HomeMy WebLinkAbout2002-10-08-0900AM-Regular----1
BRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
FILED
Z86I OCT - 3 P it' U 0.
KAREN Mc LEN. COUNTY In Am
BRAZOS Y. BRYA . fit.
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON
TUESDAY, OCTOBER 8, 2002 AT 9:00 A.M. IN THE COMMISSIONERS
COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET,
SUITE 115, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance - Commissioner Bill Thornton.
2. Call for citizen input and/or concerns.
Consider and take action on agenda items 3 - 24:
3. Request by the Information Technology Department to bring FY2002 Minor
Computer Hardware funds forward to pay for equipment ordered but not delivered in
FY2002.
4. Recurring Payment Requests for:
a. The Varisco Estate (lease payments for office space located at 308 West Wm.
J. Bryan Parkway).
b. Brazos County Emergency Communications District (dispatching services).
5. Budget Amendment 02/03-2.
6. Payment of Claims.
7. Personnel Changes of Status.
8. Confirming the recommendation of Judge W. T. McDonald, Jr. to serve as the City
of Bryan representative on the Brazos Valley Groundwater Conservation District
Board. -
9. Approving presiding judges and alternate judges for the November 5, 2002 election.
4 n~~y w.Y-S'aY ~Jl r ~
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Commissioners Court Meeting Agenda
October 8, 2002
Page Two
10. The Cash Management System Service Agreement including Addenda One and Two
with First American Bank.
11. Contract with the Brazos Valley Community Action Agency, Inc. to provide dental
services for the indigent.
12. Indigent Health Care Contract with the Brazos Valley Council of Governments.
13. Application for Tax Refund by CIT Financial USA.
14. Resolution providing for the sale of property (described as Lot 10, Block 1, Sweet
Briar Addition to the City of College Station) acquired by the County of Brazos at
delinquent tax sale.
15. Request by the Commissioners Court office for a credit card.
16. Request by the Information Technology Department to purchase twenty additional
Universe Database licenses utilizing Judicial Software Project funds.
17. Renewal of the Hardware/Software Support Agreement with Hewlett Packard.
18. Renewal of the Novell Master License Agreement.
19. Blanket Purchase Orders.
20. Lease Agreements with IOS Capital for copiers in the offices of the County Attorney
and the Auditor.
•
21. Award of the following bids for the Road & Bridge Department:
a. Bid #2002-061 Flexible Base, Annual Contract
b. Bid #2002-062 Hot Mix Asphalt, Annual Contract
C. Bid #2002-063 Asphalt, Oil & Emulsion, Annual Contract
d. Bid #2002-065 Lane Striping, Annual Contract
e. Bid #2002-066 Aggregate for Surface Treatment, Annual Contract
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Commissioners Court Meeting Agenda
October 8, 2002
Page Three
22. Authorizing the Purcl
Bridge Department:
a. Bid #2003-001
b. Bid #2003-002
C. Bid #2003-003
d. Bid #2003-004
e. Bid #2003-005
'tasing Department to advertise for the following for the Road &
Equipment Lubricants
Oversized Limestone Aggregate
Heavy Machine Rental
Road Signs & Sign Posts
Rental of Equipment with Operator.
23. The Replat of Lots 16 & 17, Block Four, East Brazos Industrial Park, Phase Two,
2.27 acre tract, Stephen F. Austin Survey. Site is located in Precinct 2.
24. The Final Plat of Indian Lakes Subdivision Phase One, 401.51 acre tract, J. M.
Barrera Survey. Site is located in Precinct 1.
25. Announcement of interest items and possible future agenda topics.
26. Call for citizen input and/or concerns.
27. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two business days before the meeting. To make arrangements, call
(979) 361-4102.
COMMISSIONERS' COURT
REGULAR MEETING
OCTOBER 8, 2002
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, October 8, 2002, 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;
C. B. Jones, 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 Thornton gave the invocation and led the
pledge of allegiance.
There was no citizen input/and or concerns.
The first matter before the Court was a request by the
Information Technology Department to bring FY 2002 Minor
• Computer Hardware funds forward to pay for equipment ordered
but not delivered in FY 2002. On motion by Commissioner Tony
Jones, seconded by Commissioner Thornton, the Court voted
unanimously to approve the request to bring funds forward.
Vol 37 Page 340
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Commissioners' Court meeting October 8, 2002
2
The Court next considered authorizing the Auditor's
office to process recurring payment requests for the
following:
a) Varisco Estate, for lease of building for
Juvenile Services $1,800 per month
b) Brazos County Emergency 9-1-1 for
emergency dispatching $22,605.50 per
month
on motion by Commissioner Tony Jones, seconded by Commissioner
Thornton, the Court voted unanimously to authorize the
Auditor's office to process all the previously noted recurring
payments.
The Court next considered Budget Amendment #02/03-2.1
through 2.3, which would transfer funds to Court Support Costs
from Title IV-E funds and to information Technology from the
Reserve Fund Balance; and reallocate funds for the 272nd
District Court. On motion by Commissioner Thornton, seconded
by Commissioner Tony Jones, the Court voted unanimously to
approve the budget amendment as submitted, a copy of which is
attached.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
20035285 through 20035487
On motion by Commissioner Tony Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Claims as
Vol 37 Page V
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Commissioners' Court meeting October 8, 2002
3
submitted.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Tony Jones, seconded by
Commissioner Thornton, the Court voted unanimously to approve
the changes as submitted.
The next matter for the Court's consideration was the
•
confirmation of the recommendation of Judge W. T. McDonald,
Jr. to serve as the City of Bryan representative on the Brazos
Valley Groundwater Conservation District Board. On motion by
Commissioner Cauley, seconded by Commissioner Thornton, the
Court voted unanimously to confirm the recommendation.
On motion by Commissioner Cauley, seconded by
Commissioner C. B. Jones, the Court voted unanimously to
appoint the following persons as presiding judge and alternate
judge for the current voting year at the following voting
precincts:
Pct Election Judge Alternate Judge
•
1 LaVon Hayes (D)
(D)
rda Beasle
V
y
e
2/82
3ab Jaime Lynn Ratcliff (D)
4/43/79 Lloyd Thomas (D)
5ab Jane Moore (D)
6 Nell Johnson (D)
7ab Virgil Hare (D)
8 Bessie Cole (D)
9 C.H. "Bob" Godfrey (D)
10ab Dora Schatz (D)
it Floyd Wells (D)
Vol 37 Page 99
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Commissioners' Court meeting October 8, 2002
12
Edith A. Chenault (D)
13
Norma Bragg (D)
14/49/
55/57
Vincent Rosas (D)
15/53
Rena Cangelose (D)
16
Bernice Ward (D)
17
Terri Miller (D)
18abc
Marion Haynes (D)
20
Brent Massey (D)
21
Twyla Leland (D)
23
Al Meyer (R)
Debbie Bradley (D)
24
Chris Lee (D)
25
Kathy Nichols (D)
26
Dwayne Suter (D)
27ab
Tom Bradley (D)
28b/68
LaVerta Bradley (D)
30/77/
19
Bobbie Peterson (D)
31
Herbert Fontenot (D)
32
Donna Staten (D)
33/72/
74
Lucy Peterson (D)
34
Brent Williamson (D)
35ab
Lucy Smith (D)
36
Elizabeth Libby May (D)
38
Anita Vasquez (D)
39
Pat Fontenot (D)
40
Jimmy Restivo (D)
41/28a
Gloria Karkoska (D)
45/44/
46/47/
79/81
Jim M. Smith (D)
52
Doris Scurry (D)
54
Norman Beal (D)
62
Ruby Ellis (D)
63ab
Steve May (D)
70ab/64/67
Ruth Corley (D)
80
Dan Bates (D)
4
The Court next considered approval of the Cash Management
System Service Agreement including Addenda One and Two with
First American Bank. On motion by Commissioner Thornton,
seconded by Commissioner Tony Jones, the Court voted
Vol 3-2 Page g or
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Commissioners' Court meeting October 8, 2002
5
unanimously to approve the Cash Management System Service
Agreement including Addenda One and Two with First American
Bank. A copy is attached.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Brazos
Valley Community Action Agency, Inc. to provide dental
services to the County's indigent population. The cost to
• Brazos County will be $15,000.00. The term of the contract is
for twelve (12) months commencing on October 1, 2002 and
terminating September 30, 2003. On motion by Commissioner
Tony Jones, seconded by Commissioner Cauley, the Court voted
unanimously to enter into contractual agreement with the
Brazos Valley Community Action Agency, Inc. A copy of the
contractual agreement is attached.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Brazos
Valley Council of Governments to administer the operation of
Indigent Health Care Program for the c:ounty,s inaigenz
• population. The cost to Brazos County will be $88,056.00. The
term of the contract is for twelve (12) months commencing on
October 1, 2002 and terminating September 30, 2003. On motion
by Commissioner Tony Jones, seconded by Commissioner Cauley,
the Court voted unanimously to enter into contractual
Vol 3) Page --10-
40
Commissioners' Court meeting October 8, 2002
6
agreement with the Brazos Valley Council of Governments. A
copy of the contractual agreement is attached.
The next matter for consideration was a tax refund to Cit
Financial USA for overpayment of county taxes. On motion by
Commissioner Tony Jones, seconded by Commissioner Thornton,
the Court voted unanimously to refund $135.73 in county taxes
for the year 2000 to Cit Financial USA.
On motion by Commissioner Thornton, seconded by
Commissioner Tony Jones, the Court voted unanimously to table
a resolution providing for the sale of property acquired by
the County at a delinquent tax sale. This will allow for a
correction to the resolution. The property is described as
being Lot 10, Block 1, Sweet Briar Addition to the City of
College Station.
The Court next considered a request from the
Commissioners' office for a credit card. The County Judge
moved to approve the request. Commissioner Thornton seconded
the motion. After some discussion the County Judge and
Commissioner Thornton withdrew their motion and second. Then
on motion by Commissioner Tony Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the request
and set a limit of $2,000 on the card.
The next matter for consideration was a request by the
Information Technology Department to purchase twenty
Vol 3-) Page 91-
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Commissioners' Court meeting October 8, 2002
7
additional Universe Database licenses. The cost of the
licenses is $517.00 each for a total of $10,340.00. On motion
by Commissioner Cauley, seconded by Commissioner Thornton, the
Court voted unanimously to approve the request.
The Court next considered entering into Agreement with
Hewlett Packard for hardware /software support for FY 2003.
The cost to Brazos County for Support Agreement ID 313570137
is is $38,487.00. On motion by Commissioner Cauley, seconded by
Commissioner Thornton, the Court voted unanimously to enter
into agreement with Hewlett Packard and authorized the County
Judge to execute the Agreement on behalf of Brazos County. A
copy of the Agreement is attached.
The court next considered a request to renew the Novell
Master License Agreement for FY 2003. On motion by
Commissioner Cauley, seconded by Commissioner Tony Jones, the
Court voted unanimously to approve the request to renew MLA
Membership Number #127347-M5X0804 for $16,792.50. A copy is
attached.
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37
Page X102
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Commissioners' Court meeting October 8, 2002
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The Court proceeded to consider the following blanket
Purchase Orders:
The Eagle
MPO
$3,000
Wilton's Off Works
MPO
$ 500
Mansel's Align
Constable, Precinct 2
$ 500
Kwik-Kar
Constable, Precinct 2
$ 500
Southwest Tx Lease
Juvenile Services
$ 600
Lowe's
Maintenance
$1,000
Dealers Elec
maintenance
$3,000
Bobbitt Medical
Risk Management
$ 500
Scott & white
Risk Management
$2,000
Pitney Bowes
Non-Departmental
$1,000
On motion by Commissioner Tony Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The Court next considered approval of the following lease
agreements for new copiers:
1. County Attorney $5,820
2. Auditor's Office $5,160
The lease terms will be based on 48 months, renewed on an
annual basis and will include maintenance and most supplies.
On motion by Commissioner Tony Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the lease
agreements. Copies are attached.
Vol 37 Page g3
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Commissioners' Court meeting October 8, 2002
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The Court next considered awarding the following bids for
the Road and Bridge Department:
a. Bid No. 2002-061, Flexible Base
Pat Howard, Purchasing Agent, recommended
acceptance of the bid as follows"
Type A, Grd 1
Loaded only 58,420 lbs
Primary: Odeen Hibbs Trucking
Secondary: Hanson Agggregates
is
Loaded /Hauled 58,420 lbs
Primary: Hanson Aggregates
Secondary: Texcon
Loaded Only 80,000 lbs
Primary: Odeen Hibbs Trucking
Secondary: Hanson Aggregates
Loaded/Hauled 80,000 lbs
Primary:Colorado Materials
Secondary: Hanson Aggregates
Limestone Screenings
Loaded Only 58,420 lbs
Primary: Odeen Hibbs Trucking
Secondary: Young Contractors
Loaded /Hauled 58,420 lbs
Primary: Texcon
Secondary: Colorado Materials
Loaded Only 80,000 lbs
Primary: Odeen Hibbs Trucking
Secondary: Young Contractors
Loaded/Hauled 80,000
Primary:Odeen Hibbs Trucking
Secondary: Young Contractors
Vol 37 Page 94
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Commissioners' Court meeting October 8, 2002 10
On motion by Commissioner Tony Jones, seconded by
Commissioner Cauley, the Court voted unanimously to
accept the recommendation of the Purchasing Agent
and award the contract as noted. A copy of the bid
tabulation is attached.
b. Bid No. 2002-062 Hot Mix Asphaltic Concrete Pavement
Type B, Modified
Loaded Only
Primary: Texcon
Secondary: Young Contractors
Loaded /Hauled
Primary: Young Contractors
Secondary: Texcon
Type D, Modified
Loaded Only
Primary: Texcon
Secondary: Young Contractors
Loaded/Hauled
Primary: Young Contractors
Secondary: Texcon
Type C, Modified
Loaded Only
Primary: Texcon
Secondary: Young Contractors
Loaded/Hauled
Primary: Young Contractors
Secondary: Texcon
Type B sq yd
Primary: Young Contractors
Secondary: Texcon
Type C sq yd
Primary: Young Contractors
Secondary: Texcon
Type D sq d
Primary: Young Contractors
Secondary: Texcon
Vol T7 Page 15
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Commissioners' Court meeting October 8, 2002
On motion by Commissioner Tony Jones, seconded by
Commissioner Cauley, the Court voted unanimously to
accept the recommendation of the Purchasing Agent
and award the contract as noted. A copy of the bid
tabulation is attached.
Bid No. 2002-063 Asphalt, Oil & Emulsion Products
On motion by Commissioner Tony Jones, seconded by
Commissioner Cauley, the Court voted unanimously to
table consideration.
Bid No. 2002-065, Pavement Markers and Striping
• On motion by Commissioner Tony Jones, seconded by
Commissioner Cauley, the Court voted unanimously to
accept the recommendation of the Purchasing Agent
and award the contract to N-Line Traffic
Maintenance. A copy of the bid tabulation is
attached.
Bid No. 2002-066, Aggregate for Surface Treatment
Type B, Grade 3
Loaded Only
Primary: Colorado Materials
Secondary: Martin Materials
Type B Grade 4
Loaded Only
Primary: Colorado Materials
Secondary: Martin Materials
Type B Grade 5
Loaded Only
Primary: Colorado Materials
• Secondary: Martin Materials
Type B, Grade 3
Loaded/Hauled
Primary: Young Contractors
Secondary: Colorado Materials
Type B Grade 4
Loaded/Hauled
Primary: Young Contractors
Secondary: Colorado Materials
Vol 32 Page 9 lA
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Commissioners' Court meeting October 8, 2002
Type B Grade 5
Loaded/Hauled
Primary: Young Contractors
Secondary: Colorado Materials
On motion by Commissioner Tony Jones, seconded by
Commissioner Cauley, the Court voted unanimously to
accept the recommendation of the Purchasing Agent
and award the contract as noted. A copy of the bid
tabulation is attached.
12
The next matter for consideration was approval for the
Purchasing Agent to advertise for the following bids:
Bid No. 2003-001, Equipment Lubricants
Bid No. 2003-002, Oversized Limestone Aggregate
Bid No. 2003-003, Heavy Machine Rental
Bid No. 2003-064, Road Signs and Sign Posts
Bid No. 2003-005, Rental of Equipment with Operator
on motion by Commissioner Tony Jones, seconded by Commissioner
Thornton, the Court voted unanimously to authorize the
Purchasing Agent to advertise for the previously noted bids.
The Court next considered approval of the Re-Plat of Lots
16 & 17, Block Four East Brazos Industrial Park, Phase Two,
2.27 Acre Tract in Precinct 2. Richard Vance, County
Engineer, stated that he had reviewed the plat and all
appeared to be in order. On motion by Commissioner Thornton,
seconded by Commissioner Tony Jones, the Court voted
unanimously to approve the Re-Plat of Lots 16 & 17, Block Four
Vol 37 Page 91)
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Commissioners' Court meeting October 8, 2002
13
East Brazos Industrial Park, Phase Two, 2.27 Acre Tract as
submitted.
The Court next considered approval of the Final Plat of
Indian Lakes Subdivision Phase One, 401.51 acre tract in
E
Precinct 1. Richard Vance, County Engineer, stated that he
had reviewed the plat and offered the following comments:
1) Revise Slope easements.
2) Revise drainage easements around culverts.
3) Must adhere to all subdivision regulations
on motion by Commissioner Tony Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the final plat
of Indian Lakes Subdivision Phase One, 401.51 acre tract
subject to the developer complying with the exceptions noted
by the County Engineer.
Under announcement of interest items and possible future
agenda topics the County Judge made the following comments:
•
a) A suit was filed against Brazos County
and 64 other counties for collecting the
Justice of the Peace technology fees
alleging that it is unconstitutional to
do so.
b) The County Treasurer has sent a letter in
reference to investment strategy and will
be available to answer any questions the
Court may have.
37
Vol
Page q.6
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Commissioners' Court meeting October 8, 2002
c) He and the County Treasurer discussed
reducing County costs by requiring direct
deposit. Should an employee not have an
account, First American Bank will issue a
card that will allow them to go by the
bank and receive their money at no
charge. This could also be done at an
ATM. This will be on a future agenda.
d) He received an opinion from the Attorney
General's Office JC#2501 concerning
disclosure of a relationship with
vendors.
14
e) There is an article in the current County ^
Issues publication dealing with the
Commissioners Court authority over the
budget.
f) The Voting Committee will be coming to
Court soon with a recommendation on
voting equipment. Hart Graphics will be
in room 108 Thursday, October 10, 2002 at
10:00 a.m. with a demonstration of their
equipment.
g) He received an E-Mail from Vertex on the
Scat Program. We have been re-authorized
this year and will continue the contract.
h) The Veteran's memorial will be unveiled
Monday, November 11, 2002 at the
Veteran's Park. Festivities will be from
5:00 to 8:00 P.M.
Commissioner Cauley made the following comment:
a) He thanked the Courthouse family for their
support during his family's time of grief
after the death of his mother.
There was no citizen input and/or concerns.
There being no further business to come before the Court,
the meeting was adjourned.
Vol 32 Page ,
Commissioners' Court meeting October 8, 2002
15
The foregoing minutes of the Commissioners Court meeting
held October 8, 2002 have been examined and are approved in
open Court this the /0 Y4 day of 20_2, in
Bryan, Brazos County, Texas.
6& I r ~4. ~ -
Alvi W. Jone
County Judge
04K:~:Z&f' X--
m. S. Thornton
Commissioner, Precinct 2
arey uley, Jr.
Commis inner, Pre 'nct 4
Vol
Page
Commissi
r, Precinct 1
C. B. ?Lr~h S
Commissioner, Precinct 3
a en McQueen
County Clerk
100
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BRAZOS COUNTY'CONMSSIONERS COURT
MEETING ON V el F 200,9 AT 9"Ov AM,
NAMP
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BRAZOS COUNTYCOMMISSIONERS COURT
MEETING ON . Y 200 ? AT
NAMR
ORGANIZATION/DEPARTMENT
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# Brazos County Department of Information Technology
202 East 27th Street, Suite 102, Bryan, Texas 77803
Voice: 979.361.4310 Fax: 979361.4408
Memorandum
TO: Margie Williams, Assistant Auditor
FROM: Ernie Laney, Interim birector
BATE: October 1-', 2002
SUBJECT: Budget Amendment
Please prepare a Budget Amendment to bring funds forward from the FY2002 I.T.
department's budget line item 672030 (minor computer hardware) to pay for
equipment that was ordered on August 20th, 2002 on purchase order 37072.
The equipment did not arrive before September 30th, 2002
The amount of the Purchase Order is $46,156.00.
•
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE-22002-2003 BUDGET YEAR
NO. 02/03-2.1 through 2.3
On this the 8th day of October 2002 at a regular moeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1;
Wm. S. Thornton, Commissioner, Precinct 2;
C. B. Jones, Commissioner, Precinct 3;
Carey Cauley, Jr., Commissioner, Precinct 4;
Karen McQueen, County Clerk.
is
The following proceedings were held:
THAT WHEREAS, on October 8, 2002 the Court heard and approved a
budget amendment for the 2002-2003 budget year for Brazos County, Texas.
WHEREAS, an expenditure is necessary due to the necessity to meet
unusual and unforeseen conditions which could not be reasonably included
in the original budget adopted August 23, 2002 the following amendment(s)
to the original are hereby authorized, as described on the attached
page (s) .
ADOPTED AND APPROVED this the 8th day of October, 2002.
•
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By:_ d4L,:4. Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
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BRAZOS COUNTY, TEXAS
- - - - - - - - - -
BUDGET AMENDMENTS
No. 02/0332.1
- 10/8/01 - - - - - - - - - - - -
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
110100
721900
Dr.
CPS Mediation
3,000.00
01
480648
Cr.
Reserve Title IVE-Le al
3,000.00
Court Support Costs Division
To increase the CPS Mediation line item budget to allow for the contract services of a baliff
during the mediation hearings. This is no cost to the coup becasuse the state Title IV-E
funds are al
lowed to be used b the
District Attome .
fib r.a
-
47% el 'S! 0 ON
C,: 37 . - :4r~,,1 D S
E
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BR_A_Z_OS COUNTY, TEXAS
- BUDGET AMENDMENTS - - - - - - -
- - - - - - - - No. 02/03-2.2
10/8/01
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
140001
672030
Dr.
Minor Computer Hardware
46 156.00
01
470100
Cr.
Reserve Fund Balance
46,156.00
Information Tec6nolo
Division
To budget f
unds for com uters ordered last fiscal year but not received before 9/30/02.
0
_BRAZOS COUNTY, TEXAS-
- BUDGET AMENDMENTS
No. 02/03-23 - - -
10/8/01
FD
DIV
ACCT
PROD
DR/CR
ACCOUNT NAME -
Increase
Decrease
01
221001
672810
DR
Minor E ui ment-Electron
170.00
01
221001
606000
CR
Office Supplies
170.00
272nd District Court
To reclassify budget to allow the urchase of a fax machine.
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PERSONNEL CHANGE OF STATUS
page 1 of 6
COURT DATE: October 8, 2002
DEPARTMENT: Personnel
PURPOSE: A.gerove Personnel Chanje of Status
DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED
BRAZOS CENTER
HARRIS, HAROLD
MERIT INCREASE
BELTRAND, PAM
MERIT INCREASE
SUTHERLAND, JUDY
MERIT INCREASE
ZWEIFEL, SANDRA
MERIT INCREASE
TUREK, SHELLEY
MERIT INCREASE
KILLINGSWORTH, SHERRY
MERIT INCREASE
COUNTY COURT AT LAW #2
ROSE, SHARON L
MERIT INCREASE
MUNOZ, TOMMY
MERIT INCREASE
SUSTAYTA, KATHRYN
MERIT INCREASE
SKULLY, SHARON
MERIT INCREASE
COMMISSIONER'S COURT
GREEN, BEATRIZ
MERIT INCREASE
OCON, REBECCA
MERIT INCREASE
GALLEGO, CANDY
MERIT INCREASE
PERSONNEL DEPT.
NICHOLS, LORAINE
MERIT INCREASE
KOITE, KIMBERLY
MERIT INCREASE
JOHNSON, MELBA
MERIT INCREASE
PURCHASING DEPT MURPHY, JEANINE
MERIT INCREASE
MANN, MARCIA
MERIT INCREASE
STEPHENS, REBECCA
MERIT INCREASE
SHERIFF OFF - ADMIN
LOSACK, JEROME
OKRUHLIK, TAMMY
HALL, JAMES
MCGEE, CLABORNE
PAULER, DONALD
POLLOCK, TAMMY
POLLOCK, JOHN
FICKEY, MARK
WIESE, ALLEN
HOLMES, ALTON
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
'z"?'Ok 7
~'`'+Zirt.~__ •a5 ~..u...`...:.S3 lr r~• ?13.`~ Y.'~ 0j
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PERSONNEL CHANGE OF STATUS
COURT DATE: October 8, 2002
DEPARTMENT: Personnel
page 2 of 6
PURPOSE: AYmve Personnel Change of Status
DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED
.....HERIFFO....FF..-....ADMIN ..........K..IN..DELL...., FR....ED..... ■ .......ME....RIT.IN ■ ■C■ ..REASE............ • 1
S
HOUSTON, SHARUN MERIT INCREASE
BAYER, LINDA MERIT INCREASE
WILLIAMS, WANDA MERIT INCREASE
KNAPP, TANYA MERIT INCREASE
AGUILAR, GRACIE MERIT INCREASE
INFORMATION TECHNOLOGY TIJERINA, PATRICIA
MERIT INCREASE
GOLSON, TOM
MERIT INCREASE
WILKEY, KAREN
MERIT INCREASE
TRUONG, BEN
MERIT INCREASE
LEE, ANITA
MERIT INCREASE
SIFUENTEZ, ANNA
MERIT INCREASE
KUTIPER, ANTHONY
MERIT INCREASE
BRUMFIELD, BRIAN
MERIT INCREASE
POBLETTS, JR., GEORGE
MERIT INCREASE
WOERZ, ERIC
BUDGETED STEP INCREASE
PIERCE, MATTHEW
BUDGETED STEP INCREASE
COUNTY ATTORNEY LUNSFORD, GORDON
TRANSFER OUT OF HOT CK.
COUNTY CLERK VIVERO, AURELIA
NEW HIRE-TEMP.
COHEN, SUSIE
MERIT INCREASE
GILLAR, JOSEPHINE
MERIT INCREASE
WREN, TROY
MERIT INCREASE
KING, BETTY
MERIT INCREASE
PIVONKA, PANSY
MERIT INCREASE
WORKMAN, FLO
MERIT INCREASE
NARCOTICS TASK FORCE FIELD, CARLA
MERIT INCREASE
TIDWELL, JANE
MERIT INCREASE
JUVENILE SERVICES MCKOY, REBECCA
BUDGETED STEP INCREASE
TJPC-STATE AID CORNERWAY, RONETTE
BUDGETED STEP INCREASE
MCKEY, TODD
BUDGETED STEP INCREASE
4 At
•
•
•
PERSONNEL CHANGE OF STATUS
COURT DATE: October 8, 2002
DEPARTMENT: Personnel
page 3 of 6
PURPOSE: AR~rove Personnel Change of Status
..■■■■■■■■.■■■■.■■..■■r■■r■■■l
DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED
JUVENILE SERVICES AUSTIN, JENNIFER BUDGETED STEP INCREASE
TJPC-COMMUNITY CORK CLAYPOOLE, JOHN BUDGETED STEP INCREASE
GRAY, WM. DOYLE BUDGETED STEP INCREASE
BROECKER, REBECCA BUDGETED STEP INCREASE
MUNOZ, PATRICK BUDGETED STEP INCREASE
JUVENILE SERVICES ELIZONDO, AL MERIT INCREASE
TYP PAROLE
JUVENILE SERVICES GONZALES, ANNJANETTE MERIT INCREASE
JUVENILE TITLE IV-E
JUVENILE SERVICES
JACKSON, TYRONE
RAMIREZ, JR-, TOMMY
HENDERSON, BARBARA
PRENOVEAU, BETTE J.
FECOWYCZ, MICHELLE
DAVENPORT, OSCAR
HAINES, DAVID
BODY, OLIVIA
GERMAN, JOHN D.
LYON, LISA
FIGURES, DENNIS
ALEXANDER, ERICKA
PADILLA, CAROLINE
SANDLE, VINCENT
MANUEL, KAMI H.
CALDWELL, RONA
WILBERT, III, JOE
DENSEY, SHARON
RICKETSON, LINDA
HEIN, JOEL
ODSTRCIL, ROBERT
WHITE, MELISSA
OUTING, ROSA
PITTMAN, DELLARICK
GALLS, GREG
THOMPSON, DONALD
WHETSTONE, ARTIS
LOVETT, CYNTHIA
KENNEDY, MICHAEL
RAMIREZ, OLGA
COOK,VERA
PICCOLO, BARBARA
JACOBS,JANETTE
ALLEN, YOLANDA
TJPC SALARY SUPPLEMENT
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
Kill., 37
~,ar
0
PERSONNEL CHANGE OF STATUS
COURT DATE: October 8, 2002
DEPARTMENT: Personnel
page 4 of 6
PURPOSE: AR~Vve Personnel Cbange of Status
.■aaaaaaaaaaaaaaaaaaaaaaaaaaaaa~
DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED
■■aaaraaaaaa■■a■■aaaaaaraaaaaaa■■araaaaraaaaaaaaaaaaaaaaaara■■aaaaaaaaraMPO PARKS, MICHAEL A. BUDGETED INCREASE
KUBICHEK, SUSAN BUDGETED INCREASE
BEARDEN, JENNIFER BUDGETED INCREASE
ROAD AND BRIDGE ALFORD, ROBERT
DISCHARGED
GARCIA, ALBERT L.
MERIT INCREASE
ARNALL, JAMES M.
MERIT INCREASE
TYLER, KAREN
MERIT INCREASE
ARRENDONDO, GUADALUPE
MERIT INCREASE
ODSTRCIL, LARRY W.
MERIT INCREASE
MUNOZ, JOE A.
MERIT INCREASE
KELLEY, DAVID E.
MERIT INCREASE
WOODS, BOBBY
MERIT INCREASE
CHAMBERS, EVANS
MERIT INCREASE
NICHOLS, FRANKIE E.
MERIT INCREASE
VILLEDA, GREGORIO
MERIT INCREASE
MARION, BETTY
MERIT INCREASE
WATSON, BILLY L.
MERIT INCREASE
GUTIERREZ, JESSIE J.
MERIT INCREASE
WILLIAMS, JESSIE
MERIT INCREASE
EMOLA, GLENN
MERIT INCREASE
ODSTRCIL, BRANDON L.
MERIT INCREASE
BASS, ANTHONY W.
MERIT INCREASE
JOHNSON, BOBBY
MERIT INCREASE
HANKS, ROBEY
MERIT INCREASE
CURTIS, ALFRED
MERIT INCREASE
TALLEY, JOHN P.
MERIT INCREASE
WIDNER, RICKEY D.
MERIT INCREASE
MENDEZ, SR., BENITO R.
MERIT INCREASE
REYNA, PEDRO C.
MERIT INCREASE
SALTER, CLIFTON
MERIT INCREASE
WHITE, KENNETH E.
MERIT INCREASE
LEFLORE, JIMMY B.
MERIT INCREASE
PATRENELLA, MARCUS L.
MERIT INCREASE
WILHELM, WAYNE
MERIT INCREASE
JENKINSON, RICHARD G.
MERIT INCREASE
VILLARREAL, VICTOR
MERIT INCREASE
HERNANDEZ, JESSIE J.
MERIT INCREASE
MENDEZ, DAVID R.
MERIT INCREASE
WADE, STEVEN A.
MERIT INCREASE
TRACY, CATHERINE K.
MERIT INCREASE
WILLIAMS, MARY F.
MERIT INCREASE
SIMONS, CHRISTOPHER L.
MERIT INCREASE
CUNNINGHAM, DAVID B.
MERIT INCREASE
ZALMANEK, JR., CHARLES F.
MERIT INCREASE
KUDER, BILLY D.
MERIT INCREASE
MUEGGE, LINDA
MERIT INCREASE
•
•
•
PERSONNEL CHANGE OF STATUS
COURT DATE: October 8, 2002
DEPARTMENT: Personnel
page 5 of 6
PURPOSE: Amove Personnel Change of Status
DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED
ROAD AND BRIDGE COTRONE, JERRY L. MERIT INCREASE
BLANKNER, BRETT MERIT INCREASE
JONES, JON MERIT INCREASE
CROW, RAY O. MERIT INCREASE
SHERIFF'S OFFICE/JAIL
SIGNOR, MOLLIE
HOUSTON, WILLIAM
FORSTHOFF, RHONDA
LUCAS, KEVIN
WHITE, CHRISTIE
RAMOS, ERNESTO
ACOSTA, JOSE
LOVE, SHARON
STEELE, CHRISTINA
TWYMAN, MARCIA
DURON, JOLENE
WARE, JASON
DEJESUS, SERVANDO
WINSTEAD, MARK
FOSTER, RICHARD
BROACH, CHARLES
SPARKS, CHARISMA
TOWNSEND, CHRISTOPHER
PRITCHARD, DAVID
STUART, KEVIN
SAENZ, BENJAMIN
LICON, VISTOR
SR%4PSON, HAROLD
LYDAY, JAYSON
LABANI, KATHY
PITTMAN, THERESA
JONES, CHARLES V.
PACK, DAVID
SOWDERS, LINDA
PIMENTEL, JACOBO
MITCHELL, DELLA
LISTER, BEVERLY
FRALEY, KRISTOPHER
DISERENS, SARAH
HAMLIN, RAY
CARTER, CAROL
CHAMBERS, CARL
OSTIGUIN, JESSE
COTTEY, LARRY
GUERRERO, MARIANNA
HEAREN, JOSHUA
HOWARD, CHARLES
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
BUDGETED STEP INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
MERIT INCREASE
cwl rp, G,ShCy
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PERSONNEL CHANGE OF STATUS
page 6 of 6
COURT DATE: October 8, 2002
DEPARTMENT: Personnel
PURPOSE: Amove Personnel Change of Status
rr■■■■■■■■■■■..■... ■■■■■■■■■■r■■■.■■
DEPARTMENT NAME EMPLOYEE NAME
ACTION REQUESTED
■■■■■■r■■■■■■■■■■■■rr■■■■■rrr■■■■■■■■■■■rrr■■■
SHERIFF'S OFFICE/JAIL JENKINS, REGINALD
rrrr■■■■■■■■■■■■■■■■■■■■■■.
MERIT INCREASE
JONES, CYNTHIA
MERIT INCREASE
LAMB, RYAN
MERIT INCREASE
MANNING, BRENDA
MERIT INCREASE
MELSKY, MELISSA
MERIT INCREASE
MITCHELL, ELMER
MERIT INCREASE
ROBERTSON, MARY ANN
MERIT INCREASE
SAND, CHARLES
MERIT INCREASE
WARD, BERTHA
MERIT INCREASE
TREASURER'S OFFICE SWEENEY, RUTH
MERIT INCREASE
AYERS, EMMER LISA
MERIT INCREASE
PALOMARES, CONCHA
MERIT INCREASE
HARE, RHONDA L.
MERIT INCREASE
WHITE, TERRI L.
MERIT INCREASE
Approved in Commissioners' Court: October 8. 2002
County Judge's or Commissioner's Signature:
(This copy to be attached to minutes)
• . FIRST AMERICAN BANK. SSB
CASH MANAGEMENT SYSTEM SERVICE AGREEMENT
THIS AGREEMENT is for services obtained from the Cash Management System provided by
First American Bank, SSB, a Texas state savings bank CFirst American"), to
Brazos County, Texas ("Customer").
Provision of such services by First American will be subject to the terms and conditions set forth below:
1. General. The Cash Management System to be provided by First American to Customer, consists of a
software program ("Program") that permits Customer to obtain certain account information, electronic funds
transfer services, and other account maintenance functions. Such services, to the extent furnished by First
American to Customer, are referred to as the 'Services". The particular Services that are available in the
Program, and the nature of such Services, may vary from time to time. First American makes no representation or
warranty, express or implied, concerning the nature or extent of the Services that are available, or will be available
in the future, in the Program.
2. Minimum System Requirements. Having been duly informed as to the requisite specifics, Customer
hereby represents and warrants to First American that the Program will be utilized by Customer only with a
is computer system that satisfies the established Minimum System Requirements. Customer further acknowledges
that the Program has been designed to operate only on computer systems which satisfy the Minimum System
Requirements; and, without limitation of the other provisions of this Agreement, Customer hereby waives and
releases First American from any claims, losses, liabilities and damages relating to alleged unsatisfactory
performance of the Program arising in connection with operation or attempted operation of the Program on any
computer system which does not satisfy the Minimum System Requirements.
3. Use of Program/Limited Sublicense. First American hereby grants to the Customer a limited non-
exclusive sublicense for use of the Program subject to the terms and conditions set forth in this Agreement.
Customer acknowledges and agrees that the Program and Program documentation is valuable, confidential, and
proprietary property and agrees not to transfer, sublicense, distribute, copy, reverse compile, modify or alter the
Program or the Program documentation.
4. Term. This Agreement is effective from the date the Program is received by Customer and shall remain in
force until termination. The Agreement shall be terminated (i) upon thirty (30) days prior written notice by either
party to the other, (li) immediately, by written notice from First American, if Customer fails to comply with the terms
and conditions of this Agreement, or (iii) immediately if First American terminates its software license agreement
with Its software provider. Upon termination, Customer agrees to immediately and without further notice, return
the Program and all written and electronic documentation related to the Program to First American; and Customer
shall retain no copies in any form. The provisions of this Agreement that protect the proprietary rights of First
American will continue in force after termination.
5. Disclaimer of Warranty. No warranties with respect to the Program are made by First American nor does
it warrant that the Program will meet specific requirements of the Company. First American makes no warranty of
any kind, either express or Implied, with respect to the use of the Program. Flrst American hereby disclaims any
• and all express or implied warranties of merchantability or fitness of the Program for any particular purpose.
Customer assumes the entire risk as to the quality and performance of the Program and any and all related
documentation.
6. Limitation of Llabillty.
(a) FIRST AMERICAN'S ENTIRE LIABILITY AND THE CUSTOMER'S EXCLUSIVE REMEDY
WITH RESPECT TO ANY ACTUAL OR ALLEGED DEFECTS IN THE PROGRAM SHALL BE
REPLACEMENT OF CUSTOMER'S COPY OF THE PROGRAM, UPON REQUEST.
(b) IN NO EVENT SHALL FIRST AMERICAN BE LIABLE TO CUSTOMER FOR ANY DAMAGES,
LOST PROFITS, LOST SAVINGS OR OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE PROGRAM AND RELATED
DOCUMENTATION OR INABILITY TO USE THE PROGRAM AND RELATED DOCUMENTATION, OR
FOR ANY CLAIM AGAINST CUSTOMER BY ANOTHER PARTY RELATING TO THE PROGRAM AND
RELATED DOCUMENTATION.
(c) CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR PROTECTING AGAINST
UNAUTHORIZED ACCESS TO CUSTOMER'S COPY OF THE PROGRAM THROUGH THE USE OF
SeMce AQeermnt =I154cc 1 of 3
a -time-i°%FSa ...`f`~~„-~ti~...X•a'1'4
0
PHYSICAL AND ELECTRONIC ACCESS RESTRICTIONS, PASSWORDS, INTERNET DIGITAL
CERTIFICATES, AND OTHER APPROPRIATE SECURITY PROCEDURES. - CUSTOMER
ACKNOWLEDGES THAT SECURITY PROCEDURES IMPLEMENTED BY CUSTOMER ARE THE
SOLE MEANS OF RESTRICTING ACCESS TO THE SERVICES PROVIDED TO CUSTOMER AND
THAT SUCH SECURITY PROCEDURES ARE SOLELY WITHIN THE CONTROL OF CUSTOMER.
CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST FIRST AMERICAN ARISING OUT
OF OR RELATING TO LOSSES -OR DAMAGES SUFFERED BY CUSTOMER AS A RESULT OF THE
USE OF ANY FUNDS TRANSFER -FEATURES OF THE SERVICES (INCLUDING, WITHOUT
LIMITATION, WIRE TRANSFERS, ACH -TRANSFERS, OR BOOK TRANSFERS) THROUGH
UNAUTHORIZED OR UNINTENDED ACCESS TO CUSTOMER'S COPY OF THE PROGRAM.
7. Fees. Customer shall pay fees for access to and use of the Program in accordance with the current
Depository Contract between First American and Customer.
8. Stop Payment Orders. Customer engages First American to provide the ability for Customer to
electronically submit stop payment orders COrders'). Customer may transmit Orders to First American via a
personal computer using the Program.
a. First American is authorized to rely on Orders placed by any person using the approved Security
Procedures. Customer must provide the following information to place an Order: (1) number of the
account on which the item is drawn; (2) exact dollar amount of the item; (3) check number; (4) date of the
item; and (5) payee of item. First American processes the Orders based on the account number,
dollar amount and check number (referred to herein as "Required Information"); to effectively stop
payment of an Item, the Required Information must be exactly correct. Orders shall be void unless i
they contain complete and accurate Required Information.
b. Orders are available only for ordinary checks drawn on Customer's account, and will not apply to
cashier's checks, certified checks, auto debits, paper drafts, ACH transactions, or other similar items. The
Order must be received by First American at a time and in a manner that affords First American a
reasonable opportunity to act.
C. Customer agrees to Indemnify and hold First American harmless to the extent permitted by law
from and against all claims, damages (including, without limitation, the amount of any item covered by an
Order) and for all legal and other expenses, costs, damages and attorney's fees paid or incurred by First
American as a result of processing an Order and/or refusing payment of any item the subject of an Order.
d. First American will use ordinary care to avoid payment of a stopped item pursuant to an Order.
e. Customer agrees that an Order placed pursuant to the Program shall be governed by the laws of
the State of Texas, including without limitation, the Texas Business and Commerce Code.
f. EACH ORDER PLACED HEREUNDER WILL AUTOMATICALLY EXPIRE 6 MONTHS AFTER
THE DATE OF PLACEMENT, UNLESS CUSTOMER RENEWS IT FOR A NEW 6 MONTH PERIOD.
FIRST AMERICAN HAS NO OBLIGATION TO COMPLY WITH ANY EXPIRED ORDERS, AND NO
OBLIGATION TO PROVIDE NOTICE OF AN IMPENDING EXPIRATION OF AN EXISTING ORDER.
9. OFAC Compliance. The Office for Foreign Assets Control (OFAC) administers economic sanctions and
embargo programs that require that assets and transactions involving the interests of target countries, target
country nationals, and other specifically identified companies and individuals ("blocked parties') be frozen. All of
the programs administered by OFAC involve declarations of national emergency by the President of the United
State.
All U.S. citizens and permanent resident aliens, companies located in the U.S., overseas branches of U.S.
companies, and, in some cases, overseas subsidiaries of U.S. companies come under OFAC jurisdiction.
Therefore, both Customer and First American must ensure that compliance with the OFAC regulations Is
maintained by their respective organizations.
10. Additional Services. In addition to account information, book transfers, and stop payment orders, the
Customer may request access to certain additional Services described below; provided, however, that any such
additional Services shall be made available to Customer at First American's sole and absolute discretion; further
provided, that as a condition to the provision by First American of any such SerViice, Customer shall either initial
below to request the immediate inclusion and implementation of the indicated Services or execute and deliver to
First American a separate written agreement to be provided by First American governing provisions of the
applicable Service. The following is a description of additional Services that may be provided by First American,
although First American makes no representation or warranty that any or all of such Services will in fact be
provided.
SeMce AWeemem 02011 5A= 'f 2 of 3 l
•
_ fai (a) ACH Transfers.
The ACH feature of the Services is an alternate entry system that will allow issuance of funds
transfer requests to the Automated Clearing House network. The terms of this Service are set
forth in CMS Addendum No. 1.
(b) Wire Transfers.
The Wire Transfer feature of the Services is an alternate entry system that will allow issuance pf
wipe transfer orders between the Customer and First American requesting the transfer of funds
to another financial institution. The terms of this Service are set forth In CMS Addendum No. 2.
11. Miscellaneous.
(a) This Agreement, together with other written agreements and applicable First American rules and
regulations represents the entire understanding of the parties with respect to the subject matter hereof. If
any portion of this Agreement Is found to be unenforceable, all remaining portions shall remain in full force
and effect.
(b) This Agreement shall be governed by and construed In accordance with the laws of the State of
Texas and applicable federal law. Venue for any action arising hereunder shall be in Brazos County,
Texas.
(c) This Agreement shall be binding upon and inure to the benefit of Customer, First American and its
• respective heirs, executors, legal representatives, successors and assigns.
(d) This Agreement may not be amended or modified except by written instrument executed by
Customer and First American.
IN WITNESS WHEREOF, Customer and First American have executed this Agreement to be effective for all
purposes as of October 8, 2002
CUSTOMER:
BRAZOS COUNTY, TEXAS
By.
Name: Alvin W. Jones
•
Title: County Judge
FINANCIAL INSTITUTION:
FIRST AMERICAN BANK, SSB
By. A
~Azzi=
Name: Alan D. Bruton
Title: Vice President
semcena~een,emoso»sax `-yj 7 3 of 3 , z
ADDENDUMi
FIRST AMERICAN BANK, SSB
CASH MANAGEMENT SYSTEM ACH AGREEMENT
RECITALS:
A. First American and Brazos County, Texas ("Customer') have entered into a Cash Management System
Service Agreement (the "Service Agreement") dated as of October 8, 2002
B. By this ADDENDUM to said Service Agreement in accordance with Paragraph 9 thereof, Customer
desires to obtain additional Services (as defined in the Service Agreement), which additional Services will permit
Customer to initiate electronic signals for paperless entries through First American to accounts maintained at First
American and In other banks and financial institutions, by means of the Automated Clearing House (the "ACH').
AGREEMENT:
Now, therefore, In consideration of the mutual promises contained herein, it is agreed as follows:
1. This Agreement is subject to all of the terms and conditions of the Service Agreement; and the provisions
of the Service Agreement (including, without limitation, the Limitation of Liability in Paragraph 6 of such Service
Agreement) are hereby incorporated into this Agreement and made a part hereof, to the same extent as if set forth
in their entirety in this Agreement. Any termination of the Service Agreement shall automatlcalty terminate this
Agreement. In the event of any conflict or inconsistency between the terms and provisions of the Service
Agreement and the terms and provisions of this Agreement, the terms and provisions of the Service Agreement
shall control and govern.
2. First American will transmit the credit and debit entries initiated by the Customer to the ACH as provided in
the NACHA RULES, as in effect from time to time (the "Rules"), and this Agreement. In the event of any conflict or
inconsistency between the terms and provisions of the Rules and the terms and provisions of this Agreement
and/or the Service Agreement, the terms and provisions of this Agreement and the Service Agreement shall, to
the greatest extent permitted by applicable law, control and govern.
3. The Customer will comply with the Rules Insofar as applicable. The specific duties of the Customer
provided in the succeeding paragraphs of this Agreement in no way limit the foregoing undertaking.
4. The Customer will obtain an authorization to initiate ACH transactions from any entity requesting ACH
transactions be applied to its account or accounts. The Customer will retain the original or a microfilm or other
equivalent to a microfilm record of each authorization received for two (2) years after termination or revocation of
such authorization.
5. The Customer will send notification to initiate an entry or entries to a particular account within the time
limits prescribed for such notification in the Rules. After the Customer has received notice that any such
notification has been rejected by a receiving bank, or that a receiving bank will not receive entries without having
first received a copy of the authorization signed by its customer, the Customer agrees to promptly provide such
authorization and/or such additional assurances as may be reasonably requested by First American.
6. Each entry or file shall be delivered to First American's Processing Control Clerk no later than 3:00 p.m.
Central Daylight or Central Standard time, as then In effect, on the business day preceding the applicable
'Settlement Date" (as defined in the Rules). Whenever possible, it is preferable to deliver each entry or file two (2)
days preceding the applicable Settlement Date.
7. The Customer will provide Immediately available funds to cover any electronic credit entry initiated by it no
later than the Settlement Date applicable thereto.
8. The Customer will receive immediately available funds for any electronic debit entry initiated by it on the
Settlement Date applicable thereto.
ACH A9mwneM 8-2-01Ape 1 of 2
•
ADDENDUM1
-9. If the Customer discovers that any entry it has initiated was in etror, it may notify First American of such
error. If such notice is received by First American, First American will attempt to utilize reasonable good faith
efforts on behalf of the Customer, as permitted by the Rules; provided, however, that First American shall have no
liability to the Customer for any failure or inability to exercise such efforts.
10. In the event any entries are rejected by the ACH for any reason whatsoever, it shall be the responsibility of
the Customer to remake such entries; provided, however, that First American shall remake such entries in any
case where such rejection by the ACH was due to mishandling of such entries by First American and sufficient
data is available to First American to permit it to remake such entries. The Customer shall retain and provide First
American on request all information necessary to resubmit any file of entries for three (3) days after the midnight
of the Settlement Date.
11. The Customer will promptly provide immediately available funds to indemnify First American if any debit
entry is rejected after First American has permitted the Customer to withdraw immediately available funds in the
amount thereof or if any adjustment memorandum that relates to any such entry is received by First American.
12. To the extent permitted by law, the Customer hereby indemnifies First American from any and all losses
and liabilities arising out of or relating to breach, with respect to any entries initiated by the Customer, of any of the
warranties of an Originating Bank (as defined in the Rules) contained in the Rules, except to the extent the
negligence of First American Is the sole Independent cause of such loss or liability.
13. The Customer will compensate First American for providing the services referred to herein at the prices
set forth in the Depository Contract between First American and Customer.
14. In the event the Customer incurs any loss due to mishandling by First American of a particular entry or
entries, First American's liability to the Customer shall be limited to the greater of (i) the liability directly resulting
from First American's gross negligence or willful misconduct (exclusive of any and all indirect and consequential
damages); and (11) the amount actually recovered by First American (with respect to the mishandled entry or
entries) from the ACH, or any third party pursuant to the Rules or any applicable indemnity agreement:
15. This Agreement is terminable on ten (10) days written notice by either party, provided that applicable
portions of this Agreement shall remain in effect with respect to any entries initiated by the Customer prior to such
termination.
16. Implementation (initial one).
(a) The provisions of this Addendum are hereby incorporated in the above referenced System
Service Agreement to become immediately effective for all purposes as of the date thereof.
is (b) The provisions of this Addendum are hereby incorporated in the above referenced System
Service Agreement to become fully effective for all purposes as executed below on this the
day of , 20
ACH AgreemeMB-2-01Aac r 2 0f•.2
•
ADDENDUM 2
FIRST AMERICAN BANK CASH MANAGEMENT SYSTEM
FUNDS TRANSFER AGREEMENT
A. First American and Brazos County, Texas ("Customer') h t"ve entered Into a Cash Management System
Service Agreement (the "Service Agreement") dated as of Oc ober 8 , 2002
B. By this ADDENDUM to said Service Agreement in accordance with Paragraph 9 thereof, Customer
desires to obtain additional Services (as defined in the Service Agreement), which additional Services will permit
Customer to initiate wire transfers from accounts maintained at First American Bank, SSB ("First American").
AGREEMENT:
Now, therefore, in consideration of the mutual promises contained herein, It Is agreed as follows:
1. This Agreement is subject to all of the terms and conditions of the Service Agreement; and the provisions
of the Service Agreement (Including, without limitation, the limitation of Liability in Paragraph 6 of such Service
Agreement) are hereby incorporated into this Agreement and made a part hereof, to the same extent as if set forth
In their entirety in this Agreement. Any termination of the Service Agreement shall automatically terminate this
Agreement. In the event of any conflict or Inconsistency between the terms and provisions of the Service
Agreement and the terms and provisions of this Agreement, the terms and provisions of the Service Agreement
shall control and govern.
2. The Services provided under the Service Agreement are hereby expanded to Include wire transfers from
certain accounts at First American, which wire transfers shall be made in accordance with the following terms and
conditions.
AUTHORIZATIONS
A. Customer requests First American to honor and act upon all requests that First American receives
for th6 transfer of funds from accounts designated in the Cash Management System. Such requests must
be In compliance with First American's transfer and security procedures in effect from time to time.
B. Customer agrees to provide written notice to First American in order to change or revoke the
designation of accounts in the Cash Management System or to change the dollar limitation applicable to
wire transfers from the accounts; provided, however, that First American will have a reasonable period of
time after actual receipt of such notice to act upon each such change, and that First American may, in its
sole discretion, act upon oral notice which it reasonably believes to be from Customer, however, First
American is under no obligation to act upon oral notice; and if First American elects to act upon oral
notice, Customer will promptly confirm such oral notice in writing to First American.
C. Customer may request First American to transfer funds (i) from specific Customer account(s) at
First American to any other Customer account(s) specified by Customer, whether such accounts are at
First American or another financial institution, and (ii) from Customer account(s) at First American to any
account of a third party specified by Customer, whether such third party account(s) are at First American
or another financial institution.
D. First American agrees to act upon all Customer transfer requests on the day received, provided
such requests are received prior to cutoff deadlines set by First American from time to time and are made
in accordance with the Rules (as hereinafter defined), and to use any means and routes that First
American, in its sole discretion, may consider suitable for the transmission of funds. First American must
receive wire transfer requests no later than 2:30 p.m. Central Daylight time or Central Standard time, as
then in effect, to enable First American to prepare and transmit wires prior to system cut-off time.
Transfer received after the cut-off time may, at the election of First American, be held until the following
business day.
Funds TreraMw Ageertent 8-2-01.doc + rg 1 of 4
• ADDENDUM 2
connection with this Agreement, including but not limited to money amounts, accounts affected, dates of
transfer, supplemental instructions, and further evidence of the authority of Customer's authorized
representatives to transfer funds or to do eny other act contemplated under this Agreement.
G. First American may elect not to act upon a transfer request, for Customer's protection, d First
American is unable to obtain proper verification of such request satisfactory to First American, or If there Is
any inconsistency between a transfer request and information previously supplied to First American or if
such request is not initiated in accordance with security procedures implemented by First American. First
American shall have no liability to Customer If First American erroneously determines that there is an
inconsistency between a transfer request and information previously supplied to First American or
erroneously determines that proper verification does not exist for any transfer request provided that such
determination by First American has been made in good faith. To the extent permitted by law, Customer
hereby indemnifies First American and holds First American harmless from and against any and all
claims, demands, expenses (including, without limitation, reasonable attorneys' fees), costs, losses,
damages, actions and causes of action (collectively, "Claims') arising out of or in any way related to any
election made by First American pursuant to the provisions of this Section.
H. First American will periodically mail or otherwise transmit to Customer notification(s) of all
• transfer(s) made. Customer shall review promptly any such notification received by Customer and report
to First American in writing within fourteen (14) days any discrepancy or objection concerning the
applicable transfer(s).
1. Customer shall review promptly and reconcile its statements of account and report to First
American in writing within fourteen (14) days after Customer's receipt of any stated discrepancies or any
other objections of any type or nature between Customers records of such transactions and the statement
fumished by First American. Customer expressly agrees that the failure to report any such discrepancies
or objections within such period shall relieve First American of any liability with respect to such
discrepancies or objections.
J. Customer agrees to pay such wire transfer fees as set forth in the Depository Contract between
First American and Customer. Such fees, charges, or expenses shall be paid by First American's debiting
Customer's account(s) at First American, or if First American so elects, by a method of Imposing account
analysis fees and balance requirements upon Customer's account(s) at First American.
K. If Customer is a corporation, First American may rely upon the authority of any officer or
representative of Customer whom First American, in good faith, believes to be authorized to act on behalf
of Customer.
L. Customer agrees that if a transfer is requested in United States Dollars to a foreign country,
payment may, at the paying institution's option, be made In the currency of the country to which the
transfer is made and at the paying institution's then-current rate of exchange for United States Dollar
• transfers. Customer agrees to pay First American its applicable fees and charges for any such transfer,
as well as any fees and charges of the paying Institution for such transfer.
IV. OTHER CONDITIONS:
A. Termination of this Agreement shall not terminate the provisions of Sections II.A. III.A, III CC and
III_G of this Agreement.
B. This Agreement constitutes the entire agreement between First-American and Customer with
respect to the subject matter hereof and supersedes any and all other agreements (except the Service
Agreement), either oral or in writing, between the parties with respect to the subject matter hereof. No
modification or supplement to this Agreement shall be valid or effective unless the same is in writing and
signed by Customer and First American.
Funds TmnsterAem nmt0-2-0tEoc , Y -7 3 of 4:, /02l~
u
ADDENDUM 2
E. First American may, at Its sole discretion, and without liability for failing to do so, verify transfers
by contacting Customer at the telephone number specified by Customer. Such telephone number may be
changed by written request of Customer; however, such change shall not be effective until acknowledged
In writing by First American.
F. Customer authorizes First American to record r: echanically any or all instructions received by
First American from Customer, however, First American has go duty to record any such instructions, and
the decision to record such instructions is totally within First American's discretion.
SECURITY:
A. First American assumes no responsibility to discovb audit, or report to Customer any possible
breach of security by Customers agents or representatives, or unauthorized use of the "Program" (as
defined in the Service Agreement) by any party. Custom shall promptly notify First American by
telephone, and to promptly confirm in writing, of any compromise of security.
B. Customer agrees to comply with and maintain the con identiality of all security measures instituted
by First American from time to time. First American may fr m time to time change any such security
measures upon written notice to Customer. Notwithstanding a y of the foregoing, First American shall not
have any liability to Customer for any failure or delay by Firs American to initiate any security measure,
and the Initiation by First American of any security measure sh Ii not increase the liability of First American
or create additional duties or responsibilities for First American or reduce the duties and obligations of
Customer.
ADDITIONAL AGREEMENTS:
A. Customer hereby agrees that First American shall he
to perform its obligations as a result of any circumstances or
control, Including but not limited to circumstances associated
catastrophe; defects in the Program or Customer's copy of the
electrical or computer failure; air conditioning failure; commun
act by any carrier and/or agent operating between First A
transferred funds and their personnel; or, without limiting the
beyond First American's reasonable control.
B. Customer assumes full responsibility for all transfers
this /Agreement.
e no responsibility for any delay or inability
;vents beyond First American's reasonable
vith the following: acts of God; fire or other
Program; wire service availability; weather;
.atlon line failure; acts of delays or failure to
iedcan and Customer or by recipients of
enerality of the foregoing, any other cause
by First American In accordance with
C. Customer agrees that First American has no respon ibility beyond the duty to exercise ordinary
care, and Customer agrees that First American shall be concl sively deemed to have exercised ordinary
care if First American has followed the procedures set forth I this Agreement, to the extent applicable.
Customer further agrees that First American shall have no li bility to Customer for damages or losses
arising from the failure of Customer to follow procedures set fo in this Agreement or the Rules.
D. Customer shall have no right to reverse, adjust, or revoke a transfer request after it is received by
First American, except pursuant to the mutual agreement of f9 stomer and First American. In the case of
an erroneous or otherwise Irregular transfer of funds, Fist Am rican may, but shall not be obligated, on its
own initiative, to request the transferee to return the funds previously transferred on behalf of Customer.
A transfer request issued by Customer is paid at the time the transfer is sent, at the time the transfer is
credited to the transferee's account on the books of First Am rican, or at the time the advice of credit for
such transfer is sent or telephoned to the transferee by First Arperican, whichever occurs first.
E. Customer agrees that transfer requests will at no t
Customers account. Customer shall be liable for any fui
Customer whether or not such amount exceeds the collected
F. Customer shall promptly supply First American with
additional documents and agreements, as First American r
Funds Transfer Ageeraent 0-2.Ol d= 2 of 4 ,
k,~ ~.~,,e~ fT bM
exceed the current collected balance In
transferred upon proper instructions by
ince at First American.
Information, and promptly execute such
reasonably request from time to time in
i~
• ADDENDUM 2
C. All notices to First American with respect to this Agreement shall be directed to the Manager, Wire
Transfer Department, First American Bank, SSB, Bryan, Texas. All notices to Customer with respect to
this Agreement shall be directed to Customer at the address for Customer reflected in the records of First
American. -
D. This Agreement shall be subject to all terms, conditions, rules, regulations and procedures of any
funds transfer association, Curds transfer system or clearing house utilized by First American to.effect any
funds transfer as the same may be amended or modified from time to time (the "Rules"). All such rules
are incorporated herein by reference with the same force and effect as if the Rules were repeated fully
herein. In the event of any conflict or inconsistency between the terms and provisions of the Rules and
the terms and provisions of this Agreement and/or the Service Agreement, the terms and provisions of
this Agreement and the Service Agreement shall, to the greatest extent permitted by applicable law,
control and govern.
E. This Agreement shall be deemed to be a contract under and for all purposes shall be governed by
and construed in accordance with the laws of the State of Texas and the applicable laws of the United
States. Exclusive venue for any action arising under this Agreement shall be In Brazos County, Texas.
• V. Implementation (initial one).
~a) The provisions of this Addendum are hereby incorporated in the above referenced System
Service Agreement to become immediately effective for all purposes as of the date thereof.
(b) The provisions of this Addendum are hereby incorporated in the above referenced System
Service Agreement to become fully effective for all purposes as executed below on this the
day of 20
•
Funds Transfer Agreemmnt 8-2-01 Doc !f 4 of 4 . c-°> ` 10202
0
CONTRACT
THIS CONTRACT IS ENTERED into by and between BRAZOS COUNTY, TEXAS, acting
by and through its duly elected County Commissioners Court (hereinafter "County'), and the
BRAZOS VALLEY COMMUNITY ACTION AGENCY, INC. (hereinafter "Provider'),
located at 504 East 27th Street, Bryan, Texas 77803
RECITALS:
and
and
WHEREAS, the County is obligated to provide for the health and safely of its citizens;
WHEREAS, the County is responsible to a degree for the support of the County's poor;
WHEREAS, the residents of Brazos County are not served by a public hospital or
hospital district; and
WHEREAS, the County, pursuant to the Indigent Health Care and Treatment Act, Health
and Safety Code, § 61.001 et seq. (the "Act'), is authorized to provide certain Dental Services to
the County's indigent population, including but not limited to dental care, laboratory and x-ray
services and physician services; and
WHEREAS, the County, pursuant to the Act, has authority to contract with a private
facility for the provision of such services; and
WHEREAS, the Provider, has established a clinic to provide such services to the
County's indigent and poor residents; and
WHEREAS, the parties hereto believe that a Contract for services between them can be
mutually beneficial.
NOW THEREFOR KNOWN ALL MEN BY THESE PRESENTS that for and in
consideration of the mutual benefits herein described, the parties agree as follows:
TERM
This Contract shall commence on the Vt day of October, 2002 and terminate on the 30'h
day of September, 2003 (the "Contract Term').
This Contract may be canceled by either party hereto upon sixty-(60) days written notice
as provided herein.
Page ojs ~X ~Veog
i
u
SERVICE TO BE PERFORMED BY PROVIDER
Provider shall provide the following services through trained, salaried staff to dental
patients who qualify for such services pursuant to guidelines currently implemented for making
such determination: interviews, lab work, physical exams, education information and medicine
as needed (herein "Dental Services").
COUNTY'S MONETARY COMMITMENT
•
County shall, on or before November 1, 2002, advance to Provider against the total cost
to provide Dental Services to Brazos County qualified residents during the Contract Term, the
sum of Fifteen Thousand and no/100 Dollars . Such advance shall be
used as a reserve against which Provider shall provide up to $ 15, 0 0 0 in Dental Services to
Brazos County qualified residents. No additional monies may be billed to the County until
documentation supplied to the County which demonstrates the Provider has furnished
$ 1s F n n o _ o o in Dental Services to Brazos County qualified residents.
RESPONSIBILITIES OF PROVIDER
Provider will be responsible for providing the following administrative services (herein
"Administrative Services') pursuant to this Contract:
1. Obtain all necessary application forms from potentially eligible individuals.
2. Obtain and compile information on each applicant with regard to residency
and financial qualifications.
3. Make a determination, based upon County approved standards, that the
applicant qualifies for Dental Services hereunder.
4. Maintain this Contract.
C~
5. Maintain data files on clients and the Dental Services provided thereto.
6. Respond to all and any inquires by the County regarding the Clinic and it's services.
7. Assist the County with information needed for audit purposes.
8. Provide the County with quarterly financial statements.
9. Provide the County with any and all certified audits of Provider and the management
letter prepared in connection therewith.
10. Provide financial statements evidencing how County funds are spent. Such statements to
be submitted to County one week subsequent to such expenditure.
Page 2 of5
u
11. Provide the Court with statistics evidencing the number of Brazos County residents
Using the Provider's Services and the percentage Brazos County residents comprise
of the total population using Provider's Services.
RESPONSIBILITY OF COUNTY
The County shall be responsible for the following duties and requirements:
1. Fund its monetary commitment as stated herein.
2. Conduct a review of the Provider's performance in providing the Dental Services and
Administrative Services to be provided hereunder in order to assess County's
continued participation in the funding of the Provider and to verify Provider's
compliance with the terms of this contract.
3. Approve standards for eligibility for Dental Services hereunder.
RECORD RETENTION
The Provider shall be responsible for record keeping on all Dental Services provided to
those individuals using its services and all financial records of the clinic. The Provider agrees to
maintain and make available for inspection by the County upon request consistent with personal
privacy and subject to the limitations of state law, any and all records-the-County determines, in
its sole discretion, to be necessary for the Court to justify its continued participation in - - -
supporting the Provider with funding and to verify compliance with the terms of this Contract.
Such records shall be retained for at least four (4) years from the date the Dental Services was
provided. These records shall be made available for inspection and audit by the County if it so
desires.
DISCRIMINATION
The provider shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Provider shall take affirmative
action to ensure that applicants who are employed are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff
or termination; rate of pay or other forms of compensation; and selection for training, including
apprenticeship. The Provider agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting for provisions of this non-discrimination clause.
Page 3 00
INDENINITY
µt The Provider kgrees to indemnify the unty for and hold it harmles§:fsom and against
all suits, claims, domands, liabilities or actions resulting or alleged to result from the breach,
Violation or non-performance of the Dental and; Administrative Services stet°ed herein and for
any damage to any:person resulting from any aft or omission or negligence on the part of
Provider.
INSURANCE
The parties hereto agree that the Provider is an independent contractor and not an agent
of the County and that Provider shall maintain at its own expense, adequate liability insurance to
insure against damages and liabilities which may arise due to the duties and obligations
contacted for herein.
• COUNTY INVOLVEMENT
The County and Provider state that to the best of their knowledge, no officer, agent or
employee of the County who exercises any function or responsibility in connection with the
carrying out^ of this Contract or-the service to which ich it relates, has personal,interest, director
^ indil Wt, in i2s VoY{10N1• .•I i_ yf•`-.. =.1... 4/ • . • 1
GOVERNING LAW
Texas.
This Contract shall be executed in and shall be governed by the laws of the State of
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by delivering
such notice or by mailing it, registered mail to the other party at the following addresses:
Brazos Valley Community Action Agency
504 East 27'fi Street
• Bryan, TX 77803
Brazos County
c/o Commissioners Court
300 East 26' Street, Suite 114
Bryan, TX 77803
FURTHER ASSISTANCE
Each party hereto agrees to perform any further acts and to execute and deliver any
further documents which may be necessary to carry out the provisions of this Contract.
437 L~2~
0
` SEVERABILITY
In the event that any of the provisions otportions thereof, of this Contract, is held to' be
unenforceable or invalid by any court of competent jurisdiction, the validity and enforces ty of
etng provisions or portions thereof shall not be affected' thereby.
thg`7r ~
ENTIRE AGREEMENT
The Contract contains the entire understanding between the parties hereto concerning the
subject matter contained herein.. There are no representations; agreements, arrangements, br
understandings, oral or written, between or among the parties hereto, relating to the subject
matter of the Contract, which are not fully expressed herein.
ASSIGNABILITY
This Contract is not assignable by the Provider without the prior written consent of the
County.
DATED this day of 64~ 2002.
ATTEST:_ - BRAZOS-COUNTY, TEXAS _
_ ~ By
aren McQueen, County Clerk Alvi . Jones, Co udge
BRAZOS VALLEY COMMUNITY
ACTION AGENCY, INC.
i
By:
Betty S xecutive Director
povSOf5
l ~ ~ J + 1 rl'
J7
•
INDIGENT HEALTH CARE CONTRACT
This Contract is Subject to Arbitration Under the
Texas General Arbitration Act
This Contract is entered into by and between BRAZOS COUNTY acting by and
through its duly elected Board ( hereinafter "County") and the BRAZOS VALLEY
COUNCIL OF GOVERNMENTS (hereinafter "BVCOG").
The purpose of the Contract is to outline the responsibilities of each of the parties
in the operation of the Indigent Health Care and Treatment Act, created by
House Bill 1398 during the Special Session of the 76thTexas State Legislature.
The parties mutually agree as follows:
• In compliance with the Indigent Health Care and Treatment Act and the Texas
Constitution, the County agrees to provide the financial resources for the
mandatory, Inpatient, Outpatient, Physician, Prescription, X-Ray, Laboratory,
Rural Health Clinic and Family Planning Services to Eligible household members
that meet the requirements of the Act, the Texas Department of Health (TDH)
Handbook, and the BVCOG.
RATES FOR REIMBURSEMENT
The County agrees to join other counties in the region and provide a pro-rata
share of funds for the Administration of the County Indigent Health Care (CIHC)
Program by BVCOG for the State Dept. of Health, Region 7. The amount payable
by BRAZOS COUNTY to BVCOG is $ 88,056.00 through September 30, 2003.
Payment will be made to the BVCOG, quarterly.
RESPONSIBILITIES OF BVCOG
For and in consideration of the funding provided by the County, the BVCOG will
be responsible for providing the following services pursuant to this Contract:
1. Providing all necessary application forms to potentially Eligible
• Individuals.
2. Provide intake services in the County at least once a month.
3. Assist applicants in completing all necessary forms.
4. Determine the Eligibility of each applicant with regard to residency
and qualifications defined in the Act, including but not limited to
Sections 1.01 and 1.04. In this capacity the BVCOG shall also be
responsible for mailing all necessary forms and following all
procedures defined in the handbook with regard to notifications and
appeals on the issue of household eligibility. -
0
Page 2 - CIHC Contract
Brazos County
5. Maintain this Contract and assist the parties hereto in the operation
of the Program.
6. Maintain data files on Clients.
7. Provide information to all parties as needed.
8. Respond to all and any inquires regarding the Program.
9. Assist the County with information needed for Audit purposes.
10. Monitor the Program on a periodic basis to review overall Program
management and operation
11. Assist the County with all of its responsibilities under the Act and
the Constitution.
12. Perform all other duties and functions necessary to fulfill the
requirements as outlined in the Act and TDH Handbook.
13. Review the Eligibility of each household every six (6) months.
14. Prepare and distribute to the Provider no less than once every six
(6) months a computer list of Eligible Residents.
15. Determine Eligibility not later than the fourteenth (14) day after
receiving a completed application from an applicant including all
necessary documentation and verifications.
16. Receive all Bills submitted by the Provider for payment of Services
and review the same to verify that the Services and the patient
qualify in all respects.
17. Send all Bills for payment to the County for payment.
RESPONSIBILITIES FOR THE COUNTY
The County shall be responsible for the following duties and requirements:
1. Provide County funds for the payment of mandated services.
2. Provide County funds for the Administration of the Program to the
BVCOG on a quarterly basis.
3. Develop a system for the payment of Indigent Health Care Services
bills or incorporate this billing into the County s established system
for paying like bills.
4. Provide an audit of the Program as required by State law.
5. Accept ultimate responsibility for payment of services, which may
be determined through an audit to have been an Ineligible expense.
6. Provide for and assist with the procurement of and payment for
legal services as necessary.
7. Provide for and assist with the procurement of and payment for
additional audit services.
•
Page 3 - CIHC Contract
Brazos County.
TERM
This- Contract shall continue in force and effect for a term of one (1) year
commencing on the First day of October, 2002 and shall terminate on the
Thirtieth day of September, 2003.
CONCELLATION
This Contract will be canceled automaticaAy should the County become remiss in
their reimbursements to the BVCOG for administrative services. This Contract
may be canceled by either of the parties hereto upon Sixty (60) days written
is notice as provided herein.
INDEMNTY
Any monetary loss suffered by the County from Ineligible Clients, mistake, fraud
or other conditions cannot be recovered from the BVCOG.
AMENDMENT
This Contract shall be automatically amended by the amendments made to the
Act by the State Legislature, in all other respects, this Contract may only be
amended by the written consent of all the parties hereto.
GOVERNING LAW
This Contract shall be executed in and shall be governed by the laws of the State
of Texas.
• FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver
any further documents, which may be necessary to carry out the provisions of
this Contract.
•
Page 4 - CIHC Contract
Brazos County
SEVERABILITY
In the event that any of the provisions or portions of this Contract are held to be
unforceable or invalid by any court of competent jurisdiction, the validity and
enforceability of the remaining provisions or portions hereof shall not be affected
thereby.
ENTIRE CONTRACT
This Contract contains the entire understanding between the parties hereto
concerning the subject matter contained herein. There are no representations,
agreements, arrangements or understanding, oral or written, between or'among
the parties hereto, relating to the subject matter of the Contract, which are not
fully expressed herein.
EFFECTIVE the I" day of October, 2002.
BRAZOS COUNTY
By:
Judge AI Jones
BRAZOS VALLEY COUNCIL OF GOVERN
By.
Tom Wilki n, Jr.
Exec ' e Director
4
•
Charles Matt Harkuu
HEWLETT-PACKARD CO
8000 Foothills Blvd MS 5536
ROSEVILLE CA 95747-5536
ERNIE LANEY
BRAZOS COUNTY DEPT OF Ir
202 E 27TH ST STE 102
BRYAN TX 77803-3980
System Handle: BRAZOSN4000
HP Reference Number: 50131946
Dear ERNIE LANEY
10/22/2002
Enclosed is a fully executed copy of your Hewlett-Packard support agreement. You will want to retain this
document as a record of the products supported per HP's Terms and Conditions of Sale and Service.
You may contact the Response Center toll-free at 800-633-3600 to schedule service for listed equipment. To
expedite service, please provide the operator with the support identifier and serial number as well as a description
of the problem.
Hewlett-Packard values your business and looks forward to providing you with continued support. If you have any
questions or require further assistance, please contact your Support Agreement Specialist at 1-800-386-1115
X56034 FAX 1-800-307-0361.
Sincerely,
Charles Matt Harkins
Support Agreement Specialist
Enclosure
37
0
Support Agreement Overview [hp]'
Support Agreement ID: 313570137
Special Terms and Conditions No: S
Customer Address:
BRAZOS COUNTY DEPT OF IT
202 E 27TH ST STE 102
BRYAN TX 77803-3980
Customer Contact:
ERNIE LANEY
Tel: 1979) 361.4409
Fax:
Hewlett-Packard Address:
HEWLETT-PACKARD COMPANY
8000 Foothills Blvd MS 5536
ROSEVILLE CA 95747-5536
HP Contact:
Charles Matt Harkins
Tel: 1-800-386-1115 X56034
Fax: 1-800-307-0361
For more information on the format of this document visit www.hp.com/go/hpsdoes
Subject to Hewlett-Packard Conmany (HP) Terms and Conditions of Sales and Service Exhibit E16 and HP System Support Exhibit SS5.
Systerri ~attppEftt _ _~7~.~Yt ~/W~t~~ ~ A~<: +k' 2 Y rv ,
H5355A HP System Support Service. Provides
hardware support, software usage
assistance, software update licenses if
applicable, do access to HP
Suppord me. See options for network
lystetit'l~iend>`t; 5ystciln StiP1~~?; ; Cov~c~ge I+edgd ' 1?cs~tion' , . , ~ : , `Conaa,ct~'cttaFf[1SA••;
I" 'Sew-
BRAZCSN4000 H5355A 101251200210124/2003 BRAZOSN4000
Total Excluding Taxes
Summary of Changes
Hardware Support
Software Support - Right to Use
Software Support-labor
Software Support-Materials
Total Excluding Taws
Total excludes all taxes, however, taxes will be added at the time of invoicing at the current tax rate.
Total price includes all discount and adjustments if applicable.
Refer to the detail document for state & local tax
38,487.35
38,487.35
34,059.35
1,128.00
2,676.00
624.00
38,487.35
The Prices shown will be invoiced earl in advance.
Warn tor2}~xooa ~ . • ~ ~ , • ' ~ # , j ,ree z' /,s
• , Support Services Agreement
Special Terms and Conditions No: S
Your PO Reference: 37993
CCRN Number: 0300787560
Equipment Address:
BRAZOS COUNTY DEPT OF IT
202 E 27th St Ste 102
Bryan TX 77803-3980
Hardware Contact:
TOM GOLSON
Tel: (979) 361-4468
Fax:
• Coverage from: 10125/2002 to: 10/24/2003
For Support, please call: 800-633-3600
tiCtQ. $ • 1?escrlP[IOn 4Orltil tr0,: ; i'oYCtagC PeYiocEt}* ,
System Handle: BRAZOSN4000
HP Reference Number: 50131946
Software Update Address:
BRAZOS COUNTY DEPT OF IT
202 E 27TH ST STE 102
BRYAN TX 77803-3980
Software Contact:
TOM GOLSON
Tel: (979) 361-4466
Fax:
1423
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Support Services ss•
H5355A HW, SW, and Network Support
Central System in Support Grp
4 hr. On-site Response. 24x7
Network Support Declined
Manuals on CD-ROM.
SW upd. on CD-ROM
24x7 SW Supp Phone-in covrg
N4XXX / 1-2 CPUs
Hardware Support
A4902AR
Rmkt HP9000 Std Rack System E41
1
0.00
A3639AR
Rmkt HP 9000 N-Class Enterprise Server USM392711B
1
459.00
•
A5500AR
Rmkt 440 MHz PA-RISC 8500 CPU 1.5MB
1
111.00
A5500AR
Rmkt 440 MHz PA-RISC 8500 CPU 1.5MB
1
111.00
A5168AR
Rmkt Processor Support Module
1
0.00
A48VA
N-Class Memory Carrier Board
1
0.00
A5531AR
Rmkt 18GB HotPlug Ultra2 SCSI LP Disk
1
0.00
A5531AR
Rmkt I8GB HotPlug Ultra2 SCSI LP Disk
1
0.00
J2501A
16 port RS422 RJ45 Port Module
1
0.00
A5159A
Dual Port FWD SCSI (PCI Bus) adapter
1
0.00
A5171AR
Rmkt Redundant Sys HotSwap Power Supply
1
0.00
A2998A
HP PowerTrust UPS (onduleur)
1
0.00
C1064W
HP 700/96 terminal, 14' white display
1
9.00
A5170AR
Rmkt N-Class rack mount kit for HP Rack
1
0.00
A5277A
SureStore E Disk Array IPC60
1
379.00
A5277AY204
Dual Controller, 256MB Cacbe
1
0.00
A5282A
Add On 18.20B IOK RPM Ulva2 SCSI Drive
1
44 00
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Special Terms and Conditions No: S
Your PO Reference: 37993
CCRN Number: 0300787560
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A5282A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44.00
A5282A
Add On 18.20B 10K RPM Ultra2 SCSI Drive
1
44.00
A5282A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44.00
A5282A
Add On 18.2GB IOK RPM Ultra2 SCSI Drive
1
44.00
A5282A
Add On 18.2GB IOK RPM MU22 SCSI Drive
1
4400
A5282A
Add On 18.24313 10K RPM UImL2 SCSI Drive
1
44.00
A5282A
Add On 18.20B 10K RPM URM2 SCSI Drive
1
44.00
A5282A
Add On 18.2GB IOK RPM Ultra2 SCSI Drive
1
44.00
A5282A
Add On 18.2GB IOK RPM Ultra2 SCSI Drive
1
44.00
A5282A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44.00
A5282A
Add On 18.2GB IOK RPM Uhra2 SCSI Drive
1
44.00
A5282A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44.00
A5282A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44.00
A5282A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44.00
A351 IA
FC SCSI Multiplexer Field Upgrade
1
248.00
A5294A
SureStore E Disk System SClO for FC60
USMM000479
1
12.00
A5294A
SureStore E Disk System SCIO for FC60
USMM001004
1
12.00
C4318SZ
SMART Family Full Height Enclosure
1
36.00
C4318SZ#108
DVD-ROM Drive Factory Racked
1
12.00
C6369A
SMART Field int. LVD DDS4 DAT module
1
55.00
A5585A
HP Surest= E Tape Library 4/40 Rackmt
GPGGM000517
1
562.00
A5589A
HP SureStore E DLT 8000 Tape Drive
1
78.00
A5589A
HP SureStme E DLT 8000 Tape Drive
1
78.00
A4923AR
Rmkt 1024MB High Density SyncDRAM Memory
1
0 00
A5272A
SureStore E Disk System SC10
1
12.00
A5272A#001
Add On Ulua2 SCSI Bus Control Card
1
0 00
A3740A
PCI Fibre Channel Adapter
1
0.00
A3740A
PCI Fibre Channel Adapter
1
0.00
A3740A
PCI Fibre Channel Adapter
1
0 00
A6749A
PCI 64 port aerial MUX adapter
1
0.00
A6749A
PCI 64 port serial MUX adapter
1
0.00
A5282AR
Rmkt add on 18.2GB IOK RPM Ultra2 SCSI
PHMM015515 10/18/2003
1
4400
A5282AR
Rmki add on 18.20B 10K RPM Ultra2 SCSI
SGS2R07627 10/18/2003
1
44.00
A5282AR
Rmkt add on 18.20B IOK RPM Ultra2 SCSI
SGS4R52061 10/18/2003
1
44.00
A5282AR
Rmkt add on 18.2GB IOK RPM Ultra2 SCSI
SGS4R58597 10/18/2003
1
4400
A5282AR
Rmkt add on 18.2GB IOK RPM Ultra2 SCSI
SGS4R52060 10/1842003
1
44.00
A5864AR
Rmkt 2048MB High Density SyncDRAM Memory
10118/2003
1
0.00
A3763AR
Rmkt 512MB High Density Sync DRAM Memory
10/18/2003
2
0 00
Sub-total
3,05400
Software Support
A6749A
PCI 64 port serial MUX adapter
2
0.00
H2083A
HP 9000 SW Phone-In Assistance
1
84 00
B3920EA
HP-UX Operating System Media for Servers
1
46.00
U.S. - English localization
B4153A
UPS Mgr Il UPS Mgmt. SW for HP-UX, LTU
n
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,
1
22.00
3
7 V
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Special Terms and Conditions No: S
Your PO Reference: 37993
CCRN Number: 0300787560
Product No. 'Des"dan StriatI4tt:, 'Cavtxagt exiait tatty Prir~/U
ft+IM is
B6951AA
OV OB Cell Mgr HP-UX 1 Drive, LTU
1
82.00
B6131AA
OV GlancePlus Pak 2000, Tier 1 Serv..LTU
1
62.00
B3701AA
OV Glance+Pak 2000 for HP9000 Servers MM
1
0.00
B6953AA
OV OB 1 Drive for UNIX, LTU
1
73.00
Sul total
369.00
Total Monthly Price for BRAZOSN4000
3,423.00
Summary of Charges
Hardware Support
3,054.00
Hardware Support Tax TX
0.00
Software Support - Right to Use
94.00
Software Support - Right to Use Tax
TX
0.00
Software Support-Labor
223.00
Software Support-Labor Tax TX
0.00
Software Support-Materials
52.00
Software Support-Matenals Tax TX
0.00
TOTAL INCLUDING TAX
3,423.00
Taxes have been added at current rate, however, tax rates will be those in effect at the time of invoicing.
Total price includes all discounts and adjustments.
Hardware products under warranty
A5282AR
Rmkt add on 18.2GB 102 RPM Ultra SCSI PBMM015515
09/18/2002 10/172003 1
A5282AR
Rmkt add on 18.2GB 1OK RPM Ultra2 SCSI SGS21107627
09/18/2002 10/17/2003 1
A5282AR
Rmkt add on 18.2GB ]OK RPM Ultra2 SCSI SGS41152061
09118/2002 10117/2003 1
A5282AR
Rmkt add on 18 2GB IOK RPM Ultra2 SCSI SGS4R58597
09/1812002 10/17/2003 1
A5282AR
Rmkt add on 18.2GB IOK RPM Ultra2 SCSI SGS4R52060
09118/2002 10/1712003 1
A5864AR
Rmkt 204SUB High Density SyncDRAM Memory
09118/2002 10117/2003 1
A3763AR
Rmkt 512MB High Density Sync DRAM Memory
09/18/2002 10/17/2003 2
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Support Agreement ID: 0300787560
Breakdown of charges for period: Yom: 10/25/2002 to: 10/24/2003
TageS1/;S•.
The Prices shown will be invoiced yearly in advance. Price in USD.
• e
HP UPFRONT SERVICES AND HP SYSTEM SUPPORT
Exhibit SS5
HP Up_rmz Services and EP Svstem Support are governed by is =x ibis and the EP Terms a. Conte:ions c!
Sale and Service, HP Business Terns or HP Global Agreement.
1. DEFINITIONS AND SERVICES INCLUDED
a) "HP System Support Upfront Services", "HP System Support Options and Products", or siacply 'HP
Upfront Services" refers to UP's offerings for hardware, software, network, SAN (Storage Area
Network), and Mission Critical support. HP Upfront Services are offered in 1 to 5 year 1-cremerts
(depending on the HP Upfront Service purchased), and are available for purchase by the Customer
either at the time of Product purchase, or prior to installation of such Products for whit:. HP
Upfront Services are being purchased.
b) "HP System Support Services" or simply 'HP System Support' refers to UP's offerings for hardware,
software, network, SAY (Storage Area Network), and Mission Critical support. HP System S.roport is
available on a contractual basis either for a fixed period or on an open-ended ("evergreer.") basis
(note that these are not part of HP'S Upfront Services offering, as defined above.) EP System
Support Services are also referred to as -contractual support'.
c) Certain features of HP Upfront Services and HP System Support Services are optional and may be
purchased upon request by Customer. Standard and optional features for HP System support Upfront
Services and HP System Support Service, covering HP and specified non-HP systems, are described in
the applicable Technical Data sheet and will be provided pursuant to the specifications set out
• therein. Technical Data sheets are given to Customer and become an integral part of this Exhibit.
Some service features have prerequisate$ and/or ongoing requirements for Customer to receive all
entitlements.
2. PREREQUISITES
EP will determine, at its sole discretion, whether customer adequately meets the prerequisites for HP
Upfront Services and HP System Support as outlined in this Exhibit.
a) Uniform Coverage. A11 HP hardware and software products that are part of a single support order
must be covered at the same HP Upfront Services or HP System Support level. Similarly, the
duration period for such coverage must be coyezminous.
b) Connectors and Cables. All products covered tinder HP Upfront Services and HP System Support must
be interconnected by cables or connectors listed in the appropriate manufacturer's documentation
as compatible with the system. For products that do not meet this requirement, service as
available at MP's standard service rates.
c) Software Support. All HP systems for which execution of diagnostic tests is software-dependent
must, at a minima'", be covered by HP Upfront Services or $P System Support that provides periodic
software updates.
d) Coverage Requirements. For orders that include software support, all systems (including PC Server
systems and XP storage devices) that are supported by one Customer system asanager, except PC
clients, must be covered by either HP Upfront Services, HP System Support or an existing custom
contract for HP software support service.
e) Right to Copy Documentation. Customer may copy documentation updates for use with other systems
covered by an HP Upfront Service or an HP System Support service that provides software support.
f) Software Licenses. Customer can purchase HP Upfront Services and HP System Support only for HP
is software for which Customer has rightfully acquired an appropriate HP software license (pursuant
to 1 - mung terms in Exhibit =16.)
g) Software and Documentation Updates. For each software product covered under HP Upfront Services
and HP System Support, Customer must select, if applicable, at least one copy of software and
documentation updates by designating the appropriate media options.
h) Designated Callers and Training Requirements. The following Customer contacts for the HP Response
Center must be designated and trained through completion of the appropriate HP training courses as
defined by HP: Customer system manager(s) and alternate(s), storage system manager(s) and
alternates, for HP Upfront Support or HP System Support services that include SAN coverages after
normal business hours authorized caller: if applicable, network, including storage network
operator and alternate: if applicable, application software manager and alternate: and if
applicable, additional HP Response Center callers, which may be subject to an additional charge.
i) Ordering Guides. For orders that include software support, Customer must purchase the HP Upfront
Services or the HP System Support that corresponds to Customer's processor type, processor
quantity, application sgftware, and if applicable, storage system device type and data capacity.
SS5 Page 117
Revision Date 164an•2002 Revision Number 1
Printing Date 15 February 2002
37u 38
iz,
EP UPFRONT SERVICES AND HP SYSTEM SUPPORT
Exhibit SS5
j) Remote Support- For HP to provide remote su_ppcrt, Customer asst gyve authcr::ation anc ro:•--de '
access to a remote Suppers connection, either internet based or quaiifiec nodes, as we:l as access
to one voice-grade telephone Le and one data-quality telephone lire or network wizz
ter3inations, or equivalent, near the system. For storage devices using Continuous Track c:
Instant Support Enterprise Edition, a data quality phone line rust be provided ter "phone-heme-
diagnostic technology capability. For some service levels, Customer must allow H? to : stall and
provide HP adequate space for and access to HP-provided equipment, as well as provide coanectiv:t;
as specified in the applicable Technical Data sheet for the service.
k) HP IT Resource Center. HP IT Resource Center is available via the worldwide web. With a Web
browser, Customer can access the HP IT Resource Center. FPP access is required '-cr some
electronic services. Designated callers who submit HP Response center calls via the 8? I-:
Resource Center must meet the same training requirements as the Customer system manager. Use of
HP support tools available via the HP IT Resource Center requires agreement to the HP Support Tool
License Terms.
1) Mini=- Network Configuration.' Customer must have at least one system on the network covered
under HP Upfront Services and HP System Support to purchase network support services. Storage
network environmental support customers are excluded from this requirement.
m) Country Boundaries. All systems supported by one customer system manager must be located within
the same country.
n) Eligibility. To be eligible for certain coverage levels and support offerings, Customer must meet
the SP-specified minimum monthly billing amount.
o) Central Order Group (selected products). (This provision only applies to Customers who purchased
certain HP System Support Services.) HP System Support Service central order group must have only
one Customer system manager. HP will designate the central order group in Customer's environment,
usually the system with the fastest processor speed and largest number of users. Both the central
order group and add-on order groups must be of the same HP or non-HP product family and must have
the sane Customer system manager.
3. SERVICE LIMITATIONS
a) Hardware, Software, SAN and Network Support. Any services involving hardware, software or
network-related problems not covered by HP Upfront Services or HP System Support will be subject
to HP's standard service rates.
b) Maximum use Limitations. Products operated in excess of their maximum usage rate (as specified in
the product's Technical Data sheet or operating manual) cannot be covered by HP Upfront Services
and HP System Support but can be serviced at HP's standard service rates.
c) obsolete Products. HP may cover obsolete hardware and software products that are beyond their
specified support period using reasonable efforts as determined by HP.
d) Interfaces and Accessories. HP may cover cables, connectors, accessories and interfaces under the
same hardware service level purchased for the products with which they are used.
e) Supported Software versions. Unless otherwise specified by HP. HP provides HP System Support only
for the current and immediately preceding versions of HP software, and only when the software is
used with hardware that is included in H-p-specified configurations. If support coverage lapses,
additional fees may be required to resume support coverage. HP will support specified versions of
selected non-HP software, but will not support the software any longer than the vendor supports
it. For non-HP software, HP provides HP System Support only for software versions that are
documented as supported on specified configurations.
f) Non-HP Software. Support for non-HP software covered by HP's System Support services is limited-,
unless otherwise specified by HP, to telephone assistance, and if available to HP from the third-
party software vendor or other appropriate provider, patches, workarounds, and updates. HP's
decision with respect to how long HP Upfront Services or HP System Support will support' selected
versions of non-HP software is final.
g) Non-HP Products. HP is not liable for the performance or nonperformance of third-party hardware
or software vendors, their products, or their support services, including design flaws in and/or
incompatibility with either non-HP or HP products, unless otherwise specified by HP.
h) HP Software on Non-HP Systems. HP Upfront Services and HP System Support for specified HP software
products used with designated non-HP systems provides the following features: phone-in-assistance,
software assistance, software problem reporting, HP IT Resource Center, HP information access and
call submittal, license to Use software updates, and patches.
i) Escalation. Management. On-site assistance for critical software problems is limited to systems
supported by one Customef system manager and situated within a 12.5-mile (20-kilometer) radius of
SS5 Page 2 / T
Revision Date 16-,1an-2002 Revision Number 1
Pnmmna Date 15 Febtvuv 2002
pp, 31
• ~ e
•
•
HP UPFRONT SERVICES AND HP SYSTEM SUPPORT
Exhibit SS5
each other. Systems situated beyond this distance limit that require on-site assistance wi:: be
subject to additional charges at HP's standard service rates.
3) Access to the HP Response Centex. EP Response Center use is I -,-.ed to the Customer system manager
for the operating system and subsystem software; if applicable, the network operator for t!2e
network, including storage networks; if applicable, the application software manager(s) for each
family of HP application software; and, if purchased, the after-hours coverage system manage=, and
additional HP Response Center callers. In the absence of any of these managers, the EP Response
Center is available to their designated alternates.
k) Source Code Support. For HP source code, or non-HP software covered under HP Upfront Services and
HP System Support, assistance is limited to problems that can be duplicated on the current version
of the object code of the particular software. HP charges Customer at RP's standard service rates
for any other required assistance.
1) HP Diagnostic Software (selected products). HP is not responsible for 1033 of Customer business
revenue if HP Diagnostic software, HP High Availability -observatory, fM Instant Support Enterprise
Edition, HP Continuous Track, or HP remote fault manager software does not identify, track, or
remedy system or peripheral problems prior to actual occurrence.
m) Network Software Coverage without Network Support. Support for HP network software that provides
multivendor node connectivity is limited to product-usage and problem-solving assistance and
software update materials, unless network support is purchased.
n) Travel Zones. Customer sites located beyond 100 miles (160 kilometers) of a primary HP Suppor_
Responsible office may be subject to travel charges, longer response times, reduced restoration or
repair co mxi=ents, and reduced coverage hours as specified in HP's Worldwide Customer Support
Travel and Office Directory. Availability of some coverage levels is based on distance from a
primary HP Support Responsible Office.
o) Exclusions. HP Upfront Services and HP System Support do not include assistance that involves
program development, coding, isolation of coding problems, implementation assistance (except for
Telec6m Critical Support and certain Mission critical services), data recovery regardless of the
cause of data less or hardware malfunctions, and problems or investigation time relating to the
use of privileged mode code on HP 3000 systems. HP Upfront Services and HP System Support do not
include consulting unless a consulting option has been purchased. HP Upfront Services and HP
System Support are not a substitute for any formal training offered by HP.
p) Availability. Some HP Upfront Services and HP System Support features and coverage levels are
subject to local availability.
q) Consumables, User Replaceable Parts, and Maintenance &its. HP Upfront Services and HP System
Support do not include the provision and installation by HP of consumables, user replaceable parts
or maintenance kits.
r) Out of Coverage Hours. Customer requests for hardware and software support services, or for HP
installation and configuration services, that are scheduled after HP's normal business hours may
be subject to HP standard service rates (unless Customer has purchased the applicable HP Upfront
Services or HP System Support which provides for such services outside of HP's normal business
hours).
4. CUSTOMER RESPONSIBILITIES
a) Product List. Customer must maintain and provide to HP a current list of products supported under
H? Upfront Services and HP System Support.
b) Access. Customer must provide HP with the following.
1) Access to the products covered miler HP Upfront Services and HP System Support.
2) Adequate working space and facilities within a reasonable distance of the products.
3) Access to and use of all information, internal resources, and facilities determined necessary
by HP to service the products.
4) Foz the scheduled support level, Customer must designate a single work area acceptable to HP at
Customer site. This area must include shelves or racks for incoming and outgoing products,
adequate open bench workspace, adequate power and lighting, and access to a telephone. Before
having a product serviced under the scheduled support level, Customer must:
a) Maintain a written log of model number, serial number, and current failure symptoms and be
prepazed to provide this information to HP upon request.
b) Locate all failed units to be repaired during a scheduled visit at the designated work area
before the H? Customer Engineer arrives.
SSv Page 317
R.evmon Date 16-Jan-2002 Revision Nmnber I
Praudng Daze 16 February 2002
37
r~
U
HP UPFRONT SERVICES AND HP SYSTEM SUPPORT '
EshiNt m
c) Cali HP the workday before the day of the scheduled visit to provide into-mation recarc:rc
the number and type of products requiring repair.
c) Operating Procedures. Customer must follow routine operating procedures as specified in the
manufacturer's product operation manual(s).
d) Usage Charges. Customer must allow HP to install or remove usage meters on specified
electromechanical devices. Usage charges may be charged separately.
e) Diagnostic/Maintenance Software (selected products). Customer must allow HP to keep system and
network diagnostic and maintenance programs resident or. Customer's system or site for the
exclusive purpose of performing diagnostics and maintenance. For Instant Support Enterprise
Edition requiring a support node, the Customer must maintain and support the support node With the
required updates and patches. Prior to submitting a software problem report to HP, and prior to
placing a service rgVest to HP, Customer may be required to assist HP ir. running these HP-
supplied programs. Customers with HP High Availability Observatory, HP Instant Support Enterprise
,edition or with HP remote fault management software must use the electronic data transfer
capability it provides to inform HP of events identified by the software. Customer acknowledges
that Customer has no ownership interest in diagnostic hardware or software provided by HP and that
HP may remove these diagnostic programs and any HP-owned modems, workstations or PCs, network
devices, or remote access devices upon termination of HP Upfront Services and System Support.
f) instant Support Enterprise Edition (ISEE). In the ISEE - Data Center Configuration MCC), when lip
provides the support node to the Customer, Customer may only use the ISEE and any of its
components for purposes of ISEE unless requested to do so by HP to facilitate delivery of
services. When so requested, Customer may only use the ISEE for the purposes covered by HP's
permission. Customer will be liable to HP for any losses resulting from Customer's unauthorized
use of the ISEE or any of its components, or from the Customer's unauthorized access to HP's
network.
g) High Availability Observatory (SAO). The RAO consists of hardware, software and, if applicable,
documentation, owned and operated by HP, installed in Customer's specified site. The HAO is a
feature of certain Mission Critical support offers (Critical System Support and Business
Continuity Support), and is used to facilitate delivery of HP services to Customer. Except for
HP's express consent otherwise, Customer may not use the HAO or any of its components unless
requested to do so by HP to facilitate delivery of services. When so requested, Customer may only
use the HAO for the purposes covered by MP's permission. Customer will be liable to HP for any
losses resulting from Customer's unauthorized use of the RAO or any of its components, or from
customer's unauthorized access to HP's network. Customer's limited right to use the RAO
eesipment, software or documentation is non-transferable. Customer may not sell, transfer,
assign, pledge, or in any way encumber or convey the RAO or any portion or components thereof.
h) Revision. Levels. Customer must maintain all associated system hardware and firmware, except PC
systems, at the latest HP-specified configuration and code revision level. For PC systems,
Customer must maintain all associated system hardware and firmware at a revision level specified
by F.P. Customers must maintain HP-supported non-HP software at a code revision level specified by
HP.
i3 Telecommunication Charges. Customer is responsible for all telecommunication charges associated
with using HP IT Resource Center and with installing and maintaining ISDN links and Internet
connection, or HP-approved alternatives, to the HP Response Center, including as they relate to
the MAO.
J) Temporary Procedures. Customer is responsible for implementing temporary procedures or workarounds
while permanent solutions are being sought.
Y.) Files, Data and Programs. Customer is responsible for maintaining a procedure external to the
Products to reconst_-uet lost or altered Castamez files, data or programme.
1) Safe Environment. Customer will have a representative present when AP provides support 'services at
Customer's site. Customer will notify HP if Products are being used in an environment, which
poses a potential health or safety hazard to HP employees or subcontractors: HP may require
Customer to maintain such products under HP supervision and may postpone service until such hazard
is remedied.
& SOFTWARE LICENSE AND COPYRIGHTS
a) Updates.
1) hP grants Customer license to Use software updates provided by HP under the HP Upfront Services
and H? System Support that provides software support.
2) In addition, HP grants Customer a license to Use and make one copy of the updates received from
HP for each H? software Product license for which Customer has purchased HP Upfront Services or
SS5 Page 4 / 7
RevWon Date 1C>-jar-2002 Revision Number I
Pnnmu( Date 15 Februaty 2002
HP UPFRONT SERVICES AND HP SYSTEM SUPPORT
Exhibit SS3
Ep System Support that provides software support. The -,cease to copy updates o: add-iti=al
systems are not available for E? 9000 Series 1500 systems.
3) Customer agrees that the license to 'Use and copy updates are governed by the H? Software
License terms ir effect On the date H? ships the update to Customer. :'ne H? Software :.:tense
Terms are hereby made a part of this Fxb:bit.
b) HP Update Ownership. Customer acknowledges that it does not own and has to rig!%t to, title to, or
interest in the updates except as set forth in the applicable HP Software License Terms.
c) Copyright and Trademark Notices. Customer agrees to reproduce and conspicuously affix copyright
and trademark notices from the original software or documentation on each copy of an update that
Customer makes or obtains from an electronic data source.
C MISCELLANEOUS
a) Subcontractors. Notwithstanding anything to the contrary in HP Terms and Conditions of Sale and
Service, HP reserves the right and Customer consents to UP's use of subcontractors to assist in
the provision of HP Upfront Services and HP System Support as HP deems appropriate, without notice
to Customer.
b) Replacement Parts. Replacement parts provided under HP Upfront Services and HP System Support may
include new parts, equivalent to new parts, parts that are functionally equivalent or superior to
0th e replaced part, or whole unit replacements.
c) Attac)meents. Customer must comply with the terms and conditions of the additional attachments to
this Exhibit, if any.
d► HP Product Warranty Upgrade. If HP System Support Service that provides hardware support is
ordered with the initial purchase or lease of HP hardware products with a 90-day on-site warranty
or 1-year return-to-HP warranty, the service level ordered or the warranty coverage level,
whichever provides the better service level, will be provided during the oar-site warranty period.
A 1-year return-to-HP warranty must be converted to a 90-day on-site warranty to qualify. Days of
coverage and on-site response times can be upgraded for an additional charge during the warranty
period for most hardware products.
e) warranty Status of Non-HP Products. Non-HP products will be serviced in accordance with this
Exhibit, irrespective of warranty status.
f) Cancellation. If HP Upfront Services are canceled, Customer will receive a pro-rata refund only
for the unused prepaid services.
g) Financing. If HP Upfront Services are financed as part of an HP 8inanc2nq Agreement, the HP
Financing Agreement terms and conditions regarding cancellation will govern.
Sections 7, 8, and 9 apply only to Customers who purchased HP System Support Services that include
multivendor network coverage and/or warranty maintenance management services.
7. MULTIVENDOR NETWORK COVERAGE
The additional terms and conditions in this Section 7 and in Section 9 apply to orders for HP System
Support Services that include multivendor network coverage.
40a) Affiliates. HP has developea working relationships with select vendors, known as Affiliates, who
assist in the delivery of multivendor support. For purposes of HP's appointment as a Special Agent
during multivendor coverage, non-Affiliate refers to other vendors of products in customer's
network.
b) Performance of Affiliates and Non-Affiliates. HP is not liable for performance or non-performance
of Affiliates and non-Affiliates, their products, or their support services.
c) Operational Network. HP must verify CuatOmer'S network as fully operational before HP System
Support Service, including LAN/WAN network, and Storage Network Environmental support coverage
begins. This prerequisite is deemed to be met if HP System Support Service coverage commences upon
completion of HP's network configuration or assessment services. Otherwise, HP performs
verification at HP's standard service rates.
d) Supported Connections. HP must agree upon all network connections and products covered under
HP System Support Service with network coverage.
e) Service Requests. Prior to or after placing a service request with HP, Customer will run HP or
nor.-HP product or network diagnostic self-test programs, as appropriate. Customer must then.
SSo page b / 7
Revision Date 161art-= Revision Number 1
prindng Date la Febnwv 2002
may. YJt'll~i S
0
HP UPFRONT SERVICES AND HP SYSTEM SUPPORT
Exhibit SS5
contact the appropriate product vendor if a specific product is found to be at fault. Upon request
port
from HP during a service call, Customer will enable the connection to HP via the network. sup
tool if applicable.
f) Network Information. Customers without the HP network support tool installed must ident°_fy current
product version numbers and system configuration intonation for a2_1 products on the network.
Customer must notify HP when major topology changes occur on the network.
g) Non-HP Service Contracts. To take advantage of HP System Support Service benefits, Customer must
purchase service contracts from Affiliates and non-Affiliates that maintain appropriate support
service levels for non-HP products.
& WARRAN7Y MAOMMANCE MANAGEMENT
The additional terms and conditions in this Section 8 and in section 9 apply to orders for HP System
Support Services that include warranty maintenance management services.
HP provides warranty maintenance management for designated non-HP hardware products if HP is appointed as
a Special Agent as set out in Section 9 during the warranty period of the non-HP product. For purposes of
HP's appointment as a Special Agent during warranty maintenance management, non-Affiliate refers to
manufacturers of the designated non-HP hardware products, or authorized service providers for such
manufacturers who are obligated to provide services during warranty.
4. APPOINTMENT OF HP AS SPECIAL AGENT
These terms and conditions are effective only when HP offers and Customer appoints HP as a special Agent
in dealing with specified non-Affiliates during multivendor problem management or during warranty
maintenance management, as evidenced by execution of an attachment to this exhibit. HP provides this
attachment when necessary.
a) Scope of Agency. Upon appointment, Customer authorizes HP to represent Customer in dealings with
specified non-Affiliates in the process of network fault isolation and problem resolution, or
management of a service call during the warranty period for non-HP hardware products. HP's
authority to represent Customer is limited to the following activities:
1) HP directly contacts non-Affiliates for the purpose of (a) initiating a service call by a non-
Affiliate for remote or on-site assistance with Customer's network and equipment, or (b)
requesting non-Affiliate's (specified in Appendix A to the appointment attachment for warranty
maintenance management) performance of its obligations only during the warranty period.
2) HP directly follows up with non-Affiliates throughout the network problem resolution process or
until the non-HP hardware warranty problem as resolved.
3) HP facilitates communication among non-Affiliates and between HP and non-Affiliates in the
process of network fault isolation and problem resolution.
b) Relationship between Parties. This appointment will not:
1) Be construed to create the relationship of employer and employee partnership or joint venture
between HP and Customer or its employees.
21 Preclude HP• from acting as a Special Agent for multivendor problem management for other
parties, or from performing warranty maintenance management for non-HP products for other
parties.
3) Preclude HP from continuing in the business of multavendor problem management, even if Customer
is also in the business of providing similar services.
4) Allow HP or Customer to use each other's trademark or trade name in any manner.
c) Customer Responsibilities for Appointment.
1) in order to appoint HP as a Special Agent, customer must sign the attachment provided by HP.
2) Customer nut write letters of notification to specific non-Affiliates listed in the appendix
of the appropriate attachment. These letters must explain the scope of agency and a copy must
be sent to HP. The appendix can only be modified in writing upon mutual agreement of both
parties.
3) Customer must provide HP with a list of non-HP products on the network, including their
respective names, model numbers, serial numbers, and firmware and software revision numbers, _
along with copies of applicable support contracts for these products.
SS5 Page 6/ 7
Revision Date lfyanOM Revision Number 1
Printing Date 15 February 2002
I
•
•
HP UPFRONT SERVICES AND HP SYSTEM SUPPORT
Exhibit SS5
4) Customer must provide HP with, and keep current, a list of the non-Affiliate contacts and a
list o! the non-EP hardware products for which HP will provide warranty maintenance management.
including product's n- zs, product's serial numbers, dates of purchases/delivery, warran-y
person and service love" and, if applicable, software license and revison numbers.
5) Customer must pzovide HP with a copy of the warranty teas and conditions applicable to a__
non-HP hardware products, and a copy of warranty entitlement, such as the proof of purchase,
validating warranty for non-EP hardware products for which HP will provide warranty maintenance
management.
6) Customer must provide to HP in writing all information that may have a direct effect on the
operation or cost-effective maintenance of the network, or on the warranty maintenance
management of non-L hardware products.
7) Customer understands the limited scope of HP's authority as a Special Agent and agrees not to
obligate HP beyond the terms and conditions set out in this rExhibit.
8) Customer is solely responsible -for dealing directly with non-Affiliates concerting any
transaction that requires a purchase order for non-HP support services.
Customer must submit a service claim during warranty if a non-Affiliate requires su--' a
submission directly from Customer.
d) Additional Provisions.
1) Limitation of Liability. HP is not liable for any damage or claims made against Customer or HP
that are caused by EP's failure to perform its obligations under Section 9 or by service
contracts with non-Affiliates.
2) Indemnity. Customer agrees to indemnify and hold HP harmless from any liability, expense, or
loss, including attorney's fees, incurred as a result of any claim that may be made against HP
by any third parties that arise out of lip's discharge of authorized duties as stated here, or
Customer's failure to perform its obligations under Section 4 of this Exhibit or the service
contract with such third parties. The indemnities provided here will survive termination of
this Exhibit.
•
SS5 Page 7 / 7
Revision Date 16-jan-2002 Revision Number 1
Prindng Date 15 February 2002
0
+l
l
x;
x 1 ✓
•
® s
SP TERMS AND CONDMONS OF SALE AND SERVICE
Exhibit E16
HP's sale of Products and Support and HP's license of Software are governed by these HP Terms and
conditions of Sale and Service.
1. DERNMONS
a) "Delivery" means standard HP shipping to and arrival at the receiving area at the "Ship To"
address specified in Customer's order.
b) "Exhibits" means attachments that describe or otherwise apply to the sale or license of Products
or Support.
c) "Products" means hardware, Software, documentation, accessories, supplies, parts and upgrades that
are determined by HP to be available from HP upon receipt of Customer's order. 'Custom Products"
means Products modified, designed or manufactured to meet Customer requirements.
d) "Software" means one or more programs capable of operating on a controller, processor or other
hardware Product ("Device") and related documentation. Software is either a separate Product,
included with another Product ("Bundled Software"), or fixed in a Device and not removable in
normal operation ("Firmware').
e) "Specifications" means specific technical information about HP Products which is published in HP
Product manuals and technical data sheets in effect on the date HP ships Customer's order.
f) "Support" means hardware maintenance and repair; Software updates and maintenance; training; and
other standard support services provided by HP. 'Custom Support" means any agreed non-standard
Support, including consulting and custom project services.
2 PRICES
a) Prices are valid for the period quoted by HP or for the applicable purchase agreement ordering
period, whichever expires first. Prices remain valid for 180 days from the original order date
unless otherwise quoted by HP. Change orders that extend Delivery beyond those validity periods
become new orders at prices in effect when HP receives the change orders. Support prices, except
for Custom and prepaid Support, may be changed by HP upon 60 days written notice.
b) Prices are exclusive of, and Customer will pay, applicable sales, use, service, value added or
like taxes, unless Customer has provided HP with an appropriate exemption certificate for the
Delivery jurisdiction.
8. ORDERS
a) All orders are subject to acceptance by HP. Product orders must specify Delivery within 180 days
from order date, unless otherwise agreed or quoted by HP.
b) Customer will specify Ship To addresses within the country where the order is placed, unless
otherwise agreed.
e) Customer may cancel orders for Products (except Custom Products) prior to shipment at no charge.
Customer will pay all charges for returning Products to HP's shipping location if Product orders
are cancelled after shipment.
•
4. DELNERY
HP will make reasonable efforts to meet customer's Delivery requirements. If EP is unable to meet
Customer's Delivery requirements, alternative arrangements may be agreed. In the absence of such
agreement, Customer's sole remedy is to cancel the order.
5. SHIPMENT, RISK OF LOSS OR DAMAGE, AND Tr LE
HP will ship according to EP's standard commercial practice, and risk of loss or damage and title
will pass from HP to Customer at the Ship To address. Shipping and handling charges will be listed
separately on EP's invoice when not included in the Product's purchase price. If Customer requested
special packing or shipping instructions are agreed to by HP, charges will be billed separately to
Customer, and risk of loss or damage and title will pass to Customer on delivery to Customer's
Carrier or designate.
E16 Page 116
Revision Date 014ul-200) Revigion Nmnber 8
J
„ EP TERMS AND CONDITIONS OF SALE AND SERVICE
EIIu-bit E16
6. INSTALLATION AND ACCEPTANCE
a) Product installation information is available with Products, on quotations or upon request.
Installation by HP, when included in the purchase price, is complete when the Product passes HP's
installation and test procedures.
b) For Products without installation included in the purchase price, acceptance by Customer occurs
upon Delivery. For Products with installation included in the purchase price, acceptance by
Customer occurs upon completion of installation by HP. If Customer schedules or delays
installation by HP more than 30 days after Delivery, Customer acceptance of the Product(s) will
occur on the 31st day after Delivery.
7. PAYMENT
a) Payment terms are subject to HP credit approval. Payment is due 30 days from HP's invoice date.
Invoices for contractual support services and maintenance will be issued in advance of the Support
period. HP may change credit or payment terms at any time when, in HP's opinion, Customer's
financial condition, previous payment record, or the nature of Customer's relationship with H? so
warrants.
b) HP may discontinue performance if Customer fails to pay any sum due, or fails to perform under
this or any other HP agreement if, after 10 days written notice, the failure has not been cured.
S. WARRANTY
a) Product warranty period and additional information is available with Products, on quotations, or
upon request.
b) Products purchased from HP will receive the standard warranty in the country of purchase. If
Customer moves such Products to another country where HP has Support presence, then Customer will
receive the destination country standard warranty.
c) Customer may receive a different warranty when the Product is purchased as part of a system. HP
reserves the right to change the warranty. Such changes will affect only new orders.
d) The warranty period begins on the date of Delivery, or the date of installation if installed by
HP. If Customer schedules or delays installation by HP more than 30 days after Delivery, the
warranty period begins on the 313t day after Delivery.
e) If Customer transfers a Product to another user, warranty service is available to that user for
the remainder of the warranty period.
f) HP warrants HP hardware Products against defects in materials and workmanship. HP further warrants
that HP hardware Products conform to Specifications.
g) HP warrants that Software will not fail to execute its programming in4tructions due to defects in
materials and workmanship when properly installed and used on the Device designated by HP. HP
further warrants that HP owned standard Software will substantially conform to Specifications. HP
does not warrant that Software will operate in hardware and software combinations selected by
Customer, or meet requirements specified by Customer.
h) HP does not warrant that the operation of Products will be uninterrupted or error free.
i) If HP receives notice of defects or non-conformance to hardware Specifications, or substantial
non-conformance to HP owned standard Software Specifications during the warranty period, HP will,
at its option, repair or replace the affected Products. If HP is unable, within a reasonable time,
to repair, replace or correct a defect or non-conformance in a Product to. a condition as
warranted, Customer will be entitled to a refund of the purchase price upon prompt return of the
Product to HP. Customer will pay expenses for return of such Products to HP. HP will pay expenses
for shipment of repaired or replacement Products.
J) HP warrants that HP Support will be provided in a professional and workmanlike manner. HP will
replace, at no charge, parts which are defective and returned to HP within 90 days of Delivery.
k) Some newly manufactured HP Products may contain and HP Support may use re *=factored parts which
are equivalent to new in performance.
1) The above warranties do not apply to defects resulting from improper or inadequate maintenance by
customer; Customer or third party supplied software, interfacing or supplies; unauthorized
modification; improper use or operation outside of the Specifications for the Product; abuse,
negligence, accident, loss or damage in transit; improper site preparation; or unauthorized
maintenance or repair. -
E16 Page t / 6
Revidon Date 01-jW-2001 Revision Number 8
37 4z,4, & 4L
HP TERMS AND CONDITIONS OF SALE AND SERVICE
Exhibit E16
m) THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED 0;
IMPLIED. TO THE EXTENT PERMITTED BY LAW, HP SPECIFICALLY DISCLAIMS TED; IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRING=-M*ET.
9. SUPPORT
a) Customer may order Support from EP's then current Support offering. some Support (and related
Products) may not be available in all countries. Orders for Support are subject to the terms of
the Support Exhibit or quotation in effect on the date of order.
b) To be eligible for support, Products must be at current specified revision levels and, in EP's
reasonable opinion, in good operating condition.
c) HP may, at no additional charge, modify Products to improve operation, supportability and
reliability, or to meet legal requirements.,
d) Relocation of Products is Customer's responsibility. Relocation may result in additional support
charges and modified service response times. Support of Products moved to another country is
subject to availability.
e) HP will provide Support for products not supplied by HP when approved by HP in writing. HP will
provide Support for HP Products when Customer allows HP to perform modifications if requested by
HP under Section 9. c) above. Customer is responsible for removing any products not eligible for
• Support to allow HP to perform Support services. If Support services are made more difficult
because of such product(s), HP will charge Customer for the extra work at EP's standard rates.
f) Support does not cover any damage or failure caused by:
1) use of non-HP media, supplies and other products; or
2). site conditions that do not conform to HP's site specifications; or'
3) neglect, improper use, fire or water damage, electrical disturbances, transportation by
Customer, work or modification by people other than HP employees or subcontractors, or other
causes beyond HP's control; or
4) inability of any non-HP products in Customer's environment to correctly process, provide or
receive date data (i.e., representations for month, day, and year), and to properly exchange
date data with the Proaucts supplied by HP.
g) Customer is responsible for maintaining a procedure external to the Products to reconstruct lost
or altered Customer files, data or programs. Customer will have a representative present when HP
provides Support services at Customer's site. Customer will notify HP if Products are being used
in an environment which poses a potential health or safety hazard to HP employees or
subcontractors; HP may require Customer to maintain such Products under HP supervision and may
postpone service urti: such hazard is remedied.
h) Customer may delete Products under Support or cancel Support orders upon 30 days written notice.
Upon 60 days written notice, HP may cancel Support orders or delete Products no longer included in
EP's Support offering.
10. LICENSES
"Use" means storing, loading, installing, executing or displaying Software on a Device.
is 'Software License" means the Use authorization (s) for the Software specified by HP in its quotation,
tnvoiee or other documentation. Each Software License has a corresponding License Fee.
"License Fee" means the fee or fees designated by HP for Use of Software. Different License Fees may
apply to particular Software if more than one Software License is available for that Software.
a) In return for the License Fee, HP grants Customer a non-exclusive license to Use the object code
version of the Software listed in Customer's order in conformance with:
1. the terms set forth herein; and
2. Use restrictions and authorizations for the Software specified by HP in its quotation, invoice
or terms that accompany the Software; and
3. HP's third party suppliers' terms that accompany the Software.
In the event of a conflict, the third party suppliers' terms that accompany the Softwaze will take
precedence over the Use restrictions and authorizations specified by HP and the terms set forth
E16 Page 3 / 6
Revision Date 01-Jul-2001 Revision Number E
~ 37_x;; 1'~$
0
i 1
HP TERMS AND CONDITIONS OF SALE AND SERVICE
Exhibit E16
herein, and the Use restrictions and authorizations specified by HP will take precedence over the
terms set forth herein.
b) Unless otherwise specified, in return for the applicable License Fee, HP grants Customer a license
to use one copy of the software on one Device at any one time.
C) Unless otherwise specified, all Software Licenses will be perpetual unless terminated or
transferred in accordance with section 10. k).
d) If Customer is an HP authorized reseller, Customer may sublicense the Software to an end-user for
its Use or (if applicable) sublicense the Software to an HP authorized reseller for subsequent
distribution to an end-user for its Use. These sublicenses must incorporate the terms of this
software License in a written sublicense agreement, which will be made available to HP upon
request. If Customer is not an HP authorized reseller, Customer may not sublicense the Software
unless otherwise agreed to by HP in writing.
e) Software is owned anc copyrighted by HP or by third party suppliers. Customer's Software License
confers no title or ownership and is not a sale of any rights in the Software. Third party
suppliers may protect their rights in the Software in the event of any infringement.
f) unless otherwise permitted by HP, Customer may only make copies or adaptations of the Software for
archival purposes or when copying or adaptation is an essential step in the authorized Use of the
software on a backup Device, provided that copies and adaptations are used in no other manner and
provided further that the use on the backup Device is discontinued when the original or
replacement Device becomes operable.
g) Customer mmst reproduce all copyright notices in or on the original Software on all permitted
copies or adaptations. Customer may not copy the Software onto any public or distributed network.
h) Bundled Software or Firmware provided to Customer may only be used when operating the associated
Device in configurations as sold or subsequently upgraded by HP. Customer may transfer Firmware
only upon transfer of the associated Device.
i) Updates, upgrades or other enhancements are available under HP Support agreements. HP reserves the
right to require additional licenses and fees for Use of the Software on upgraded Devices.
J) Customer will not modify, disassemble or decompile the Software without HP's prior written
consent. Where Customer has other rights under statute, customer will provide HP with reasonably
detailed information regarding any intended disassembly or decompilation. Customer will not
decrypt the Software unless necessary for legitimate use of the Software.
k) Customer's Software License is transferable subject to HP's prior written authorization and
payment to HP of any applicable fee(s). Upon transfer of the Software License, Customer will
immediately deliver all copies of the Software to the transferee. The transferee must agree in
writing to the terms of Customer's Software License. All Software License terms will be binding on
involuntary transferees, notice of which is hereby given. Customer's Software License will
automatically terminate upon transfer.
1) HP may terminate Customer's or any transferee's or sublicensee's Software License upon notice for
failure to comply with any applicable Software License terms. Immediately upon termination, the
software and all copies of the Software will be destroyed or returned to HP. Copies of the
Sc'-ware that are merged into adaptations, except for individual pieces of data in Customer's or
tz :.sferee's or sublicensee's database, will be removed and destroyed or returned to HP. With BP's
written consent, one copy of the Software may be retained subsequent to termination for archival
purposes.
m) If the Software is licensed for use in the performance of a U.S. government prime contract or
subcontract, Customer agrees that Software is delivered as "Commercial computer software" as
defined in DFARS 252.221-7014 (Jun 1995) or as a "commercial item" as defined in FAR 2.101(a), or
as -Restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency
regulation or contract clause), whichever is applicable. Customer agrees that the regulations and
obligations in Exhibit U1 apply to all such Software and that the Software is adequately marked
when the Restricted Rights legend in Exhibit U1 is affixed to the Software media. Customer further
agrees that the software has been developed entirely at private expense.
11. INTELLECTUAL PROPERTY RIGHTS
a) HP will defend or settle any claim against Customer, (or third parties to whams Customer is
authorized by HP to resell or sublicense), that Products or Support (excluding custom Products and
Custom Support), delivered under these HP Terms and Conditions of Sale and Service infringe a
patent, utility model, industrial design, copyright, trade secret, mask work or trademark in the
country where Products are used, sold or receive Support, provided Customer:
1) promptly notifies HP in writing; and
E16 Page 4 / 6
RevLsion Date 014u1200I RevLsion Number 8
37 141
• ® s
HP TERMS AND CONDITIONS OF SALE AND SERVICE
Exhibit E16
2) cooperates with HP in, and grants HP sole control of the defense or settlement.
b) HP will pay infringement claim defense costs, settlement amounts and court-awarded damages. If
such a claim appears likely, EP may modify the Product, procure any necessary license, or replace
it. If HP determines that none of these alternatives is reasonably available, H_° will refund
Customer's purchase price upon return of the Product if within one year of Delivery, or the
Product's net book value thereafter.
c) HP has no obligation for any claim of infringement arising from:
1) HP's compliance with Customer's designs, specifications or instructions;
2) RP's use of technical information or technology provided by Customer;
3) Product modifications by Customer or a third party;
4) Product use prohibited by Specifications or related application notes; or
5) Product use with products not supplied by HP.
d) These terms state RP's entire liability for claims of intellectual property infringement.
12. LIMITATION OF LIABILITY AND RENMES
• a) Products are not specifically designed, manufactured or intended for sale as parts, components or
assemblies for the planning, construction, maintenance, or direct operation of a nuclear facility.
Customer is solely liable if Products or Support purchased by Ltistomer are used for these
applications. Customer will indemnify and hold HP harmless from all loss, damage, expense or
liability in connection with such use.
b) To the extent HP is held legally liable to Customer, HP's liability is limited to:
1) payments described in Sections 8. 1) and 11. b) above;
2) damages for bodily injury;
3) direct damages to tangible property up to a limit of 0.5.51,000,000;
4) other direct damages for any claim based on a material breach of support services, up to a
maximum of 12 months of the related Support charges paid by Customer during the period of
material breach; and
5) other direct damages for any claim based on a material breach of any other term of these HP
Terms and Conditions of Sale and Service, up to a limit of O.S.$1,000,000 or the amount paid to
HP for the associated Product, whichever is less.
c) Notwithstanding Section 12. b) above, in no event will HP or its affiliates, subcontractors or
suppliers be liable for any of the following:
1) actual loss or direct damage that is not listed in 12. b) above;
2) damages for loss of data, or software restoration;
3) damages relating to Customer's procurement of substitute products or services (i.e., "cost of
cover"); or
4) incidental, special or consequential damages (including downtime costs or lost profits, but
is excluding payments described in Section 11. above and damages for bodily injury).
d) THE REMEDIES IN THESE HP TERMS AND CONDITIONS OF SALE AND SERVICE ARE CUSTOMER'S SOLE AND
EKCLUSIVE REMEDIES.
13. GENERAL
a) Transactions may be conducted through Electronic Data Interchange ("EDI") or other electronic
methods, as agreed.
b) HP will not be liable for performance delays or for non-performance, due to causes beyond its
reasonable control.
c) If either party becomes insolvent, is unable to pay its debts when due, files for bankruptcy, is
the subject of involuntary bankruptcy, has a receiver appointed, or has its assets assigned, the
other party may cancel any unfulfilled obligations.
E16 pages/6
Rev1s(on Date 014u1-2001 Revision Number 8
3-7
u
e
HF TERMS AND CONDITIONS OF SALE AND SERVICE
Exhibit E16
d) Neither party may assign any rights or obligations hereunder without prior written consent of the
other party. HP may, however, assign any rights and obligations hereunder to another Hewlett-
-Packard entity at any time subject to written notice.
e) Customer who exports, re-exports or imports Products, technology or technical data purchased
hereunder, assumes responsibility fox complying with applicable laws and regulations, and for
obtaining required export and import authorizations. HP may suspend performance if Customer is in
violation of applicable regulations.
f) Disputes arising in connection with these HP Terms and Conditions of Sale and Service will be
governed by the laws of the country and locality in which HP accepts the order.
g) Provisions herein which by their nature extend beyond the termination of any sale or license of
Products or Support will remain in effect until fulfilled.
h) If any term or provision herein is determined to be illegal or unenforceable, the validity or
enforceability of the remainder of the terms or provisions herein will remain in full force and
effect.
i) Customer will not register or use any internet domain name which contains RP's trademarks (e.g.
"HP", "hp" or "Hewlett-Packard") in whole or in part or any other name which is confusingly
similar thereto.
J) These HP Terms and Conditions of Sale and Service and any Exhibits constitute the entire agreement
between HP and Customer, and supersede any previous communications, representations or agreements
between the parties, whether oral or written, regarding transactions hereunder. Customer's i -
additional or different terms and conditions will not apply. Customer's purchase or license of
Products and Support will constitute Customer's acceptance of these HP Terms and Conditions of
Sale and Service, which may not be changed except by an amendment signed by an authorized
representative of each party.
B16 Page6/6
Revision Dare 01-Jul-2001 Rev-don Number 8
•
•
SIGNATURE AUTHORi1ZATION METHOD (SAM)
X74°
The Signature Authorization Method (SAM) may be used to order Hewlett-Packard Company (HP) Support Services ONLY IF A
PURCHASE ORDER IS NOT REQUIRED TO AUTHORIZE SERVICE DELIVER:' AND REMIT PAY1vIENT.
(1) Cueower Information
Company Name
BRAZOS COUNTY DEPT OF IT
(2) Colitmict Information
System Handle:
HP Reference Number:
Equipment Location Address
202 E 27th St Ste 102
Bryan TX 77803-3980
BRAZOSN400D
40026256
Coverage Period: 10/252002 - 1024/2003
[,This contract is accepted with no revisions.
[ ] Are you requesting REVISIONS? Contact your Support Agreement Specialist. A proposal will be re-issued to reflect your changes
and associated pricing, if any. A new SAM form will be provided for your authorization.
[ ] Check here if your authorization is open-ended. *
* The terms within the astelisks apply only to open-ended Support Agreements.
***This Support Agreement is for the period stated on Hp's proposal. It will be extended without modification by consecutive term's of
12 months unless one of the parties gives written notice in accordance with the underlying business terms prior to the end of the
, respective 12 months.
If modifications of the Support Agreement are necessary, HP will notify Customer in writing 60 days before the modifications are
effective. Customer may terminate this Support Agreement within 30 days from receipt of notice. If Customer does not exercise this
right of termination, this Support Agreement will be continued to the end of the current term with the modifications, and o tended by
consecutive 12-month terms. Re-pricing will occur automatically without further authorization.***
(3) Tax Informatioq~
[ ] Taxable [ ax Exempt Exemption # 7 4 - 6 0 0 0 - 4 3 3 (Attach copy of certificate)
(4) Payment Method
Do not enclose Payment. Please select one of the following:
Please bill me: "mually [ ] Quarterly (total annual amount must exceed $500)
[ ] Semi-Annually [ ] Monthly (total annual amount must exceed $500)
(5) Service Authorization and Terms and Conditions
Customer's signature on this form constitutes authorization for HP to invoice Customer for the referenced support identifier. Services
are subject to HP Terms and Conditions of Sale and Service, Exhibit E16, and HP System Support, Exhibit SS5. Cancellation requires
30 days written notice. Payment is due 30 days from HP's invoice date.
Authorized Signa ure Date
Invoice-To Address (if different from Equipment Location)
Alvin W. Jones, County Judge 979/361-4102
Printed Name Title E-mail Address Phone/Fax
(6) Completed form should be returned to:
Hewlett-Packard Company Charles Matt Harkins
8000 Foothills Blvd MS 5536 1-800-386-1115 X56034
ROSEVILLE, CA 95747-5536 1-800-307-0361 (FAX)
- 15 2J
0
Support Quote Overview
[~P]a
Support Agreement ID: 313570137
Special Terms and Conditions No: S
Customer Address:
BRAZOS COUNTY DEPT OF IT
202 E 27TH ST STE 102
BRYAN TX 77803-3980
Hewlett-Packard Address:
HEWLETT-PACKARD COMPANY
8000 Foothills Blvd MS 5536
ROSEVILLE CA 95747-5536
Customer Contact: HP Contact:
ERNIE LANEY Charles Matt Harkins
Tel. (979) 361-4409 Tel: 1-800386-1115
Fax: Fax: 1-800-307-0361
The quoted prices are valid for 90 days from: 07/2612002
For Support, please cell: 800-633-3600
For more Information on the format of this document visit www.hp.com/go/hpsdoes
Subiect to Hewlett-Packard Company (HP) Terms and Conditions of Sales and Service Exhibit E16 and HP System Support Exhibit SS5.
H5355A HP System Support Service Provides
hardware support, software usage
assistance, software update licenses if
applicable, & access to HP
SupportLine. See options for network
BRAZOSN4000 H5355A 10/25/2002 10/24/2003 BRAZOSN4000 38,487 35
Total Excluding Taxes 38,487.35
Summary of Charges
Hardware Support 34,059.35
Software Support - Right to Use 1,128.00
Software Support-Labor 2,67600
Software Support-Materials 624 00
Total Excluding Taxes 38,487.35
Total excludes all taxes, however, taxes will be added at the time of invoicing at the current tax rate.
Total price includes all discount and adjustments if applicable.
Refer to the detail document for state & local tax
VIOL, /_1111
I 0 : 20]2
Of
The Prices shown will be invoiced yearl in advance.
21
.3J, re IR
tin
•
•
•
Support Services Quote
Special Terms and Conditions No: S
Your PO Reference:
CCRN Number: 0300787560
Equipment Address:
BRAZOS COUNTY DEPT OF IT
202 E 27th St Ste 102
Bryan TX 77803-3980
System Handle: BRAZOSN4000
HP Reference Number: 40026256
Software Update Address:
BRAZOS COUNTY DEPT OF IT
202 E 27TH ST STE 102
BRYAN TX 77803-3980
Hardware Contact: Software Contact:
TOM GOLSON TOM GOLSON
Tel- (979) 361-4468 Tel* (979) 361-4468
Fax. Fax,
The quoted prices are valid for 90 days from: 07/26/2002
Coverage from: 10/25/2002 to: 10/24/2003
For Support, please call: 800.633-3600
Support Services
H5355A HW, SW, and Network Support
Central System to Support Grp
4 hr On-site Response, 24x7
Network Support Declined
Manuals on CD-ROM
SW upd. on CD-ROM
240 SW Stipp Phone-in covrg
N4XXX / 1-2 CPUs
Hardware Support
A4902AR
Rmkt HP9000 Std Rack System E41
1
0 00
A3639AR
Rmkt HP 9000 N-Class Entorpnso Server USM392711B
1
459 00
A5500AR
Rmkt 440 MHz PA-RISC 8500 CPU 1 5MB
1
111 00
A5500AR
Rmkt 440 MHz PA-RISC 8500 CPU 1.5MB
1
111 00
A516SAR
Rmkt Processor Support Module
1
0.00
A4882A
N-Class Memory Carrier Board
1
0 00
A5531AR
Rmkt 18GB HotPlug Ultra2 SCSI LP Disk
1
0 00
A5531AR
Rmkt 18GB HotPlug Ultra2 SCSI LP Disk
1
0.00
J2501A
16 port RS-422 RJ45 Port Module
1
0 00
A5159A
Dual Port FWD SCSI (PCI Bus) adapter
1
0 00
A5171AR
Rmkt Redundant Sys HotSwsp Power Supply
1
0 00
A2998A
HP Powelrtust UPS (onduleur)
1
0.00
C1064W
HP 700/96 terminal, 14" white display
1
9 00
A5170AR
Rmkt N-Class rack mount kit for HP Rack
1
0 00
A5277A
SureStore E Disk Array FC60
1
379 00
A5277Ap204
Dual Controller, 256MB Cache
1
0.00
A5282A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
4400
0
Special Terms and Conditions No: S
Your PO Reference:
CCRN Number: 0300787560
A5282A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44 00
A5282A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44.00
A5292A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44.00
A5292A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44 00
A5282A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44 00
A5282A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44.00
A5282A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44 00
A5282A
Add On 18.2GB IOK RPM Ultra2 SCSI Drive
1
44 00
A5292A
Add On 18.2GB 10K RPM Ultre2 SCSI Drive
1
44 00
A5282A
Add On 18.2GB IOK RPM Ultra2 SCSI Drive
1
44 00
A5282A
Add On 18.2GB IOK RPM Ultra2 SCSI Drive
1
44 00
A5282A
Add On 18.2GB IOK RPM Ultr92 SCSI Drive
1
44 00
A5282A
Add On 18.2GB 10K RPM Ultra2 SCSI Drive
1
44 00
A5292A
Add On 18.2GB IOK RPM Ultra2 SCSI Drive
1
44.00
A3511A
FC SCSI Multiplexer Field Upgrade
1
248.00
A5294A
SureStore E Disk System SC10 for FC60
USMM000479
1
12.00
A5294A
SureStore E Disk System SCIO for FC60
USMM001004
1
12.00
C4318SZ
SMART Family Full Height Enclosure
1
36 00
C4318SZt1108
DVD-ROM Drive Factory Racked
1
12.00
C6369A
SMART Field Int. LVD DDS4 DAT module
1
55 00
A5585A
HP SureStore E Tape Llbn ry 4/40 Rackmt
GPGGM000517
1
562 00
A5589A
HP SureStore E DLT 8000 Tape Drive
1
78.00
A5589A
HP SureStore E DLT 8000 Tape Drive
1
78.00
A4923AR
Rmkt 1024MB High Density SyncDRAM Memory
I
0 00
A5272A
SureStore E Disk System SCIO
1
12 00
A5272A#001
Add On Ultra2 SCSI Bus Control Card
1
0.00
A3740A
PCI Fibre Channel Adapter
1
0.00
A3740A
PCI Fibre Channel Adapter
1
0 00
A3740A
PC[ Fibre Channel Adapter
1
0 00
A6749A
PC[ 64 port serial MUX adapter
1
0.00
A6749A
PCI 64 port serial MUX adapter
1
0.00
A5282AR
Rmkt add on 18.2GB IOK RPM Ultra2 SCSI
PHMM015515 10118/20113
1
44 00
A5292AR
Rmkt add on 18.2GB IOK RPM Ultra2 SCSI
SG92R07627 10/1812003
1
44 00
A5292AR
Rmkt add on 18.2GB lUK RPM Ultra2 SCSI
SC-UR52061 10/18/2003
1
44.00
A5282AR
Rmkt add on 18.2GB 10K RPM Ultra2 SCSI
SGS4R58597 I0/1812003
1
44 00
A5282AR
Rmkt add on 18.2GB IQK RPM Ultra2 SCSI
SGS4R52060 10/18/2003
1
44 00
A5864AR
Rmkt 2048MB High Density SyocDRAM Memory 1011812003
1
0 00
A3763AR
Rmkt 512MB High Density Sync DRAM Memory 10118/2003
2
0 00
Sub-total
3,05400
Software Support -
A6749A PC[ 64 port serial MUX adapter 2 0 00
U2093A HP 9000 SW Phone-In Assistance 1 84.00
B3920EA HP-UX Operating System Media for Servers 1 46.00
U S - English localtzanon
84153A UPS Mgr. H UPS Mgmt. SW for HP-UX, LTU 1 22.00
The Prices shown will be invoiced vear(v to advance.
Special Terms and Conditions No: S • • • ^
Your PO Reference:
CCRN Number: 0300787560
is
l~
u
96951AA OV OB Cell Mgr HP-UX 1 Drive, LTU
1
82.00
B6131AA OV GlancePlus Pak 2000, Tier 1 Serv.,LTU
1
62 00
B3701AA OV Glance+ Pak 2000 for HP9000 Servers MM
1
0.00
B6953AA OV OB 1 Drive for UNIX, LTU
1
73 00
Sub-total
369 00
Total Monthly Price for BRAZ.OSN4000
3,423.00
Summary of Charges
Hardware Support
3,05400
Hardware Support Tax TX
000
Software Support - Right to Use
94 00
Software Support - Right to Use Tax TX
000
Software Support-Labor
223 00
Software Support-Labor Tax TX
000
Software Support-Materials
52 00
Software Support-Matenals Tax TX
0.00
TOTAL INCLUDING TAX
3,423.00
Taxes have been added at current rate, however, tax rates will be those in effect at the time
of invoicing.
Total price includes all discounts and adjustments.
Hardware products ender warranty
A5282AR
Rmkt add on 18 2GB IOK RPM Ultrs2 SCSI
PHMM015515
A5282AR
Rmkt add on 18 20B JOK RPM Ultre2 SCSI
SGS2R07627
A5282AR
Rmkt add on 18.2GB ]OK RPM Ultra2 SCSI
SGS4R52061
A5282AR
Rmkt add on 18 2GB IOK RPM Ultra2 SCSI
SGS4R58597
A5282AR
Rmkt add on 18 2GB IOK RPM Ultra2 SCSI
SGS4R52060
A5864AR
Rmkt 2048MB High Density SyncDRAM Memory
A3763AR
Rmkt 512MB High Density Sync DRAM Mcmory
The Prices shown will
09/1812002
10/17/2003 1
09/18/2002
10/17/2003 1
09/18/2002
10/17/2003 I
09/18/2002
10/17/2003 1
09/18/2002
10/17/2003 1
09/18/2002
10/17/2003 1
09/18/2002
10/17/2003 2
0
Support Agreement ID: 313570137
Breakdown of charges for period: From: 10/25/2002 to: 10/24/2003
1
The Prices shown will be invoiced yearly in advance. Price in USD.
/1
THE'SOFTWARE GROUP
A TYLER TECHNOLOGIES COMPANY
October 31, 2002
•
uniVerse Database License 20 ea $445 $8,900
universe Software Support 7/1/02-6/30/03 170 ea $72 $12,240
uniVerse Software Support Prorated-6/30/03 20 ea $45 $900
~ :~F: r. SF~ _ r.• 1"r _q.l: ' k-. - :•,`~,y. .;q; .yi,..~ "~^ai.h,',` ¢~.%"t..~=.a _~-.:h. ~ i'•'L+,~ ;'75.''~
_~~rl .y `t'~i_s-'~~~'r~.~v~•~_,~J-~.rtii-~~_~''}_a~~1~.:.'y~.~'~~!'=:~'s''~~_ _~~.-~uS:17 i 1 1
The Software Group
Jupiter North Technology Park
1120 Jupiter
Suite 100
Plano, Texas 75074
(972) 424-1579
(972) 422-4068 fax
Prepared by Ron Davis
Purchase Agreement
for
Brazos County
Brazos County
A,-M4 lid ..mac v..Q S
Purchase Authorized by (please prinU
Signal
&VeWL":m0c"Z~
Date
Page 1 of t
/V/S
0
t # Brazos County Department of Information Technology
202 East 27th Street, Suite 102, Bryan, Texas 77803
Voice: 979.361.4310 Fax: 979.361.4408
Memorandum
TO: Commissioner's Court
FROM: Ernie Laney, Interim Director 01~4
DATE: October 2"d, 2002
SUBJECT: Agenda Item for October 8th
Please consider this request to renew the Novell Master License Agreement for
fiscal year 2003.
MLA Membership Number: 127347-M5X0804 $16,792.50
This is the software licensing agreement for the Novell Network software used on
the County's PCs.
Funding for this agreement was approved during the IT department's FY2003
Budget hearing.
i~
he 1
~aiz.r<
• SHI Quote # 309020
SHI-Government Solutions
Brazos County
Anita Lee
202 E. 27th Street, Suite 102
Bryan, TX 77803
Phone: 409-361-4310
Fax:409-361-4408
Pricing Proposal
Quotation 309020
Quote Valid Until: 10/31/2002
SHI-Government Solutions
Account Exec
Darron Gross
SHI Government
Solutions
-12 Ca ital s y South
Build' uite 350' in, TX 7874 Q~ D ~a
Phone: 800-50995
Fax: 512-732-0232
V,~~r lo~
Your
Qty Price Total
is All Prices are in US Dollar (USD)
Product
u
1 Netware Node Maintenance
Mfg Part#: MNT-005178-001
Note: Server-based licensing no longer available... please let me
know if user count is incorrect
550 20.83 11,456.50
2 ZENworks for Desktops user Maintenance 550 7.81 4,295.50
Mfg Part#: MNT-005160-001
3 NDS Authentication Svcs for Unix 50 3.65 182.50
Mfg Part#: MNT-004963-001
4 ZENworks for Desktops Preboot Services Maintenance 550 1.30 715.00
Mfg Part#: MNT-005162-001
5 Novell eDirectory User Maintenance
Mfg Part#: MNT-005187-001
550 0.26 143.00
Total 16,792.50
1 of 2
10/212002 2:38 PM
0
SHI Quote # 309020
Additional Comments
Novell Master License Agreement Maintenance for the period: Sept. 1, 2002 - August 31, 2003
YOUR NEW MLA MEMBERSHIP NUMBER IS: 127347-M5X0804 PLEASE REFERENCE
THIS NUMBER ON YOUR PURCHASE ORDER
please submit this quote along with your purchase order.
37 1
2 of 2 , 10/2/2002 2 38 PM
_
• Image Management Plus Agreement Number: IOSCapital'
'[hank you for choosing IKONI This agreement ("Agreement") has been written in clear, easy to understand language. Please take time to review the terms.
When we use "you" or'1yout", we are referring to you, our Customer. When we use "IKON", we are referring to IKON Office Solutions, Inc., which is the equipment
supplier and one of the largest distributors of office solutions in the world. When we use "we", "us", "our or "IOS Capital", we are referring to IOS Capital, Inc. the
wholly-owned captive finance subsidiary of IKON. Our principal corporate office is lasted at 1738 Bass Road, Macon, GA 31210.
CUSTOMEORMA/TI IO~~ Customer Billing Contact:
g] ~INF
Full Legal Name Phone (ext) Fax
er Location Address Customer Billing Address (if different)
mmow- rates 1x 77803
City County State Zap city County State zip
EQUIPMENT DESCRIPTION ("Equipment")
Quantit)v F.auiament Descrrvuon: Make, Model, & Serial Number Quantity Equipment Description. Make, Model & Serial Number
•
- - - fiaar. J S~De>b
FINiS r
~WuxtlL rr
13 Check if Additional Eounment Schedule attached
1 A11~11I1.1 V
Minimum Tetra (mos.)
Cost
Cost of Additional
Guaranteed
Advance Payment of
Meier Reading/Billing
For Additional Images
ra
Y
Per image
$ l~
images
Minimums
Monthly Images
$ D
Monthly
_Quarterly
MmisamtPaymeat
Payment Due:
10600
(tax mdudvo
Other
✓
I
to I'Pa
l
ment
A
WrthnASales,Useand
Monthly
y
y
pp
!
perty Tax
~
$ v
Quarterly
Other
ADDITIONAL PROVISIONS (test here, itany):
Sales Tax Exempt O Yes (Attach Exemption Certl6cate) Customer Billing Reference Number (P.O.#, eta)
Addendum Attached 0 Yea (Cheek if yes and Indicate total number of pages: )
TERMS AND CONDITIONS
L You agree to use the Equipment listed above and pay the sums described above. THIS AGREEMENT IS UNCONDITIONAL AND NON-CANCELABLE. You agree
to use this Equipment for the Minimum Term indicated above. You agree that the Equipment will be used solely for business purposes and not for personal, family,
or household purposes and the "Customer Location" is a business address. IOS's aoceptance of this Agreement, when given, will be indicated by its signature below.
2. Location of Equipment You will keep the Equipment at the customer location specified above. You must obtain our written permission, which will not be unreasonably
withheld, to move the Equipment With reasonable notice, you will allow us or our designee to inspect the Equipment. (You further agree that the additional terms and
conditions on the reverse side of this Agreement are incorporated by reference into this Agreement.)
AUTHORIZED SIGNER FOR CUSTOMER
THE PERSON SIGNING THIS AGREEMENT ON BEHALF OF THE CUSTOMER REPRESENTS HEISHE HAS THE AUTHORITY TO DO SO.
EMEMSEEM -4 - _ County Judge
PERSONAL GUARANTY In consideration of IOS Capital's entering into the above Agreement, I unconditionally guarantee that the Customer will make all
• payments and pay all other charges required under such Agreement when they are due, and that the Customer will perform all other obligations under the Agreement fully
and promptly. I also agree that IOS Capital may modify the Agreement or matte other arrangements with the Customer and I will still be responsible for those payments and
other obligations under the Agreement. I agree that IOS Capital need not notify me of any default under the Agreement and may proceed directly against me without first
proceeding against the Customer or the Equipment, in which event, I will pay all amounts due under the terms of the Agreement. In addition, l will reimburse IOS Capital
for any costs or reasonable attorney fees incurred in enforcing its rights. This continuing guaranty is a guarmty of payment and not of collection. I CONSENT TO THE
VENUE AND NON-EXCLUSIVE JURISDICTION OF ANY COURT LOCATED IN EACH OF THE STATE OF GEORGIA AND THE STATE WHERE MY PRINCIPAL
PLACE OF BUSINESS OR RESIDENCE IS LOCATED TO RESOLVE ANY CONFLICT UNDER THIS GUARANTY.
Home Address:
1 81
1ilgil: 1! 1: -
Guarantor Signature City- State Zip:
(Printed Name of Guarantor, Do Not Include Title) [Tear on perforation]
Home Phone* S.SN..
DELIVERY AND ACCEPTANCE With respect to the Image Management Plus Agreement Number between IOS Capital, Inc and
as customer elyod), you hereby certify that each item of Equipment described therein has been delivered, installed and
accepted and you agree that each such item of Equipment is to good condition and satisfactory for all purposes of such Agreement.
Ownership of Equipment; Assignment' We ate the sole owner and tide bolder to the
Equipment. You will keep the Equipment free of all liens and ennmtbrances YOU
HAVE NO RIGHT TO SELL, TRANSFER, ENCUMBER, SUBLET OR ASSIGN
THE EQUIPMENT OR THIS AGREEMENT WITHOUT OUR PRIOR WRITTEN
CONSENT (which consent shall not be unreasonably withheld). You agree that we
may sell or assign say of our interests without nonce to you. In that event, the assignee
will have such rights as we assign to them but none of our obligations (we will keep
those obligations) and the rights of the assignee will not be subject to any claims,
defenses or set-offs that you may have against us If you have entered into a nainte-
naace, service or supply agreement with IKON, such agreement will remam in full
force and effect with IKON and will not be affected by any such assignment
L Taxes and Filing Costs In addition to the paymcnm under this Agreement, you agree
to pay all taxes, fees, and filing costs related to the use of the Equipment, even ifbilled
after the end of the term of this AgreanenL If we are required to file and pay property
tax, you agree to remnburse us. If you are required to file and pay the taxes directly to
the tax collector, we will notify you.
f. UCC Filing: To protect our rights in the Equipment in the event this Agreement is
determined to be a security agreement. you hereby grant to us a security interest in the
Equipment, and all proceeds, product, rent or profits from the sale, casualty lass or
other drsposuim thereof. You authorize ns to Elea copy of this Agreement as a futaw-
ing statement and appoint us or our designee as your attorney-in-tact to execute and
file, on your behalf, financing statements covering the Equipment At our request you
will sign and deliver such documents for filing purposes.
S. Warranties: We marsfer to you, without recourse, for the term of this Agreement. any
warranties made by the manufacturer with respect to the Equipment. Since we are a
finance company and neither the manufacturer nor the distributor of the Equipment,
WE MAKE NO WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING WAR-
RANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR FOR A PAR-
TICULAR PURPOSE.
7. Maintenance of Our Equipment and Agency: You agree to install (if required), use
and maintain the Equipment in accordance with manufacturers' or IKON's specifica-
ham and to use only those supplies which meet such specifications. You will keep
the Equipment in good condition, except for ordinary wear and tear. If you have con-
tracted for maintenance and support activities from TKON, MON alone is responsible
for all of those seances IKON and IOS Capital are not agent for each other.
B. Indemnity. Liability and Insurance: (a) The parties to this Agreement will indemnify,
defend and hold each other harmless from all losses, damages, claims, suit and
actions (including court cost and reasonable attorneys' fees) ("Claims arising out
of any breach of this Agreement except to the extent caused by time negligence or
intentional act or omissions of the other Notwithstanding anything to the oontrary, in
no event shall we be. liable to you for any trduect, special or consequenual damages.
(b) Because you have possession and control of this Equipment, you are fully respon-
sible for any Claim or other damage injury or loss caused by (or m) the Equipment or
other property resulting from the use, misuse or possession of the Equipment or any
accident or other casualty relating to the Egmpn=t We are responsible for damage
or injury to thud persona when the damage or injury is caused exclusively by our neg-
ligent act or omsamons. You agree to maintain insurance to cover the Equipment and
will time us as an additional insured and loss payee on your insurance policy. If you
fail to provide evidence of insurance reasonably satisfactory to us, you authorize us to
obtain coverage on your behalf and you agree to pay for this coverage. In the mat
of loss or damage to the Equipment, you agree to remain responsible for the payment
obligations under this Agreement until the payment obligations are Hilly satisfied
9. Renewal and Return of Equipment. After the minimum term or any e> ' son, this
Agreement will renew on a month.to-month basis unless you notify us in writing at
lest 30 days prior to the expiration of the minimum term or extension. You must pay
any additional payment due until the Equipment is returned by you and is received
in good oondrnuo and working order by us or our designees. IKON well bear shipping
charges so long as replacement Equipment is selected from MON
30. Payments: Payments will begin on the delivery date. You agree to pay us each pay-
, when it is due, and if any payment is more than 10 days late, you agree to pay a
late charge of 5% or $5 (whichever is greater, but not to exceed the maximum amount
allowed by applicable law) on the overdue amount. You also agree to pay $25 for each
chock returned for insufficient fiords or any other reason.
11. Default IF YOU DO NOT PAY ANY AMOUNT WHEN DUE, OR BREACH
ANY OTHER TERM OF THIS AGREEMENT, YOU ARE IN DEFAULT
IF YOU DEFAULT, WE HAVE THE RIGHT TO EXERCISE ANY AND ALL
LEGAL REMEDIES AVAILABLE TO US BY APPLICABLE LAWS, INCLUDING
ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. YOU WAIVE ANY
AND ALL RIGHTS AND REMEDIES AS A CUSTOMER OR LESSEE THAT YOU
HAVE UNDER ARTICLE 2A AGAINST US (BUT-NOT AGAINST THE MANU-
FACTURER, ANY VENDOR OF THE EQUIPMENT OR IKON) Additionally,
we aie entitled to all past due paymerits and we may accelerate and require you to
immediatety pay us the future payments due under the Agreement present valued at the
discount rate of 6°/. to the date of default plus the present value (at the same dts mmt
rate) of our anticipated value of tho equipment at the end of the term of this Agreement
We may repossess the Equipment and pursue yon for any deficiency balance after ds-
posing the Equipment, all to the extent permitted by law. You waive the rights you
may have to notice before we setae any of the Equipment You agree that all rights and
remedies are cumulative and not exchwive. You pmrnise to pay reasonable anomey
fees and any cost associated with any action to enforce this Agar =t. This action will
not void your responsibility to raintain and care for the Equipment, nor will IKON be
table for any action taken on or behalf. Default also includes your becoming msol-
vent, assigning assets for the benefit of eredutots, fibng for bankruptcy protection or
failure of the guarantor to honor its commitment If we take possession of the Equip-
menk we agree to sell or otherwise dispose of it under such terms as may be accept-
able to us in our discretion with or without nonce, at a public or private disposition,
and to apply the net proceeds (after we have deducted all costs, including reasonable
attorneys' fees) to the amounts that you owe us. You will remain responsible for any
deficiency that is due after we have applied any such net proceeds.
12. Business Agreement and Choice of Law: YOU AGREE THAT THIS AGREEMENT
WILL BE GOVERNED UNDER THE LAW FOR THE STATE IN WHICH OUR
PRINCIPAL CORPORATE OFFICE IS LOCATED. YOUALSO CONSENTTOTHE
VENUE AND NON-EXCLUSIVE JURISDICTION OF ANY COURT LOCATED IN
EACH OF THE STATE OF GEORGIA AND THE STATE WHERE YOUR PRINCI-
PAL PLACE OF BUSINESS OR RESIDENCE IS LOCATED TO RESOLVE ANY
CONFLICT UNDER THIS AGREEMENT. WE BOTH WAIVE THE RIGHT TO
TRIAL BY JURY IN THE EVENT OF A LAWSUIT.
13. No Waiver or Set off, Entire Agreement, Delivery & Accepts= Certificate, Vendor
Contract. You agree that our delay, or failure to exercise any rights, does not prevent
us from exercising them at a later time If any part of this Agreement is found to be
invalid, then it shall not invalidate any of the other parts and the Agreement shall be
modified to the minimum extern as permitted by law. ALL PAYMENTS TO US ARE
"NET" AND ARE NOT SUBJECT TO SLIT OFF OR REDUCTION. This Agreement
represents the enure agreement (including addendums referenced on the face of this
Agreement which are signed and attached) between us and you. Neither of us will be
bound by any amendment, waiver, or other change unless agreed to in writing and
signed by both. Any purchase order. or other ordering documents will not modify or
affect this Agreement, nor have any other legal effect and shall serve only the purpose
of identifying the equipment ordered You agree to sign and return to ins a delivery
and acceptance certificate within 3 business days after any Equipment is delivered
You agree that either (a) you have reviewed, approved, and received, a copy of the
equipment anppher coanact covering the Equipment we acquired from the equipment
supplier, or (b) that we have informed you by this writing of the identity of the equip-
merit supplier, that you may have rights under the equipment supplier contrect, and that
you may contact the egmpmerit supplier for a description of those rights
14. Image Chargea/MUers: In return for the Mmmmum Payment you are entitled to use the
number of Guaranteed Minimum Monthly Images. If you use more than the Guaran-
teed Minimum Monthly Images in any month, you will additionally pay a charge equal
to the number of additional metered images times the Cost of Additional Images.
If we determine that you have used name than 20% over the manufactiaer's recom-
mended specifications for supplies, you will pay reasonable charges for those excess
supplies The meter readmg frequency is the period of time (monthly, quarterly,
etc.) for which the number of umages used will be reconciled. The meter reading
frequency and corresponding additional charges, if any, may be different than the
Minimum Payment frequency. You will provide as or or designee with the aerial
meter readin g upon request. If such mete reading is not received within 7 days, we
may estimate the number of images used. Adjustment for estimated charges for addu-
honal images will be trade upon receipt of actual meter readings. Notwithstanding any
adjustment, you will never pay leas than the Minimum Payment
15. Counterparts, Facaimrles. This Agreement may be executed in counterpart. The coun-
terpart which has our original signature and/or is in our possession shall constitute
chattel paper as that term is defined in the Uniform Commercial Code C'UCC") and
shall constitute the single true original agreement for all purposes. if you sign and
transmit this Agreement to us by facsimile, the facsimile image as received by us shall
be binding against you as if it were manually signed. However, no facsimile or other
version of this Agreement shall be binding against us until manually signed by us You
agree to dehver the facsimile version of any counterpart of this Agreement with your
original signature upon our request
Accepted by IOS Capital, Inc :
Image Management Plus Agreement 5.01
Name Authorized Sigaer Tide Date
(e 7
t.
•
•
Image Management Plus Agreement Number: IQS Capital"'
Thank you for choosing IKON! This agreement ("Agreement") has been written in clear, easy to understand language. Please take time to review the terms.
When we use "yoe or `gout", we are referring to you, our Customer. When we use "IKON", we are referring to IKON Office Solutions, Inc., which is the equipment
supplier and one of the largest distributors of office solutions in the world. When we use "we", "us", "our" or "IOS Capital", we are referring to LOS Capital, Inc. the
wholly-owned captive finance subsidiary of IKON Our principal corporate office is located at 1738 Bass Road, Macon, GA 31210.
CUSTOMER INFORMATION Customer Billing Contact:
ra
Full Legal Name Phone (ext) Fax
r+I.~
F;,'ij-hcr
1 y6 e.;,
❑ Check if Additional Pmuinmern Schedule attached
Customer Billmg Address (if different)
City County State Zip
Quantity Equipment Description. Maim, Model & Serial Number
Customer Location Address
5r f4,., 'gcaU Tal 77beg
City County State Zip
EQUIPMENT DESCRIPTION ("Equipment")
ouanntr E m i-t Dewrmtioa- Make. Model & Serial Number
DANJA"NT Qrq =1r%TTT Ti
• Minimum Tent] (mos.)
J $
4
Cost
Per Image
s A!LA
Cost of Additional
Images
S . oo`Z
Cmaranteed
Minimums
Monthly Images
Advance Payment of
O. CIP,
Meter Reading/BWing
For Additional Images
_Monty
Y
MmmumtPayment
l
W
t
S
U
d
Payment Due:
Z~ uod
(tax included)
ment
l
to 14 Pa
A
Other
-
se an
it
wat
a
es,
v l&thly
y
y
pp
$ 4~Z
_Quarterly
Other
ADDITIONAL PROVISIONS pint here, if any):
Sales Tax Exempt A'Yes (Attach Exemption Certificate) Customer Billing Reference Number (P.O.#, etc.)
Addendum Attached O Yes (Cheek if yes and Indkate total number of pages: )
TERMS AND CONDITIONS
1. You agree to use the Equipment listed above and pay the soma described above. THIS AGREEMENT IS UNCONDITIONAL AND NON-CANCELABLE. You agree
to use this Equipment for the Minimum Term indicated above. You agree that the Equipment will be used solely for business purposes and not for personal, family,
or household purposes and the "Customer Location" is a business address. IOS's acceptance of this Agreement, when given, will be indicated by its signauire below.
2. Location of Equipment: You will keep the Equipment at the customer location specified above. You must obtain our written permission, which will not be unreasonably
withheld, to move the Equipment With reasonable notice, you will allow us or our designee to mspect the Equipment (You further agree that the additional te®a and
conditions on the reverse side of this Agreement are incorporated by reference into this Agreement)
AUTHORIZED SIGNER FOR CUSTOMER
THE PERSON SIGNING THIS AGREEMENT ON BEHALF OF THE CUSTOMER REPRESENTS HEISHE HAS THE AUTHORITY TO DO SO.
County Judge
~.."r..r~ c:._~ e....._....•.r 1A,nh sd Sinner Printed N (Authorized Sinner Title)
• PERSONAL GUARANTY In consideration of IOS Capital's entering into the above Agreement, I unconditionally guarantee that the Customer will snake all
payments and pay all other charges required under such Agreement when they are due, and that the Customer will perform all other obligations under the Agreement fully
and promptly. I also agree that IOS Capital may modify the Agreement or make other arrangements with the Customer and I will still be responsible for those payments and
other obligations under the Agreement I agree that IOS Capital need not notify me of any default under the Agreement and may proceed directly against me without first
proceeding against the Customer or the Equipment, in which event, I will pay all amounts due under the terms of the Agreement In addition, I will reimburse LOS Capital
for any costs or reasonable attorney fees incurred in enforcing its rights. This continuing guaranty is a guaranty of payment and not of collection. I CONSENT TO THE
VENUE AND NON-EXCLUSIVE JURISDICTION OF ANY COURT LOCATED IN EAGH OF THE STATE OF GEORGIA AND THE STATE WHERE MY PRINCIPAL
PLACE OF BUSINESS OR RESIDENCE IS LOCATED TO RESOLVE ANY CONFLICT UNDER THIS GUARANTY.
Guarantor Signature
(Printed Name of Guarantor, Do Not Include Title) [Tear on perforation]
Home Address:
City:
State: Zap:
Home Phone: S.S.N.:
DELIVERY AND ACCEPTANCE With respect to the Image Management Phis Agreement Number between IOS Capital, Inc and
as customer ( you'), you hereby certify that each item of Equipment described therein has been delivered, installed and
accepted and you agree that each such item of Equipment is in good condition and satisfactory for all purposes of such Agreement
Authorized Signer hi 4L ~ 1
0
3. Ownership of Equipment; Assignment We are the sole owner and title holder to the
Equipment You will keep the Equipment fide of all liens and'encumbrances YOU
HAVE NO RIGHT TO SELL, TRANSFER, ENCUMBER, SURLET OR ASSIGN
THE EQUIPMENT OR TIES AGREEMENT WITHOUT OUR PRIOP WRITTEN
CONSENT (which consent shall not be unreasonably withheld). You agree "It we
may tell or assign airy of our interests without notice to you. In that event, the assigdee
will have such rights as we assign to them but time of our obligations (we will keep
those obligations) and the rights of the assignee will not be,subject to any claims,
defenses or setoffs that you may have against us If you hum entered into a mainte-
mnce service or supply agreement with IKON, such agreement will remain in full
force and effect with IKON and will not be affected by any such assignment.
4. Taxes and Filing Con In addition to the payments under this Agteemen% you agree
to pay all taxea, fees, and filing costs related to the use of the Equipment, even of billed
aflta the end of the term of this Agreement. If we are required to file and pay property
tax, yon a&w to reimburse us If you are required to file and pay the taxes directly to
the tax collector, we will notify you.
5 UCC Filing. To protect our rights in the Equipment in the event this Agreement is
determined to be a security agreement, you hereby grant to us a security inec est in the
Equipment, and all proceeds, products, rent& or profits from the We, casualty loss or
other disposition thereof You authorize us to file a copy of this Agreement as a financ-
ing statement and appoint us or our designee as your attorney-uffad to execute and
file, on your behalf; financing staI ents covering the Equipment At our request you
will sign and deliver such documents for filing purposes.
6. Watrantrea: We transfer to youf, without reooutrae, for the term of this Ageement, any
warranties made by the menaf items with respect to the Equipment Since we are a
finance company and neither the manufacturer nor the dnstnl mrr of the Equipment,
WE MAKE NO WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING WAR-
RANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR FOR A PAR-
TICULAR PURPOSE.
7. Mamiensnce of Our Equipment and Agency: You ages to install (if required), use
and maintain the Equipment in accordance with manufacduurs' or IKON's specific s-
tions and to use only those supplies which meet such specifications. You will keep
the Equipment in good condition, except for ordinary wear and tear. If you have con-
tracted for maintenance and support activities firm IKON, IKON alone is responsible
for all of those services. IKON and IOS Capital are not agents for each other.
R Indemnity, Liability and Insurance: (a) The parties to this Agreement will indemnify,
defend and hold each other harmless from all buses, damages, claims, suits and
actions (including court costs and reasonable attorneys' fees) (Guinn arising out
of any breach of this Agreement except to the extent caused by the negligence or
inb=onal acts or omissions of the other. Notwithstanding anything to the contrary, in
no event shall we be liable to you for any indirect, special at consequential damages.
(b) Because you have possession and control of this Equipment, you are fully respon-
sible for any Claim or ether damage, injury or loss caused by (or to) the Equipment or
other property resulting from the use, misuse or possession of the Equipment or any
accident or other casualty relating to the Equipment. We are responsible for damage
or injury to third persons when the damage or mjury is caused exclusively by our neg-
ligent acts or omissions. You agree to midown insurance to cover the Equipment and
will name us as an additional insured and loss payee on your insasnce policy, If you
fail to provide evidence of insurance reasonably satisfactory to us, you authorize us to
obtain coverage on your behalf and you agree to pay for this coverage in the event
of lass or damage to the Equipment, you agree to remain responsible for the payment
obligations under this Agreement until the payment obligations are fully satisfied.
9. Renewal and Rennin of Equipment: After tae minimum tern or any extension, this
Agreement will renew on a month-to-month basis unless you notify us in writing at
least 30 days prior to the expiration of the minimum term or extension. You must pay
any additional payments doe until the Equipment is returned by you and is received
in good condition and working order by us or our designees. IKON will bear shipping
charges so long as replacement Equipment is selected from IKON.
10. Payments: Payments will begin an the delivery date. You agree to pay us each pay-
meut when it is due, and if any payment is more than 10 days late, you agree to pay a
late charge of 5% or $5 (whichever is greater, but not to exceed the maxlmrmn amount
allowed by applicable law) on the overdue amount You also agree to pay $25 for each
cheek returned for insufficient funds or any other reason.
11. Default. IF YOU DO NOT PAY ANY AMOUNT WHEN DUE, OR BREACH
ANY OTHER TERM OF THIS AGREEMENT, YOU ARE IN DEFAULT.
IF YOU DEFAULT, WE HAVE THE RIGHT TO EXERCISE ANY AND ALL
LEGAL REMEDIES AVAILABLE TO US BY APPLICABLE LAWS, INCLUDING
ARTICLE ZA OF THE UNIFORM COMMERCIAL CODE. YOU WAIVE ANY
Accepted by IOS Capital, Inc..
AND ALL RIGHTS AND REMEDIES AS A CUSTOMER OR LESSEE THAT YOU
HAVE UNDER ARTICLE 2A AGAINST US BUT NOT AGAINST THE MANU-
FACTURER, ANY VENDOR OF THE EQUIPMENT OR IKON). Additionally,
we ate entitled to all past due payments and we may accelerate and regmre you to
immediately pay us the future paymentsdue under the Agreement present valued at the
discount rate of 6% to the date of default plus the present value (at the same discount
rate) of our anticipated value of the equipment at the end of the term of this Agreement.
We :ray repossess the Equipment and pursue you for any deficiency balance after dis-
posing the Fgmpment,'ill to the extent permitted by law You waive the rights you
may have to notice before we seize any of the Equipment You agree that all rights and
remedies are cumulative and not exclusive. You promise to pay reasonable attorney
files and any cost associated ivitu any action to enforce this Agreement This action will
not void your responsibility to mahnt3 r. vd care for the Equipmn , nor will IKQN be
liable for any action taken on our behalf. Default also includes your becoming insol-
vent, assigning assets for the benefit of creditors, filing fbr bankruptcy protection or
failure of the guarantor to honor its commitment If we twee possession of the Equip-
ment, we agree to sell or otherwise dispose of it under such terms as may be accept-
able to us in our discretion with or without notice, at a public or private disposition,
and to apply the net proceeds (after we have deducted all costs, including reasonable
attomeys' fees) to the amoum s that you owe us You will retrain respamsble for any
deficiency that is due after we have applied any such net procbeds
17- Business Agreement and Choice of law YOU AGREE THAT THIS AGREEMENT
WILL BE GOVERNED UNDER THE LAW FOR THE STATE IN WHICH OUR
PRINCIPAL CORPORATE OFFICE IS LOCATED. YOUALSO CONSENT TO THE
VENUE AND NON-EXCLUSIVE JURISDICTION OF ANY COURT LOCATED IN
EACH OF THE STATE OF GEORGIA AND THE STATE WHERE YOUR PRINCI-
PAL PLACE OF BUSINESS OR RESIDENCE IS LOCATED TO RESOLVE ANY
CONFLICT UNDER THIS AGREEMENT. WE BOTH WAIVE THE RIGHT TO
TRIAL BY JURY IN THE EVENT OF A LAWSUIT.
13. No Waiver or Set off; Entire Agreement Delivery & Acceptance Certificate; Vendor
Contract You agree that our delay, or failure to exercise any nghts, does not prevent
us from exercising them at a later time If any part of this Agreement is found to be
invalid, then it shall not invalidate any of the other parts and the Agreement shall be
modified to the minmurn extent as permitted by law. ALL PAYMENTS TO US ARE
"NET' AND ARE NOT SUBJECT TO SET OFF OR REDUCTION. This Agreement
represents the entire agreement (including addendums refercnced on the face of this
Agreement which am signed and attached) between ns and you. Neither of us will be
bound by eery amendment, waiver, or other change unless agreed to in writing and
signed by both. Any purchase order, or other ordering documents will not modify or
affect this Agreement, nor have any other legal effect and shall serve only the purpose
of identifying the equipment ordered You agree to sign and return to us a delivery
and acceptance certificate within 3 business days after any Equipment is delivered.
You agree that either (a) you have reviewed, approved, and received, a copy of the
equipment supplier contract coveting the Equipment we acquired from the equipment
supplier, or (b) that we have informed you by this writing of the identity of the equip-
ment suppler, that you may have rights under the equipment supplier contract, and that
you may contact the equipment supplier for a description of those rights.
14. Image C hargeslMeoers In return for the Mbumurr Payment, you are entitled to use the
number of Guaranteed Minimum Monthly Images. If you use more than the Guaran-
teed Minimum Monthly images in any month, you will additionally pay a charge equal
to the cumber of additional metered images tunes the Coot of Additional Images.
If we determine that you have used more than 20% over the manufacturer's reoom-
mended specifications for supplrea, you will pay reasonable charges for these excess
supplies. The meter reading frequency is the period of time (monthly, quarterly,
etc) for which the number of images used will he reconciled. The meter reading
frequency and corresponding additional charges, if any, may be different then die
Minimum Payment frequency. You will provide ors or out designee with the actual
meter reading upon request If such meter reading is not received within 7 days, we
may estimate the number of images used. Adjustments for estimated charges for addi-
tional images will be made upon receipt of actual meta readings. Notwithstanding any
adjustment, you will never pay less tar the Minimum Payment
15. Counterparts; Facsimiles: This Agreement may be executed in counterparts. The coun-
terpart which has our original signature and/or is in our possession shall constitute
chattel paper as that farm is defined in the Uniform Commercial Code ("UCC") and
shall constitute the single true original agreement for all purposes If you sign and
transmit this Agreement to us by facsimile, the facsimile image as received by to shall
be binding against you as if it were manually signed. However, no facsmile or other
version of this Agreement shall be binding against us until manually signed by us. You
agree to deliver the facsimile version of any counterpart of this Agreement with your
original signature upon our request
Name Authorized Signer Title Date - Image Management Plus Agreement 5.01
165
uit>G~..~
E
•
BID TABULATION 2002-066
AGGREGATE FOR SURFACE TREATMENT
200212003 ANNUAL CONTRACT
10!1512002.10115/2003
LOADED
LOADED/
PLANT
BIDDERS
ONLY
HAULED
LOCATION
SAN MARCOS, TX
FM 2439 &
TYPE B, GRADE 3 estimated tonnage 1,000
9.50
23.00
FM 1102
TYPE B, GRADE 4 estimated tonnage 7,000
8.50
22.00
COMAL COUNTY
TYPE B, GRADE 5 estimated tonnage 1,500
9.50
23.00
72 HOUR DELIVERY
BRYAN,TX
TYPE B, GRADE 3 estimated tonnage 1,000
18.00
21.00
TYPE B, GRADE 4 estimated tonnage 7,000
17.00
20.00
HWY 21 WEST
TYPE B, GRADE 5 estimated tonnage 1,500
17.00
20.00
BRYAN
WALDE, TX
TYPE B. GRADE 3 estimated tonnage 1,000
10.50
30.33
TYPE B, GRADE 4 estimated tonnage 7,000
10.50
30.33
TYPE B, GRADE 5 estimated tonnage 1,500
10.50
30.33
UVALDE, TEXAS
RECOMMENDATION:
TYPE B, GRADE 3,LOADED ONLY
P: Colorado Materials
S: Martin Materials
TYPE B, GRADE 4, LOADED ONLY
P: Colorado Materials
S: Martin Materials
TYPE B, GRADE 5, LOADED ONLY
P: Colorado Materials
S: Martin Materials
TYPE B, GRADE 3, LOADED & HAULED
P: Young Contractors
S. Colorado Materials
TYPE B, GRADE 4, LOADED & HAULED
P: Young Contractors
S. Colorado Materials
TYPE B, GRADE 5, LOADED & HAULED
P: Young Contractors
S: Colorado Materials
AWARD DATE
fp.. g..
3_7
0
a
5
BID TABULATION 2002-065
_ PAVEMENT MARKERS AND STRIPING
-
2002/2003 ANNUAL CONTRACT
-
- -
-
-
- -
- -
-
10/15/2002-10/1
5/2003
' f11E11~
~ JA ow
M
.
N-LINE TRAFFIC MAINT
Unit Price
Total Price
1
20,000
LF
4" Reflectorized Markings SLD Re-stri a
0.18
3,600.00
2
5,000
LF
4" Reflectorized Markings BRK Re-strf a
0.20
1,000.00
3
80,000
I LF
4" Reflectorized Markings SLD La out
0.22
17,600.00
-
4
12,000
LF
4" Reflectorized Markings BRK La out
0.25
3,000.00
5
500
LF
12" Reftectorized Markin s SLD Re-stripe
0.50
250.00
6
500
LF
12" Reflectorized Markings SLD (Layout)
0.65
_
325.00
7
200
LF
18" Reflectorized Markings SLD Re-stri a
- 0.70
140.00
8
_ 200
LF
18" Reflectorized Markings SLD La ut
0.80
160.00
9
200
1 LF
24" Reflectorized Markings SLD Re-stri a
1.75
350.00
10
200 _ LF _
10 _ EA
24" Reflectorized Markings(SLD) (Layout)
4" Reflectorized Directional Arrow
2.00
10.00
400.00
100.00
_ 12
10
EA
8" Reflectorized Directional Arrow
60.00
_
600.00
13
-
.10
1 EA
4' Reflectorized Combination Arrow
10.00
100.00
14
10 1
EA
8' Reflectorized Combination Arrow -
^ 80.00
800.00
15
300
SO FT
Eliminate Eiasbn Pavement Markings
4.00
1,200.00
20
HR
Pressure Cleanin
50.00
1,000.00
17
2000
EA
4"Type II-AA Raised Reflective Pavement Markers
4.00
8.000.00
K
EA
4" T e 1-A Raised Reflective Pavement Markers
4.25
2,125.00
4
EA
Reflectorized Railroad Crossin
250.00
1 000.00
RECOMMENDATION
N-LINE TRAFFIC MAINTENANCE
_
-
AWARD DATE:
Z
BID TABULATION 2002-062
HOT MIX ASPHALTIC CONCRETE PAVEMENT
2002/2003 CONTRACT
1011512002 -10/15/2003
HMAC HMAC
HMAC 3,000 SQ. YDS.
3,000 SQ. YDS.
3,000 SQ. YDS.
BIDDERS
750 NET TONS 1,500 NET TONS 750 TONS PER SQUARE YARD
PER SQUARE YARD PER SQUARE YARD
...tn. .EXC T-71,i- .
LOADED ONLY
$ 26.00
$
26.00
26.00
$ 4.95
$ 4.95
$
4.95
LOADED AND HAULED
$ 31.50
$
31.50
$ 31.50
TM006
TM007
TM001
MAYSFIELD
~O .
LOADED ONLY
$ 27.00
$
27.00
$ 27.00
$ 425
$ 4.25
$
4.2
LOADED AND HAULED
$ 31.00
$
31.00
$ 31.00
TY B HOTMIX
TY C HOTMIX
TY C HOTMIX
HWY 21 WEST BRYAN TX
A WE
LOADED ONLY
$ 30.00
$
30.00
$ 32.00
N/B
N/B
NB
LOADED AND HAULED
$ 37.00
$
37.00
$ 39.00
t
'
CR105 CALDWELL, TX
t
RECOMMENDATIONS:
LOADED ONLY
PRIMARY: TEXCON
SECONDARY: YOUNG CONTRACTORS
LOADED AND HAULED
PRIMARY: YOUNG CONTRACTORS
SECONDARY: TEXCON
LOADED ONLY
PRIMARY: TEXCON
SECONDARY: YOUNG CONTRACTORS
O.Y
LOADED AND HAULED
PRIMARY: YOUNG CONTRACTORS
SECONDARY: TEXCON
0'~'j
y
~s
f
LOADED ONLY
PRIMARY: TEXCON
SECONDARY: YOUNG CONTRACTORS
LOADED AND HAULED
PRIMARY: YOUNG CONTRACTORS
SECONDARY: TEXCON
TYPE B SQ YD PRIMARY. YOUNG CONTRACTORS
SECONDARY: TEXCON
TYPE C SO YD PRIMARY: YOUNG CONTRACTORS
SECONDARY: TEXCON
TYPE 0 SQ YD PRIMARY: YOUNG CONTRACTORS
SECONDARY: TEXCON
0 0 0 0
F
5 ,
a
BID TABULATION 2002-061
FLEXIBLE BASE - 2002-2003 CONTRACT
10115/2002 -1011512003
LOADED
LOADED!
LOADED
LOADEDI
PI ANT
ONLY
HAULED
ONLY
HAULED
LO;ATION
BIDDERS
ES'T TONNAGE
S8 20 LBS
0 LBS
80,000 LBS
80,000 LBS
9w
.
COMAL COUNTY, TX
PEASE : TREET-RAIL SPUR
TYPEA, GRADE ISASE5010
310,000
$ 10.00
S 1500
$ 10.00
$ 1159
_IRYAN,TEXAS
LIMESTONE SCREENINGS
2,000
S 12.52
S 18.50
$ 12.52
S 15.50
QUARY•COMAL COUNTY
DRY SCREENINGS 5435
_
As;fi81QU
_
NAVASOTA,TX
CRUSHED LIMESTONE BASE 100
310,000
S 10.50
$ 21.50
$ 1050
$ 11.50
MALCOLM STREET
LIMESTONE SCREENINGS
2,000
NO BID
NO BID
NO BID
NO BID
NAVASOTA. TEXAS
NIA
I
NEW BRAUNFELS, TX
5100 BART ROAD
TYPE A. GRADE 190 OR 690
310,000
i 9.75
$ 13.54
$ 9.75
$ 14 74
BRAZOS COUNTY, TEXAS
LIMESTONE SCREENINGS
2,000
$ 11.92
S 17.50
S 11.92
S 92
DELIVERY WA 3 DAYS
WASHED LIMESTONE SCR 178
BRYAN,TX
SUPERFLEX BASE
310,000
$ 10.00
NO BID
S 10.00
$ 13.00
HWY 21 WEST
LIMESTONE SCREENINGS
2,000
$ 9.50
NO BID
$ 9.50
$ IZ50
BRYAN, TEXAS
DRY SCREENING
. -M ENA:118 M
AUSTN,TX
STATE BASE 151
310,000
S 455
$ 21.72
$ 4.65
$ 1153
ROUND ROCK, TEXAS
LIMESTONE SCREENINGS
2,000
$ 220
$ 19.45
$ 220
$ 11.18
1114' SCREENINGS 117
^
COLLEGE STATION, TX
STATE APPROVED BASE TM042
310.000
S 1125
$ 14.25
i 11.25
$ 13.75
HWY 6 NORTH OF 2818
LIMESTONE SCREENINGS
DRY SCREENINGS TCS 26h
2,000
$ 10.40
S 13.40
; 10.40
$ 12.90
BRYAN, TEXAS
LOADED LOADED/ LOADED LOADED/
ONLY HAULED ONLY HAULED
58,420 LBS 58,420 LBS 80,000 LEIS 80,000 LBS
RECOMMENDATIONS: PRIMARY Type A, Ord 1 ODEEN HIBBS TRUCKING HANSON AGGREGATES ODEEN HIBBS TRUCKING COLORADO MATERIALS
SECONDARYYTYoe A.Ord 1 HANSON AGGREGATES TEXCON HANSON AGGREGATES HANSON AGGREGATES
PRIMARY;
Limestone Screenings ODEEN HIBBS TRUCKING TEXCON ODEEN HIBBS TRUCKING ODEEN HIBBS TRUCKING
SECONDARY:
Limestone Screenings YOUNG CONTRACTORS COLORADO MATERIALS YOUNG CONTRACTORS YOUNG CONTRACTORS
AWARD DATE: /O + $ -0r- \ Y~