty-four inches (241 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 sites will be barricaded during the construction period. Construction of this line will begin on or after the >_bday of July 2001 Fret:. Wi_cksoA_ Cxeek S.U.D. By: rij uJ-S Title: General Manager Address: P. O. Box 4756 Bryan. TX 77805 Phone: _409-589-3030 F~ i~ APPROVED BY COMIMISSIONERV COURT ON: :U-6 ~1 .0)2.c r 3 07-12 0 1 0'C A Date . C` o tiJ r Alvin *.-Jones, Co Judge 3 R&vaad N2WQ7 VQ i i a q ~l p k SOURCE OF FUNDS: NIA 1. PRESENTATION: A) No work will be permitted between front slope and/or back slope. B) All installations 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. C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent Geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. E) 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. II. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED Richard F. Vance, P.E. C miss' ony Jones County Engineer Precinct 1 0001-065 Approved 01 Denied El by Commissioners' Court Date: ~I - 2~-- io Alvin . Jones, Co Judge :58 1 VO as 3~ 0 ..r..wM +i~.w...r..t.a-a.. w.. w+..~r m+.sav.rv _......w. ~ .....r~.u.+n.wY .rew+.~ra+..i w. '1 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: July 24. 2001 ITEM: Request from Sprint United Telephone Company for buried cable construction in the right of way of Peach Creek Road. Site is located in Precinct 1. 0 ATTN: Richard F. Vance W.O.36281827 Brazos County Engineer 2617 W. HWY 21 Bryan, Texas 77803 Dear Sir: Formal notice is hereby given that the United Telephone Company of Texas, Inc. proposes to install buried communications cable upon and along the right-of-way of county roads in Brazos County, Texas, as follows: IMPROVED ROADS (paved) - The contractor will plow cable in backslope with 8' of right-of-way line. Pipe will be bored under all paved county roads extending from ditch line to ditch line with a minimum cover of 30". IMPROVED ROADS (gravel) - The contractor will plow cable in the backslope of the road, one track of the plow tractor on the backslope the other may come to the shoulder of the road neither whole tractor or plow will be on the road surface. UNIMPROVED ROADS (dirt) - Same as improved, unless because of ditches, trees and other terrain features, it is more practical to plow in the center of the road. In these cases, the cable will be plowed in the center of the road. Not applicable in County. BRUSH DISPOSAL - Any brush, trees, etc., that are cut will be burned or disposed of and not left in the ditch. Rocks brought up by tractor or plow will be disposed of. DEPTH OF CABLE - All cables will be placed at a minimum depth of 30' except where crossing dams or ditches, at which locations the depth of cables will be at a minimum of 36". The following are requirements which are made on the contractor: 1. The plowing equipment shall be subject to the approval of the Engineer and the Public Authorities having jursidiction over highway and road rights-of-way. 2. The equipment and construction methods used by the contractor shall be such as to cause minimum displacement of the soil. The slot made in the soil by the cable plow shall be closed immediately by driving a vehicle track or wheel over the slot or by other suitable means. 3. Damage to banks, ditches, driveways, and roads caused by the equipment shall be immedeiately repaired to the satisfaction of the Engineer and Public Authorities having jursidiction over highway and road right-of- way where involved. 4. Trenches shall be promptly back-filled with earth, and mechanically tamped at six (6) inch lifts so that the earth is restored to original grade to assure no hazard to vehicular, animal or pedestrian traffic. No trenches shall be left open overnight. 5. The usual 10%fees withheld from contractor until repairs are made satisfactory with Engineer and Public Authorities having jurisdiction I. 07-IV91 IPAC. i / 12. enol, J 49' W. V.5 3u'3rV'errW • f r t 4 S ' e Cl of right-of-way involved. ' Brazos County will not be held liable at any future date for accidental damages to the buried cable plant by road working equipment such as maintainers, hole diggers, etc. In the event of J such damages the Telephone Comapany will be notified immediately. E The County Commissioners Court may require the owners to relocate this line, for valid reasons under the law, by giving thirty (30) days written notice. a. Where communication facilities are located on county road ROW the Telephone Company will relocate said facilities at no expense to the County. : b. Where communication facilities are located on private property the county will reimburse the Telephone Company for the relocation of said facilities. f. At any place where a communications line crosses over a county road, it R_ shall be constructed and maintained at least eighteen (18) feet above F. the surface of the traffic lane. x; Please notify forty-eight (48) rY r: hours prior to starting construction of the line, in order that a ' representative may be present. s The locations of the proposed lines are more fully shown by the copies f attached to this notice. Construction of this line will begin on or after the 24th day of February .1999. SPRINT/UNITED TELEPHONE COMPANY OF TEXAS, INC. ' E' BY /MELBA SCHARER DATE: 07/10/01 ) TITLE: Network Engineer II P. 0. BOX 2077 Humble, TX 77347-2077 APPROVED: ;I County udge or Com ssioners Court f . a Ago ~c._ COUNTY - DATE Z4- 4N Di 3 - r r L C~ J z 7 s M 3 t i; *f N •Y a t;"_''".'_i'Je~'y[!~"!~7',~?~,.+rs~7111°I~1~''L''f;:~". ""t';"'??®tID...• SEE SHEET 14 f . t'6 I ~ a Ru 1(187/26) (CLSR) P1. 181/20 -6 PST SWM RPTR TA6. AM CA w/S 45C 1 45X „ r r s~-x-i~-s W W I N W W N PL 464'+211• - 017 LOCAn UtLI 5 OD B-50-22 ASP-SJ-43 117.1-12 0-4 (71GGW i loll: Maaot. 6-10 117.16-16 AEG MAD01, 33.35 117, 22-50 r r x x x r R/M x r 164 Ru 1(187/25) (CLSR) PL 187/2! WS PST SWOG CA VIA 45C 2 45X x x x- i i u M Ox UU • OO 1- 1- t 9 ~C El W EDP PEACH CREEK RO - - - EOP ® 8-50-22 ASP-SJ-M 117.1-12 XWT: MUM. 6-10 117. 16-16 REC: 1JUX001, 31-33 117.22-30 p A RY 31r - 'ri ALL IRDtRCROM OBSIRUMONS ® B-25-19 PAP) 94OWN. 11l75T BE AS% ED AS m. 1-12) APPROOMAME ONLY. CONTRACTOR XYT: 4UX001, 8-10) KARS (ESPONSIBO(IY IOR COMF1M0 117, 16-16) DOLT IGEA110NS OF ALL GBSTRUCrnTa REC: MUXO01. 33-35) 117, 19 23 117: ti 24) 117, 25) ® 9-50-22 ASP-W4V 117.1-12 XYT. MA1001. $-to 117.16-18 REC: MFX001, 33-35 117, 19) 117. n 11,23 (A4) 117. 24 11111 _ . 23 26-50 117.26-SO UNITED TELEPHONE - A SPRINT COMPANY EXCHANGE: NAVASOTA NO: NVST-C TITLE: REPL OEEECTNE CA GRID MAP N0: 3100/46 ENGR: C. DONALD COUNTY: OWOS DATE. 05/01 TAI( CODE: s` n . r 4 Y 1 1. 9J CY IN 1(187/32) 1 (POLE 25'-6-'82) (ON-GUY ANC) K 787/32 Rw #(IB7/31) -d PS7 (POLE 25'-6-'62) M/S (ON-GUY ANC) , 46C 4 1Nn " 45C 3 R r/S " r R 1X Ix _ • 45C Z 45C t rM~- l l l l.. r l -'-~1('~•~- -[~-ir '~~,~.1i R//W I l +20 +2(r :x 1710641 4SC 5 BORE 23S' DETalll 36' TE1DN C EE a (E - - - BORE TREES 274' 45C 6 Ea - EOP . EDP : - - PEACH CREEK RD :R . ~ i 6 ~ W • . _ _ - W T ~EOP TO CO TO CXR W • W ow U1 'i 1 i ' I ALL UNDERCROLNA) OBSTRUCTIONS SNOWK AW BE ASSAYED AS APPROX DATE ONLY. CONTRACTOR ! BEARS RESPONSM& f FOR DEMF141C 1 EXACT LOCA.T NS OF All OBSTRLVION& s LOCATe UnLmEs 3 n (3-4 VIC41WA , RY 140' - '82) 8 ASP-L-fSF CD 9-50-22 ASP-53-W CA A-50-22 ASP-SJ-fV) Iv I-12) 7. 1-12 I 11 117, 1-12 , XYT; YUX001, 8-10) i XYr: wXOO1, 6-10 117 16-16 tom YtA0301. 8-10 117. 16-16 117. 16-16) REC: Wx001 33-35) , REC: LWOOI, 33-35 RM NMI. 3&-m . (117. 19) 117, 22) 111. 19) 117. 22 `I1 23 117.22-50 117.23) 117, 24 117 24 (A24) ) 117. 25 111, 251 (B 26-50) 117, 26-50 . (8, 26-50) 111, 26-50)1 ® 8-50-22 ASP-S2-M RM 10' - '90 111, I-12) ® B-50-22 ASP-SJ-FSF) XYT WX001, a-10) I 117, 1-12) Iu, 16-18) REc: YUX001, 33-35) Xurr MUX001, 8-10) 111, 16-16) (117, 19) 117, 22) REC. WXOOI, 33-35) 111, 23) (A. 24) 117, 24) (117, 19) 111, 22) 117.23) 117, 25) (8, 26-50) 117, 26-50) (,1, 24) 111, 24) 117, 25) REVISION UNITED TELEPHONE - A SPRINT COMPANY EXCHANGE: NAVASOTA 140: WV-0061 TITLE: REPL OEFECITVE CA GRID YAP NO: 3100/46 ENGR: G. DONALD COUNTY: BRAZOS DACE: OS Ot TAX CODE: Y,I111V nnn.. - 7-7 • f 1 w 8. 26-50) I' 1 i sl ..1 , 2 1 1!, i • ri t I F r~ Integrated Justice Information Management System Contract This Agreement is made and entered into this day of May, 2001, by and between The Software Group, Inc. ("TSG"), a Texas corporation with its principal place of business located at 1120 Jupiter Road, Suite 100, Plano, Texas and Brazos County, Texas ("COUNTY'). WHEREAS, COUNTY has determined that it requires an Integrated Justice Management System; and WHEREAS, COUNTY, after submitting Request for Proposals (RFP) from vendors and evaluating these proposals and vendor demonstrations has determined that this need is best met by utilizing the existing standard application software and the services of TSG, an independent contractor; and WHEREAS, TSG shall provide hardware, software, and services to install and implement an Integrated Justice Management System, which includes but is not limited to, integrated and unintegrated justice products as defined in the Contract Deliverables (CDs) section of this agreement, hereafter defined; and WHEREAS, COUNTY and TSG desire to enter into an agreement for the provision of such services; r•. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties agree as follows: BASIC INTENT It is the basic intent of this Agreement for COUNTY to procure from TSG, computer hardware, system software, TSG's standard Integrated Justice System Software along with associated training, conversion, project management, custom programming services for COUNTY requested modifications to TSG's standard software, and other related services to complement said system. CONTRACT DELIVERABLES This contract is broken down into multiple Contract Deliverables (CDs). Contract Deliverables (CDs) as used in this agreement shall mean sub Components of this agreement listing details which define the scope of the work services, and/or products to be delivered by TSG, as well as the basis for acceptance criteria and acceptance procedures of that component. A summary of the CDs contained within this contract along with the payment associated with each CD is attached hereto as Exhibit "A" and made a part hereof for all purposes. Each CD will be individually accepted and paid for by COUNTY. CDs are designated as either "Fixed Price" with an associated specific payment or as'"f&M" with an associated unit price and estimated number of units. Prior to the commencement of each "T&M" CD, TSG's Project Manager and COUNTY's Project Manager shall mutually develop a detailed scope of work specification and TSG shall prepare a detailed estimate of effort involved. In the event TSG's detailed estimate exceeds TSG's original estimate, TSG's Project Manager and COUNTY's Project Manager shall either revise the scope of work or propose a contract amendment to this agreement to increase the price of the CD. TSG's invoice to COUNTY shall not exceed TSG's detailed T&M estimate, submitted under this paragraph, by ten percent (10%) or exceed the actual T&M utilized. Under no circumstances may the total cost of change orders and contract amendments exceed twenty-five percent (25%) of the original contract price. ACCEPTANCE OF CDs The acceptance procedure for each CD shall be as follows: i TSG Project Manager shall deliver to COUNTY's Project Manager a Certificate of Completion (CoQ for the CD when the specified acceptance criteria have been met. TSG-Brazos County Contract Final.docn~ Pale 1 of 14 ti 1! t r COUNTY Project Manager and the IT Steering Committee shall have five (5) working days to verify these conditions have been met, and so indicate on the CoC or to reject the CoC. In the event COUNTY fails to accept or reject TSG's CoC within the time frame allotted, the CoC shall be deemed accepted. If the CoC is accepted, COUNTY Project Manager sltill sign and deliver a copy of the signed accepted CoC to the TSG Project Manager. If the CoC is rejected, COUNTY Project Manger shall deliver to TSG Project Manager the signed rejected CoC along with a written statement setting forth the particular reasons for rejection of the CD, the specific acceptance criteria or procedures which were rejected, and a detailed list of conditions consistent with the scope of work for the CD as defined in Exhibit "A", which would make the CD acceptable. The TSG Project Manger shall cure any deficiencies precluding COUNTY's acceptance of the CoC within ten (10) working days (unless otherwise agreed depending upon the severity of the deficiency) and issue another CoC to COUNTY Project Manager, at which time COUNTY Project Manger and the IT Steering Committee shall have an additional five (5) working days to either accept or reject the new CoC. This process will continue until such time that COUNTY Project Manger, the IT Steering Committee and TSG Project Manager agree that a CD has been completed, and all acceptance criteria have been met COUNTY agrees to not unreasonably withhold acceptance during the process described above. PAYMENT FOR CDs AND SERVICES CDs with a Fixed Price shall be invoiced to COUNTY upon completion of the appropriate CD and acceptance as' provided above, and shall include an attached copy of the COUNTY's signed Certificate of Completion. T&M CDs shall be invoiced to COUNTY periodically and shall include an attached worksheet detailing the number of hours, days, or units delivered during the billing period and evidencing acceptance by the COUNTY Project Manager. Upon receipt of invoices, with acceptance of each, COUNTY shall disburse payment to TSG within thirty (30) working days. COUNTY will have the right to withhold 20% of the fees associated with CD-23 and CD45. TSG will invoice the 20% holdback upon acceptance of CD-74. ' REQUIREMENTS LIST 0 TSG and COUNTY have developed those specific enhancements to TSG's software necessary to achieve the product needed by COUNTY. These enhancements are more particularly described on Exhibit "B" attached hereto and made a part hereof for all purposes (the "Requirements List'). The, parties acknowledge that some of the Requirements may change as the Software is installed in order to address unanticipated issues. The total cost of this Contract includes the costs associated with and described in the Requirements List up to and including 2400 hours. Any hours over 2400 will be billed at TSG's rates quoted herein. The T&M rates for hourly services are fixed for the duration of this Agreement. The daily training rates quoted herein are fixed for the first 196 days of the training delivered under this Agreement. All training days in excess of 196 days will be billed at TSG's State of Texas Catalog rates. PROJECT MANAGEMENT The COUNTY and TSG recognize the importance and crucial nature of proper project management and , ' cooperation between the parties through the successful implementation and completion of this Agreement. ` Within ten (10) working days of execution of this Agreement, TSG and COUNTY shall each appoint their ' respective Project Managers responsible for the management and implementation of this Agreement and to serve as the primary point of contact for each party. z Uri TSG-Bram County Contrwt FuW.doc Ir W - Page 2 of 14 { v4 JA IS~r E r TSG will provide on-going management services for a period not to exceed the time line for the Project as fi set forth on Exhibit "C" attached hereto and made a part hereof for all purposes. At the beginning of each month, the ' TSG Project Manager and the COUNTY Project Manager will mutually review the activities for the coming month and agree upon the anticipated visit requirements for the TSG Project Manager. If circumstances require, the TSG Project Manager shall be available, upon notice, for on-site services in excess of that agreed to for the month. TSG f° represents that the TSG Project Manager will be assigned exclusively to the COUNTY project for 801/6, or 128 hours, a month for the first twelve (12) months of the Project and 40%, or 64 hours, a month for the remaining three t ? (3) months of the Project. There shall be no charge billed to Brazos County for the last three months. If the Project Timeline exceeds 15 months due to the action or inaction of TSG, COUNTY will pay no additional cost for project management services, to be provided at a level TSG deems reasonably appropriate, until the Project is completed + and accepted. Thereafter, should the COUNTY desire additional project management services from TSG, TSG will bill project management services at the then current rate. TSG shall assign to the Brazos County Project, a second person to act as a contact in the event of an emergency or the unexpected absence of the TSG Project Manager. The Project Managers of each party shall be fully qualified to perform the tasks assigned them. Each party recognizes the importance of cooperation between the employees of each other, and each party will take responsible steps to ensure positive working relationships between the parties so as to ensure the timely completion of their respective tasks. The assigned TSG Project Manager will not be replaced without the approval of the COUNTY, which shall not be unreasonably withheld. If TSG and COUNTY mutually agree to replace the TSG project manager due to unsatisfactory performance or if both parties mutually agree that a TSG project management replacement will have a negative impact on the project schedule, TSG will extended project management services to COUNTY for an additional month at the same 800/o/40% rate then in effect at the time of replacement. TSG agrees not to recruit for employment or hire any COUNTY employee (or former employee if employed by the COUNTY on the date of this Agreement) until this Contract is complete and the System is accepted. Should TSG violate this provision, it agrees to pay the COUNTY as liquidated damages, a sum equal to one hundred percent (100%) of the annual salary of the employee so recruited. COUNTY agrees not to recruit for employment or hire any TSG employee (or former employee if employed by TSG on the date of this Agreement) until this Contract is complete and the System is accepted. Should COUNTY violate this provision, it agrees to may TSG as liquidated damages, a sum equal to one hundred percent (100%) of the annual salary of the employee so recruited. The COUNTY shall establish a Steering Committee composed of senior administrators of each department. This Committee, along with the COUNTY Project Manager shall be responsible for acceptance of the CDs on behalf of the COUNTY. RESPONSIBII,r=S OF COUNTY r r a ' In addition to the other responsibilities set forth herein, COUNTY will perform the following: (i) provide all training of its personnel, except and to the extent this agreement specifically requires TSG to provide training; (ii) collect, prepare, and enter all data necessary for day-today operations of the Software Product; (iii) retain separate copies of all conversion data delivered to TSG; (iv) provide the computer systems into which the Software Product will be loaded; (v) provide the local area network; (vi) install all Software Product changes or updates into the Software Products which are supplied by TSG; provided however, COUNTY reserves the right to install all updates into a test area before deploying them live for quality assurance purposes, and (vii) maintain, as part of COUNTY's i Computer System, a dial up modem and phone circuit or internet connection for use by TSG. TSG agrees to provide COUNTY with analysis, programming, and support services for the purpose of developing data import routines at TSG's standard time and materials rates then in effect. 23 81 W,W TSG-Drazos County Contract Final,doc Page 3 of 14 CHANGE ORDERS No changes or amendments to any terms of this contract shall be binding unless the change or amendment is in the form of a written change order signed by both parties. Either party may initiate a change order request, but all change orders must be completed on the form attached hereto as Exhibit "D" and made a part hereof for all purposes. Within five (5) days of receiving a written change order request from COUNTY, TSG will prepare a written cost estimate and schedule for the requested change and submit a completed copy of the change order form to COUNTY. COUNTY Project Manager and TSG Project Manager shall jointly review the contents of the submitted change order and either accept or reject it, provided however, if such change order affects the cost of the j Contract, such change order must be submitted to the County Commissioners Court for approval. Such change order will be considered at the next regularly scheduled Commissioners Court hearing after such change order is submitted and for which adequate notice is possible under the Texas Open Meetings Act. Final approval for COUNTY will be made by COUNTY Project Manager and the Steering Committee and final approval for TSG will be made by TSG Project Manager. All approved and authorized change orders shall become a part of this Agreement. ADDITIONAL ITEMS The parties hereby agree that the COUNTY shall have the option to purchase those items set forth on Exhibit "E" attached hereto and made a part hereof for all purposes at the prices set forth therein for two (2) years from the date of this Agreement. SOFTWARE LICENSE 0 Upon COUNTY's acceptance of a given CD and payment in full to TSG, TSG shall grant to COUNTY and COUNTY shall accept a fully paid, royalty-free, non-exclusive, non-transferable license to use and practice (but not to permit others to use and practice) the software products contained in the accepted CD on and with the equipment approved by TSG. All TSG software products and all changes, enhancements, modifications, and improvements thereto shall be and remain the property of TSG and COUNTY's sole right shall be to use and practice the same as permitted herein. Software products designated as non-TSG products provided by a third party, as part of a CD will be subject to a separate licensing agreement by and between COUNTY and third party vendor. Notwithstanding anything herein, TSG shall be responsible for the payment to any non•TSG third party providers for a fully paid, royalty-free, non-exclusive, non-transferable license to be provided from the third party software vendor to COUNTY. If TSG ceases to support the TSG UMS Software being purchased herein within five (5) years of acceptance of the whole, TSG will supply to the COUNTY a license to use TSG's then current 1JMS Software at no cost to the COUNTY. It is the COUNTY's understanding and expectation that it is purchasing and TSG will install, at the time of installation, the latest commercially available version of the Software to be purchased hereunder. After the five (5) year period from acceptance of the current IJMS Software, for a period of seven (7) years, COUNTY shall have the right to purchase a TSG application software license for any of TSG's then current UMS Software modules at a 25% discount based on TSG's State of Texas Catalog rates. Should the COUNTY enter into a co-operative agreement with another governmental entity to use a TSG developed system, TSG agrees to acknowledge and honor any cost sharing arrangements made by such parties. Such agreement does not provide Brazos County the right to license TSG products or make contract commitments for TSG. pp, a3~'~~~WU TSG-Brain County Contract Final.aoc Page 4 of 14 0 d / - LIMITATIONS ON LIABDUTY TSG's liability for damages arising out of or in connection with this Agreement, whether based on a theory of contract or tort, including negligence or strict liability, shall be limited to the total amount paid by COUNTY hereunder. Notwithstanding anything to the contrary, in no event shall TSG be liable to COUNTY for (i) indiroct, remote, incidental, special, exemplary, punitive, or consequential damages, or (ii) for any damages whatsoever due r' to causes beyond the reasonable control of TSG, or (iii) damages resulting from the loss of use, loss or damage to COUNTY source data (not caused by TSG) or loss of revenue. The rights and remedies set forth herein are exclusive and in lieu of any and all other rights, remedies, or warranties available at law including implied warranties of merchantability and fitness for a particular or intended purpose, excluding those warranties specifically set forth herein. WARRANTY TSG does warrant and represent that TSG's terminal emulator "AbleTERM" will operate in a MS Windows 98, 2000, and NT environment. Further, TSG warrants that "AbleTERM" will not interfere with the operation of the DynaSource Image Viewer terminal emulator Version XX.X and that both can be run successfully simultaneously. TSG warrants that each unit of Equipment it is required to supply pursuant hereto shall be new and unused, and, if COUNTY fully and faithfully performs each and every obligation required of it including making all payments hereunder when due, COUNTY's title to each unit of Equipment shall be free and clear of all liens and encumbrances arising through TSG. The parties understand and agree that TSG is not the manufacturer of the Equipment. As such, TSG does not warrant or guarantee the condition of the Equipment or the operational characteristics of the Equipment. TSG hereby grants and gives to COUNTY any warranty adjustments TSG may receive from the manufacturer or supplier of the Equipment. TSG does however, warrant and represent that it has examined the specifications for the HP Server hardware to be purchased or acquired by COUNTY and such hardware is adequate for and will run the UMS Software. t r Acceptance of hardware supplied by TSG must be installed and working for a period of 90-days during which the hardware and system software must maintain a 99% uptime. Failure to achieve this level of performance may delay formal acceptance of the TSG products and may result in payments being withheld by COUNTY until the problem is corrected and the hardware meets the level of performance defined in this paragraph. When the Hardware is operating in accordance with its specifications, TSG warrants that the Software and Hardware will together perform in accordance with the,System technical specifications mutually developed by the parties from the functional specifications for the Software, the interface specifications and the System performance requirements set forth in the Contract Deliverables set forth in Exhibit "A", for one year from date of acceptance provided COUNTY maintains a Software Maintenance and Client Support Agreement from TSG and maintains the hardware as defined by the hardware manufacturer COPYRIGHT OR PATENT INFRINGEMENT If any claim is asserted or action or proceeding brought against the COUNTY which alleges that all or any part of the Integrated Justice Information Management System (UMS) system in the form supplied by TSG, or the COUNTY's use thereof, infringes or misappropriates any United States copyright or patent, or any trade secret, contact, license, grant, or other proprietary right, the COUNTY shall give TSG prompt written notice thereof. TSG shall defend any such claim or action with counsel of TSG's choice and at TSG's expense and shall indemnify the COUNTY for any costs, including reasonable attorney's fees, incurred by the COUNTY in connection therewith. The COUNTY shall cooperate fully with and may monitor TSG in the defense of any claim, action or proceeding and will make employees available as TSG may reasonably request with regard to such defense, subject to the VaLl,w=~90Ag. d- _P Page S of 14 TSG-Brazos County Contract Final doc a• reimbursement by TSG of all costs and expenses occasioned by COUNTY's cooperation in such defense. This indemnity does not apply to the extent of any modifications to the IJMS made by COUNTY or any third party or to any unauthorized use of IJMS by COUNTY. 0 If the IJMS is, in either COUNTY's or TSG's opinion likely to become or does become the subject of a claim of infringement or misappropriation of a copyright, patent, trade secret or other contractual or proprietary right, or if a temporary restraining order or other injunctive relief is entered against the use of part of or all of the UMS, TSG shall at its sole cost and expense select one of the following remedies, which selection shall be in TSG's sole discretion: 1. Promptly replace the UMS with a compatible , functionally equivalent, noninfringing and/or nonrestrained IJMS; or 2. Promptly modify the IJMS to make it noninfringing; or 3. Promptly procure the right of the COUNTY to use the UMS as intended. The provisions of this Article related to copyright or patent infringement will remain in full force and effect even after the termination of this Agreement. CONFIDENTIALITY COUNTY acknowledges that all software, documentation, release notes, and data base layouts are the confidential information of TSG. COUNTY agrees not to provide, disclose or make available all or any part of this information except to COUNTY employees and COUNTY project consultants, Applied Computing Services, Inc., and Pete Huml (herein the "Consultants"), without the prior written consent of an officer of TSG, which shall not be unreasonably withheld, unless such information shall be deemed subject to disclosure under the Texas Public Information Act. I COUNTY agrees that all algorithms, techniques and processes contained in the software product and any changes, improvements and enhancements thereto, constitute trade secrets of TSG. COUNTY further agrees to use reasonable care to safeguard the same against disclosure to unauthorized employees of COUNTY and all persons not employed by COUNTY, excluding however, the Consultants. COUNTY shall not, under any circumstance, modify, copy, reproduce, or in any way duplicate any written or machine-readable material provided it by TSG, without the express written approval signed by an officer of TSG, which shall not be unreasonably withheld. Notwithstanding the foregoing, COUNTY may make archival copies of the Software Product and all changes, improvements and enhancements thereto which are supplied by TSG on machine readable media, but such copies shall not be disclosed to unauthorized employees of COUNTY or persons not employed by COUNTY, except the Consultants. Notwithstanding anything herein to the contrary, information as described herein above, may be disclosed to a Texas county that COUNTY, in conjunction with TSG, has agreed to cooperate with in the implementation of a similar system. Regardless of status of title to any hardware provided herein, TSG shall not use such hardware to provide software testing, data migration or any similar service to other TSG Customers. TSG agrees to treat the COUNTY records as confidential. TSG shall not publish, distribute or reproduce in any way the COUNTY records without the express written authorization of the COUNTYJudge or the District Clerk or County Clerk, depending upon in which office the record at issue is maintained. The provisions of this Article related to confidentiality will remain in full force and effect even after the termination of this Agreement. iw. Marams County Contract F-uw sm Page 6 of 14 ~a 1, a, E 4" i~ i Z' TAXES The purchase price does not include any tax or other governmental impositions including, without nitation, sales and use tax. All such cost, if any, shall be invoiced separately to COUN'T'Y, and COUNTY shell y the same in addition to the purchase price. TERMINATION If five or more COCs are issued for anyone CD without the County issuing its acceptance pursuant to the procedure set forth in "Acceptance of CDs" herein and COUNTY has worked with TSG in good faith in an effort to assist TSG in resolving to the COUNTY'S satisfaction any dissatisfaction or defect in the CDs, then the COUNTY may terminate this Agreement by providing thirty (30) days written notice to TSG along with payment for all CDs previously delivered by TSG in all prior phases,, if not already paid. Any such notice of termination will only serve to terminate the parties' obligations with respect to any phase in which TSG has not delivered a CD. With respect to the then-current phase, COUNTY may, at its sole option, elect to continue to receive delivery of the remaining CDs required by such phase or cease delivery immediately. The COUNTY agrees to pay TSG for all delivered and accepted CDs prior to termination in accordance with the terms of this Agreement. Should either party default in the performance of any obligations under this Agreement or breach any provision contained herein (except at set forth above) and not correct or substantially cure the default or breach within 30 days after receipt of written notice by the other party of such default or breach, then this Agreement may be terminated by the non-defaulting/non-breaching party. If COUNTY is the defaulting/breaching party, COUNTY will immediately pay for all CDs previously delivered by TSG and accepted in all prior phases. OWNERSHIP, SECURITY INTEREST, RISK OF LOSS 8 4 i All items provided to COUNTY as part of any CD, at all times prior to acceptance and payment in full by COUNTY of the relevant CD, shall be and remain the property of TSG. The parties agree that TSG may borrow money from a creditor or creditors and grant a security interest in the item provided to COUNTY. COUNTY agrees to sign any reasonable instruments requested by TSG or creditors to perfect such security interest. Any such security documents shall provide that should the bender foreclose upon its security interest, prior to release of such interest, as provided below, COUNTY's right to possession, implementation and use of the items, pending full payment, shall not terminate, be abridged or be interfered with in any way by bender. Upon COUNTY's payment to TSG of the full amount of funds due as set forth for each CD, TSG shall pass ownership and clear title to all products under the said CD to COUNTY, free and clear of any security interest. The risk of loss, destruction, or damage to any items provided to COUNTY as part of this Agreement shall pass to COUNTY upon TSG delivering said products to COUNTY and acceptance by the COUNTY under the terms of this Agreement. CONSENTS AND AUTHORIZATIONS TSG shall not order any equipment not described herein without the written authorization of the COUNTY Project Manager, which authorization shall not be unreasonably withheld. TSG shall notify in writing and schedule with the COUNTY all deliveries, including but not limited to Software upgrades and modifications. SOURCE CODE (a) All source code utilized by TSG in the preparation of the Software Product or embodied therein, shall at all times until the prerequisites and requirements of (c) below occur or are satisfied, be and remain the exclusive i TSG-Brazos County Contract Final.doc (C5~~ t Page 7 of 14 ,U,. ,•A a property of TSG and COUNTY's rights therein shall be strictly limited to those rights herein expressly granted COUNTY. (b) For the purposes of this Paragraph, the "Escrow Agent" shall mean the person so appointed herein and his successor or successors. Within ten days after COUNTY's acceptance of the Software Product, TSG shall deliver to the Escrow Agent all source codes utilized by TSG in the preparation of the Software Product or embodied therein. Additionally, once each year thereafter for so long as COUNTY utilized the Software Product and the Software Product is included in TSG's standard Client Services & Software Maintenance Agreement, TSG shall incorporate all changes into the source code held by the Escrow Agent. The Escrow Agent shall hold the said source code strictly for the purposes herein set forth and for no other purposes. (c) The source code to be delivered to the Escrow Agent shall be contained on 4mm tapes. Upon the occurrence of the following, the Escrow Agent shall deliver the tape or tapes to the COUNTY and thereafter the COUNTY shall have complete and total ownership of said tape or tapes, and the non- exclusive right to use the source code therein contained: (1) the dissolution of TSG, regardless of how caused; and (2) written notice of said dissolution from COUNTY to the Escrow Agent, with a copy to TSG, both by Certified Mail, Return Receipt Requested, postage prepaid; and (3) the elapse of ten days after Escrow Agent's receipt of the aforementioned written notice without any court-ordered restraining order or injunction against Escrow Agent's delivery of the tape or tapes to the COUNTY; or (4) the failure to offer support of the IJMS Software as evidenced by the failure to respond and initiate a cure to calls for support by the Computer and Network Services department five times in any one month; and (5) written notice of said failure to support from COUNTY to the Escrow Agent, with a copy to TSG, both by Certified Mail, Return Receipt Requested, postage prepaid; and (6) the elapse of thirty days after Escrow Agent's receipt of the aforementioned written notice without any court-ordered restraining order or injunction against Escrow Agent's delivery of the tape or tapes to the COUNTY. 0 In the event, after the receipt to the written notice referred to in (c) above, any court restrains or enjoins the Escrow Agent's delivery of said tape or tapes to COUNTY, the Escrow Agent may, but is not required to, deliver said tapes into said court for the court's disposition, and the Escrow Agent shall have no further liability or duty to any other person or party relating to said tape or tapes. (d) It is understood and agreed that the Escrow Agent is not required to have and shall not have any knowledge of the source code, but is solely responsible for the physical possession of the tape or tapes given to him and to be retained by him The Escrow Agent shall have no responsibility or liability to TSG or COUNTY, or any person or parry claiming through either or them, for the content of said tape or tapes. (e) The Escrow Agent shall not be required to bear, and is hereby released and relieved of liability for the loss or destruction of, or damage to, the said tape or tapes and all contents thereof, unless said loss, destruction or damage is solely caused by the gross negligence of the Escrow Agent. (f) TSG shall select the Escrow Agent, subject to the approval of the COUNTY, and bear all costs associated with the hiring and maintenance of the services of the Escrow Agent. mHAD TSC4Wm Camgr Contract F WASoe a Page 8 of 11 E K. i INDEPENDENT CONTRACTOR TSG shall remain at all times an independent contractor and shall not be considered for any purpose as an officer, agent, or employee of either COUNTY or supplier. TSG shall not represent to any person that it is an agent employee of COUNTY or supplier. GOVERNING LAW, ENTIRETY OF AGREEMENT This Agreement shall be interpreted in accordance with the laws of the State of Texas. In the event that any art of this Agreement is invalidated by a court or legislative action, the remainder thereof shall remain in frill force and effect, and to the extent and degree necessary to promote and complete the intent of the parties hereunder. This Contract is performable in Brazos County, Texas. This Agreement constitutes the entire understanding of the parties hereto and supersedes any and all prior or contemporaneous representations or agreement, whether written or oral, between the parties, and cannot be changed or modified unless in writing signed by all parties hereto. No assignment of this Agreement or any right hereunder by either party will be effective unless the non- assigning party has given its written consent. APPROVAL COUNTY represents and warrants to TSG that this Agreement has been approved by its governing body and is a binding obligation upon COUNTY, and that COUNTY has appropriated or will appropriate sufficient funds to cover the scope of this Agreement. WITNESS HEREOF, the parties have executed this Agreement, in multiple counterparts, each of which shall constitute an original, on the day and year written by the signature of the last signing authorized representative below. THE SOFTWARE GROUP, INC. BRAZOS COUNTY, TEXAS By: Glenn Smith, President Date: BY Alvin W. Jones, County Judge Date: ATTEST: L TSG-&aaoa County Contract Final.doe Per 9 of 14