HomeMy WebLinkAbout2001-12-04-0900AM-Regularl
BRYAN. TEXAS
FILED
2001 NOV 3 0 A 9- S 2
oRAZ04 CGUi1iY DRYANYTEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
DECEMBER 4, 2001 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26Ta STREET, SUM 115, BRYAN,
TEXAS.
1. Invocation and Pledge of Allegiance - Commissioner Cauley.
2. Call for citizen input and/or concerns.
Consider and take action on agenda items 3 - 18:
3. Personnel Changes of Status.
4. Payment of Claims.
5 Request by the Justice of the Peace, Precinct 6, for authorization to increase the cash
drawer change from $100.00 to $200.00.
6. Suspension of the collection of the $4.00 justice court technology fee for misdemeanor
offenses.
7. Memorandum of Understanding with the Texas Engineering Extension Service for the
award of a Domestic Preparedness Equipment Grant.
8. Amendment to Agreement with ACS/GRS to provide an additional workstation for the
County Clerk's Office.
9. Request by the Sheriff for out-of-state travel to attend the National Sheriffs Association
Conference, June 22-26, 2002, in Tulsa, Oklahoma.
10. Recurring Payment Requests for the following:
a. Lubbock National Bank.
b. IOS Capital
11. Cancellation of the December 18, 2001 Commissioners Court meeting and re-scheduling
on Friday, December 21, 2001.
12. Cancellation of the December 25, 2001 and January 1, 2002 Commissioners Court
meetings.
13. Blanket Purchase Order for $4,000.00 to the Eagle for the Purchasing Department.
14. Contract and Contract Amendment with Star Armored, Inc. for armored car service.
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Commissioners Court Meeting Agenda
December 4, 2001
Page Two
15. Obtaining cellular phone service and equipment through a Texan 2000 State Contract
with Cingular Wireless.
16. Award of RFP No. 2001-048, Internet Service Provider for Courthouse Complex.
17. The Replat of Lots 22 and 23, Block 2, Creekridge Estates, Phase One. Site is located in
Precinct 1.
18. Approval of minutes from Commissioners Court meetings conducted on the following
dates:
a. Regular meetings conducted on September 4, 2001, September 1 1, 2001, September
18, 2001, and September 25, 2001;
b. Special Called meetings conducted on September 4, 2001 and September 28, 2001.
19. Announcement of interest items and possible future agenda topics.
20. Call for citizen input and/or concerns.
21. Convene into Executive Session pursuant to §551.071 of the Texas Government Code to
discuss privileged matters with legal counsel.
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22. Consider and take action on Executive Session.
23. Adjourn.
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The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for
sign interpretive services must be made two business days before the meeting. To make
arrangements, call (979) 361-4102.
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COMMISSIONERS' COURT
REGULAR MEETING
DECEMBER 4, 2001
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Tuesday, December 4, 2001, 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 Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
20025326 through 20025552
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Claims as
submitted.
The Court proceeded to consider a request by the Justice
of the Peace, Precinct 6, for authorization to increase the
cash drawer change from $100.00 to $200.00. On motion by
Commissioner Sims, seconded by Commissioner Jones, the Court
voted unanimously to approve the request for the specified
increase in the cash drawer.
Vol 9 Y Page /120
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Commissioners' Court meeting December 4, 2001
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The next matter for consideration was the suspension of
the collection of the $4.00 justice court technology fee for
misdemeanor offenses. On motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court voted unanimously
to suspend the collection of the $4.00 justice court
technology fee for misdemeanor offenses effective December 5,
2001.
The Court next considered approval of a Memorandum of
Understanding with the Texas Engineering Extension Service for
the award of a Domestic Preparedness Equipment Grant. The
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additional $4,502 is a supplement to the original grant and
revises the grant total to $46,152. On motion by Commissioner
Cauley, seconded by Commissioner Sims, the Court voted
unanimously to approve the Memorandum of Understanding with
the Texas Engineering Extension Service for the award of a
Domestic Preparedness Equipment Grant and authorized the
County Judge to accept such funds should they be awarded.
The Court considered approval of an Amendment to
Agreement with ACS/GRS to provide an additional workstation
for the County Clerk's office. On motion by Commissioner
Cauley, seconded by Commissioner Thornton, the Court voted
unanimously to approve the Amendment to the Agreement with
ACS/GRS to provide an additional workstation for the County
Clerk's office. A copy is attached.
The next matter for consideration by the Court was a
request submitted by the Sheriff seeking approval for out of
state travel for himself. Sherif Kirk would be traveling to
Tulsa, Oklahoma to attend the National Sheriff's Association
2002 Annual Conference & Exhibition June 22nd through the 26t',
2002. On motion by Commissioner Jones, seconded by
Commissioner Cauley, the Court voted unanimously to grant the
request from the Sheriff and approved payment of out of state
travel expense for Sheriff Chris Kirk.
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Commissioners' Court meeting December 4, 2001
3
The Court next considered authorizing the Auditor's
office to process recurring payment requests for the
following:
a) Lubbock National Bank, for lease of metal
detector $186.64 monthly payment.
b) IOS Capital, for lease of copier $805.00
monthly payment.
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to authorize the Auditor's
office to process the previously noted recurring payments.
On motion by Commissioner Cauley, seconded by
Commissioner Jones, the Court voted unanimously to cancel the
December 18, 2001 Commissioners Court meeting and re-schedule
it for Friday, December 21, 2001.
On motion by Commissioner Cauley, seconded by
Commissioner Thornton, the Court voted unanimously to cancel
the Commissioners Court meetings of December 25, 2001 and
January 1, 2002.
The Court proceeded to consider the following blanket
Purchase Order:
B/CS Eagle Purchasing $4,000
On motion by Commissioner Cauley, seconded by Commissioner
Jones, the Court voted unanimously to approve the Blanket
Purchase Order as submitted.
The Court next considered the Contract and Contact
Amendment with Star Armored, Inc. for armored car service.
Star Armored, Inc. will transport currency, coin, negotiable
instruments and other documents from Brazos County and deliver
them to the First American Bank at 1660 Briarcrest Drive,
Bryan, Texas 77803 at a cost to the County of $800.00 per
month plus applicable state and local sales tax rates. The
contract is for the Treasurer's Office, Adult Probation
Office, Juvenile Justice Center, and Justice of the Peace,
Precinct 6. The Amendment adds the Tax Office. On motion by
Vol a 7' Page /a 01(
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Commissioners' Court meeting December 4, 2001
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Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to approve the Contract and Contact
Amendment with Star Armored, Inc. for armored car service. A
copy of each is attached.
The next matter for consideration was acquiring cellular
phone service and equipment through a Texas 2000 State
Contract with Cingular Wireless. This will result in no
change to the current service. On motion by Commissioner
Jones, seconded by Commissioner Cauley, the Court voted
unanimously to acquire cellular phone service and equipment
through a Texas 2000 State Contract with Cingular Wireless. A
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copy of the Agreement is attached.
The Court next considered awarding the following Request
for Proposal:
RFP No. 2001-048, Internet Service Provider for
Courthouse Complex
Ernie Lanie, Interim Director of the
Information Technology Department, asked
to amend his previous recommendation and
to select Data Centric Broadband as the
County's Internet Service Provider. On
motion by Commissioner Cauley, seconded
by Commissioner Sims, the Court voted
unanimously to accept the recommendation
of the interim Director and award the
contract to Data Centric Broadband. A
copy of the bid tabulation is attached.
The Court next considered approval of the Re-Plat of Lots
22 and 23, Block 2, Creekridge Estates, Phase one Subdivision
in Precinct 1. Richard Vance, County Engineer, stated that he
had reviewed the plat and all appeared to be in order. On
motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Re-Plat
of Lots 22 and 23, Block 2, Creekridge Estates, Phase one
Subdivision as submitted.
The Court next considered approval of the minutes of the
Commissioners' Court meetings held in September, 2001 on the
following dates: 4, 11, 18, 25 and Special Meetings held on
Vol _96Y Page ! 02 3
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September 4 and 28, 2001. on motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the minutes as submitted.
Under announcement of interest items and possible future
agenda topics the County Judge made the following comments:
a) We need a workshop on Flood Damage
Prevention.
b) At this time there is still no approval
from the Department of Justice to
implement the Justice of the
Peace/Constable re-alignment. He
recommends that the JP's running for
office file in their current precinct and
then make appropriate changes after
approval is received.
c) He recommends that the Court have a
Special Commissioners Court meeting at
1:30 p.m. on January 2 to select and vote
on Justices of the Peace and Constables
for the new precincts.
d) He asked the Commissioners to let the
Executive Assistant or legal counsel know
any thoughts or concerns they may have on
the Wild Animal Ordinance.
e) He will schedule a workshop at 10:00 a.m.
on December 11, 2001 to discuss the need
for a bailiff for the Juvenile Referee.
The County Auditor made the following comment:
a) He informed the Court that his office has
never received copies of the outside
audits from the Precinct 1 and 3
volunteer Fire Departments. Precinct 1
has also not returned a signed copy of
the contract. The County Judge suggested
that perhaps an agenda item would be in
order to consider instructing the County
Auditor to conduct audits so that we are
in compliance.
There was no citizen input and/or concerns.
At 9:45 a.m. the County Judge announced the meeting
closed to the public so that the Court could meet in Closed
Executive Session to discuss privileged matters with legal
counsel pursuant to Section 551.071 of the Texas Government
Code.
At 9:56 a.m. the County Judge announced the meeting open
to the public and that no action would be taken on the closed
session.
Vol 12 X Page to7'l-
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There being no further business to come before the Court,
the meeting was adjourned.
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Vol a 8" Page !a 5
C~
The foregoing minutes of the Commissioners Court meeting
held December 4, 2001 have been examined and are approved in
open Court this the day of aadZ 202a, in
Bryan, Brazos County, Texas.
Ally h W. Jon
County Judge
(DAY J
Commi sioner, Precinct 1
Wm. S. Thornton
Commissioner, Precinct 2
G ~
rey Cau ey, Jr.
Commissio er, Preci t 4
Vol °27 Page
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Charles B. ones
Commissio r, Precinct 3
G
Yffare 4mcueen
County Clerk
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BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON-!2 - 2001 AT q=oo Awk-
NAME
ORGANIZATION/DEPARTMENT
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PERSONNEL CHANGE OF STATUS
page 1 of 1
COURT DATE: December 4, 2001
DEPARTMENT: Personnel
PURPOSE: Approve Personnel Change of Status
DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED
BRAZOS CENTER COULSON, SCOTT RESIGNATION
RICHARDSON, CLIFF T NEW HIRE
272ND DISTRICT COURT CALVIN, LAURIE
MERIT INCREASE
ODSTRCIL, ROBERT T
MERIT INCREASE
JUSTICE OF PEACE, PCT 6 LEWIS, BARBARA A
MERIT INCREASE
TRAIL, LINDA A
MERIT INCREASE
RISK MGM'T BECERRA, ROBERTA
MERIT INCREASE
ROAD & BRIDGE ALFORD, ROBERT
PROMOTION
WILLIAMS, JESSIE
PROMOTION
COLE JR., MARLIN K
PROMOTION
JIMENEZ, LORENZO
END OF SEASONAL JOB DUTIES
TOLIVER, CHARLES
END OF SEASONAL JOB DUTIES
SHERIFF OFFICE - JAIL DIVISION CARPENTER, KENNETH J
RESIGNATION W
DOOLTTTLE, LESLIE S
TRANSFER WITHIN DEPT.
STUART, KEVIN
TRANSFER WITHIN DEPT.
LICON, VICTOR M
ADVANCEMENT SCHEDULE INCREASE
WILSON, KENNETH
PROMOTION
TAX OFFICE M ~ZELLER, N CAROL
PROMOTION
MARSH, MARY C
NEW HIRE
Approved in Commissioners' Court: December 4. 2001
County Judge's or Commissioner's Signature: leQ~~
(Ms copy to be attached to minutes)
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MEMORANDUM OF UNDERSTANDING BMZOS COUNTY
This Memorandum of Understanding (MOU) is entered into by and between the Texas
Engineering Extension Service (TEEX) and the jurisdiction receiving equipment hereafter
referred to as the customer.
STATEMENT OF RESPONSIBILITIES:
TEXAS ENGINEERING EXTENSION SERVICE will:
•
• Coordinate purchase and delivery of authorized equipment selected by the
recipient jurisdiction as funded by the Office of Justice Programs, Office for
Domestic Preparedness, Fiscal Year 1999 State Domestic Preparedness
Equipment Program.
• Monitor and track progress of equipment deliveries until the jurisdiction
receives all equipment provided under the grant.
• Serve as the Interface with the Office for Domestic Preparedness, Office -of
Justice Programs.
• Provide a point of contact to assist the recipient jurisdiction with any
questions or problems.
Customerwiil•
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• Provide final selection of equipment from the list provided by the Texas
Engineering Extension Service.
• Provide model names and information necessary to allow correct equipment
to be purchased.
• Provide the name and full contact information of the Individual authorized to
receipt for equipment on the form provided by the Texas Engineering Extension
Service
• Provide the name and full contact information for the jurisdiction financial
point of contact on the form provided by the Texas Engineering Extension
Service.
• Accept transfer of title for equipment received.
• Provide an inventory every two years of any items received with a unit cost
greater than $15,000 to the Texas Engineering Extension Service.
• Provide copies of documentation showing receipt of items to the Texas
Engineering Extension Service.
~'d ~ is c9qj
f>ra~os.
ALTERNATIVE DISPUTE RESOLUTION: The dispute resolution process provided for in
Chapter 2260 of the Government Code shall be used, as further described herein, by the Texas
Engineering Extension Service (hereinafter 4TEEX j and the contractor to attempt to resolve any
claim for breach of contract made by the contractor.
A. A contractor's claim for breacti of this contract that the parties cannot resolve in the ordinary course of
business shall be submitted to the negotiation process provided In Chapter 2260, subchapter B, of
the Government Code. To Initiate the process, the contractor shall submit written notice, as required
by subchapter B, to Arturo Alonzo, TEEX Deputy Director. Said notice shall specifically state that the
provisions of Chapter 2260, subchapter B. are being invoked. A copy of the notice shall also be given
to all other representatives of TEEX and the contractor otherwise entitled to notice under the parties'
contract. Compliance by the contractor with subchapter B is a condition precedent to the filing of a
contested case proceeding under Chapter 2260, subchapter C, of the Government Code.
B. The contested case process provided In Chapter 2260, subchapter C, of the Government Code Is the
contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of
contract by TEEX if the parties are unable to resolve their disputes under subparagraph (A) of this .
paragraph.
C. Compliance with the contested case process provided in subchapter C Is a condition precedent to
seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies
Code. Neither the execution of this contract by TEEX nor any other conduct of any representative of
TEEX relating to the contract shall be considered a waiver of sovereign immunity to sull.
D. The submission, processing and resolution of the contractor's claim Is governed by the published
rules adopted by the Office of Attorney General of Texas pursuant to Chapter 2260, as currently
effective, hereafter enacted or subsequently amended. These rules are found at 1 TAC. Chapter 68.
E. Neither the occurrence of an event nor the pendency of a dalm constitutes grounds for the
suspension of performance by the contractor, in whole or in part.
F. The designated individual responsible on behalf of TEEX for examining any claim or counterclaim and
conducting any negotiations related thereto as required under §2260.052 of H.B. 826 of the 76th
Texas Legislature shall be Arturo Alonzo, TEEX Deputy Director.
GOVERNING LAW: The terns and conditions of this MOU and performance hereunder shall
be construed In accordance with the laws of the State of Texas.
THE UNDERSIGNED PARTIES BIND THEMSELVES TO THE FAITHFUL PERFORMANCE
OF THIS MOU.
TEXAS ENGINEERING EXTENSION SERVICE
Signed:
-Arwro Amp, Jr
Customer DV* Director
Signed:
Date: DEC 2 d 2001
Date: 12 -S-01
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Brazos County Equipment Needs and Final Selection for Purchasing Form
Amount to spend $40,000 Total Grant-includes a 4 118% Allowanoe for Shipping and other charges: $41,650
Brazos County
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1 - bi tM1 5 ` uJFI~~+ f7 kn'Y, l I~vt .i.- -
2 unit Price $20.00
3 Manufacturer and model
4 Suggested Vendor (optional)
Fire Service HazMat EMS Law Public Works Medical Public Health Emergency Total
5 Number Needed from Assessment L ~_1 L 32 L ~J ~0~ ~n } 32
6 Cost to buy all Needed 50 SO $640 $0 ® SO S0- EO 5640
7 Number to be Ordered
8 Cost for Number Ordered
2 unit Price $2,470.00 k
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3 Manufacturer and model
4 Suggested Vendor (optional) C 10
Fire Service HazMat EMS Law Public Works Medical Public Health Emergency Total
5 Number Needed from Assessment
6 Cost to buy all Needed SO $19,760 SO SD 50 50 $0 L®-J E19,T60_J
7 Number to be Ordered I I
8 Cost for Number Ordered E:===E=E= L__=E=[ = ~=.-J E=
Brazos County Page 1
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Brazos County Equipment Needs and Final Selection for Purchasing Form
Amount to spend $40,000 Total Grant-Includes a 41/8% Allowance for Shipping and other charges: $41,650
a~ '~Y~ i•`'^.~~-1C~~~~Cai~h+rFF h5• ~~~14b~~~YV+=:~~~~1'~'C~SR~}~~
2 Unit Price $1,275.00 C:
3 Manufacturer and model
4 Suggested Vendor (optional)
Fire Service HazMat EMS Law Public Works Medical Public Health Emergency Total
5 Number Needed from Assessment L~_~ 20 L - L 20
6 Cost to buy all Needed ® $25,500 50 SO $0 50 $0 $0 $25,500
7 Number to be Ordered
6 Cost for Number Ordered E= E= C= E= L_= F-= L-= E=
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Brazos County Page 2
Brazos County Equipment Needs and Final Selection for Purchasing Form
Amount to spend $40,000 Total Grant-Includes a 4 1/8% Allowance for Shipping and other charges: $41,650
1 ~~`c~~;~t~~''S~a~~e'=_~fw"~+~~`~..'~~..~i-~.',".ail,~~'•: y N' y@~~ tt+£ ~)iL
2 Unit Price $2,600.00
Manufacturer and model
4 Suggested Vendor (optional)
Fire Service HazMat EMS Law Public Works Medical Public Health Emergency Total
5 Number Needed from Assessment E=D=
r 4 0 ~0 ( ~0~
6 Cost to buy all Needed $D $10,000 SO $0 $0 $0 t ` S0 $0 $10,^000 J t'i )
7 Number to be Ordered
8 Cost for Number Ordered E=
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2 Unit Price $2,000.00
3 Manufacturer and model
4 Suggested Vendor (optional)
Fire Service HazMat EMS Law Public Works Medical Public Health Emergency Total
5 Number Needed from Assessment
6 Cost to buy all Needed $0 $8,000 ® $0 $0 - $0-J L- $-0 -J L E0~1 L $~8,0-0-01 J
7 Number to be Ordered
8 Cost for Number Ordered E:= L.= E=
MET - Brazos County Page 3
Brazos County Equipment Needs and Final Selection for Purchasing Form
Amount to spend $40,000 Total Grant-Includes a 41/8% Allowanoe for Shipping and other charges: $41,650
2 Unit Price $5,000.00
3 Manufacturer and model
4 Suggested Vendor (optional)
Fire Service HazMat EMS Law Public Works Medical Public Health Emergency ' Total
5 Number Needed from Assessment I~ F-8
6 Cost to buy all Needed $0 $40,000 t0 30 50 $0 SO ® $40,000
7 Number to be Ordered
8 Cost for Number Ordered E== L.~ E= E:=
r Brazos County Page 4
Brazos County Equipment Needs and Final Selection for Purchasing Form
Amount to spend $40,000 Total Grant4ndudes a 410A Allowance for Shipping and other charges: $41,650
2 Unit Price $2.00
Manufacturer and model
4 Suggested Vendor (optional)
Fire Service HazMat EMS Law Public Works Medical Public Health Emergency Total
5 Number Needed from Assessment 0 7 200 200
6 Cost to buy all Needed 30 $0 5400 ® 30 -5=0 r1 ~$0 ~a0 $400
7 Number to be Ordered ~ ~ r ~'~'~""~'I I"'----7 ~ \
8 Cost for Number Ordered
2 Unit Price $200.00
Manufacturer and model
4 Suggested Vendor (optional)
Fire Service HazMat EMS Law Public Works Medical Public Health Emergency Total
5 Number Needed from Assessment
6 Cost to buy all Needed $0 50 35,600 $0 t__-$0 _~J L_ SOf l _ _$"0 L___SO $5,600
7 Number to be Ordered I I I I I T-'-`"1 f-"-- I r"'---~ r---~- ---r r----~ r-
8 Cost for Number Ordered
Brazos County Page 5
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Equipment Needs and Final Selection for Purchasing Form
Brazos County
Amount to spend $40.000
2 Unit Price $85.00
3 Manufacturer and model
4 Suggested Vendor (optional)
Number Needed from Assessment
Cost to buy all Needed
Number to be ordered
(`nnt Mr Number Ordered
5 Number Needed from Assessment
6 Cost to buy all Needed
7 Number to be ordered
r-t inr Number Ordered
Total Grant-Includes a 4118% Allowance for Shipping and other charges. $41,650
Lew Public Worke Medical Public Health Emergency Total
Fife Service HezMat EMS 28
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28
$0 E $2,380 E =0 ~ 0 50 $0 52,380
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2 Unit Price $28.00
3 Manufacturer and model
4 Suggested Vendor (optional)
5
6
7
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Fire Service
0
HazMat EMS
0 48
Law
Public Works
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Medical Public Health Emergency Total
$o
$o s1,344
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$o
F-771
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Brazos County Page 6
Brazos County
Equipment Needs and Final Selection for Purchasing Form
Amount to spend $40,00{00 Total Orerryn~t■■■MMW~~.Iww,~n_yyydudes a 4118% Allowance for Shipping and other charges: $41,650 b
2 Unit Price $20.00
Manufacturer and model
4 Suggested Vendor (optional)
Fire Service HazMat EMS Law Public Works Medical Public Health Emergency Total
5 Number Needed from Assessment
6 Cost to buy all Needed $0 $0 $g80 $0 $0 SO $0 SO $960
7 Number to be Ordered J 0
e Cost for Number Ordered
°SU ,G.,.
2 Unit Price $1,000.00
Manufacturer and model
4 Suggested Vendor (optional)
Total j
Fire Service HazMat EMS -I Law Public Works Medical Public Health Emergency
5 Number Needed from Assessment
6 Cost to buy all Needed $0 $4,000 ® $0 $0 $0 $0 $0 $4,000
7 Number to be Ordered L~•J L~.J L ~J
8 Cost for Number Ordered E=
Brazos County Page 7
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Equipment Needs and Final Selection for Purchasing Form
Brazos County
2 Unit Price $5,500.00
Manufacturer and model
4 Suggested Vendor (optional)
Total Grant4ncludes a 4118% Alimence for Shipping and other charges: $41,650
Law Public Works Medical Public Health Emergency Total
Fire Service HazMet EMS
0 4 E=
$0 $22,000 $0 $49,500 50 50 50 S1 EO 1
E=E= E=
,as
5 Number Needed from Assessment
6 Cost to buy all Needed
7 Number to be Ordered
a., Number Ordered
2 Unit Price $1,800.00
Manufacturer and model
ao
Suggested Vendor (optional)
Law Public Works Medical Public Health Emergency Total
Fire Service HazMat EMS ~n(
5 Number Needed from Assessment 0 0 20 L~J 80 0,800
Cost to buy all Needed $108,000 $0 $0 $38,000 $0 50 Eo $1~ $15~
7 Number to be Ordered = =C= I = ~ ~ =
6 Cost for Number Ordered E=
Brazos County Page 8
Equipment Needs and Final Selection for Purchasing Form
Brazos County Amount to spend $40.000 Total Grant-Includes a 4 1/8% Allowance for Shipping and other charges: $41,650
2 Unit Price $800.00
Manufacturer and model
4 Suggested Vendor (optional)
Fire Service HazMat EMS Law Public Works Medical Public Health Emergency Total
5 Number Needed from Assessment C~ 32 L~ 15 59
8 Cost to buy all Needed 50 $25,60D $0 $12,000 $3,200 50 $81~-J
7 Number to be Ordered F_ Er= E=
8 Cost for Number Ordered E= E E
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;a-~FrTr.3!..Y.~4TW `-~rAF N_soY-`o~ia~~
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2 Unit Price $3,050.00
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3 Manufacturer and model
4 Suggested Vendor (optional)
Fire Service HazMat EMS Lew Public Works Medical Public Health Emergency Total
3
5 Number Needed from Assessment
8 Cost to buy all Needed $0 $0 50 x536800
7 Number to be Ordered E= $0 $0 ~ $1 $ E= ^
8 Cost for Number Ordered ~ = ~ E= E= E=
Brazos County Page 9
TEEM':
Brazos County
Equipment Needs and Final Selection for Purchasing Form
Amount to spend $40,000
Total Grant-Includes a 4118% Allowance for Shipping and other charges: $41,650
1 j~5~~.11-
'YY~EaYe °CS ~.~3a3°- r~_+~4 ~cen~N s~~"Ie
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2 Unit Price $2,500.00
3 Manufacturer and model
4 Suggested Vendor (optional)
Fire Service
HazMat EMS Law Public Works
Medical Public Health Emergency Total
5 Number Needed from Assessment
40
E~ l~ 20 I--J
~0 l~
6 Cost to buy all Needed
$100,000
$0 $0 $501000 $0
$0 50 515,000 $165,000
7 Number to be Ordered
r~ o C~ o
o o
8 Cost for Number Ordered
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E= 0 0
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Brazos County Page 10
AMENDMENT TO AGREEMENT BETWEEN
ACS/GRS AND BRAZOS COUNTY, TEXAS
DATED JANUARY 27, 1998
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WHEREAS, ACS/GRS (hereinafter "Contractor") and Brazos County, Texas (hereafter
"User") entered into a Contract on January 27, 1998 to supply to the County a computer system
for an integrated cashiering/receipting system; and
WHEREAS, that Contract provided for a certain amount of hardware to be leased in that
Agreement; and
WHEREAS, the parties have determined that the User now needs an additional
workstation to meed its needs; and
WHEREAS, the Contractor has agreed to supply an additional workstation.
NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS THAT for and in
consideration of mutual covenants and agreements herein expressed the parties agree as follows:
1. The Contractor shall supply to the User additional hardware and software to
support the additional workstation.
2. The User shall pay an additional Three Hundred and No/100 Dollars ($300.00) a
month for such additional workstation.
3. Installation of the workstation shall be completed on or before
-t s
is
All other terms and conditions of the original Contract are hereby confirmed, reaffmied
and ratified by the parties to this Agreement.
CONTRACTOR:
ACS/GRS
By:
Title: S
Date:
USER:
BRAZOS COUNTY, TEXAS
By: -
Title Count ~'Tu
Date: December 4, 2001
0
.y
AMENDMENT TO AGREEMENT BOND BETWEEN
GOVERNMENT RECORD SERVICES, INC. AND BRAZOS COUNTY, TEXAS
DATED JANUARY 27,1998
WHEREAS, Government Records Services, Inc. (hereinafter "Contractor") and Brazos
County, Texas (hereinafter "User") entered into a Contract on January 27, 1998 to supply to the
County a computer system for an integrated cashiering/receipting system; and
WHEREAS, that Contract provided for a certain amount of hardware to be leased in that
Agreement; and
WHEREAS, the parties have determined that the User now needs an additional
workstation to meet its needs; and
WHEREAS, the Contractor has agreed to supply an additional workstation.
NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS THAT for and in
consideration of the mutual covenants and agreements herein expressed the parties agree as
follows:
1. The Contractor shall supply to the User additional hardware and software as
described on Exhibit "A" to this Amendment.
2. The User shall pay an additional Four Hundred Ninety and No/100 Dollars
($490.00) a month for such additional workstation.
3. Installation of the workstation shall be completed on or before
All other terms and conditions of the original Contact are hereby confirmed, reaffirmed
and ratified by the parties to this Agreement.
IN WITNESS. WHEREOF, Contractor and User have duly executed this Amendment.
CONTRACTOR:
GOVERNMENT RECORDS
SERVICES, INC.
By: C ,
Title:
Date:
USER:
BRAZOS COUNTY, TEXAS
By:
Judge Al Jones, ounty Judge
Date:
' 6n ~ .z ,y iy y~'
AGREEMENT ~
g N ; f- ftS;°AGREEMENT is by and between GOVERNMENT RECORDS
SERVjC§,1~ C. ("Contractor"), a Texas corporation having a place of business at 2800
W~st`-M;ckingbird Lane, Dallas, Texas 75235, and BRAZOS COUNTY, TEXAS
(Mser)14yjiY a place of business at 300 East 26`h Street, Bryan, Texas 77803
WHEREAS, Contractor has a County Cleric Cashiering/Receipting System (as
hereinafter defined and referred to as the "System") and desires to install and put into
operation the System for User; and
WHEREAS, User desires Contractor to install the System under the terms and
conditions hereinafter set forth.
T i-
4.
• _ -t
NOW, THEREFORE, in consideration of the mutual covenants ont4jne4 in -this
Agreement, the parties agree as follows: Ary
< ' N
ARTICLE II J
DEFINITIONS AND AGREEMENT
1.0 Definitions. For the purposes of this Agreement, the follo ingLrms Sall
have the following meanings: Tn
(a) "System" shall mean a computer system consisting of integrated
computer hardware and software which shall function as a Cashiering/Receipting
System. The System shall have the features and functions set forth in Contractor's
response to User's Request for Proposal, Request No. 97-052 which is
incorporated herein by reference for all purposes (the "Response"), and perform
in accordance with representations made in the Response and in accordance with
the requirements set forth in User's Request for Proposal, Request No. 97-052
which is attached hereto as Exhibit "A" and made a part hereof for all purposes.
(b) "Software" shall mean the proprietary System software as
40 described in Exhibit "B" attached hereto and made a part hereof for all purposes,
and shall include any updates, modifications or enhancements thereto and
associated third party supplied software and any and all user's manuals,
specifications or documentation accompanying the System.
(c) "Hardware" shall mean the computer hardware as set forth and
described in Exhibit "B", andr' shall include computer hardware made for
Contractor and associated third-party supplied hardware.
1.1 Agreement. This Agreement shall have an effective date as of
("Effective Date"). During the tern of this Agreement, Contractor shall install the ystem
in the Brazos County Clerk's Office at 300 East 26'h Street, Bryan, Texas.. During the
1 /3
term of this Agreement, User shall perform in a timely manner User's obligations and
responsibilities to provide work space for Contractor personnel, provide User personnel
to be trained on the System, and provide Contractor with information needed by
Contractor to carry out its contractual obligations. Contractor shall perform in a timely
manner its obligation to install the System, train personnel in its use, repair and maintain
the System and perform all such other duties and obligations set forth herein.
ARTICLE II
LICENSE AND WARRANTY
2.0 License and Confidentiality. User understands and acknowledges that
Software supplied to User is proprietary to Contractor and embodies trade secrets of
Contractor. User shall hold and use all Software in strict confidence. Upon the payment
of the fees set forth herein and subject to the terms of this Agreement, User shall have a
perpetual, non-exclusive, non-transferable license to use the System where the System is
installed; however, Contractor shall retain title to and all ownership rights to the
Software.
2.1 Source Code. Upon completion of the System installation, Contractor
shall provide User the source code for the System as installed subject to the license and
confidentiality provisions of this Agreement. In the event User modifies the Software
source code with the prior written consent of Contractor, the software maintenance and
technical support provided by Contractor in accordance with this Agreement shall be
applicable to such modification.
2.2 Hardware Warranties. Should the hardware supplied pursuant to this
Contract not adequately perform the functions for which it was chosen and as specified in
Exhibits "A" and "B", Contractor shall replace such hardware or make such changes to
such hardware as are necessary to insure adequate performance at no additional cost to
User.
2.3 Software Warranties. Contractor warrants that the Software and
Hardware will together perform the functions described in Exhibits "A" and "B". Should
the Software fail to perform the functions described in Exhibits "A" and "B", Contractor
shall replace the Software or make such changes to the Software as are necessary to
obtain such performance at no cost to User.
ARTICLE III
HARDWARE AND SOFTWARE MAINTENANCE
3.0 Hardware and Software Maintenance and Technical Support. The
rental price for the System, as stated herein, shall include the cost of maintenance and
technical support of the hardware and software.
a~ 2 1y
•
3.1 Maintenance and Technical Support.
(a) Contractor shall maintain the System and provide technical support
one-half (1/2) hour before and one-half (1/2) hour after normal business hours of
the Brazos County Clerk's office. All maintenance costs are included in the
monthly rental charge set forth herein. User agrees to contact Contractor
immediately should equipment problems occur and to provide Contractor full and
free access to the System. User also agrees to perform certain routine preventive
maintenance functions (such as daily vacuum cleaning of paper dust from all
printers) as reasonably instructed by Contractor in order to keep the hardware
clean and prevent accelerated deterioration.
•
(b) User shall designate in writing no more than three (3) employees
who shall notify Contractor of errors, discrepancies, or other non-conformance of
the Hardware or Software during the term of this Agreement.
3.2 Changes in Software. Contractor will make changes to software,
including all updates and enhancements developed as they become commercially
available, as requested by User at no cost or expense to the User.
3.3 Consumable Supplies.
(a) User shall be responsible for the cost of consumable supplies
utilized in the operation of the System including, but not limited to, printer
ribbons, continuous paper forms, computer input documents, magnetic data
storage media, disk filters, fuses, bulbs, vacuum connectors and other like
preventive maintenance parts.
(b) Contractor shall provide assistance and guidance in the design and
ordering of User's initial inventory of supply items, and Contractor shall continue
to provide such assistance and guidance for the term of this Agreement.
ARTICLE IV
PAYMENT
4.0 Payment and Payment Schedule. User shall pay to Contractor the sum of
$500.00 per month for the rental of the Hardware, Software, which rental rate shall
include the cost of maintenance and repair, personnel training and all Software updates.
ARTICLE V
INSTALLATION
5.0 Installation Sched e. Installation of Hardware and Software should be
completed on or before 60 . Failure by Contractor to install
Hardware and Software by said date shall be a breach of this Agreement and User may
terminate such Agreement with five (5) days written notice.
90
5.1 Installation Costs and Support. Contractor shall provide, at no cost or
expense to User, training for all County Clerk personnel as designated by the Brazos
County Clerk in the use and operation of the System.
ARTICLE VI
LIABILITY AND INDEMNITY
6.0 Patent Indemnity. Contractor agrees to hold harmless and indemnify
User, its employees and agents from and defend, at its own expense (including reasonable
attorneys', accountants' and consultants' fees), any suit or proceeding brought against
User and/or Contractor based upon a claim that the ownership or use of the System or any
part thereof constitutes an infringement of any patent or copyright. Where applicable,
User shall notify Contractor in writing of any such suit or proceeding or significant threat
thereof and agrees to give Contractor information and reasonable assistance for the
defense. In the event User is enjoined from using the System or any part thereof,
Contractor with all reasonable speed and due diligence shall provide User the right to
continue using the System or procure for User an equivalent system having the
performance specifications set forth in Schedules A, B, and C as they may from time to
time be modified.
ARTICLE VII
TERM AND TERMINATION
7.0 Term. This Agreement shall be for a term of one (1) year renewable
automatically on its anniversary date unless terminated by the User or Contractor. Such
renewal term shall be upon the same terms and conditions as set forth herein.
7.1 Termination. This Agreement may be terminated by the User or
Contractor for any reason, upon thirty (30) days written notice to the non-tenninating
party.
7.2 Return of Software. User shall within ten (10) days after the expiration of
the term of this Agreement or within ten (10) days after the termination or cancellation of
this Agreement, return to Contractor the originals and all copies of the Software supplied
User under this Agreement and any authorized or unauthorized copies of the Software
made by and on behalf of User.
ARTICLE VIII
MISCELLANEOUS
8.0 Notice. Notices, requests and other communications required pursuant to
this Agreement shall be in writing and sent by first-class mail to the parties at the
following address:
•
f '
To Contractor: 2800 West Mockingbird Lane
Dallas, Texas 75235
Attention:
To User: 300 East 26" Street
Bryan, Texas 77803
Attention: Mary Ann Ward
•
8.1 Privacy. Contractor shall comply with the applicable privacy laws and
regulations affecting User and will not disclose any User proprietary records, materials,
or other data to any third party except as may be required by law. Contractor shall not
have the right to compile and distribute statistical analyses and reports utilizing
proprietary aggregated data derived from information and data obtained from User
without the prior written approval of User. In the event such approval is given, any such
reports published and distributed by Contractor shall be furnished to User without charge.
8.2 Entire Agreement. It is expressly agreed that the provisions set forth
herein constitute all the understandings and agreements between the parties. Any prior
agreements, promises, negotiations, or representations not expressly set forth in this
Agreement are of no force and effect.
8.3 Severability. Any terms or provisions of this Agreement which shall
prove to be invalid, void or illegal shall in no way effect, impair or invalidate any other
term or provision herein and such remaining terms and provisions shall remain in full
force and effect.
8.4 Assignment. This Agreement shall be binding on the parties and their
respective successors and assigns. Neither party shall assign this Agreement without the
prior written consent of the other party.
8.5 Amendment. This Agreement shall not be amended or modified other
than in writing signed by both parties.
8.6 Time. Time is of the essence in this Agreement and a substantial and
material term hereof.
8.7 Waiver. Unless otherwise agreed to in writing, the failure of any party to
require the performance by the other party of any provision hereof shall in no way affect
the full right to require such performance at any time thereafter, nor shall the waiver of
any provision hereof be taken or held to be a waiver of the provision itself.
8.8 Survival of Representations and Warranties. Except as otherwise
provided in this Agreement, representations and warranties contained in this Agreement
shall survive the termination of this Agreement for any reason.
8.9 Laws Governing. The existence, validity and construction of this
Agreement shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, Contractor and User have duly executed this
Agreement.
CONTRACTOR:
GOVERNMENT RECORDS
SERVICES, INC. n
By: ~l'
Title:
Date:
USER:
BRAZOS COUNTY, TEXAS
By:. -2f -
JudgYA1 Jones, Cou u ge
Date: , ?9=g
47-3084:PF-Wds
G
•
EXHIBIT 'W'
REQUEST FOR PROPOSAL
CASHIERINGAzF,CEIPTING SYSTEM FOR COUNTY CLERK
BP_4ZOS COUNTY PURCHASING OFFICE
Brazos County Courthouse, Suite 214 Request No. 97-052
Bryan, Texas 77803 Page I of It pages
Telephone (409) 361-4290
Proposals will be received at the Brazos County Purchasing Office until 1:30 P. M. Wednesday.
September 24. 1997 and publicly opened and acknowledged at 2:00 P. M.. Wednesday.
ySotember 24. 1997 in the Brazos County Commissioners' Courtroom, Suite 115, Brazos County
Courthouse, Bryan, Texas. t
A. SCOPE
Brazos County's intent of this Request for Proposal and resulting contract is to obtain proposals
from vendors for a Cashiering/Receipting System initially intended for the County Clerk office
with capabilities to expand to other Brazos County networked offices.
B. TERMS AND CONDITIONS
The following terms and conditions apply to ail. proposals and become a part of the terms and
conditions of any proposal submitted to Brazos County, unless otherwise specified elsewhere in
this request. All are required to be informed of these Terms and Conditions and will be held
responsible for having done so:
1. Definitions: In order to simplify the language throughout this request, the
following definitions shall apply.
a. BRAZOS COUNTY - Same as County. z•.
b. CONSOSIONERS' COURT - The elected officials of Brazos County,
• Texas given the authority to excise such powers and jurisdiction of all
county busmess as conferred by the State Constitution and Laws.
C. CONTRACT - An agreement between the County and an Offeror to
provide services as specified.
d. CONTRACTOR - The successful Offeror(s) of this request.
e. COUNTY - The government of Brazos County, Texas and its authorized
representatives.
f. SUB-CONTRACTOR - Any contractor hired by -the Contractor or
Supplier to provide services specified in this request.
g. SUPPLIER - Same as Contractor.
2. Proposals must be received by the Purchasing Department prior to the time and
date specified. The mere fact that the proposal was dispatched will not be
considered; LATE- PROPOSALS WILL BE RETURNED UNOPENED
0
Continuation RFP No. 97-052
Request for Proposal EXHIBIT "A" Page t of II
3. Brazos County reserves the right to accept or reject is part or in, whore, any
proposals submitted, and to waive any technicalities for the best interest of the
County.
4. Brazos County shall not be responsible for any verbal communication between any
employee of the County and any potential offeror. Only written proposals will be
considered.
5. Brazos County reserves the right to reject any proposal that does not fully respond
to the request.
6. Offeror(s) must include Employer Identification Number or Social Security
Number for the proposal `be valid.
7. Should there be a change in ownership or usinagemcn ; the contract shall be
canceled unless a mutual agreement is reached within 30 days of notification of
new ownership. The new owner or manager will continue the contract with its
present provisions and prices. The oottttact is nontransferable by either party.
8. Brazos County may cancel the contract at any time for any reason, provided a
thirty day written notice is given.
9. Acceptance of the contract shall be made by Brazos County at their sole discretion
when all terms and conditions of the contract and specifications have been met to
their satisfaction, including the vubmission to Brazos County of any and all
documentation as may be required.
10. This proposal will be made part of any resulting contract the County may enter
into.
G SPECIAL PROVISIONS:
1. Questions and inquiries about this Request for Proposal should be directed to:
Cheryl K Turney, County Purchasing Agent at (409) 361-4290.
2. Fill out the proposal completely and return one original and three copies in an
envelopelpackage clearly marked "Request for Proposal No. 97-052" to the
Brazos County Purchasing Office, Brazos County Courthouse, 300 East 26`h
Street, Suite 214, Bryan, Texas 77803-5327. .
3. There is no expressed or implied obligation for Brazos County to reimburse
responding service providers for any expenses incurred in preparing proposals in
response to this request Brazos County will not reimburse responding offerers for
these expenses.
4 During the evaluation process, Brazos County reserves the right, in the best
interest of the County, to request additional information or clarif cation from
proposers, or to allow corrections of errors or omissions
• Continuation M No. 97-052
Request for Proposal E7CttIBIT 'W' Page 3 of 11
5. At the public opening, there will be no disclosure of contents to competing
offerers, and proposals willbe kept secret during the negotiation process. E=ept
for trade secrets and confidential in#brmatioa which the offeror ideatisies as
proprietary, all proposals will be open for public inspection after the contract has
been awarded and execurted.
6. The contract shall be awarded to the responsible offeror whose proposal is
determined to be the lowest evaluated offer resulting from negotiations,
considering the relative importance of price and other factors set forth in this
request for proposal.
7. All proposals reasonably susceptible to being selected will be given, fair and equal
consideration, and disco ions may be conducted with these proposers. For the
purpose of obtaining best final offers, the proposals may be revised before
awarding the contrail. Oral negotiations must be confirmed in writing prior to
contract award. However, a contract may be awarded without any negotiation of
proposals.
8. Offeror shall submit with this proposal a list of at least three (3) references where like
services for similar projects have been performed by the firm (County or government
experience preferred). Include name of County (or Company), address, telephone
number, and contact person.
9. Lease or Lease Purchase Considerations: Term of the contract shall be for five (5)
years, renewable annually, pending fund appropriation by the Commissioners Court of
Brazos County. If finding is not appropriated for any reason, the contrail shall be
terminated without penalty.
D. EVALUATION FACTORS
After receipt of proposals, Brazos County will use the following criteria in the selection process: -
• 25% System design performance, and features including samples as may be required
25% References
20% Cost of system hardware and software
15% Response to RFP (clarity of proposal and supporting data)
15% Presentation and/or demonstration to Committee and/or Commissioners Court.
E. APPLICATION SPECLFICATIONS
For each of the specifications in this section, reply with one of the following "Response Codes".
An omitted response or deviation from these codes will automatically receive a code of 'N'
(System Not capable of meeting this specification). These specifications represent the desired
system functions. If an offerer is unable to meet a specific requirement, the County will take into
consideration other elements such as custom development costs, total cost of the system
proposed, and alternative approaches that may be presented
Continuation RFP No. 97-052
Request for Proposal EXHIBIT "A" Page 4 of 11
Response
Code pescxiption
C Specification will be met by the offerees standard package. This function is au may
Commercially available and is installed and operating at other sites. All costs are
reflected in the Cost Schedule.
B Specification can be met by package function that is currently under development and is
in Beta test and is scheduled for commercial release. No additional cost would be
required to comply with this specification.
D Specification can be met as presented by additional Development of Software. The cost
of developing this software to support this specification is included in the Cost Section
shown under "Custom Cost"
M Specification can be met as presented by Modification to Brazos County equipment
and/or software. All costs would be the responsibility of the County.
A Specification can be met by an Alternative approach. The County understands that
these specifications may be mkt by an Alternative approach. Alternative approaches
presented must provide in `form and function" outcomes that will meet the specification.
For all specifications listed with this code, provide a detailed description of the alternative
approach offerer would like the County to consider. All costs must be reflected in the
Cost Section.
N The system proposed is not capable of meeting this specification-
Specifications and Functions
a. Rua on an BP9000 (HP UX 9.04) mainframe
Describe:
b. Run on a local area network (Novel 4. 1)
Describe:
Response Code
Iq
• Continuation RFP No. 97-0S2
Request for Proposal EXHIBIT "A" Page 5 of 11
c, Automatically generate and assiga the following information:
date C/
time
sequential file numbers C,
capable of making changes manually C -
Describe.
d Automatically generate volume and page numbers to cutoff at 350 pages
per book
capable of mialring changes manually
• Describe:
e. System password protected
Desc&e: SL <t t., S q~ c~0 hT tw.~t~'l1eLG
Lro%tV-(LS <k l
4 P .eL.n-ct.sC. S~S"C~e~
QA A~ Pt.s.c nT~a.J
•
£ System contains on-line pop-up help wiadows
Describe:
g. System allows user-defined fee codes and categories
Describe: AF E~ a•PLCS farN O SA-13" 6MN-f
N" GCK-0-tsw-s~ N"Dt-^04 9A
{~eOlF~s V Qi`t t, ~C y SEAL. ~4aSC.Otr.CIL~
L-
C
0
Continuation RFP No. 97-0S2
Request for Proposal EMBIT 11P Page 6 of 11
b. System allows user-defined receipt layout „C-_
Describe: 5t5sK~b CPr4Ma'KS A P&CLt6S of
F tt,.~.S •'L~~ /~Lis~~.a~Nlr GJSZ at~• Z~STte~J
Oq Q.Lf- cr^d(t M~JTS
i. System is capable of the following:
aborting
suspending C
changing an entire receipt or a specific int=ent on a receipt
Describe:
Supports consolidated single receipt for multiple filings/fees
Describe:
k. System accepts the following.
multiple checks C
cash
charge account (draw down or monthly invoiced)
credit & debit cards .
any combination of these prints on a single receipt
Describe-
L System calculates change due ' C--
Describe:
C1
~J
Continuation
Request for Proposal
EXHIBIT "A"
m. System provides as interface to post umzactioas and fees to appropriate
funds via batch files in the county Crenend Ledger System (Pentamatioa -
an Informac SE based accounting software-package).
interface file is is ascu format
fixed length fields
account number - 8 characters
debit amount - 12 characters, using 999999999.99 format
credit amount - 12 characters, using 999999999.99 format
date entered - 10 characters, using MM/DD/CCYY format
example: 1111111122227"? 2.22333333333.3399/99/9999
file contains one DEBIT record with the sum of all debits to a
single, user-defined account
file contains one CREDIT per user-defined account being credited,
creating a type of summary for the Journal entries
allows for multiple downloads per day without destroying previous
entries
Describe: CAPAP~«.'CC'4 i o -=cfl~tt~AGC U tits
1rlP o o a Cti~ S-C ~t AOo~ To -'rises
S~ y~
C7
n. Reports available:
per cashdrawer
per operator
entire system.
fees collected by document type and member
daily receipts
instrument number
fee d'isftibution
daybook
accounts receivable
balancing reports
statement of account for charge customers
daily deposit reports
Describe:
RSP No. 97-052
Pap 7 of 11
s
C-
L
V
E
Q
Continuation RFP No. 974052
Request for Proposal EXHIBIT "A" page a of 11
o. Provide cash drawer balance and activity reports _ C T.
Describe:
p. Provides capability of multiple cash drawers at various locations
Describe:
q. Security for cash drawer access.
Describe: S Asj(L(-y~t _ k5 a R~vt~~fl `f \
W~II,K-STAT~6~J CCA$~,i ~~.ptt~-~ 1 AVO
%j
C.AS\-k ~cL.At,s~A..S 'p~6~t. Wocucg~-t~oN ~~6 S~P~b2~
r. Integrate the fees due with cash managemat toftwvare to: C
control the cash drawer opening
account for cash received C
account for checks received C
allow combined caslVcheck transactions
verify cash in drawer
Descn'be:
s. Provide error messages when a manual override of pre-defined system
tablestcalcia ations is requested C
Describe: Mt!:A,.Svpv-, OVA ~ 1-5 A
S u P EGG/ LSo~ ~-~►~•ScT~~or~1 - ~1 ~5(Ll~ ~ a l'~
•
Continuation RFP No. 97-052
Request for Proposal EXHIBIT "A" Paige 9 of I I
t Support creation of a "document return" address entry
Describe:
u. Integrate the "document return" address entry with automatic creation
of maifrng labels
Describe:
v. Support single key stroke (hot-keys) for duplications of field values on
multiple recordings
Describe:
w. System performs on-line merging, eliminating the need to mail multiple
files that could be merged or printed
Descabe:
•
x. Additional recordinglindeadng reports printed landscape on 17"x I I"
daily index by instrument number
daily, monthly, yearly index by grantor/grantee
List of instrument types -Z
missing instrument IiA
Describe:
Qall7(tNG t,% eQ-DV t S
> v...I a• Sr X
t 1 cR $ S'
x f4
-
C LL'C
T<(tr ~+~0 LTA ISL> X-7 x
I
X% Ls t46T
F. IIARDWARE SPECIFICATIONS
Continuation RFP No. 97-052
Request for Proposal EXHIBIT "A" • Page to of 11
Proposals must specify hardware con&gurtition that is capable of expanding to multiple
workstations at various location to include as a minimann the following.
a) mainframe or clreWsaver application
b) one workstation with 17° monitor
c) one cash drawer
d) one receipt printer
e) one file stamp/validation printer
G.
H.
FORMAT REOUMEMENT:
1. Completion of coded responses in Section F. Application Specifications must be
submitted as part of this propo(al.
2. Proposal shall distinguish system design, performance, features and proposed training
and maintenance for System hardware.
3. Proposal shall distinguish system design, performance, features and proposed training
and maintenance for System software ('including programming language andlor
database used).
4. Each proposal submitted shall include a minimum of three references for similar work,
preferably from County or District Clerks in the State of Te xw, to include addresses,
phone numbers, and contact names.
5. Proposal shall distinguish cost of system including training, warranty, and maintenance
for the following:
a. Hardware
1. Purchase
2. LeaseTurchase
3. Lease
b. Software (mciude option(s) for multiple workstations)
1. Purchase
2. Leaselftchase
3. Lease
6. Proposal may include alternative approaches or custom development and associated
costs when identified as a deviation from specifications
7. Provide samples of reports, file stamp, and receipts.
8. Provide sample contract documents.
CERTIFICATION
~ aS ! Sg
•
17--~
Continuation
Request for Prgposal
MMIBIT "A"
RFP No. 97-052
Page 11 of 11
The undersigned affirms that they are duly authorized to rg=sent this firm, and that this piopowl
has not been prepared in collusion with anX other offeror, and the contents of this proposal have
not been communicated with any other o1~7 o the official opening of this proposal.
Signed By. UY N &J Tillie: Y %0 S A I. S
Typed Name: LS? N N 1 AO60-'S
Company Name: ( E S /l~i3T kCAM `A4VkS Phone No. goo X82-SCSL
Mailing Address: _P-S66 U,~ -t" MC~Y-ttJGp t(LO Lbj :P&LS-OS 'U4,245
P. O. Box or Street City State Zip
St 1 l
Employer Identification Number: ri
Social Security Number.
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
END OF REQUEST FOR PROPOSAL NO. 97-052
EXHIBIT "B"
Gower meU &cordg Services. _Ti
MUN Y U 'V' ERE
CAMB 80660 STSTRU
C~~i~1G~Q®MRA4~01n~
a, Data Base Server Quantity 1
* Hardware
* Compaq ProSignia 200. 5/166 Model 2500
* ISA & PC[ Architecture
* Intel Pentium - 166 MHz
* 64 MB RAM ,r-
* 1.44 MB 3.5" Floppy Disk Drive
* 2.5 GB Enhanced IDE Hard Disk Drive
* 8X IDE CD-ROM
* Netelligent 10T Ethernet PCI UTP Controller
* Compaq V50 15" SVGA Color Monitor
* Mini-Tower Case
* Compaq 4mm 4/16 GB TurboDAT Digital
Cartridge Tape - Internal
* Surge Suppressor
* APC
* Software
* Novell
* Sybase MS - NLM
* Cheyenn e
Brazos County Clerk Cashiering System Conflgurstlon Page 7
~ s'
•
b.
HMOs OOUNTYS TEXAS
COUNTY CLERK
OASNQIRRQHQ 3YMN
OONIFOCURATOOK
•
EXHIBIT it it
Goss ss m_v_ t Roan 8 S`~T l irQB. Tl
Cashiering Workstation - Quantity 2
* Hardware
* Compaq Deskpro 2000 Model 5166/2400
* ISA & PCI Architecture
* Intel Pentium - 166 MHz
* 32 MB EDO RAM
* 1.44 MB 3.5" Floppy Disk Drive
* 2.4 GB SMART EIDE Disk Drive
* 360M Fast Etherlink XL Parallel Tasking
PCI 10/100BASE-TX Ethernet Adapter
* Compaq 17" V70 1024 x 768 Color Monitor
* Mouse
* Ithaca Data Systems Model 93 Printer
* Receipts, Validation, and Stamping
* Indiana Cash Drawer Model SLD2120
* APC Backup UPS 250 Office
•
* Software
* MS-Windows
Brazos County Clerk Cashiering System Configuration page 2
o.a
9
• EXHIBIT °Bu
. _CYovernxnpnt 1~ cords Sero~ces. In~_
RA73Os coon 1 ve Tt'EX&O '
COUNTV CLERK
O&ONORROO M sTaTEN
CEO nMMURATOOM
c. Laser Printers and Miscellaneous
* Hardware
* Hewlett Packard LaserJet 5N
* 12 Pages Per Minute
* Hewlett Packard JetDirect 106ase-T
Network Interface Card
* Legal *and Letter Tray
* Hewlett Packard AdvanceStack 1013ase T 8 Port
RJ-45 Ethernet- Hub
* American Power Conversion Smart UPS 1000
* Hayes Accura 336 Modem/Fax (33.6 kbps)
* Cables, Connectors, etc.
* Software
* Hayes SmartComm
* Symantec pcAnywhere
Brazos County Clerk Cashiering System Configuration Page 3
• }
*S TAR ARMORED INC TEXAS LICENSE 606
ARMORED CAR SERVICE AGREEMENT
This Agreement made and entered into by and between STAR ARMORED, INC., hereinafter referred to as
"Company", and BRAZOS COUNTY, hereinafter referred to as "Customer'.
Customer Mailing Address: 300 East 26"' Street, Suite 117, Bryan, TX 77803.
Customer Contact Marcia Mann - (979) 361-4290, Fax (979)361-4293.
WITNESSETH:
In consideration of the mutual covenants and agreements contained herein, the parties intending to legally
bind themselves, their successors and assigns, hereby agree as follows:
(1) PERFORMANCE.
(a) Scope of Operation. The Company agrees to transport for and on behalf of the Customer,
currency, coin, negotiable instruments and other documents from Brazos County and deliver to the First
American Bank -1660 Briarcrest Drive. Bryan, TX 77803, in accordance with the following schedule:
Monday through Friday - one time each day, for a total of five (5) times each week
Pickup for locations 1, 2, S 3 will be made in time to reach the bank by noon each day.
Pickup for location 4 will be made between 4:30 p.m. and 5:00 p.m. each day.
1) Treasurers Office: 300 E 26ei St. Suite 313, Bryan
2) Adult Probation Office: 2021E 27h St., Suite 202, Bryan
3) Juvenile Justice Center. 1904 W. Highway 21, Bryan
4) Justice of the Peace, Pct 6: 100 Anderson, College Station
(1) TERMS OF PAYMENT. In consideration of the above specked deliveries and services to
be rendered by the Company, the Customer agrees to pay the Company the sum of $800.00 per month plus the
applicable state and local sales tax rates payable within ten (10) days after billing for such services. Past due
accounts shall be subject to an interest charge at the rate of 18% per year. The regular billing above stated does
not include the following holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day,
Christmas Day, and M. L. IGng Day, which are subject to an extra charge of $35.00 per trip.
Special trips are defined as follows:
1. Any trip other than the Company's regular schedule or holiday pick-ups.
11. Any service rendered because of earlier than usual Customer closing time.
Ill. The need to return to Customers bank to pick up change orders not called in on time.
IV. When asked to return later because of a Customer's unfinished deposit
V. Any service after 6:00 P.M. New Year's Eve and Christmas Eve, regardless
of whether or not Customer is scheduled for that night of the week
The charge for "special trip" service will be $35.00 per trip.
• Each time the Companys messenger is delayed by the Customer for a period of more than five (05)
minutes to a maximum premise time of ten (10) minutes, while attempting to pick up a deposit or deliver a change
order, an extra charge of $10.00 will be added.
(2) EFFECTIVE DATE. Subject to the terms and conditions of this Agreement, Company service shall
commence on October 1. 2001 and shall continue for a period of twelve (12) months with an option for renewal by
Customer for one additional year.
(3) CONDITIONS QF ACCEPTANCE. The Company's acceptance of any shipments shall be
conditioned upon the shipments being sealed and packed in containers made of materials of strength, durability
and quality sufficient to withstand handling, stacking, strapping and rubbing incident to transportation by the vehicle,
loading, unloading and transfer, and must be identified in detail sufficient to enable the Company to determine that
the commodity being transported is authorized to be shipped by the Company. The Company shall not be
Page -1
0
obligated to receive any bag or package not properly locked or sealed to its satisfaction and, in the event that any
bag or package is delivered to the Company not properly locked or sealed to its satisfaction, the Company shall
under no circumstances be liable or responsible for any shortage claimed with respect to the contents of such bag
or package, Company assumes full responsibility for the condition of the bag or package. The shipments shall be
clearly labeled with the oonsignoes and consignee's name and address and the stated value of each parcel or
container.
(4) RESPONSIBILITY OF COMPANY. The Company shall be responsible for the safekeeping of the
commodities transported and/or warehoused for the Customer. Such responsibility shall commence when the
commodities have been received, accepted and receipted for by the Company and shall terminate when the
commodities have been delivered to and receipted for by the consignee thereof designated by the Customer.
(5) COMPANY LIABILITY. Liability of the Company in the event of shortage or loss for whatever
cause, including its own negligence, the declared value signed and receipted for-at the time of shipment on any one
shipment Company or Customer may cancel or terminate this Agreement upon one (1) day's prior written notice in
the event the insurance required to be carried by Company under paragraph 7 shall be either canceled or
substantially altered or Company's insurance underwriter shall notify Company of its intentions to cancel or
substantially alter Company's cargo insurance.
Company shall not be liable for loss or delay caused by ads of God, riot, war, or insurrection, or cause or
event beyond the control of the Company. Notwithstanding anything herein contained, the liability of Company
hereunder shall not extend to, and Company shall not be liable for, loss or damage hereunder arising directly or
indirectly from risks as described in the following terms: (a) Hostile or war tike action in time of peace or war,
including, without limitation, action in hindering combating or defending against an actual, impending or expected
attack, (1) by any government or sovereign power or by any authority or power maintaining or using military, naval
or air forces, or (2) by military, naval or air forces, or (3) by an agent or agents of any such government, power,
authority or forces; (b) Any weapon of war employing atomic fission or radioactive force whether in time of peace or
war, (c) Insurrection, rebellion, revolution, civil war, usurped power, seizure or destruction under quarantine or
customs regulations, or confiscation by order of any government or public authority, or risks of contraband or illegal
transportation or trade; (d) Nuclear reaction or nuclear radiation or radioactive contamination; (e) Shortages
claimed in the contents of sealed or locked shipments not caused by Company or its employees; (f) Loss incurred
in safe(s) on the Customers premises, (g) Breakage of statuary, marble, glassware, bric-a-brac, porcelains or
similar fragile articles or erasure of magnetic date from computer media; (h) Any ad or default of Customer that is
the direct and proximate cause of a loss or damage.
The Company shall not be liable for non-perfonnanoe or delay caused by road, street or weather
conditions. The Company is not a guarantor of any pickup or delivery times and such times are approximations or
estimates.
(6) INDEMNIFICATION BY COMPANY. Not withstanding any provision herein to the contrary, the
Company does hereby agree to indemnify and hold harmless Customer from all losses, claims of losses, damages,
and expenses (including without limitation attorney's fees) asserted against Customer by third parties directly and
proximately arising out of or occurring by reason of the negligence or misconduct of the Company, its officers,
agents, employees or authorized representatives.
(7) INSURANCE. The Company shall at all times maintain cargo and liability insurance in an amount
sufficient to insure the value of all commodities reoeipted for by the Company for Customer and any other shippers
sharing such transportation and all commodities reoeipted for and warehoused by the Company at its facilities. The
Company shall furnish Customer with a certificate of insurance.
CLAIMS. As a condition precedent to recovery, Customer must notify the Company in writing of any
claim or loss within 30 days after a loss is discovered or should have been discovered in the exercise of due care,
and, unless notice shall have been given, any such claim shall be deemed to have been waived No action, suit or
other proceeding to recover for any such loss shall be maintained against the Company unless written notice shall
have been given to the Company as aforesaid, and unless such action, suit or proceeding shall have been
commenced within twelve months of the discovery of such loss by Customer with respect to which suit, action or
proceeding shall be brought. Within thirty (30) days after giving of written notice of any claim or loss, Customer
shall furnish the Company detailed written proof of loss including date of shipment, name and address of consignee
Page - 2
• G
and consignor, and notice and description of the shipment and the loss alleged. Customer agrees to cooperate
with and assist the Company or its insurer in the investigation and recovery of such loss. Upon payment of a loss
hereunder, the Company or its insurance company shall be subrogated to all the Customers rights and remedies of
recovery therefore.
(9) This Company Is regulated by the Texas Commission on Private Security, P.O. Box 13509,
Austin, Texas 78711. (512) 475-3944
(10) SHIPMENT AND RETURN. When delivery of a shipment cannot be made for any reason, the
Company shall notify Customer and return the shipment to the Customer or to the Company's vault for storage.
Shipments that are refused by the consignee for any reason will be returned to the Customer or to the Companys
vault for storage and notification of such return shall be given to Customer.
(11) RECONSTRUCTION OF CHECKS. Customer agrees to cooperate to the fullest extent to which it is
capable in reconstructing checks constituting a part of a loss and as to said checks, the Company's liability shall be
the payment to the Customer of (a) Reasonable costs necessary to reconstruct the checks plus any necessary
costs because of stop-payment procedures; (b) The face value of checks that cannot be reconstructed, provided
proof of the value thereof is presented to the Company.
It is understood and agreed by the parties to this Agreement that the words "reconstruct", "reconstructed"
and "reconstruction" shall mean to identify the checks only to the extent of determining the face amount of said
checks and the identity of the maker or the endorser of each. Customer agrees, in case of toss, to promptly and
diligently cooperate with the Company in the identification and replacement of lost, destroyed or stolen checks that
had been contained in any such shipment. Complete cooperation shall include but be limited to requests by
Customer to makers of stolen checks to issue duplicates and, in the event the makers refuse to do so, then assert
all its legal and equitable rights against said makers or to subrogate such rights to Company and its assigns.
(12) CHANGES IN WRITING. This Agreement may not be changed or modified in any way by oral
-statements or actions of any representative, messenger or agent of the Company or Customer. Any change or
modification of the Agreement must be reduced to writing and signed by an officer of the Company and Customer.
(13) ADDRESS OF STAR ARMORED, INC., P.O. BOX 4042, BRYAN, TEXAS 77805. (879)
846-1313.
(14) It is understood and agreed that the continuation of this agreement for the services performed by Star
Armored is contingent upon the satisfactory performance of such services. Customer shall have the right to review
and evaluate the performance of Star Armored in the furnishing of services required by this contract and shall notify
Star Armored, In writing, of any deficiencies in the performance of such services. In the event Star Armored shall
fail to corned such deficiencies to the satisfaction of Customer within thirty (30) days of receipt by Star Armored of
such notice, Customer shall have the right, without further notice, to terminatet tsagreement.
IN WITNESS WHEREOF, the parti s have used this Agreement to be executed by their duly authorized
officers or agents this if day of N .2001.
• CUSTOMER:
BRAZOS COUNTY
COMPANY:
STAR ARMORED, INC.
By. Alvin W. Jones
Title: County Judge
Page - 3
e niter Ta or
Vice President
190L--a~,Aftm "106"
0
ARMORED SERVICE AGREEMENT
BRAZOS COUNTY
ADDENDUM
November 20, 2001
ADD SERVICE LOCATION
TAX OFFICE - 300 EAST WILLIAM JOEL BRYAN PARKWAY, BRYAN, TX 77803.
START DATE: NOVEMBER 5, 2001
PRICE FOR SERVICE: $100.00 PER MONTH FOR FIVE (5) DAYS PER WEEK
DEPOSTTS'WILL BE DELIVERED TO FIRST AMERICAN BANK-1660 BRYARCREST
DRIVE, BRYAN, TX 77803.
ALL OTHER PROVISIONS OF THE CURRENT CONTRACT WILL PREVAIL.
CUSTOMER: COMPANY:
BRAZOS COUNTY STAR ARMORED, INC.
BY: JENNIFER TAYLOR
, - ~9~
TITLE• County Judge r VICE PRESIDENT
TEXAN 2000 SALES
AGREEMENT
BETWEEN
THE STATE OF TEXAS, GENERAL SERVICES COMMISSION
AND
SOUTHWESTERN BELL TELEPHONE CO.
GSC Contract No. TEXAN 2000 - SING W
This TEXAN 2000 Sales Agreement (the "Agreement!) is made and entered into
by and between the The State of Texas, General Services Commission, a state
agency whose address is 1711 San Jacinto, Austin. Texas 78701 (the "GSC)
and Southwestern Bell Telephone Co. ("Contractor*), a Missouri corporation, with
offices at 178 E. Huntland, Austin, TX 78215.
The GSC is authorized to enter this Agreement pursuant to the Chapter 2170 of
Title 10, Subtitle D of the Texas Government Code. In consideration of the
mutual covenants and agreements, herein contained, the parties hereto agree to
the following:
ARTICLE I.
CONTRACT DOCUMENTS
• This Agreement and the documents, listed below, together constitute the
Contract and shall be referred to as the Contract Documents. The referenced
documents are as follows:
1) Request for Offer Number 99-TELE-2000 including all addenda (the
"RFO"), Exhibit A hereto;
2) Contractor's Response to the RFO, Exhibit B hereto;
EL•hi1Vteidtexaa2000swbW.doc final l
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3) The Best and Final Offer (BAFO) for 99-TELE-2000, Exhibit C hereto;
4) Contractor Response to BAFO, Exhibit D hereto;
5) Contractor's post-BAFO submissions, Exhibit E hereto;
6) Clarification Document and its attachments, Exhibit F hereto; and
7) HUB Participation Information, Exhibit G hereto.
This Agreement shall be construed wherever possible to avoid conflict between
and among the Articles hereof and the Exhibits hereto. Where a conflict cannot
be avoided, the following descending order of precedence shall be observed in
determining which of the Contract Documents contains the controlling provision::
1) This Agreement;
2) Exhibit G;
3) Exhibit F (as to particular goods or services);
4) Exhibit E;
5) Exhibit D;
plc ~15H
6) Exhibit C;,\
7) Exhibit B; and
8) Exhibit A.
JExhiblts A - E and G are on file in the Central Procurement Divison of GSC.
Exhibit F is an attachment to this Agreement
ARTICLE 11.
DEFINITIONS
A. "Qualified Ordering Entities" or "QOE" means the GSC, other Texas State
agencies and qualified political subdivisions of the State of Texas, as
specified in the Exhibit F (Clarification Document). The parties to this
Agreement reserve the right to amend this definition to facilitate use by other
states and their agencies, consistent with Texas SB 1127, Acts of the 76th
Legislature, effective June 18, 1999.
H:hill/ulcftxan2000swbW.doc final 2
0'.-
B. "Purchase Order' means the document Issued by a QOE which specifies the
quantity of goods and/or services to be provided by Contractor and as agreed
to by Contractor under this Agreement (collectively, 'Goods and Services'),
as more particularly described in Exhibit F (Clarification Document). The
terms and conditions of a Purchase Order govem the sales transaction
between that QOE and the Contractor only as to the type, number, price and
delivery and installation terms for the Goods and Services. To the extent the
Purchase Order has other, preprinted provisions which are inconsistent with
the Contract Documents, the Contract Documents prevail.
C. "Clarification Document` means a document created by Contractor and
approved by GSC, which is consistent with Contractor's Response to the 99-
TELE 2000 RFO, the BAFO and post-BAF0 submissons, and which sets out
dearly and concisely the scope of Goods and Services to be provided under
this Agreement. The Clarification Document Is Exhibit F to this Agreement.
0. 'Affillate" means an entity which controls, is under the control of, or under
common control with Contractor, through ownership or by contract.
E. "User" means the indMual officers, employees, contractors and agents of a
is QOE who are authorized by the QOE to use the Goods and Services
available under this Agreement.
ARTICLE Ill.
GLOBAL SALES AGREEMENT
A. During the term of this Agreement, Contractor agrees to accept Purchase
Orders from QOEs for any of the Goods and Services specified in Exhibit F
H:hHVtc1cA can2000swbW.doc firm! 3
(Clarification Document), so long as the GSC Contract number and
Contractors contract number, if any. appears on the Purchase Omer.
Contractor agrees to fulfill the Purchase Orders consistent with the delivery
and/or installation instructions issued by the WE and to perform in
accordance with the covenants and warranties specified in this Agreement
B. This Agreement guarantees no minimum quantity of orders for Goods and
Services to Contractor. Contractor may not establish any limits on use of this
Agreement by QOEs without the prior written consent of GSC.
C. Contractor shall report no less than quarterly on all Goods and Services
ordered under this Agreement, including in such reports the Identity of the
QOE per order, the date of order, quantity of each type of Goods and
Services ordered, price, usage and other data as may be agreed between
GSC and the Contractor. Contractor agrees to coordinate with GSC on the
format of such reports and to work diligently to agree on such format within 60
days of the effective date of this Agreement.
D. Goods and Services ordered under this Ageement may only be used for
officat business of the WE.
ARTICLE N.
TERM
This Agreement shall be in effect upon the date of the last party to sign and will
continue for a period of five (5) years. GSC reserves the option to extend this
Agreement for five (5) additional one year periods, not to exceed a total contract
term of ten (10) years.
H:hi1VtcWwxan2000swbW.doe final 4
a $w~ l ~O
•
ARTICLE V.
GOODS AND SERVICES
Contractor will provide the Goods and Services more particularly described in
Exhibit F (Clarification Documents). Contractor will furnish the Goods and
Services to GSC and/or QOEs under the terms and conditions of this Agreement.
ARTICLE Vi.
SOFTWARE LICENSE
•
•
Contractor warrants that the manufacturer of the software used to maintain and
operate the Equipment shall grant to the QOEs a nonexclusive, nontransferable
license for the rife of the Equipment to use the software, Including related
documentation, solely to maintain and operate the Equipment, provided the
QOEs: (i) to the extent permitted by the Texas Public Information Act, does not
allow any aspect of the software to be disclosed to a third party without the
software manufacturees written consent and makes reasonable efforts to ensure
that its employees are aware of this obligation; (ii) uses the software solely for
QOE internal business; (iii) does not modify, reproduce or copy any part of the
software without the software manufacturer's written consent and does not
attempt to develop any source code from the software; and (iv) returns to
software manufacturer or erases or destroys any software on any media being
recycled or discarded, due to replacement or termination of license. If applicable,
the QOEs may only transfer the right to use the software to any end user who
subsequently acquires the right to operate the Equipment.
QOEs acknowledge that the software and features provided by Contractor
constitute either the copyrighted property or the proprietary trade secret
Information of the software manufacturer, or both. The QOE shall use
H:W1Ytekhex3n2000swbw.doc final s
7~
reasonable precautions to prevent unauthorized use of the software and features
or disclosure of the software manufacturer's proprietary trade secret Information.
The QOEs admowledge that the software manufacturer retains tiffs to the
software (excluding media on which recorded) and all Intellectual property rights,
with the exception of the license conveyed herein and no title to software or
Intellectual property rights are transferred to the QOEs.
ARTICLE VII.
WARRANTIES
A. From Contractor.
Limited Warranties shall apply to all ordered Goods and Services, as stated in
the applicable Clarification Document(s) and shall be for the period stated In the
Clarification Documents.
B. From QOEs:
1. In ordering Goods and Services under this Agreement, the QOEs
assure GSC and Coni ractor that its and its Users' use of the Goods and Services
will at all times comply with applicable laws, regulations and written and
electronic instructions for use. Contractor reserves the right to terminate Goods
and Sedvices for cause in the event QOEs or the related Users fail to comply with
applicable laws, regulations and instructions for use.
2 Goods and Services ordered under this Agreement shall only be
used for official business of the QOE. Each QOE is responsible for the lawful
use of Goods and Services obtained under this Agreement
H:hi11he1&Rexan2000swbWAw final 6
-L,2 8-
01-1
AFiiTiCLE Vill.
LIMITATION OF LIABILITY
Applicable limitations of liability which may apply to specific Goods and Services
are as set out In Exhibit F (Clarification Document): IN NO EVENT SHALL
$WBT BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES.
ARTICLE DL
REMEDIES
A. Termination for Cause. If any party at any time commits any material
breach of any covenant, warranty, or provision of. this Agreement or a
Purchase Omer arising hereunder and, having been given the opportunity to
correct fails to cure any such.breach within thirty (30) days after written .
notice thereof, the other party may, at its option, and in addition to any other
remedies available to it at law or equity, cancel and terminate the Purchase
Order by notice In writing to the breaching party. Only GSC and the
Contractor may terminate the Agreement for cause, effective thirty (30)
business days after receipt of written notice. Where the breach is related to
nonpayment by a QOE, Contractor will use reasonable efforts to advise GSC
and the Contractor will cooperate with GSC and the QOE in an attempt to
resolve any bona fide dispute that Is the basis of the non-payment
I~
B. Termination for Convenience. QOEs may terminate a Purchase Order
arising under this Agreement upon seven (7) business days written notice to
Contractor. QOEs shall remain responsible and liable for payment for Goods
and Services received prior to the effective date of termination. Only GSC and
Contractor may terminate the Agreement for convenience, effective thirty (30)
H:hi Lft1C t X aa0ftWbw.doc final T
0
business days after receipt of written notice. The covenant of payment for
Goods and Services received survives termination of this Agreement and/or a
related purchase order.
ARTICLE X.
NOTICES
Except as otherwise specifically provided In Exhibit F (Clarification Document)
for telephonic notices, all notices required to be given under this Agreement
shall be in writing and either mailed by certified or registered mail, postage
prepaid return receipt requested, sent by express courier, facsimile transmission
or electronic means, with hard copy receipt, or hand delivered and addressed to
each party at the address set forth on the front of this Agreement or, If the notice
relates to a specific Purchase Order, the address set firth in such Purchase
Order, or, in any case, such other address a party designates in writing.
ARTICLE XI.
HISTORICALLY UNDERUTILIZED BUSINESS PARTICIPATION
Pursuant to Chapter 2161 of the Texas Government Code, the state agency
QOEs are required to make a good faith effort to assist Historically Underutilized
Businesses ("HUBS") in receiving a portion of the total value of all contract
awards Issued by the QOEs. Therefor:, Contractor shall be required to make a
good faith effort to assist HUBs In receiving a portion of the total value of
subcontracts that Contractor awards under this Agreement. To make such a
good faith effort, Contractor at a minimum must as a condition of award and
before execution of this sates agreement submit Good Faith Effort Program
forms and documentation and report subcontracting participation after contract
execution. Failure to submit HUB subcontracting data will result In revocation of
Hh11VteW=aa2000swbW.doc &W 8
•
any contract awarded because of noncompliance. Existing contracts that the
Contractor may have for commodities or services will not preclude efforts on the
Contractors part to include HUBs in sub-contracting opportunities. Should any
subcontracting occur, the Contractor shall be held responsible for any work
performed by the subcontractor and that the subcontractor comply with all parts
of this specification Including all Insurance requirements. The HUB
subcontracting participation forms are a part of Exhibit G (HUB Participation
Information).
ARTICLE XII.
PAYMENT
A. Payment for Goods and Services are due by the thirttleth (30th) day after.
1) the date of completed work under the related purchase order,
2) the date of acceptance of ordered goods under the related purchase
order, or
3) the date of receipt of a correct and complete Invoice, whichever is
later.
B. Penalties for late payment are as set out in Chapter 2251, Texas Government
Code.
C. The QOEs are not subject to the assessment or payment of federal, state and
local sales and excise taxes.
• D. Invoices must contain, at a minimum: this Contract number, the number of the
Purchase Order to which the invoice relates; description of the Goods and
Services provided pursuant to the Purchase Order V.I.D, other vendor
identification Information as specified in the Purchase Order.
H:hiII/teW=an20WswbW.doc final 9
0L.2 175
LJ
ARTICLE XIII.
MISCELLANEOUS
A. Vendor Performance. QOEs shall report to GSC any Instances of vendor
non-performance under this Agreement, pursuant to 1 TAC Chapter 113,
Subchapter F.
B. Access. GSC and QOEs, as appropriate, will provide SWBT reasonable
access to all premises at reasonable hours for the purpose of Instailing,
Inspecting, testing, rearranging, maintaining, repairing or removing the
Services. SWBT will use reasonable efforts to avoid disrupting normal
business activities to the extent possible.
C. Entireties. This Agreement supersedes any and. all prior agreements,
representations, or promises made by the parties that differ in any way from
the terms and conditions stated herein.
D. Strict Performance. Failure at any time to require strict performance by
either party of any Agreement provisions shall not waive or diminish GSC's
right thereafter to demand strict compliance with any other Agreement
provision.
E. Amendments, Modifications or Changes. No amendments, modifications
or changes to this Agreement shall be made except by a writing signed by the
Contractor and GSC.
F. Assignment. Neither party shall assign or otherwise transfer its rights or
obligations under this Agreement except with the prior written consent of the
other, except for assignments to affiliates and successors, for which no
consent is required. Said consent shall not be unreasonably withheld.
G. Force Majeure. Neither Contractor nor a QOE shall be liable for any delay,
failure in performance, loss or damage due to: fire, explosion, power
blackout, earthquake, flood, the elements, strike, embargo, labor disputes,
H.hiWtck/WX n2000swbW.dW final 10
IFOL.J~.P#A&= "-7.
acts of civil or military authority. wars. ads of God, ads or omissions of
carriers or suppliers, which are not acting as affiliates under this Agreement.
acts of regulatory or governmental agencies, or other causes beyond such
party's reasonable control. whether or not similar to the foregoing, except that
a QOE's obligation to pay for Goods and Services received shall not be
excused.
H. Legislative Appropriation. This Agreement is subject to legislative
appropriation and, If no funds are appropriated for payment of this
Agreement, this Agreement may be canceled either in whole or part, without
penalty to the GSC with thirty (30) days written notice to Contractor, provided
GSC and/or QOEs shall pay for all Goods and Services delivered before the
effective date of cancellation.
1. Severability. If any provision(s) of this Agreement shall be invalid or
unenforceable, such provisions shalt not Invalidate or render unenforceable
the entire Agreement. The entire Agreement shall be construed as if the
invalid or unenforceable provision(s) were not included in the Agreement
J. Subcontracting. During the tens of this Agreement, contractor shall not
subcontract any additional services to be provided pursuant to this Agreement
without obtaining approval from GSC, except for such subcontracting
specifically contemplated by this Agreement. In no event will any
• subcontracting by Contractor relieve Contractor from any of the obligations to
perform in accordance with this Agreement.
K. Governing Law. This Agreement will be construed and all disputes
hereunder will be settled under the laws of the State of Texas.
L. Sovereign Immunity. Nothing herein shall constitute waiver by the State of
Texas of its sovereign immunity. Nothing herein shall be construed to extend
sovereign immunity status to other QOEs, which do not otherwise enjoy that
H:W1Vftklt=an2000swbW.doc rwal 11
ft ~
privilege as a matter of law. The dispute resolution process provided for in
Chapter 2260 of the Texas Government Code must be used by GSC and
state agency QOEs and Contractor to attempt to resolve all disputes arising
under this Agreement, and each Purchase Order issued pursuant hereto.
M. Compliance with Laws. This Agreement shall be subject to all applicable
laws, court orders, rules and regulations.
N. Binding Effect The execution of this Agreement by the authorized
representatives of the parties shall have binding effect on the entity, its
employees, agents. successors and assigns.
0. Open Records Act; Proprietary Information, The parties ad=Wedge that
this Agreement and all information, documentation, and other material
pertaining to this Agreement may be subject to public disclosure under the
Texas Public Information Act, Chapter 552001, et seq., Tx. Gov. Code. GSC
shall be governed by the Act and the opinions of the Office of the Attorney
General with regard to the administration of this Agreement and compliance
with the Act, and will provide SWBT with notice of any request for such
information.
S:W11ft1dxxaa2000swbw.dac final 12
e '
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed to be effective on the date of the last party to sign.
GENERAL SERVICES COMMISSION SOUTHWESTERN BELL
TELEPHONE COMPANY
BY'
Cha . Trammell
TITLE: Acting Executive Director TITLE.-Regional Vice President
DATE: 8/31/1999 DATE: $'~`~t4 S
• ROVED TO
4FFII of General
41L 9NI
Management
•
H:hi1Vtc1w'wx-a2000swbW.doc &W 13
0
Brazos County RFP 2001-048
Internet Service Provider Scores
-
Weighin Factor.
Score: Weighted score:
Cox Communications:
Could not meet all conditions of
response.
DataCentric Broadband:
MRC
0.35
5
1.75
PRE
0.15
5
0.75
PRE-Install
0.15
5
0.75
SLA
0.35
1
0.35
Total:
3.6
Managed Network Solutions:
MRC
0.35
1
0.35
PRE
0.15
5
0.75
PRE-Install
0.15
1
0.15
' SLA
0.35
5
1.75
Total:
3
Qwest Communications:
Did not completely respond to the RFP.
Verizon:
MRC 0.35 3 1.05
PRE 0.15 1 0.15
PRE-Install 0.15 3 0.45
SLA 0.35 3 1.05
Total: 2.7
Legend and Notes:
MRC: Monthly recurring cost for a 6 MbIs Internet Service Connection
PRE: Provider required service equipment
PRE-Install: Installation of provider required service equipment
SLA: Service level agreement
Scores are values between 1 and 5; 5 Is a 'better' score than 1
l~~
•
Brazos County
RFP 2001-048 Response Summary:
Cox Communications: [Incomplete Response - N/A]
Monthly Recurring Cost: $4,100.00 + applicable taxes (6 Mbs)
(rl~(l , l5G(>, 0~ Provider Required Equipment Cost: $0
~t(oo- Installation Cost: $1,500.00 + applicable taxes
x t Z_ 4491 Z_C0 • Could not provide SLA or reporting services
) 7W 20
I ~r DataCentric Broadband:
• Monthly Recurring Cost: $1,299.00 (6 Mbs)
1 v14. -8 Cfq UO • Provider Required Equipment Cost: $0
1 r [7,5%.00 • Installation Cost: $499.00
y • SLA- 99% Availability, 99% Packet Delivery, 1 day credit/hour down > 2 hours after
{ lp GO7 0 0 outage verified and outage report filed; No usage reports offered
Managed Network Solutions:
• Monthly Recurring Cost: $3,850.00 (6 Mbs)
~ • Provider Required Equipment Cost: $0
I Ir cj(r~?~U' . Installation Cost: $3,850.00 rl
f • SLA 100% Availability; 8 hours credit/hour down > 1 hour as long as reported within
5p~ OSP • L)-il 5 days of non-availability, Daily electronic reports on daily peak and average
utilization, monthly electronic reports on 30 day peak and average utilization
Installation cost is for purchase of 2 pair of fiber-optic fibers from the Courthouse Annex to
a demarcation at the Owest Point of Presence In downtown Bryan
Qwest Communications: [Incomplete Response - N/A]
• Monthly Recurring Cost: $3,292.00 (6 Mbs)
n nne e~ Provider Required Equipment Cost: $7,385.39 + [Optional 8x5xNBD Maintenance:
'jzi= Q 4 t,44, $1,458.001year]
• Installation Cost: $832.00
• SLA: Not described; Reports not described
Verizon:
t~ •
3010 4 t,
,19.E
Monthly Recurring Cost: $2,508.00 (6 Mbs)
Provider Required Equipment Cost: $12,661 + [Optional $1,000.00tyr SmartNet
router maintenance]
Installation Cost: $3,400.00
SLA: 99.97% Availability, 1 day credit/outage 10-60 minutes, 3 days c reditfoutage >
60 minutes, maximum 15 days credtt/month reported within two weeks of outage and
subsequently verified; Daily electronic peak and average utilization reports, monthly
electronic peak and average utilization reports
' .~,a 1
is