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Home My WebLink About2002-11-26-0900AM-Regular• Commissioners Court Meeting Agenda November 26, 2002 Page Two 10. Addendum to the Administrative Services Agreement with Harrington Benefit Services, Inc. (Employee Benefit Services). 11. The posting of speed limits on I&GN Road which is located in Precinct 1. 12. Authorizing the payment of registration fees for the County Judge-elect and two Commissioner-elects to attend the "Seminar for Newly Elected Judges & Commissioners," January 7-10, 2003, in Austin, Texas. • 13. Payment of indigent health care invoices incurred in prior fiscal year. 14. Request by the Constable, Precinct 4, to add a non-paid reserve deputy. 15. Interlocal Agreement with Tarrant County for the purchase of various commodities using Annual Contracts (Bids). 16. Renewal of the software maintenance/support services agreement with SunGard Pentamation for the Receipts Manager program. 17. Blanket Purchase Orders. 18. Award of the following bids and approving the relevant requisitions: a. Bid #2003-001 Equipment Lubricants b. Bid #2003-002 Oversized Limestone Aggregate C. Bid 42003-003 Heavy Machinery Rental d. Bid #2003-005 Rental of Equipment with Operator e. Bid #2003-012RB Office Furniture • 19. Authorizing the Purchasing Department to advertise for the following: a. Bid #2003-014 Removal of existing bridges and construction of new two- lane roadway bridges at the following sites: (1) Edge School House Road over Little Cedar Creek (2) Dilly Shaw Tap Road over Mathis Creek (3) Wheelock Hall Road over Bee Creek b. Bid #2003-022 Purchase of County Data Backup System for the Information Technology Department C. RFP #2003-021 Inmate Telephone Service for the Jail is Commissioners Court Meeting Agenda November 26, 2002 Page Three 20. Requisitions as follows for the Road & Bridge Department: a. Bid #2002-064 Culverts b. Bid #2003-004R Road Signs and Posts 21. The New Public Highway Crossing Agreement between Brazos County and Union Pacific Railroad Company covering the proposed construction of the new Lometa Lane at-grade public road crossing. Site is located in Precinct 1. 22. Request from Verizon to construct road bore for cable installation in the right-of-way of Golden Mist/Rainbow Acres at its intersection with Pate Road. Site is located in Precinct 23. The Final Plat of Grandview Estates, Mary Lawrence League, 18.90 acres. Site is located in Precinct 2. 24. Acknowledge receipt of monthly reports from department heads and elected officials. 25. Announcement of interest items and possible fixture agenda topics. 26. Call for citizen input and/or concerns. 27. Convene into Executive Session pursuant to §551.072 of the Texas Government Code to deliberate the acquisition of real property. 28. Consider and take action on Executive Session. 29. 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. 3 , } • COMMISSIONERS' COURT REGULAR MEETING NOVEMBER 26, 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, November 26, 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 Cauley gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns the following person spoke: 1. Carlos Guitoron thanked the Court for the hamburger lunch held yesterday for all County employees. • The Court next considered Budget Amendment #02/03-8.1, which would reallocate funds for the Brazos Center. On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. VOL S PAGE I I U Commissioners Court meeting November 26, 2002 2 The Court next considered the following Claims as submitted by the County Treasurer for payment: 20036832 through 20037151 On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the changes as submitted. The Court next considered the e-Slate Agreement with Hart Intercivic, Inc. for the purchase of the e-Slate Electronic voting System. Commissioner Thornton took issue with paragraph 4.3 of the contract saying that he did not like the wording because it sounded as if the county would not own the hardware. On motion by the County Judge, seconded by Commissioner Thornton, the Court voted unanimously to approve the agreement provided that e-Slate is stricken from line 4 and 5 of section 4.3. A copy of the Agreement is attached. The next matter before the Court was the certification of the Equal Employment Opportunity Plan to be submitted with the Narcotics Task Force grant application. On motion by Commissioner Cauley, seconded by Commissioner Tony Jones, the Court voted VOL 3 -3 PAGE L A • • • Commissioners Court meeting November 26, 2002 3 unanimously to certify the Equal Employment Opportunity Plan. The next matter before the Court was consideration of the monthly premium rate increases for the MetLife Dental Plan. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to approve the following renewal rate adjustments: Coverage Employee Only Employee + Spouse Employee + Child(ren) Employee + Family Current Renewal Rate Rate $16.37 $17.40 $33.78 $35.91 $29.61 $31.48 $50.59 $53.78 The next matter for consideration was an exemption as a Non-Federal Governmental Group Health Plan from certain requirements of HIPPA, title XXVII of the Public Health Service Act. On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, the Court voted unanimously to be exempt from the following requirements: 1. Limitations on preexisting condition exclusion periods. 2. Prohibitions against discriminating against individual participants and beneficiaries based on health status. 3. Standards relating to benefits for mothers and newborns. 4. Parity in the application of certain limits to mental health benefits. The next matter before the Court was consideration of an Addendum to the Administrative Services Agreement with Harrington Benefit Services, Inc. (Employee Benefit Services). On motion by Commissioner Thornton, seconded by Commissioner Tony Jones, the VOL 3$ PAGE t 0 Commissioners Court meeting November 26, 2002 4 Court voted unanimously to table consideration to allow time to investigate the reason for the increase. The Court next considered the posting of speed limits on I&GN Road, located in Precinct 1. Commissioner Tony Jones moved to set the speed limit at 45 miles per hour. Commissioner Thornton seconded the motion. Commissioners Tony Jones, Thornton, C. B. Jones and Cauley voted "Aye''. The County Judge voted "No'' stating that he would have preferred the speed limit being set at 40 miles per hour. The next matter before the Court was authorization to pay for the registration fees for the County Judge elect and two Commissioners elect to attend the Seminar for Newly Elected Judges & Commissioners to be held January 7th through the 10`h, 2003 in Austin, Texas. On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to authorize the payment of registration fees. The Court next considered the payment of indigent health care invoices incurred in prior fiscal year. On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve payment of the invoices. The Court next considered a request from Constable Precinct 4, Isaac Butler, Jr. to appoint Carlos Ybarra as unpaid Reserve Deputy Constable. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the request from Constable Butler to appoint Carlos Ybarra as unpaid VOL 3 $ PAGE AQO • Commissioners Court meeting November 26, 2002 5 Reserve Deputy Constable subject to appointment being within the allotted number of deputies. The next matter before the Court was the approval of an Interlocal Agreement with Tarrant County to allow Brazos County to use negotiated contracts to purchase various commodities. On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the Interlocal Agreement • with Tarrant County. A copy is attached. The Court next considered the renewal of the software maintenance/support services agreement with SunGard Pentamation for the Receipts Manager program for fiscal year 2003. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the agreement for fiscal year 2003 in the amount of $995.26. The agreement is effective from December 1, 2002 through November 30, 2003. is VOL ~3 9 PAGE a-lei U Commissioners Court meeting November 26, 2002 The Court proceeded to consider the following blanket Purchase Orders: Lowe's Brazos Center $1,000 Team Systems Jail $ 900 Ray Criswell Jail $1,600 Ecolab Jail $ 700 Brazos Wholesale Jail $ 600 Lilly Dairy Jail $3,800 Butterkrust Jail $1,600 Glazier Jail $1,000 Cain's Coffee Jail $ 600 Ben E. Keith Jail $1,250 Performance Jail $7,000 Sysco Food Jail $6,200 US Foodservice Jail $6,200 Scarmardo Prod. Jail $3,150 The Court next considered awarding the following bids: a. Bid No. 2003-001, Equipment Lubricants 6 Becky Stephens, Senior Buyer, recommended acceptance of the bid submitted by Timmon' s Oil. On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract to Timmon's Oil. A copy of the bid tabulation is attached. b. Bid No. 2003-002, Oversized Limestone Aggregate. Becky Stephens, Senior Buyer, recommended acceptance of the bid submitted by Austin Crushed Stone as Primary and the bid submitted by Young Contractors as Secondary. On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. VOL 9 PAGE 90-a- • Commissioners' Court meeting November 26, 2002 7 c. Bid No. 2003-003, Heavy Machinery Rental. Becky Stephens, Senior Buyer, recommended acceptance of the bid submitted by Mustang Rental as Primary and the bid submitted by R. B. Everett as Secondary. On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. d. Bid No. 2003-005, Rental of Equipment with Operator • Becky Stephens, Senior Buyer, recommended acceptance of the bids submitted by Texcon as primary and the bid submitted by Young Contractors as secondary. On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. e. Bid No. 2003-012RB Office Furniture Becky Stephens, Senior Buyer, recommended acceptance of the bids submitted by Hodges Business Interiors, Indoff Office Interiors, Neutral Posture, and Wilton's. On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. • The next matter for consideration was approval for the Purchasing Agent to advertise for the following bids: a. Bid No. 2003-014 Removal of existing bridges and construction of new two-lane roadway bridges at the following sites. 1. Edge School House Road over Little Cedar Creek 2. Dilly Shaw Tap Road over mathis Creek 3. Wheelock Hall Road over Bee Creek VOL 39 PAGE 903 • Commissioners' Court meeting November 26, 2002 g b. Bid 2003-022, Purchase of County Data Backup System for the Information Technology Department c. RFP No. 2003-021, Inmate Telephone Service for the Jail On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously mentioned bids. The Court next considered approving the following requisitions for the Road & Bridge Department: a. Bid No. 2002-064 Culverts $150,000 On motion by Commissioner Thornton, seconded by Commissioner Tony Jones, the Court voted unanimously to approve the requisition. b. Bid No. 2003-004R, Road Signs and Posts $35,000 On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the requisition. The Court next considered the New Public Highway Crossing Agreement between Brazos County and Union Pacific Railroad Company covering the proposed construction of the new Lometa Lane at-grade public road crossing in Precinct 1. On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, VOL 39 PAGE a - • Commissioners' Court meeting November 26, 2002 9 the Court voted unanimously to approve the agreement. A copy is attached. The Court next considered the request from Verizon to construct a road bore for cable installation in the right-of- way of Golden Mist Road in the Rainbow Acres Subdivision at its intersection with Pate Road. The site is located in Precinct 3. The County Engineer stated that all appeared to • be in order and recommended approval. on motion by Commissioner C. B. Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the request by Verizon and authorized the installation. A copy of the request is attached hereto. The Court next considered approval of the Final Plat of Grandview Estates, Mary Lawrence League, A-30, 18.90 Acres in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and offered the following comments: 1) Add Note: Lot 1, Block 1, and Lot 1, Block 2 shall have no access from FM 974. 2) Add notation designating 100 Year Flood Plain. • on motion by Commissioner Thornton, seconded by Commissioner Tony Jones, the Court voted unanimously to approve the final plat of Grandview Estates, Mary Lawrence League, A-30, 18.90 Acres subject to the developer complying with the exceptions noted by the County Engineer. The Court acknowledged receipt of the Extension Service VOL 3~ PAGE x-05 0 Commissioners' Court meeting November 26, 2002 reports for October 2002 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Sheriff A copy of the officials' reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Thornton a) Said that he had attended the intergovernmental meeting this morning in reference to health care. A public meeting will be held at 7:00 p.m. December 4th at the Brazos Center State Senator Steve Ogden and State Representative Fred Brown should be at the meeting. County Judge a) Reminded the Court that there will be no Commissioners Court meeting on December 11th and that there will be a Workshop today at 10:00 a.m. 10 VOL k ~ PAGE • Commissioners' Court meeting November 26, 2002 Sheriff a) Thanked Commissioners Tony Jones and Cauley for joining the Jail Administrator and himself at their conference in Colorado on jail design. There was no citizen input and/or concerns. At 9:55 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the acquisition of real property • as allowed under Section 551.072 of the Texas Government Code. At 10:20 a.m. the County Judge announced the meeting open to the public and on motion by Commissioner C. B. Jones, seconded by Commissioner Thornton, the Court voted unanimously to give the County Judge permission to employ an appraiser to appraise property the County may be interested in obtaining in the future. There being no further business to come before the Court, the meeting was adjourned. • VOL 3 8 PAGE a-(D7 11 0 The foregoing minutes of the Commissioners Court meeting held November 26, 2002 have been examined and are approved in open Court this the day of-2e , 2003, in Bryan, Brazos County, Texas. andy S' Ks County /Judge To Jon s Commiss'oner, Precinct 1 Duane Peters Commissioner, Precinct 2 Kenny Malla~ Commissioner, Precinct Carey Cauley, Jr. Commissioner, Precinct 4 ar n McQueen County Clerk VOL 3 9 PAGE -;)-68 BRAZOS COUNTY'COMMISSIONBRS COURT MEETING ON 2---200 AT ?-'OOA?fk NAME ORGANIZATION/DEPARTMENT r r~ r~ c 1 rS G Cr ~d' Co~2s t l-~ C w ' v S AV,4- ' A ~ J~ e L • n it i ~ ~V rl~A-~" - ! , BRAZOS COUNTY `COMIVHSSIONERS COURT MEETING ONyI 2,6 200?- AT : o o A-,n NAME ORGANIZATION/DEPARTMENT n r 1 Tt • BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR NO. 02/03-8.1 On this the 26th day of November 2002 at a regular meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Tony Jones, Commissioner, Precinct 1; Wm. S. Thornton, Commissioner, Precinct 2; C. B. Jones, Commissioner, Precinct 3; Carey Cauley, Jr., Commissioner, Precinct 4; Karen McQueen, County Clerk. • The following proceedings were held: THAT WHEREAS, on November 26, 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 26th day of November, 2002. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. • By: Alvin W. Jones, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-8.1 11/26/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 365001 652000 Dr. Co ier Maintenance 50.00 01 365001 618010 Cr. Travel 50.00 Brazos Center To realocate funds to allow the payment to IKON for the 2002 co contract overa e. ~r AMG '~.y • PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: November 26, 2002 DEPARTMENT: Personnel PURPOSE: ARQrove Personnel Change of Status •rrrrrrr~rrrrrrrar■ ■rrrrrrrrrrrrrrrr■ ■■rrrrrrrrrrrr~rrrrrrrrrrrrrrrr~ DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED ■■rrrrrrrrrrrrr~rrrrrrrrr■■■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr~ SHERIFF'S OFFICE/JAIL WIESE, WILLIAM TRANSFER WITHIN DEPT. JUVENILE SERVICES - LATSON, JOHN D. NEW HIRE - FULL TIME TJPC - COMMUNITY CORRECTIONS Approved in Commissioners' Court:November 26. 2002 is County Judge's or Commissioner's Signature: (This copy to be attached to minutes) ,3 g~ a t 3 0 HART INTERCMC, INC. eSLATE AGREEMENT (SIGNATURE PAGE) This eSlate Agreement ("Agreement') is entered into by and between Hart InterCivic, Inc., a Texas corporation ("Hart"), and Brazos County ("Client"), a governmental subdivision of the State of Texas. This Agreement sets forth the terms under which Client will purchase from Hart the eSlat6m Electronic Voting System. Defined terms used in this Agreement will have the meanings specified in Section 9, Definitions, or as otherwise set forth herein. The following Schedules and Exhibits are attached to this Agreement and made a part hereof: Schedule A, Equipment and Pricing Schedule B, Hart Proprietary Software Schedule C, Non-Hart Software Schedule D, Voter Outreach and Education Schedule E, Acceptance & Functionality Test Procedures Exhibit A, eSlate Warranty, Support, Maintenance and License Agreement Exhibit B, Client's Request for Proposal #2002-052 Exhibit C, Hart's Proposal This Agreement is entered into as the result of negotiations between Client and Hart with respect to Client's Request for Proposal, a copy of which is attached as Exhibit B, and Hart's Proposal, a copy of which is attached as Exhibit C. Client's Request for Proposal and Hart's Proposal are incorporated herein by reference. In the event of a conflict between the terms of this Agreement (including the Schedules and Exhibit A), Client's Request for Proposal and Hart's Proposal, (a) the terms of this Agreement (including the Schedules and Exhibit A) will control over Client's Request for Proposal and Hart's Proposal, and (b) the terms of Hart's Proposal will control over Client's Request for Proposal. To the extent there is no conflict between the terms of this Agreement and Exhibit "C", Exhibit "C" shall be deemed to provide further detailed specific information to the general terms of this contract or to provide all the terms and conditions on subjects that this contract is silent upon, including but not limited to such areas as voter education. Client acknowledges it has read and understands this Agreement (including all Schedules and Exhibits) and is entering into this Agreement only on the basis of the terms set forth in this Agreement. There are no oral agreements, representations or warranties. The Effective Date of this Agreement is " O Agreed and Accepted: Client Hart Name: Brazos County Hart InterCivic, Inc. Address: 300 E. 26g' Street 15500 Wells Port Drive Bryan, TX 77803 Austin, TX 78728 Attn: Karen McQueen Attn: Jerry Meadows County Clerk Senior Vice President Brazos County Election Solutions Group Primary Phone: 979-361-4135 800-223-4278 Facsimile: 979-361-4125 800-831-1485 Page 1 of 16 Confidential 3 ~-\4 • e-mail Kmcaueennu,co.brazos.tx.us Jmeadows(@,hartic,com Executed by: 1 - lK6,.0,,_ Name: Alvin Jones ie M ows Title: County Judge Senior Vice President Brazos County Election Solutions Group This Agreement is not effective until executed by both parties. In consideration for the agreements set forth herein, the parties agree as follows: 1. Purchase of Equipment; License of Software. 1.1 Sale. Hart agrees to sell and Client agrees to purchase the Equipment, subject to the terms and conditions set forth in this Agreement. 1.2 Licenses and Sublicenses. Simultaneously upon entering into this Agreement, Hart and • Client will enter into the eSlate Warranty, Support, Maintenance and License Agreement in the form of Exhibit A, the terms of which are incorporated herein by reference. The eSlate Warranty, Support, Maintenance and License Agreement sets forth additional terms applicable to Client's ownership and use of the eSlate Hardware and license of Hart Proprietary Software, including warranty, support, maintenance, license and other terms. 13 Delivery and Installation. Hart will cause the Equipment and Software to be delivered to Client's premises on a date mutually agreed to by Hart and Client. A Hart representative will install the Equipment and Software at the Client's site on a mutually agreed upon date during Hart normal working hours. If additional labor and rigging or Client-specified customization is required for installation due to Client's special site requirements, Client will pay those costs including costs to meet union or local law requirements. Client will be deemed to have accepted the Equipment and Software upon the Installation Date. • 1.4 Trainine and Education. Hart will provide user-level documentation for the Software and operational training prior to the fast election for which the Software will be used. Hart will provide Client operational training and on-site support at the first election in which the Equipment and Software are used. Charges for additional training or support services will be invoiced to Client at Hart's then- current hourly rates, plus travel, communication and other expenses. Any additional training or support services will be mutually agreed to by Hart and Client and documented in an amendment to this Agreement. Hart shall provide voter outreach and education material templates as defined in Schedule D, Voter Outreach and Education. 1.5 User Documentation; Environmental Specifications. Hart will provide Client one copy of the applicable then-current user documentation and operator's manuals for the Equipment and Software and, where applicable, environmental specifications for the Equipment. User documentation, operator's manuals and environmental specifications may be provided in paper or electronic form as agreed to by Hart and Client. Client shall not remove any trademark, copyright or other proprietary or restrictive notices contained on the user documentation, operator's manuals and environmental specifications and all copies will contain such notices as are on the originals. 1.6 Maintenance and Support. Maintenance and support will be provided as set forth in the eSlate Warranty, Support, Maintenance and License Agreement. Page 2 of 16 Confidential 39 0 2. Charges: Payments and Acceptance. 2.1 Total Purchase Price. The Total Purchase Price is set forth in Schedule A and includes the purchase price for the Equipment, the Initial Annual Fee under the eSlate Warranty, Support, Maintenance and License Agreement, state and local taxes (if applicable) and delivery and installation charges and training and voter education material template charges. 21 Payments and Acceptance. Client shall pay Hart the Total Purchase Price upon acceptance of the Equipment and Software by Client within 30 days after receipt of an invoice from Hart. Upon delivery of eSlate Hardware, Hart will proceed W diligently perform acceptance testing of the eSlate Hardware according to the Acceptance & Functionality Test Procedures in Schedule E. Hart shall notify the Clients' IT Department of its schedule so that an IT Department representative can be present and observe the installation and testing process. In addition to the testing set forth on Schedule E, Hart shall conduct a small internal mock election for the IT Department representative to complete the testing. Hart will fix or replace any noncompliant unit until it satisfies the acceptance test. Upon successful completion of acceptance testing of eSlate Hardware by Hart, Client shall provide to Hart a letter formally accepting the eSlate Hardware ("Acceptance'). Hart shall complete acceptance testing of the eSlate Hardware within 30 days after delivery of eSlate Hardware to Client Client shall provide the acceptance letter upon completion of the testing. All payments are to be made to Hart at its principal office in Austin, Texas, as set forth on the Signature Page or to such other location as may be designated by Hart in a notice to Client 2.3 Late Charges. If the Total Purchase Price is not paid in full within thirty (30) days after delivery of the Equipment and Software, Hart may charge Client interest on the unpaid balance, until paid, at the lesser of (a) I% per month or (b) the maximum rate allowed by law. 2.4 Additional Charges. Additional charges may apply to services rendered outside contracted hours or beyond normal coverage as described herein and Exhibit "C" at Client's request, e.g., travel expenses, premium and minimum charges. Any additional charges must be mutually agreed to by Hart and Client and documented in an amendment to this Agreement. 2.5 Payment Disputes. If any dispute exists between the parties concerning the amount due or due date of any payment, Client shall promptly pay the undisputed portion. Such payment will not constitute a waiver by Client or Hart of any of their respective legal rights and remedies against each other. 2.6 Taxes. If Client is tax exempt, Client will provide Hart with proof of its tax-exempt status. If Client is not tax-exempt, (a) Client will pay any tax Hart becomes obligated to pay in connection with this Agreement, exclusive of taxes based on the net income of Hart, and (b) Client will pay all personal property and similar taxes assessed after shipment. If Client challenges the applicability of any such tax, Client shall pay the tax and may thereafter seek a refund. 2.7 Suspension of Performance. If any payment due to Hart under this Agreement is past due more than thirty days, Hart may suspend performance under this Agreement until all amounts due are current Page 3 of 16 Confidential vo _ ~ • • 3. Client Responsibilities. 3.1 Determination. Client acknowledges it has determined that the eSlate Electronic Voting System purchased under this Agreement meets its requirements premised on information provided to it in response to its questions and statement of needs as set forth on Exhibit "C" hereto and demonstrations of the eSlate Electronic Voting System. 3.2 Cooperation. Client agrees to cooperate with Hart and promptly perform Client's responsibilities under this Agreement and the eSlate Warranty, Support, Maintenance and License Agreement. 4. Title, Risk of Loss. 4.1 Equipment. Subject to Section 4.3, title to Equipment will pass to Client upon acceptance of the Equipment by Client. Risk of loss of, or damage to, Equipment will pass to Client upon delivery to Client. 4.2 Confidential and Proprietary Information. Title to Hart's Confidential and Proprietary Information will remain in Hart. Title to Confidential and Proprietary Information of Hart's suppliers and licensors will remain in the relevant suppliers and licensors. 43 Proprietary Rights. Client acknowledges and agrees that the design of the eSlate Electronic Voting System, design of the eSlate Hardware, Hart Proprietary Software, and any and all related patents, copyrights, trademarks, service marks, trade names, documents, logos, software, l3tY~ microcode, information and material, are the property of Hart. Client agrees that the ffudvv license of Hart Proprietary Software and other accompanying items under this Agreement does not grant to or vest in Client any right, title or interest in such proprietary property. All patents, trademarks, copyrights, trade secrets and other intellectual property rights, whether now owned or acquired by Hart with respect to the eSlate Electronic Voting System, eSlate Hardware and Hart Proprietary Software, are the sole and absolute property of Hart and no interest therein is being vested in Client by the execution of this Agreement or the sale of the eSlate Hardware or license of the Hart Proprietary Software to Client Client shall not, under any circumstances, cause or permit the adaptation, conversion, reverse engineering, disassembly or de-compilation of any Software or Equipment. Client will have no authority or right to copy, reproduce, modify, sell, license or otherwise transfer any rights in any proprietary property of Hart The provisions of this Section 4.3 will survive the termination or cancellation of this Agreement and the eSlate Warranty, Support, Maintenance and License Agreement. 4.4 Client's obligation of confidentiality herein is subject to the Texas Public Information Act, Government Code §552.001 et seq. 5. Warranty Terms. The warranty terms applicable to the eSlate Electronic Voting System are set forth in the eSlate Warranty, Support, Maintenance and License Agreement. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES IN THE ESLATE WARRANTY, SUPPORT, MAINTENANCE AND LICENSE AGREEMENT, TO THE MAXMJM EXTENT PERMITTED BY APPLICABLE LAW, (A) THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE UNDER THIS AGREEMENT AND THE ESLATE WARRANTY, SUPPORT, MAINTENANCE AND LICENSE AGREEMENT, AND, (B) HART DISCLAIMS ALL EXPRESS AND IMPLIED Page 4 of 16 Confidential 0 WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON- INFRINGEMENT FOR ALL EQUIPMENT, SOFTWARE AND SERVICES. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CLIENT. 6. Defaults. 6.1 The following events will be deemed to be defaults: (a) A party committing a material breach of any term of this Agreement or the eSlate Warranty, Support, Maintenance and License Agreement (herein "Warranty Agreement") if such breach has not been cured within thirty days after written notice of such breach has been given by the non- defaulting party to the defaulting party; (b) A party filing bankruptcy, becoming insolvent, or having its business placed in the hands of a receiver, assignee or trustee, whether by voluntary act or otherwise, provided if such event is not by voluntary act then the filing of bankruptcy or appointment of a receiver, assignee or trustee of its business shall not constitute a default if it is dismissed within ninety days; or, (c) A party failing to comply in any material respect with any federal, state or local laws applicable to a party's performance under this Agreement or the Warranty Agreement 6.2 If default occurs, the parties will have all remedies provided for herein and otherwise available by statute, law, or equity, subject to the provisions of section 7. 7. Limitation of Damages. 7.1 EXCLUSIVE REMEDY. HART DOES NOT ACCEPT ANY LIABILITY FOR WARRANTIES BEYOND THE REMEDIES SET FORTH IN SECTION 1 OF THE ESLATE WARRANTY, SUPPORT, MAINTENANCE AND LICENSE AGREEMENT. HART'S ENTIRE LIABILITY AND CLIENT'S EXCLUSIVE REMEDY FOR ANY CLAIM CONCERNING THIS AGREEMENT AND THE EQUIPMENT, SOFTWARE AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE SET FORTH IN THIS SECTION 7 AND UNDER SECTION 6 ABOVE. 7.2. DISCLADIER. CLIENT IS RESPONSIBLE FOR ASSURING AND MAINTAINING THE BACK-UP OF ALL CLIENT DATA. UNDER NO CIRCUMSTANCES WILL HART BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR THE LOSS OF OR DAMAGE TO CLIENT DATA. ^ 73 LIMITATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HART, HART'S LICENSORS AND ANY PARTY INVOLVED IN THE CREATION, MANUFACTURE OR DISTRIBUTION OF THE EQUIPMENT AND SOFTWARE AND THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT WILL NOT BE LIABLE TO CLIENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR LOST DATA SUSTAINED OR INCURRED IN CONNECTION WITH THE EQUIPMENT, SOFTWARE, SERVICES OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. IN ADDITION, HART'S TOTAL LIABILITY Page 5 of 16 Confidential 3 $_..M.. a-1 S • TO CLIENT FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THE EQUIPMENT, SOFTWARE, SERVICES AND THIS AGREEMENT WELL IN NO EVENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO HART UNDER THIS AGREEMENT. HART IS NOT LIABLE FOR DAMAGES CAUSED IN ANY PART BY CLIENT'S NEGLIGENCE OR INTENTIONAL ACTS OR FOR ANY CLAIM AGAINST CLIENT OR ANYONE ELSE BY ANY THIRD PARTY. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO CLIENT. 7.4 Referrals. Hart may direct Client to third parties having products or services that may be of interest to Client for use in conjunction with the Equipment and Software. Notwithstanding any Hart recommendation, referral or introduction, Client will independently investigate and test non-Hart products and services and will have sole responsibility for determining suitability for use of non-Hart products and services. Hart has no liability with respect to claims relating to or arising from use of non-Hart products and services, including, without limitation, claims arising from failure of non-Hart products to provide • proper time and date functionality. 8. Dispute Resolution. 8.1 Disputes and Demands. The parties will attempt to resolve any claim or controversy related to or arising out of this Agreement, whether in contract or in tort ("Dispute'), on a confidential basis according to the following process, which either party may start by delivering to the other party a written notice describing the dispute and the amount involved ("Demand'). 8.2 Negotiation and Meditation. After receipt of a Demand, authorized representatives of the parties will meet at a mutually agreed upon time and place to try to resolve the Dispute by negotiation. If the Dispute remains unresolved after this meeting, either party may start mandatory non-binding mediation under the commercial mediation rules of the American Arbitration Association ("AAA") or such other mediation process as is mutually acceptable to the parties. 8.3 Iniunctive Relief. Notwithstanding the other provisions of this Section 7, if either party seeks injunctive relief, such relief may be sought in a court of competent jurisdiction without complying with the negotiation and mediation provisions of this Section 7. 8.4 Time Limit. Neither mediation under this section nor any legal action, regardless of its form, related to or arising out of this Agreement may be brought more than 2 years after the cause of • action fast accrued. 9. General Provisions. 9.1 Entire Agreement. This Agreement and the attachments, schedules and exhibits hereto are the entire agreement and supersede all prior negotiations and oral agreements. Hart has made no representations or warranties with respect to this Agreement or the eSlate Electronic Voting System and its components that are not included herein. This Agreement may not be amended or waived except in writing signed by an officer of the party to be bound thereby. 9.2 Preprinted Forms. The use of preprinted forms, such as purchase orders or acknowledgments, in connection with this Agreement is for convenience only and all preprinted terms Page 6 of 16 Confidential 40 and conditions stated thereon are void and of no effect. If any conflict exists between this Agreement and any terms and conditions on a purchase order, acknowledgment or other preprinted form, the terns and conditions of this Agreement will govern and the conflicting terms and conditions in the preprinted form will be void and of no effect The terms and conditions of this Agreement, including but not limited to this Section 9.2, cannot be amended, modified or altered by any conflicting preprinted terms or conditions in a preprinted form. 93 Interpretation. This Agreement will be construed according to its fair meaning and not for or against either party. Headings are for reference purposes only and are not to be used in construing the Agreement. All words and phrases in this Agreement are to be construed to include the singular or plural number and the masculine, feminine, or neuter gender as the context requires. 9.4 GOVERNING LAW. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS, UNLESS CLIENT IS A GOVERNMENTAL SUBDIVISION OF ANOTHER STATE, IN WHICH CASE THE LAWS OF THE STATE IN WHICH CLIENT IS A GOVERNMENTAL SUBDIVISION WILL CONTROL. 9.5 Severability. Whenever possible, each provision of this Agreement will be interpreted to be effective and valid under applicable law; but if any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof will be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal or unenforceable provision. If it is not possible to modify the provision to render it legal, valid and enforceable, then the provision will be severed from the rest of the Agreement and ignored. The invalidity, illegality or unenforceability of any provision will not affect the validity, legality or enforceability of any other provision of this Agreement, which will remain valid and binding. 9.6 Delays Hart is not responsible for failure to fulfill its obligations when due to causes beyond its reasonable control, including the failure of third parties to timely provide Software, Equipment, materials or labor contemplated herein. Hart will notify Client in writing of any such delay, and the time for Hart's performance will be extended for a period corresponding to the delay. Hart and Client will determine alternative procedures to minimize delays. Hart agrees and acknowledges that Client intends to use the eSlate Electronic Voting System in the May 3, 2003 election. Hart will take all commercially reasonable steps, including but not limited to hiring additional staff and authorizing overtime for existing staff, at its expense, to meet Client's goal of use of the system during the May 2003 election; provided, Client shall cooperate with Hart and perform all Client's responsibilities timely to assure Hart's ability to meet this deadline and Hart shall not be required to provide personnel to perform Client's responsibilities. 9.7 Force Majeure. "Force Majeure" means a delay encountered by a party in the performance of its obligations under this Agreement which is caused by an event beyond the reasonable control of the party, but does not include any delays in the payment of monies due by either party. Without limiting the generality of the foregoing, "Force Majeure" will include but is not restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities (other than, with respect to Client's performance, the Client and its governing entities); fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes. If any event constituting Force Majeure occurs, the affected party shall notify the other party in writing, disclosing the estimated length of the delay, and the cause of the delay. If a Force Majeure occurs, the affected party will not be deemed to have violated its obligations under this Agreement, and Page 7 of 16 Confidential 44pii ° cU 39 • time for performance of any obligations of that party will be extended by a period of time necessary to overcome the effects of the Force Majeure. 9.8 Compliance with Laws. Client and Hart shall comply with all federal, state and local laws in the performance of this Agreement, including those governing use of the Equipment and Software. Equipment and Software provided under this Agreement may be subject to U.S. and other government export control regulations. Client shall not export or re-export any Equipment or Software. 9.9 Assignments. Hart may assign this Agreement or its interest in any Equipment or Software, or may assign the right to receive payments, without Client's consent Any such assignment, however, will not change the obligations of Hart to Client that are outstanding at the time of assignment. Client will be notified in writing if Hart makes an assignment of this Agreement. Client shall not assign this Agreement without the express written consent of Hart, such consent not to be unreasonably withheld. In the event of any permitted assignment of this Agreement, the assignee shall assume the liabilities and responsibilities of the assignor, in writing. 9.10 Independent Contractors. Client and Hart are independent contractors and are not • agents or partners of each other. Hart's employees, agents and subcontractors will not be entitled to any privileges or benefits of Client employment. Client's employees, agents and contractors will not be entitled to any privileges or benefits of Hart employment. 9.11 Notices. Any notice required or permitted to be given under this Agreement by one party to the other must be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth on the Signature Page for the party to whom the notice is given, or on the fifth business day following mailing if placed in the United States Mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the party at their address set forth on the Signature Page. Each party may change its address for notice by giving written notice of the change to the other party. 9.12 Trademarks. eSlateTM, eSlate 3000TM, Judges Booth ControllerTM, JBC1000TM, Disabled Access Unifrm, DAU5000TM, Mobile Ballot BoxTM, Ballot Origination Software SystemTM, BOSSTM, Tallym, and Ballot NowTM are trademarks of Hart. 10. Definitions. "Agreement" has the meaning set forth in the Signature Page. "Annual Fee" means the combined annual license, sublicense, support and maintenance fees • payable by Client to Hart under the eSlate Warranty, Support, Maintenance and License Agreement "Client" has the meaning set forth in the Signature Page. "Confidential and Proprietary Information" means Software, firmware, diagnostics, documentation (including operating manuals, user documentation and environmental specifications), designs and configurations of Equipment, Software and firmware, trade secrets and related documentation, and any other information confidential to Hart or its suppliers or licensors. "DAU" means the Disabled Access Unit (DAU5000) created by Hart as an add-0n component to an eSlate that facilitates the performance of voting activities by disabled voters, for example, by providing Page 8 of 16 Confidential an audio ballot presentation and/or accepting inputs from specialized switch mechanisms, such as head switches, breath switches, and panel switches, that facilitate interaction with disabled voters, as needed. "Effective Date" has the meaning set forth in the Signature Page and indicates the date this Agreement becomes effective. "Equipment" means the eSlate Hardware and Non-Hart Equipment listed on Schedule A. "eSlate" means the eSlate 3000 created by Hart and consisting of hardware including an electronically-configurable, network-capable voting station that permits a voter to cast votes by direct interaction, which voting station in its present configuration created by Hart comprises an electronically configurable liquid crystal display (LCD) panel for use in displaying ballot images, a rotary input device for use in ballot navigation, and various buttons that facilitate voter options for selecting ballot choices and casting a ballot. "eSlate Electronic Voting System" means the Equipment and the Software. "eSlate Hardware" means the eSlate, JBC, and DAU in the quantities listed on Schedule A. "eSlate Warranty, Support, Maintenance and License Agreement" means the eSlate Warranty, Support, Maintenance and License Agreement in the form of Exhibit A to be entered into by Hart and Client simultaneously upon entering into this Agreement. "Hart" means Hart InterCivic, Inc., a Texas corporation. "Hart Proprietary Software" means the run-time executable code and associated support files of the Ballot Origination Software System Software (BOSS), Tally Software, Ballot Now Software, computer code and software resident in the eSlate Hardware and other support software utilities as specified on Schedule B, consisting of computer programs and computer code owned by Hart that are licensed to Client pursuant to the eSlate Warranty, Support, Maintenance and License Agreement, and all updates, upgrades, versions, new releases, derivatives, revisions, corrections, improvements, rewrites, bug fixes, enhancements and other modifications, including any custom modifications, to such computer programs and code which are provided to Client, and all copies of the foregoing. Hart Proprietary Software also includes all documentation provided by Hart to Client with respect to these computer programs and code, and all copies of the foregoing. "Initial Annual Fee" means the first Annual Fee payable under the eSlate Warranty, Support, Maintenance and License Agreement, which is included in the Total Purchase Price. "Installation Date" means, with respect to eSlate Hardware, the date of delivery to Client and, with respect to Hart Proprietary Software, the date Hart completes delivery and installation of the Hart Proprietary Software. "JBC" means the Judge's Booth Controller (JBC1000) created by Hart which is a local area network controller capable of interacting with one or more eSlate devices or DAU devices by transmitting and receiving signals that manage or control an election, e.g., by opening and closing the polls, providing or recording an audit trail of system events during an election, storing cast ballot data, and applying data security and integrity algorithms. Page 9 of 16 Confidential "Non-Hart Equipment" means the equipment listed on Schedule A which is not eSlate Hardware. "Non-Hart Software" means the run-time executable code and associated support files of computer programs owned by third parties that are identified on Schedule C and sublicensed by Hart to Client pursuant to the eSlate Warranty, Support, Maintenance and License Agreement or licensed directly by the third party licensor to Client, and all updates, upgrades, versions, new releases, derivatives, revisions, corrections, improvements, rewrites, bug fixes, enhancements and other modifications to such computer programs and code which are provided to Client, and all copies of the foregoing. Non-Hart Software also includes all documentation provided to Client with respect to these computer programs, and all copies of the foregoing. "Software" means the Hart Proprietary Software and Non-Hart Software. "Sublicensed Software" means Non-Hart Software that is identified on Schedule C as being sublicensed by Hart to Client pursuant to the eSlate Warranty, Support, Maintenance and License Agreement. • "Total Purchase Price" is defined in Section 2.1. • Page 10 of 16 Confidential u SCHEDULE A EQUIPMENT AND PRICING QUANTITY DESCRIPTION UNIT PRICE TOTAL PRICE 360 eSlate 3000 DRE $2,290.00 $824,400.00 including booth 52 DAU 5000 ADA Functionality $1,000.00 52 000.00 52 JBC 1000 eSlate Controller $2,500.00 130,000.00 52 MBB Flash Cards $125.00 6,500.00 3 Dell Optiplex PCs BOSS, Tally & Ballot Now $22,000.00 22,000.00 1 HP 9000 Printer workstations 2 HP 2200 Printers 1 Epson LQ-570e 1 Kodak 1500 Scanner Total Price for Equipment $1,034,900.00 Initial Annual Support/Software Licensing Fee 40,600.00 Total Price of Software in Schedules B and C 100,000.00 Discount (177,575.00) Total Purchase Price $997,925.00 Page 11 of 16 Confidential • SCHEDULE B HART PROPRIETARY SOFTWARE QUANTITY DESCRIPTION NUMBER OF USERS INITIAL LICENSE FEE 1 Ballot Origination Ballot Definition and 1 $50,000.00 Software System Tabulation Software (BOSS) and Tall 1 Ballot Now Absentee-by-Mail 1 $50,000.00 Software Total Price for Hart Software: $100,000.00 Licensed Location: Brazos County, Texas • NOTE: Hart and Client will update this Schedule as appropriate if Hart releases new Hart Proprietary Software that is made available to Client under the eSlate Warranty, Support, Maintenance and License Agreement. • Page 12 of 16 Confidential k?O 5' 33 U SCHEDULE C NON-HART SOFTWARE Non-Hart Software Sublicensed to Client: DESCRIPTION NUMBER OF USERS TOTAL PRICE S base Embedded Runtime Database Engine 3 N/C NOTE: Hart and Client will update this Schedule as appropriate if Hart provides new or different Non- Hart Software to Client under the eSlate Warranty, Support, Maintenance and License Agreement. Page I of I CONFIDENTIAL • SCHEDULE D VOTER OUTREACH AND EDUCATION MATERIAL Hart InterCivic will provide the following Voter Outreach and Education materials as part of the contract. These materials are examples that have been used in voter outreach and education programs in other counties implementing the eSlate Electronic Voting System. It will be Brazos County's expense and responsibility to modify and print these materials specific for its own Voter Outreach and Education program. DESCRIPTION MEDIA • Brochure Print Ad Instructional Poster and Flyer Voter Instruction Handout Direct Mail/Utility Stuffers Speakers Bureau Presentation Email Content Basic "How to Vote Using the eSlate" Video in Spanish & Eng. Hard Copy &.pdf Hard Copy Hard Copy &.pdf Hard Copy &.pdf Hard Copy &.pdf Power Point File Electronic File Beta Tape • 0 SCHEDULE E ACCEPTANCE & FUNCTIONALITY TEST PROCEDURES lip THE FOLLOWING DOCUMENT F 9 229- 2~,q IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL • n- r-'~,v .is ..l-- F 0 0 eSlate"" Electronic Voting System ACCEPTANCE & FUNCTIONALITY TEST PROCEDURES eSlate Voting System Version 2.1 From Support Procedures T20 Rev C2 Page 1 Hart InterCivic, Inc. is Table of Contents TABLE OF CONTENTS Introduction 3 Checking Supplies 4 Acceptance & Functionality Test Procedures ..................6 Review: Setting up the JBC .............................................20 Review: Setting up the eSlates and Disabled Access Units ...................................................................................21 Review: Opening the Polls ...............................................23 Review: Suspending the Polls for Early Voting .............28 Review: Closing the Polls for Election Day ....................29 Review: Reset Procedure 31 Review: Disconnecting the Equipment ...........................33 Appendix A: JBC Functionality Test Documentation 34 Appendix B: eSlate Functionality Test Documentation 35 Appendix C: DAU eSlate Functionality Test Documentation 36 Appendix D: eSlate Voting Booth Acceptance Test Documentation 37 Appendix E: eSlate Booth "Caddy" Acceptance Test Documentation 38 Page 2 HartInterCivic, Inc. 4a • • • Introduction Introduction The Acceptance Test is a test of the functionality of the equipment as the customer first receives it. In performing an Acceptance Test, the customer is verifying that the equipment is in good working order. The Functionality Test is a test that the customer performs between election cycles to verify that the equipment is still operating correctly and election ready. Functionality Tests may be performed as often as the customer sees fit; once per year being a recommended minimum. Neither of these tests is a Logic & Accuracy Test or a ballot proofreading exercise. Judge's Booth Controller (JBC) Page 3 Hart InterCivic, Inc. 0 eSlate Precinct Voting System (PVS) Setup Disabled Access Unit (DAU eSlate) Checkina Suonlies Checking Supplies 11110 Iiiiii ✓ 1 JBC per set of eSlates. iiiiioiiiii~ 1 JBC can run up to 12 eSlates (including DAU eSlates . ✓ 1 JBC power cable per JBC This item is contained inside the JBC box. It's a long black cable with a 3-pronged plug at one end. ✓ 1 JBC booth control cable, per This item is also contained inside the JBC box. It Is JBC a long gray cable. ✓ 2 JBC battery packs per JBC: ✓ 1 JBC battery 'key" per JBC Key should be attached to JBC ✓ eSlates U to 12 per JBC, or 11 and one DAU eSlate ✓ DAU eSlates eSlate with audio and adaptive switch functions. ✓ 1 set of headphones per DAD eSlate ✓ 1 set of tactile Input switches 'el switches per DAU eSlate ✓ 2 Surge Protectors Optional ✓ 1 eSlate battery pack per eSlate Necessary if polling place is offering curbside or DAU eSlate voting and/or as a backup power source. ✓ 2 screwdrivers ✓ 1 test MBB per testing line The MBB holds the ballot information. ✓ 1 DAU card per testing line The DAU card is a PC card with wav files for audio information. ✓ Spare JBC printer paper rolls If the printer roll is near its end, replace it while testin . 1 PC with the ResetPVS utility ✓ program for resetting each system 1 PC with Servo program for ✓ logging equipment and setting JBC clocks ✓ 1 set of PCspeakers for Servo ✓ Envelopes or file system for JBC Optional re its ✓ Shipping and inventory lists ✓ Functionality Documentation Optional, see appendices with forms, starting on pace 34. ✓ Battery Level Labels for battery If you are performing functionality testing on packs battery levels you should tag each battery with the date and battery ✓ 3 tablestworkstations 2 workstations need AC power. ✓ Foam padding on tables where This helps to avoid scratching the eSlate screen eSlate batteries are Inserted. while adding batteries. ✓ Boo S Caddy per 8 eSlate Optional, if using `Caddy" system for storage ✓ "Sticky Notes' and pens for team Various uses members Page 4 Hart InterCivic, Inc. • • Acceptance & Functionality Test Workflow Acceptance & Functionality Test Workflow Battery Testing 8 Battery Labeling Packs Station + Boxed Equipment > from delivery Battery Packs a A \ Peripherals [V~v~ JBC Box W aSlate Box (Recommended) Re-box JBC" and Store Servo Station: Reset JBC docks & a rz Precinct Voting System Testing Station JBCs add eSlates and JBCs to Servo equipment PC with list PC vMh PVSReset Servo eSlates eSlate Booth I I ~J 1 Boothe Caddies to Storage Caddy "slat" Testing -10 i Booths Station (optional) Caddy Box Boxed Equlpment from dedvery • Page 5 Hart InterCivic, Inc. Acceptance & Functionality Test Procedures Acce Lance & Functionally Test Procedures 0 MS= 1. Set up PVSReset computer and table See set up diagramed below: for testing PVS eauioment. Tacble Input DAU aSlate Slydches & DAU eSlate Headphones estate estate eslate estate aslate estate eSlate estate D-Ish.t. estate eSlate estate Jac Jac Surge Protector Surge Protector PC with ResetPbs Up to 12 eSlates, Including the DAU estate, can Storage boxes sit under the be connected to table, directly under the unit one JBC. that belongs In each box. Page 6 Hart InterCivic, Inc. E u • 2. Set up one table for the Servo See set up diagramed below: computer (setting JBC clocks and logging equipment into Servo), and another table for testing battery packs. Acceptance & Functionality Test Procedures Test battery packs and label each pack with the date tasted and the battery level H storing eSlates with their batteries loaded, set the eSlate on a foam pad while adding batteries. This helps to avoid eSlate screen scratches. Battery Pecks Battery Tester Jac JBC JBc it using eSlele booths, the eSlates can be stored in booths before adding to the servo Equipment Log. After all JBCe are in the Servo equipment Log, leave the last JBC set up and add each eSiete to the Servo Equipment log via the Reset function In Servo. JBC JBc surge Protector Reset JBC docks, one JBC at a time until all JBCs are reset and added to Servo Equipment Log• e8a Booth L PC with Servo Page 7 Hart InterCivic, Inc. 0 Acceptance & Functionality Test Procedures 3. Set up a table where booths will be See page 37 for a inspected and eSlates installed into checklist. booths. ➢ See set un If using eSlate booths, the eSlates can be stored In booths before adding to the Sam Equipment Log if storing eSlates with their batteries loaded, set the eSlate on a foam pad while adding batteries. This helps to avoid eSlate screen scratches. r After eSlates and * DAU eSlates have passed the Acceptance Test, * Install them into booths. Connect o ' the eSlate serial ' port to the booth yr plghall and slide the eSlate Into r place. DAU estate booths (marked with a red Gne around the circumference of the booth) can also store headphones and tactile Input switches In the booth storage compartment estate Booth After eSlates and DAU eSlates are installed Into booths, the booths are sent to Servo so that eStatea can be added to the equipment log. inspection estate Booth eSlate Booth eSlate Booth eSlate Booth eSlate Booth Page 8 Hart InterCivic, Inc. -'00`\ • Acceptance & Functionality Test Procedures • is 4. Set up an eSlate Booth Caddy testing eSlate Booth Caddies are optional booth station. storage equipment. 5. Set up test teams and assignments This process is simple if two or three people for each member within teams. work in each team. The team is in charge of every step of their line, and this prevents confusion caused by one person trying to do the same job on several lines. One team checks eSlates, 1 DAU, and 1 JBC off the packing lists and sets them up as shown in the plans. After the Acceptance Test is completed for that line of equipment, the line is reset with Reset PVS on the PC (the cable just switches from one JBC on one line to the other). The team packs up their own line and puts it in the "completed' area, and then unpacks the next set of equipment for their line. From the "completed" area, JBCs are taken to the Servo station. eSlates are taken to the booth station. In a separate line booths are being checked, eSlates installed, and completed booths sent to the Servo area In order to add JBCs and eSlates to the equipment log. See Acceptance & Functionality Test Workflow, page 5. Assignments might include: ➢ Unpacking equipment and marking as received. Setting up eSlates. Setting up and testing DAU eSlate, headphones and Tactile Input Switches. Setting up, testing, and running JBC, Including reset. ➢ Reading Test Procedures aloud to assure that all steps are followed. ➢ Marking tested units as passed. Marking problem units. Testing and labeling battery packs at a separate station. D Inspecting booths and installing eSlates into booths. Resetting JBC docks and adding eSlate equipment to Servo. Testin and loading Booth Caddies. 6. Verify quantity of each product Check from shipment list. 7. Set up a JBC with up to 12 eSlates Set unit boxes under each piece of including at least 1 DAU eSlate. equipment on the table, so that units can be returned to original boxes (marked with serial numbers). Check all port ins while settin up. Page 9 Hart InterCivic, Inc. 39 ~J eSlate: Acceptance & Functionality Test Procedures 8. Insert the DAU card, headphones Optional: You can test the DAU eSlate with volume control, a set of tactile battery power supply by pressing ENTER input switches and a battery pack. and CAST BALLOT at the same time before the JBC is tumed on, or you may check for battery power on the Response Test screen later. BLACK RED Page 10 Hart InterCivic, Inc. • Acceptance & Functionality Test Procedures At the JBC: I I 9. Insert the Test MBB into the JBC: The MBB slot is on the right side of the JBC Inside the security door. • Page 11 Hart InterCivic, Inc. I 3 a 0 Test 11. Observe the JBC booth status lights I The JBC's booth status lights will cycle to confirm battery power. through screen then red. 12. Power the JBC on with the AC power cable. The JBC's booth status lights cycles throuqh qreen then rec Page 12 Hart InterCivic, Inc. - - N. row.. as _.v.v V~J • Acceptance & Functionality Test Procedures Mate and DAU Perform the button test for each Observe power supply messages eSlate and DAU eSlate. displayed at the bottom of the eSlate button test screen. The DAU eSlate should indicate that battery power is supplied. Power Supply indicator: JBC ►Y] Battery [OKAY] Page 13 Hart InterCivic, Inc. 38 eSlate Button Test Screen 0 DAU eSlate Button Test Screen At the JBC• Acceptance & Functionality Test Procedures aml 1 0 14. Enter the Polling Place ID with the This tests the JBC ENTER key. JBC keypad and the ENTER key on the JBC keypad. 15. Testing can be performed in either Decide on the Acceptance Test mode Early Voting or Election Day mode. ahead of time so that all teams use the same test procedures. 16. Confirm the Polling Place Name. 17. Configure the network of eSlates. Assign a booth number to each eSlate by pressing ENTER on the eSlate. Work from the JBC out. ➢ Wait until the booth number is confirmed before pressing ENTER on the next eSlate. 18. Confirm AC and Battery (DC) power Power status indicators for the JBC are at OKA on the JBC screen. the center, bottom of the JBC screen. 19. Print a Zero Tape Report on the JBC and Select ► Open Polls. 20. Select ► Add Voter on the JBC. 21. Test the soft keys on the JBC Test: a. Press buttons until the "Add Voter ➢ Letter keys Enter Precinct I.D." spaces are , ➢ Number keys, full. ➢ Printer Feed, Contrast Up, and b. Press an arrow button ► to select a Contrast Down keys. precinct. ➢ You have already tested the ENTER c. Press the avow button -4 next to key. Cancel. d. Select ► Add Voter and continue ➢ The * and•# or T and •b keys will not testing buttons. show an image on the Add Voter spaces, but will advance and go back through precinct I.D. screens on the JBC if more than 6 precincts are available. cO' See Appendix A, page 34, for a JBC Functionality Test Documentation Form. 22. Make certain you have tested all You can test the arrow on the lower right arrow buttons ►t along the screen by selecting Check Code or Provisional. on the JBC. Just test that the avow ke res nds. Page 14 Hart InterCivic, Inc. • Acceptance & Functionality Test Procedures • ~J ~J w• sae 10r- 26. Press the Close Polls button on the JBC. 27. If you performed the test in Election Do NOT power off the JBC. Day mode, press the arrow ► next to Print Tall on the JBC. 28. Verify that the number of votes Printed at the end of the Polls Suspended recorded is equal to the number of Report or the Tally Report, observe the ballots you cast number of ACCESS CODES voted. Check that the JBC report "Access Codes Voted" equals the "PUB" Count on the JBC screen. ME M M Election Title ` Jurisdiction Title Date Polling Place !A Date: 11-07-2002 ' ~ Time. 12.59:59 °~0 I` Booth Controller Serial Number - 000016 Software Ver =01.16 Pub Count = 001996 Pvt Count - 012539 Booth (1) Serial Number = A00016 Software Ver =01.16 Pub Count = 001053 Pvt Count = 025536 ■ Access Codes: Issued = 1996 Voted = 1990 Expired = 0004 Canceled - 0002 Precincts Voted # Access Codes: I d = poor ssue Voted = poor Expired - Canceled N Precincts Vo ACCESS CODES Voted `PUB" Count Page 16 Hart InterCivic, Inc. 39 0 At each eSlate- Acceptance & Functionality Test Procedures At the A W'. 23. Press the Help button twice and note the JBC booth indicator light for that eSlate - the light should be flashing red and green. 24. Cast a random ballot on each eSlate. a. Select Add Voter and print an ACCESS CODE for each eSlate or Remember-You are testing DAU eSlate being tested. equipment functionality, not the ballot. b. Do NOT tear off ACCESS CODES. The JBC tape will be a record of the Acceptance Test. c. Note the "Codes Active" message on the JBC screen to monitor the number of ACCESS CODES printed. d. Note the 'PUB Count' on the JBC to monitor the number of ballots cast. There should be one per eSlate. '-See Appendix B, page 35, for an eSlate Functionality Test Documentation Form. DAU eSlate: 25. Get an ACCESS CODE for use on the DAU eSlate, enter it, and bring up the ballot. a. Detach the DAU eSlate from the network. b. Use the tactile Input switches for some navigation. (This tests the dual switch functionality and the switch hardware.) c. fasten to the audio. (This tests the audio functionality and the headphone hardware.) d. Cast a random ballot. e. Reattach to the network and verify that the ballot cast confirmation message appears on the DAU eSlate screen. `:2~' See Appendix C, page 36 for a DAU eSlate Functionality Test Page 15 Hart InterCivic, Inc. • • Rarat the Svstam- Acceptance & Functionality Test Procedures 29. Attach a parallel cable from the EPP port on the PC to the JBC printer rt. 30. Using Hart InterCivids utilities a. On the PC, in the Reset PVS window, software on the PC (ResetPVS), reset check the "Verify eSlate Clear" box. the eSlate system. b. Set the correct number of eSlates connected to the JBC (the DAU eSlate is an eSlate). c. Click on the large Reset PVS button. d. If you get a "JBC" error message, check connections and click on the Reset PVS button again. e. If you get any other error message, simply click on the Reset PVS button again. 31. When the Reset PVS Status indicates "Reset Complete" power cycle the JBC (off and on) and check that the eSlates all indicate a PUB count of Zero. If you do not get the "Reset Complete' message, refer to the Reset procedures starting on page 31. 32. Power off the JBC and disconnect all eSlates may be packed either with, or equipment. without, battery packs. Battery packs are sealed to prevent leakage, and power drainage while connected is Infinitesimal. 33. Pack each unit in its original box, and a. If dual switches (DAU eSlate tactile send boxes to Servo station. (eSlates input switches) and headphones were may be packed in booths at this tested, mark these also, and repack. point.) These may be packed directly into the storage compartments in DAU eSlate booths. b. Separate tested units from those that have not yet been tested. c. Set units that had problems, boxed, in another area. Page 17 Hart InterCivic, Inc. 0 Acceptance & Functionality Test Procedures Test batteries, Reset Clocks. and Add Eauioment to Servo Loa: 34. Document the test using the functionality a. Tear off and keep the JBC logs or a similar checklist. tape as a part of Acceptance Testing documentation. b. Mark the unit boxes as "passed" and the date passed, or mark with notes identifying Problems. 35. Continue testing the next set of equipment 36. Using the battery pack tester (refer to eSlate a. Battery testing may take place publication #6000093A) test eSlate and JBC at a separate table while battery packs. packing continues. b. Connect the tester to the battery pack and get a reading. c. Place a sticker on the battery pack noting the battery level and the date. 37. Set the dock on the Servo PC to reflect local time accurately. 38. After logging into Servo, go to Device-411eset: I i I 39. Select `Erase CVR's and Audit Log" tiona and `Reset JBC Clock°: Page 18 Hart InterCivic, Inc. r~ U Acceptance & Functionality Test Procedures E 40. Connect the parallel cable from LPT1 to the This resets the JBC Cast Vote first JBC and listen for the audible "ding". Records to 0, sets the clock to the same time as the Servo PC, resets the JBC clock, and adds the JBC to the Servo equipment list. 41. Repeat step 39 for each JBC. JBCs are ready to pack after the audible "ding' . 42. When the last JBC's clock is reset leave it eSlates can be added after they connected and proceed to add eSlates, are installed in the eSlate booths using the reset functionality of Servo. First and connected to the pigtail, or de-select "Reset JB Clock." they can be added out of the Device Re5et shipping boxes and then set back into the shipping boxes. ➢ Servo adds new equipment e Equipment List as to th each device Is reset 43. Connect the Booth Out cable from the JBC When Servo makes an audible to one eSlate at a time. "ding" the eSlate is added, and you may proceed to the next unit. 44. Repeat for each eSlate. 45. After the last eSlate is logged, go to Compare the Servo Equipment Reports-4Equipment List and view and print List Report to the shipment list. the Equi mend List Report. I. 46. Store all JBCs, eSlates, and peripherals. 0' See page 38 for Booth Caddy Acceptance Test procedures and a Checklist. Page 19 Hart InterCivic, Inc. 0 Review: Setting up the JBC Review: Settina un the JRC 1. Remove the JBC(s) and eSlates from their boxes. 2. Make certain that the table for the JBC(s) is near an electrical outlet. 3. Place the JBC(s) on the table and insert the MBB on the right-hand side of the JBC. 4. Flip the JBC over onto a padded surface. Open the battery compartment and insert the 2 JBC battery packs. Replace the cover. The battery pack supplies backup DC power. ➢ Make certain the JBC screen is on a padded surface in order to prevent scratching. Leave the other end (female) of the JBC power cable on the table by the JBC, as you need it later. Do not power on the JBC yet. 5. Plug the 3-pronged (male) end of the JBC power cable into the ➢ The JBC does not have an on/off electrical outlet. switch because this makes the unit too easy to accidentally switch off. The power cord is the on/off switch, or you may use the switch on the surge Drotector. 6. Plug one end of the gray JBC booth control cable into the BOOTH OUT Tighten the connector security screws. port at the back of the JBC. Page 20 Hart InterCivic, Inc. • Review: Setting up the eSlates and Disabled Access Units Review: Setting u the eSlates and Disabled Access Units 011. WOMEMON111111 1. Examine the eSlates to find any Disabled Access Units (or DAU eSlates) Disabled Access Units (DAU have a special slot on the right hand side. eSlates . If the unit doesn't have this slot, it is not a nel i QQ1121o The DAU card slot is on this side. • 2. Insert the DAU card into the DAU card slot 3. Plug the Headphones into the headphone jack Check that the in-line volume control on the headphone is not at the maximum level. The jelly switches have different functions: 4. Plug the tactile input switches (jelly switches) into the disabled access jack (S) ➢ The red jelly switch is the same as the eSlate SELECT wheel. ➢ The green jelly switch is the same as the eSlate ENTER button. I Headphones Jack • DAU Cana Slot with card inserted Tactile Input Switches Jack Page 21 Hart InterCivic, Inc. qr, 0 Review: Setting up the eSlates and Disabled Access Units (cont.) MINIM The battery pack supplies backup DC power. 5. Flip the eSlate (DAU eSlate) units ➢ Make certain the eSlate screen is over onto a padded surface. Open on a padded surface in order to the battery compartment and insert prevent scratching. the eSlate battery pack. Replace the ➢ The battery pack also enables the cover. last eSlate in the daisy chain to be disconnected from the system and used for curbside voting. 6. Unwind the eSlate (DAU eSlate) Except for the last eSlate (DAU eSlate) in booth cables the daisy chain. Leave the cable wrapped . around that eSlate. 7. Connect the gray JBC booth cable Tighten the thumbscrews on the eSlate to the first eSlate. connection. 8. Plug the gray booth cable from the first eSlate into the top of the 2ndeSlate (DAU eSlate). 9. Tighten each cable's thumbscrews This prevents accidental disconnections, as you run the eSlate cable into the and it ensures a good connection for top of the next eSlate. information transfer to and from the JBC. 10. Repeat with the rest of the eSlates, connecting them using the cable from the previous eSlate, until you run out of eSlates. 11. Connect the JBC battery key to the Aux DC port and plug the female end of the JBC power cable into the Or use the surge protector switch as a JBC back of the JBC in the port marked on/off switch. POWER Plug in battery key and power cable back here. Daisy chained eSlates with JBC - if ~j j _ J f~. 14 L Page 22 Hart InterCivic, Inc. 4 17ay v ~~1~ J„-L 1• , f ~ _ • Review: Opening the Polls Review: Opening the Polls ID • Plug in the JBC battery key The JBC is a simple and power cable back here. 'menu driven" device. It is operated by responding to _ 1. If you have not yet prompts on the done so, power on screen using the t the JBC. and ► arrow buttons next to the screen. At times you will also use the keyboard on the JBC. Leave the JBC a ov~xno 2. This screen appears briefly and a "JBC Initialized Report on the JBC, to file with Initialized" Report the other prints. Functionality Test reports. 3. Start-Up Password: If a password screen -e comes up, enter the ' password provided by the local ffi U This screen = ce. se Elections O the keypad on the may not _ right hand side of the JBC, and press appear. the ENTER key on the keypad. STOP Page 23 Hart InterCivic, Inc. a, 40 Re view: O enin the Polls Check eSlates to confirm battery power. The word "Battery" appears at the bottom of the button test screen if 4. Go to each eSlate battery power is and test eSlate available. button responses, as directed on the The eSlate button eSlate screens. response screen is only available on the first day of Early Voting and on Election Day (if equipment is not predefined). 5. Use the keypad to type In the polling place identification (ID) number. :ciooc 6. Press the arrow e next to Accept on the JBC Screen or use the ENTER key on the keypad. 7. Press the arrow next to NO to set up This screen may not appear In Election Day . r--, mode (JBC Tally This screen will only . a ~y' Report available at end of day), or press appear if the polling the arrow 100- next to place was set up for Early Voting and YES to set up in Election Day. Earl Voting mode. Page 24 Hart InterCivic, Inc. • Review: Opening the Polls • • 8. Press the arrow ► next to YES if the polling place name is correct. Press the arrow -4 next to NO if either the polling place name or the Election Mode is incorrect. 9. Go to the first eSlate booth, and press the ENTER button. 10. Repeat for all booths. Return to the JBC when you've finished assigning booths. 11. Press the arrow t next to Done. 12. Confirm that you have finished assigning booth numbers by pressing the arrow ► next to Next. The Election Identification Report prints. Leave this Report on the JBC, to file with the other Functionality Test reports. The number 01 is assigned to the first eSlate booth. <3 I" O Page 25 Hart InterCivic, Inc. C7 Revtevr. Cpwft the Pmts This Report shows the booths assigned 13. The JBC prints a to the JBC. Network Configuration Leave the Network Report. Configuration Report to file with the other Functionality Test reports. The Zero Tape Report displays the i tvvp~na contests and options available on the ballot(s) for this 14. Press the arrow polling place. It is next to Print Zero proof that the JBC and eSlates have no ,84 Tape. votes cast on the first OW, day of Early Voting. z• - - Leave the Zero Tape Report to file with the other Functionality Test reports. IMPORTANT- Review the Zero Tape Reportl Page 26 Hart InterCivic, Inc. ~V~1~~~,: 'Y%d~ .mow w..• Y~; 1~y1' ~1ir~ ~-rG.~'.^~w'+ ~V Review: Opening the Polls • F- -I LJ A'Polls Opened" fDe1a: .a,':,OW Report prints. Leave the Polls 15. Press the arrow 110- Opened Report on Per► 'rr+aizeq r}pe next to Open Polls. the JBC to file with the other Functionality Test reports after closing polls. 6. Polls Open Password: If a password screen Ae ti:,a~a ;Vo comes up, enter the I ~ password provided by the local This screen Elections Office may not j #oo:p4 i using the keypad on appear. the right hand side r of the JBC, and press the arrow 110- next to Accept or use the ENTER k . „ - You are now ready to use the Add Voter feature to test JBC b tt "0 WO 17. The JBC Polls Open ons. u ?i! Menu appears. ➢ Check the ;AykFtFoberpk'Riolisy JBC to confirm JBC Polls Open Menu battery power. Page 27 Hart InterCivic, Inc. Z-0 0 Review: Suspending the Polls for Early Voting Review: Suspending the Polls for Early Votin_g If any booths are 1. Press the CLOSE armed the JBC does POLLS button on not allow you to close ' the JBC. polls. - l ' 7 Z~Wl f ~Y 2. Press the ► next to YES to close the polls. This screen may not appear. - The JBC prints a 'irajij _ 3. Use the keypad to report that includes Poll Sus nd d enter the Polls s pe e , Daily Summary, and } Close Password, Cumulative Y and press the ► Summary Reports. next to Accept. Tear off and file the JBC reports and ACCESS CODES as a written record of the Functionality Test. ~r ,dtd° 1 ~I ' k 4. You are ready to disconnect all equipment and r q4 process and file z a paperwork. J Page 28 Hart InterCivic, Inc. Wl'i 39 • Review: Closing the Polls for Election Day Review: Closina the Polls for Election Day u a 1. Press the CLOSE POLLS button on the JBC. 2. Press the arrow ► next to YES to dose the polls. This screen r d 3. Use the keypad to may not yI ~ enter the Polls appear. Close Password, The JBC prints a and press the Polls Closed arrow ► next to Report. Accept. Leave this report to - - - - file with the other Functionality Test reports. Page 29 Hart InterCivic, Inc. 1W. - 3 ,y oc- E Review: Closing the Polls for Election Day The JBC prints a Tally Report for each precinct on this system. It also prints ,raw CW$hd' 4. Press the arrow an ACCESS CODE ' 10, next to Print Summary. Tally. The Polls are now Tear off and file the CLOSED. JBC reports and ACCESS CODES as a written record of the Functionality Test. Wait for the prompt 5. If instructions "Results of Modem from the local Transfer: Successful Elections Office Transfer. - direct you to test modem Press the arrow capabilities, make next to Continue. certain you have a modem If the Modem connected to the Successful message JBC and press does not display, the arrow next press the arrow t next to Continue, Modem check cable Results. R connections, and try again. 6. Confirm that the You are ready to Polls Closed disconnect all message displays equipment and on the JBC process and file screen. paperwork. Page 30 Hart InterCivic, Inc. Review: Reset Procedure Review: Reset Procedure Included with the eSlate system is a program called ResetPVS. This program resets the JBC, eSlates and any MBEs in the JBC at the time of reset. It does not erase any ballot styles contained on an MBB. It erases and resets the cast votes and the audit logs. Materials J • A computer with ResetPVS software A reset cable All JBCs, eSlates, and DAU eSlates to be reset daisy-chained, with up to 12 eSlate/DAU eSlates per JBC Reset Procedures 5 111 WK 1. Open ResetPVS software on the W00=101 If ResetPVS is not on the desktop, follow computer: the path: Start- Programs- Hart InterCMc-► ResetPVS. 2. Enter the password for access to ResetPVS. Make certain that the JBC is powered up and the eSlates are assigned booth 3. Place the computer loaded with numbers. ResetPVS near the first JBC and If the eSlates cannot be assigned IV' daisy-chained eSlates to be reset. booth numbers see Step 9, More Information. This is a long trapezoid port on the back (LPT 1). Make certain that the cable is going in the 4. Connect the reset cable to the printer same direction as the port. The shapes port on the back of the computer. must match. If the cable isn't fitting, check to make certain you've got it going in the right direction. Do not force the cable! 5. Take the other end of the reset cable & plug it into the Printer port on the back of the JBC. 6. Click the Verify eSlate Clear box in If you are only resetting a JBC, DO NOT the Reset PVS window on the PC. check the Verify eSlate Clear box. 7. Click the eSlate Units field in-the Reset PVS window, and enter the number of eSlates connected to the JBC you are resetting. Page 31 Hart InterCMc, Inc. 0 Reset Procedures Click the large Reset PVS button in ResetPVS begins the process of resetting the Reset PVS window. the JBC and eSlates. The Status field displays messages reflecting progress: "Clearing Audit Memory", "Clearing PVS memory", and "Reset Complete". The Time field displays time elapsed for the reset process. If ResetPVS displays an error message, check cable connections and click the Reset PVS button aaain. 9. When Reset Is successfully Note: If the "Reset Complete' status does not finished, the Status field reads: display, check that you have the correct "Reset Complete'. number of eSlate units indicated, cycle power on the JBC, and click the Reset PVS button again. If the "Reset Complete" status does not display after repeated attempts disconnect all but one eSlate from the chain, uncheck the Verify eSlate Clear box, and reset one eSlate at a time from the same JBC. If eSlate booths are not assigned you must use this procedure. 10. Recycle power on the JBC (off When an eSlate is first powered on it should and back on) and check that the show the button test screen with the PUB PUB count indicator on the (current election) and PVT (hardware life) cast connected eSlate(s) reads Zero. vote record count. If the eSlate(s) PUB count does not read all zeros run Reset PVS again. 11. Power off the JBC and move it, Turn JBC DC power off by pressing the "H, C, and the eSlate(s), out of the way. and V" keys on the JBC simultaneously. An alternate way to turn DC power off is to disconnect the battery key at the Aux DC port on the back of the JBC. Page 32 Hart InterCivic, Inc. ry h~~ 3 V r fir' v ~ r'\ • Review: Disconnecting the Equipment Review: Disconnecting the Equipment r~ i~ffil 11010 1. l Unplug the JBC from all power sources (if you haven't already) and Before powering off or disconnecting the disconnect both the booth cable and system perform Reset procedures, as the power cable from the back of the necessary, for warehouse functions. JBC. 2 Remove the MBB During election events, treat the JBC like a . . sealed ballot box. 3. Remove the DAU card from the DAU eSlate. 4. Disconnect headphones, tactile input switches, and eSlate battery packs. 5. Unscrew, and remove, the booth cables from the backs of the There is a serial number sticker (for eSlates. example: A00036) on the bottom of each JBC, eSlate and DAU eSlate. 6. Wrap each eSlate booth cable Make certain that each JBC, eSlate or DAU eSlate goes back into the box with the around Its eSlate, and place the matching serial number. eSlates in their boxes. 7. Coil the JBC booth and power cables, and set them next to the JBC. 8. Remove the Styrofoam end braces from the JBC box. Place the braces on either side of the JBC, and place the JBC into its box. 9. Place the JBC cables inside the JBC box, on top or in back of the JBC, and close the box. 10. Pack surge protector(s), headphones, jelly switches, and other equipment. Page 33 Hart InterCivic, Inc. E Appendix A: JBC Functionality Test Documentation APPENDICES JBC Functionality Test Documentation Perform the functionality test on eSlate equipment to be used at the polling places. Use the following checklist and sign to confirm that the system passed, or document problems encountered. Use one form per JBC. ❑ Alphabetical buttons ❑ Contrast Up button ❑ Screen display ❑ Numeric buttons ❑ Contrast Down button ❑ Private Counter ❑ ► & 4 buttons ❑ Close Polls button El Public Counter ❑ Space button ❑ Back button ❑ Battery backup ❑ Printer Feeder button ❑ Enter button ❑ Printer ❑ y or # button ❑ T or * button ❑ Clock set to correct time ❑ Port Pins OK ❑ Booth Status ❑ lights Page 34 Hart InterCivic, Inc. • • • Remember to test the following items: ❑ Select Wheel left ❑ Enter button ❑ Select Wheel right ❑ Help button (press once) ❑ Prev button ❑ Help button (press twice) ❑ Cast Ballot button ❑ Next button ❑ ❑ Battery backup ❑ ❑ Port Pins OK Page 35 Hart InterCivic, Inc. 40 Appendix 8: eSlate Functionality Test Documentation Appendix B: eSlate Functionality Test Documentation Use one form per "string" of 1-12 e3lates. Appendix C: DAU eSlate Functionality Test Documentation Appendix C: DAU eSlate Functionality Test Documentation Use one form per DAU eSlate. tuber to test the following items: ❑ Select Wheel left ❑ Enter button ❑ Select Wheel right ❑ Help button (press once) ❑ Prev button ❑ Help button (press twice) ❑ Cast Ballot button ❑ Next button ❑ Red button = Select Wheel ❑ Green button = Enter Wheel ❑ Headphones register audio ❑ Battery backup ❑ ❑ Port Pins OK Page 36 Hart InterCivic, Inc. 0 0 0 0 fb i c? 4 V V ~ Reauirements: 1) Booth has four togs with spring buttons and end caps; 6) Booth has two snaps on front that attach lid to base 2) Booth has four leg extensions with spring buttons; 7) Assemble booth. Booth must stand without support required: 3) Two Valcro tabs secure legs to booth, one Velcro tab secures cross 8) Booth has two privacy panel, one storage cover, one cable, and two brace to booth; document holders; 4) Cross brace has assembly Instructions attached; 9) eSlate area has four brass buttons and one foam pad. S) Booth has two black feet; Inspection Results: I = Item OK Date Time Inspector 1) 2) 3) 4) S) 6) 7) 8) 9) 10) Affix ID 0 Action I Comments Note: There are 25 lines per Booth Acceptance Test Form. Acceptance Document.doc Page 37 Hart InterCivic, Inc. eSlate Support Procedures Appendix E: eSlate Booth "Caddy" Acceptance Test Documentation V O"(V dP t/V 4~ `{y r i4 Requirements: 10) No shipping damage; 15) Strap stays tight around booths until manually released; 11) Caddy top shelf rotates freely around Its hinge; 16) Caddy loads onto floor Jack and/or hand truck; 12) Wire racks are uniform; 17) Booths are stable on Caddy when moved about warehouse; 13) Velcro loop, buckle, and strap are Intact; 18) Caddy and booths maintain stability while loading onto, and while unloading 14) Booths sit In Caddy upright; from, transport vehicle. Inspection Results. r ' =Item OK Date Time Inspector 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) Affix ID # Action / Comments ~.wtu. i Truro am Z; ones per tsootn "Gaddy" Acceptance Test Form. Page 38 Hart InterCivic, Inc. ~J • Brazos County, Texas' eSlate System Hardware Delivery & Acceptance r ~ +;r : Units Ordered Item Description Units Received Date Received Acceptance Testing Completed Units Accepted Units Rejected Initials Comments The undersigned Brazos County Officials acknowledge receipt and acceptance of the final dehvery of the eSlate System Hardware and peripherals as listed. Date Date Date is EXIE03TT A eSlate Warranty, Support, Maintenance and License Agreement (See Attached Agreement) Page 1 of I CONFIDENTIAL THE FOLLOWING DOCUMENT ORIGINALS ARE LOCATED IN VOLUME 39 BUT IMAGED IN VOLUME 38 FOR CONVENIENCE • Agreement No. eSlate I Agreement No. HART INTERCIVIC, INC. eSLATE WARRANTY, SUPPORT, MAINTENANCE AND LICENSE AGREEMENT (SIGNATURE PAGE) • This eSlate Warranty, Support, Maintenance and License Agreement ("Agreement') is entered into by and between Hart InteiCivic, Inc., a Texas corporation ("Hart', and Brazos County ("Client'), a governmental subdivision of the State of Texas. This Agreement is entered into in connection with an eSlate Agreement dated between Hart and Client under which Client has purchased eSlateTm Hardware. This Agreement sets forth terms between Hart and Client applicable to Client's ownership and use of the eSlate Hardware and license from Hart of Hart Proprietary Software, including warranty, support, maintenance, license, and other terms. Defined terms used in this Agreement will have the meanings specified in Section 13, Definitions, or as otherwise set forth herein. The following Schedules are attached to this Agreement and made a part hereof- Schedule A, Support Contact Information Schedule B, Hart Proprietary Software Schedule C, Non-Hart Software Schedule D, Initial Annual Fee Client acknowledges it has read and understands this Agreement (including all Schedules) and is entering into this Agreement only on the basis of the terms expressly set forth in this Agreement. There are no oral agreements, representations or warranties. The Effective Date of this Agreement is o t Agreed and Accepted: Client Name: Brazos County Address: 300 E. 26'b Street Bryan, TX 77803 Attn: Karen McQueen County Clerk Brazos County Primary Phone: 979-361-4135 Facsimile: 979-361-4125 e-mail kmcqueen@co.bmws.tx.us Executed by: Name: Alvin Jones Title: County Judge Brazos County Hart Hart InterCivic, Inc. 15500 Wells Port Drive Austin, TX 78728 Attn: Jerry Meadows, Senior Vice President Election Solutions Group 800-223-4278 800-831-1485 jmeadows@hartic.com JeftMebdows Senior Vice President Election Solutions Group This Agreement is not effective until executed by both parties. Page 1 of 16 CONFIDENTIAL • In consideration for the agreements set forth herein, the parties agree as follows: 1. Warranty Terms 1.1 eSlate Hardware Limited Warranty. Had warrants and represents that the eSlate Rectronic Voting System was created and designed specifically for the election process. including the type of elections typically conducted in Brazos County, Texas, a representation upon which Client.relied in selecting this system for purchase. Hart warrants that during the warranty period the eSlate Hardware purchased by Client will be free from defects in materials and workmanship and will substantially conform to the performance specifications stated in the Hart Precinct Voting System Operator's Manual for the eSlate Hardware. The warranty period is three years beginning with the Installation Date. Hart will, at Hart's sole discretion, replace or, repair any eSlate Hardware which does not comply with this warranty, at no additional charge to Client. To request warranty service, Client must contact Hart in writing within the warranty period. Hart may elect to conduct any repairs at Client's site, Hart's facility or any other location specified by Hart. Any replacement eSlate Hardware provided to Client under this warranty may be new or reconditioned. Hart may use new and reconditioned parts in performing warranty repairs and building replacement products. If Hart repairs or replaces eSlate Hardware its warranty period is not extended and will terminate upon the end of the warranty period of the replaced or repaired eSlate Hardware. Hart owns all replaced eSlate Hardware and all parts removed from repaired products. Client acknowledges and agrees that this warranty is contingent upon and subject to Client's proper use of the eSlate Electronic Voting System and the Exclusions from Warranty, Support and Maintenance Coverage set forth in Section 1.3. This warranty does not cover any eSlate Hardware which has had the original identification marks and/or numbers removed or altered in any manner. The remedies set forth in this Section are the full extent of Client's remedies and Hart's obligations regarding this warranty. 1.2 Hart Proprietary Software Limited Warranty. Hart warrants that during the term of this Agreement the Hart Proprietary Software will perform substantially according to the then current functional specifications described in the BOSSTM, Tal1yTM and Ballot NowTb Operators' Manual accompanying such Hart Proprietary Software. To request warranty service, Client must contact Hart in writing within the warranty period. Failure to conform to the warranty must be reported in writing and be accompanied with sufficient detail to enable Hart to reproduce the error and provide a remedy or suitable work-around. Hart will make commercially reasonable efforts to remedy or provide a suitable work-around for defects, errors or malfunctions covered by this warranty that have a significant adverse affect upon operation of the Hart Proprietary Software, at no additional charge to Client. Because not all errors or defects can or need be corrected, Hart does not warrant that all errors or defects will be corrected. Client acknowledges and agrees that this warranty is contingent upon and subject to Client's proper use of the eSlate Electronic Voting System and the Exclusions from Warranty, Support and Maintenance Coverage set forth in Section 1.3. The remedies set forth in this Section 1.2 are the full extent of Client's remedies and Hart's obligations regarding this warranty. 13 Exclusions from Warranty, Support and Maintenance Coverage. The warranties under this Section 1 and Software support and maintenance under Section 2 do not cover defects, errors or malfunctions which are caused by any external causes, including but not limited to any of the following: (a) Client's failure to follow operational, maintenance or storage instructions as set forth in applicable documentation; (b) the use of non-compatible media, supplies, parts or components; (c) modification or alteration of the eSlate Electronic Voting System, or its components, by Client or third parties not authorized by Hart; (d) use of equipment or software not supplied or authorized by Hart; (e) external factors (including, without limitation, power failure, surges or electrical damage, fire or water Page 2 of 16 • damage, air conditioning failure, humidity control failure, or corrosive atmosphere harmful to electronic circuitry); (f) failure to maintain proper site specifications and environmental conditions; (g) negligence, accidents, abuse, neglect, misuse or tampering; (h) improper or abnormal use or use under abnormal conditions; (i) use in a manner not authorized by this Agreement or use inconsistent with Hart's specifications and instructions; 0) use of software on Equipment that is not in good operating condition, (k) acts of Client, its agents, servants, employees, or any third party, (1) servicing, support or maintenance not authorized by Hart; or, (m) Force Majeure. Hart reserves the right to charge for repairs (on a time and materials basis at Hart's then prevailing rates, plus expenses) and replacements (at Hart's list prices) caused by these exclusions from warranty, support and maintenance coverage. 1.4 Non-Hart Equipment and Non-Hart Software Excluded. HART MAKES NO REPRESENTATIONS OR WARRANTIES AS TO NON-HART EQUIPMENT AND NON-HART SOFTWARE, IF ANY, PROVIDED BY HART TO CLIENT, ALL OF WHICH IS SOLD, LICENSED OR SUBLICENSED TO CLIENT "AS IS." HART HAS NO RESPONSIBILITY OR LIABILITY FOR NON-HART EQUIPMENT AND NON-HART SOFTWARE, IF ANY, PROVIDED BY HART'S DISTRIBUTORS OR OTHER THIRD PARTIES TO CLIENT. If Hart sells, licenses or sublicenses any • Non-Hart Equipment or Non-Hart Software to Client, Hart will pass through to Client, on a non- exclusive basis and without recourse to Hart, any third party manufacturer's warranties covering the equipment or software, but only to the extent, if any, permitted by the third party manufacturer. Client agrees to look solely to the warranties and remedies, if any, provided by the manufacturer or third party licensor. Hart does represent and warrant that the Non-Hart Software and Non-Hart Equipment to be purchased under the eSlate Agreement dated of even date herewith is compatible and, when functioning properly, will function properly with the eSlate Electronic Voting System. 1.5 DISCLAIMER THE WARRAN'T'IES IN THIS WARRANTY TERMS SECTION GIVE CLIENT SPECIFIC LEGAL RIGHTS, AND CLIENT MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). HART'S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN ESLATE HARDWARE AND HART PROPRIETARY SOFTWARE IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS WARRANTY TERMS SECTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES IN SECTION 1 OF THIS AGREEMENT, (A) THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SALE OF ESLATE HARDWARE AND LICENSE OF HART PROPRIETARY SOFTWARE, AND, (B) HART DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TIME AND NON-INFRINGEMENT FOR ALL EQUIPMENT, SOFTWARE, • AND SERVICES. THE EXPRESS WARRANTIES EXTEND SOLELY TO CLIENT. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CLIENT. 2. Software Support and Maintenance Services. 2.1 Description of Support and Maintenance Services. Subject to the terms and conditions of this Agreement, Hart will provide Client the Software support and maintenance services described below. Support and maintenance under this Section 2 do not cover any of the exclusions from warranty, support and maintenance coverage as described under Section 1.3. If Hart, in its discretion, provides support and maintenance in addition to the services described under this Section 2, Client will pay Hart for services on a time and materials basis at Hart's then prevailing rates, plus expenses, and for Page 3 of 16 CONFIDENTIAL 0 replacements at Hart's list prices, unless otherwise agreed in writing by Hart and Client. 2.1.1 Software Support. Software support will consist of assisting the Client in design and production of elections including pre-election and post-election testing and general operation of the eSiate Electronic Voting System. 2.1.2 Software Maintenance. Software maintenance will consist of periodic updates and any software "bug" corrections to Software. A Software "bug" will be any malfunction that prevents the Software from performing substantially as described in the then-current operator's manual for such Software. Because not all errors or defects can or need be corrected, Hart does not warrant that all errors or defects will be corrected. Hart reserves the right to determine whether any reported, claimed Software malfunction is in fact a software "bug". Software "bugs" must be reported in writing and be accompanied with sufficient detail to enable Hart to reproduce the error and provide a remedy or suitable work-around. The exclusions from warranty coverage under Section 1.3 also are exclusions from Software maintenance under this Section 2.1.2. 2.13 Client Suezestions and Recommendations. Client may propose, suggest or r recommend changes to the Software at any time in writing to Hart. Such proposals, suggestions or recommendations will become Hart's properly. Hart may include any such proposals, suggestions or recommendations, solely at Hart's option, in subsequent periodic Software updates. Hart is under no obligation to change, alter or otherwise revise the Software according to Client's proposals, suggestions or recommendations. 2.2 Support Contact Information. Support contact information is set forth on Schedule A, Support Contact Information. 3. Software Licenses and Sublicenses. 3.1 Licenses and Sublicenses. Subject to the terms and conditions of this Agreement, Hart grants to Client a personal, non-exclusive, nontransferable limited license to use the Hart Proprietary Software and a personal, non-exclusive, nontransferable limited sublicense to use the Sublicensed Software. Hart will provide Client, and Client will be permitted to use, only the run-time executable code and associated support files of the Software for Client's internal data processing requirements as part of the eSlate Electronic Voting System. The Software may be used only in the United States at the Licensed Location specified on Schedule B on the Equipment or other computer systems authorized by Hart in writing. Client may temporarily transfer the Software to a back-up computer system at an alternative location within Client's county of operation if the Equipment or other authorized computer system is inoperative or the Licensed Location is temporarily unavailable, provided Client must promptly give Hart written notice of such temporary transfer, including a description of the back-up computer system and the alternative location. Client's use of the Software will be limited to the number of users specified in Exhibits B and C. Only Client and its authorized employees may use or access the Software. Voters are also authorized to interact with the Software, in a manner consistent with user instructions, for the sole purpose of producing a cast vote record during the course of an election. Client agrees that Hart, the licensors of Sublicensed Software, and their representatives may periodically inspect and conduct and/or direct an independent accounting firm to conduct an audit, at mutually agreed upon times during normal business hours, of the computer site, computer systems, Equipment and appropriate records of Client in order to verify Client's compliance with the terms of the licenses and sublicenses granted to Client. Page 4 of116~ CONFIDENTIAL • 3.2 Delivery and Installar on. Hart will deliver and install the Software at the Client's site on a mutually agreed upon date during Hart's normal working hours. Hart represents that the Hart Proprietary Software to be installed is the most recent version certified by the Secretary of the State of Texas and Client agrees that it will accept the Hart Proprietary Software as certified by the Secretary of the State of Texas. The Software will be deemed accepted after the Software has been installed on the Equipment ("Acceptance'). 3.3 Training and Documentation. Hart will provide standard user-level documentation for the Software and operational training as described in Exhibit "C" of the eSlate Agreement of even date herewith prior to the fast election for which the Software will be used. Charges for additional training or support services will be invoiced to Client at Hart's then-current hourly rates, plus travel, communication and other expenses. Any non-standard or additional training or support services will be mutually agreed to by Hart and Client and documented in an amendment to this Agreement. 3.4 Protection of Software. • (a) The eSlate Hardware and Hart Proprietary Software are designed to be used only with each other and the Non-Hart Software and Non-Hart Equipment. To protect the integrity and security of the eSlate Electronic Voting System, without the express written consent of Hart, (i) Client shall use the Software and Equipment only in connection with the eSlate Electronic Voting System, (ii) Client shall not install or use other software on or with the Equipment or Software or network the Equipment or Software with any other hardware, software, equipment or computer systems, and (iii) Client shall not modify the Equipment or Software. If Client does not comply with any provisions of the preceding sentence, then (i) the Limited Warranties under section 1 will automatically terminate; (ii) Hart may terminate its obligation to provide Support and Maintenance Services under section 2; (iii) Hart will have no further installation obligations under section 3.2 (Delivery and Installation), and (iv) Hart will have no further obligations under section 3.3 (Training and Documentation). Hart shall provide Client a written statement describing its claim that Client has not complied with the above referenced provisions before it seeks to invoke the remedies stated above. Client, in such case, shall be due a credit for any equipment not delivered or services not rendered by Hart as a result of such termination. Furthermore, if Client uses the Software and Equipment in combination with other software and equipment (other software or equipment being those not provided by Hart or its designees), and the combination infringes Hart proprietary patent claims outside the scope of the software license granted to Client under Section 3, Hart reserves its rights to enforce its patents with respect to those claims. (b) Client shall not, under any circumstances, cause or permit the adaptation, • conversion, reverse engineering, disassembly or de-compilation of any Software. Client shall not use any Software for application development, modification or customization purposes, except through Hart. (c) Client shall not assign, transfer, sublicense, time-share or rent the Software or use it for facility management or as a service bureau. This restriction does not preclude or restrict Client from contracting for election services for other local governments located within Client's jurisdictional boundaries. Client shall not modify, copy or duplicate the Software; provided, during the term of the Software licenses and sublicenses, Client may have in its possession one copy of the Software for inactive archival or back-up purposes. All copies of the Software, in whole or in part, must contain all of Hart's or the third party licensor's titles, trademarks, copyright notices and other restrictive and proprietary notices and legends (including government restricted rights) as they appear on the copies of the Software provided to Client. Client shall notify Hart of the following: (i) the location of all Software and all copies thereof, Page 5 Q"'":~-.~_;s~ CONFIDENTIAL • and (ii) any circumstanceslmown to Client regarding any unauthorized possession or use ofthe Software. . (d) Upon termination of Client's license or sublicense of Software, Client shall immediately discontinue all use of the Software and return to Hart or destroy, at Hart's option, the Software (and all related documentation and Confidential and Proprietary Information) and all archival, back-up and other copies thereof, and provide certification to Hart of-such return or destruction. (e) Client shall not publish any results of benchmark tests run on any Software. (f) Although the Hart Proprietary Software and Sublicensed Software are protected by copyright and/or patents, they may be unpublished, and constitute Confidential and Proprietary Information of Hart and the third party licensor, respectively. Client shall maintain the Software in confidence and comply with the terms of Section 6, Protection of Confidential and Proprietary Information, with respect to the Software. (g) Client's obligation to protect confidential and proprietary information, including but not limited to results of benchmark tests, is subject to the Texas Public Information Act, Government Code §552.001 et seq. (h) This Section 3.4 will survive the termination or cancellation of this Agreement. 35 No Transfer of Title. This Agreement does not transfer to Client title to any Software, intellectual property contained in any Software, or Confidential and Proprietary Information. Title to Hart Proprietary Software and all copies thereof, and all associated intellectual property rights therein, will remain in Hart. Title to Non-Hart Software and all copies thereof, and all associated intellectual property rights therein, will remain in the applicable third party licensor. 3.6 Inherently DanEerous Aoalications. The Software is not developed or licensed for use in any nuclear, aviation, mass transit, or medical application or in any other inherently dangerous applications. Client shall not use the Software in any inherently dangerous application and agrees that Hart and any third party licensor will not be liable for any claims or damages arising from such use. 4. Annual Fee. 4.1 Amount of Annual Fee. The Annual Fee is a combined licensing, sublicensing, support and maintenance fee. Client will pay Hart an Annual Fee upon execution of this Agreement and annually thereafter before each Anniversary Date. The amount of the Initial Annual Fee, payable upon execution of this Agreement, is the amount specified as the "Initial Annual Fee" on Schedule D, Initial Annual Fee. Subsequent Annual Fees are due annually prior to each Anniversary Date of this Agreement. Hart may adjust the amount of the Annual Fee payable on each Anniversary Date by notifying Client of any price changes with the invoice in which the adjustment is made, provided however, the Annual Fee shall not increase over the amount stated on Schedule D for the next succeeding five (5) renewal terms. Unless adjusted by Hart, each Annual Fee will be the same as the immediately preceding Annual Fee. 4.2 Invoices. Hart will invoice Client annually 90 calendar days before the due date of the Annual Fee. 43 Payments. Client must pay each invoiced Annual Fee before the Anniversary Date immediately following the date of invoice. If Client elects not to or fails to timely pay an Annual Fee, s,~.t g ..'Pargtrf6 CONFIDENTIAL • this Agreement and the licenses, sublicenses and Software support and maintenance services will automatically terminate on such Anniversary Date. All payments are to be made to Hart at its principal office in Austin, Texas, as set forth on the Signature Page or to such other location as may be designated by Hart in a notice to Client. 4.4 Additional Char¢es. Additional charges may apply to services rendered outside contracted hours or beyond normal coverage at Client's request, e.g., travel expenses, premium and minimum charges. Any additional charges must be mutually agreed to by Hart and Client and documented in an amendment to this Agreement. 4.5 Payment Disputes. If any dispute exists between the parties concerning the amount due or due date of any payment, Client shall promptly pay the undisputed portion. Such payment will not constitute a waiver by Client or Hart of any of their respective legal rights and remedies against each other. 4.6 Taxes. If Client is tax exempt, Client will provide Hart with proof of its tax-exempt • status. If Client is not tax-exempt, (a) Client will pay any tax Hart becomes obligated to pay in connection with this Agreement, exclusive of taxes based on the net income of Hart, and (b) Client will pay all personal property and similar taxes assessed after shipment. If Client challenges the applicability of any such tax, Client shall pay the tax and may thereafter seek a refund. 4.7 Suspension of Performance. If any payment due to Hart under this Agreement is past due more than thirty days, Hart may suspend performance under this Agreement until all amounts due are current. 5. Client Responsibilities. 5.1 Determination. Client acknowledges it has determined that the eSlate Electronic Voting System meets its requirements premised on information provided to it in response to is questions and stated needs as set forth in Exhibit "C" attached to the eSlate Agreement of even date herewith and demonstrations of the eSlate Electronic Voting System. 5.2 Cooperation. Client agrees to cooperate with Hart and promptly perform Client's responsibilities under this Agreement. Client will (a) provide adequate working and storage space for use by Hart personnel near Equipment, (b) provide Hart full access to the Equipment and Software and sufficient computer time, subject to Client's security rules, (c) follow Hart's procedures for placing warranty service requests and determining if warranty remedial service is required, (d) follow Hart's • instructions for obtaining support, maintenance and warranty services, (e) provide a memory dump and additional data in machine readable form if requested, (f) reproduce suspected errors or malfunctions in Software, (g) provide timely access to key Client personnel and timely respond to Hart's questions, and (h) otherwise cooperate with Hart in its performance under this Agreement. 5.3 Site Preparation. Client shall prepare and maintain the installation site in accordance with instructions provided by Hart. Client is responsible for environmental requirements, electrical interconnections and modifications to facilities for proper installation, in accordance with Hart's specifications. Any delays in preparation of the installation site will correspondingly extend Hart's delivery and installation deadlines. 5.4 Site Maintenance; Proper Stornee. Client shall maintain the appropriate operating w t :;~z -Pi& I-of 16 - - 5 CONFIDENTIAL environment, in accordance with Hart's specifications, for the Equipment and Software and all communications equipment, telephone lines, electric lines, cabling, modems, air conditioning and all other equipment and utilities necessary for the Equipment and Software to operate properly. Client shall properly store the Equipment and Software when not in use. 55 Use. Client is exclusively responsible for supervising, managing and controlling its use of the eSlate Electronic Voting System, including but not limited to, establishing operating procedures and audit controls, supervising its employees, making daily backups, inputting data, ensuring the accuracy and security of data input and data output, monitoring the accuracy of information obtained, and managing the use of information and data obtained. Client will ensure that its personnel are, at all times, educated and trained in the proper use and operation of the eSlate Electronic Voting System and that the Equipment and Software are used in accordance with applicable manuals, instructions and specifications. Client shall comply with all applicable laws, rules and regulations with respect to its use of the eSlate Electronic Voting System. 5.6 Backuvs. Client will maintain back-up data necessary to replace critical Client data in the event of loss or damage to data from any cause. 6. Protection of Confidential and Proorietarv Information. 6.1 Confidentiality. Client will keep in confidence and protect Confidential and Proprietary Information from disclosure to third parties and restrict its use to uses expressly permitted under this Agreement. Client shall take all reasonable steps to ensure that the trade secrets and proprietary data contained in the Equipment and Software and the other Confidential and Proprietary Information are not disclosed, copied, duplicated, misappropriated or used in any manner not expressly permitted by the terms of this Agreement. Client shall keep the Software and all tapes, diskettes, CDs and other physical embodiments of them, and all copies thereof, at a secure location and limit access to those employees who must have access to enable Client to use the Software. Client acknowledges that unauthorized disclosure of Confidential and Proprietary Information may cause substantial economic loss to Hart or its suppliers and licensors. Each permitted copy of Confidential and Proprietary Information, including its storage media, will be marked by Client to include all notices that appear on the original. Title, copyright and all other proprietary rights in and to the Software at all times remains vested exclusively in Hart or, as applicable, third party licensors. 6.2 Return of Confidential and Proprietary Information. Upon termination or cancellation of this Agreement or, if earlier, upon termination of Client's permitted access to or possession of Confidential and Proprietary Information, Client shall return to Hart all copies of the Confidential and Proprietary Information in Client's possession (including Confidential and Proprietary Information incorporated in software or writings). 63 Intellectual Properties. All ideas, concepts, know-how, data processing techniques, documentation, diagrams, schematics, firmware, equipment architecture, software, improvements, bug fixes, upgrades and trade secrets developed by Hart personnel (alone or jointly with Client) in connection with Confidential and Proprietary Information, eSlate Hardware, and Hart Proprietary Software will be the exclusive property of Hart. 6A Support and Maintenance Materials. Client acknowledges that all support and maintenance materials are the property of Hart and include Confidential and Proprietary Information of Page-8-of 16 CONFIDENTIAL • Hai-c. Client agrees that it will not permit anyone other than Hart installation and maintenance personnel and authorized County employees to use such materials. 6.5 Client Employees. Client will inform its employees of their obligations under this Section 6 to ensure that such obligations are met. 6.6 License Back. If Client possesses or comes to possess a licensable or sublicensable interest in any issued patent with claims that read upon the eSlate Electronic Voting System, its method of operation, or any component thereof; Client hereby grants and promises to grant an irrevocable, royalty free, paid-up license, with right to sublicense, of such interest to Hart permitting Hart to make, have made, use and sell materials or services within the scope of the patent claims. 6.7 State Law. Client's obligations pursuant to Section 6 are subject to the Texas Public Information Act, Government Code §552.001 et seq. • 6.8 Survival. This Section 6 will survive termination or cancellation of this Agreement. 7. Title; Risk of Loss 7.1 Software. (a) Hart Propriptga Title to Hart Proprietary Software, all copies thereof and all associated intellectual proprietary rights therein will remain in Hart, including but not limited to all patents, copyrights, trade secrets, trademarks and other proprietary rights. (b) Non-Hart Software. Title to Non-Hart Software, all copies thereof and all associated intellectual proprietary rights therein will remain in the applicable third party licensor, including but not limited to all patents, copyrights, trade secrets, trademarks and other proprietary rights. (c) Risk of Loss. Risk of loss to Software will pass to Client upon delivery. 7.2 - Confidential and Proprietary Information. Title to Hart's Confidential and Proprietary Information will remain in Hart. Title to Confidential and Proprietary Information of Hart's suppliers and licensors will remain in the relevant suppliers and licensors. 73 Proprietary Riehts. Client acknowledges and agrees that the design of the eSlate • Electronic Voting System, design of the eSlate Hardware, Hart Proprietary Software, and any and all related patents, copyrights, trademarks, service marks, trade names, documents, logos, software, microcode, information and material, are the property of Hark Client agrees that the sale of eSlate Hardware and license of Hart Proprietary Software to Client does not grant to or vest in Client any right, title or interest in such proprietary property. All patents, trademarks, copyrights, trade secrets and other intellectual property rights, whether now owned or acquired by Hart with respect to the eSlate Electronic Voting System, eSlate Hardware and Hart Proprietary Software, are the sole and absolute property of Hart and no interest therein is being vested in Client by the execution of this Agreement or the sale of the eSlate Hardware or license of the Hart Proprietary Software to Client. Client shall not, under any circumstances, cause or permit the adaptation, conversion, reverse engineering, disassembly or de- compilation of any Software or Equipment. Client will have no authority or right to copy, reproduce, modify, sell, license or otherwise transfer any rights in any proprietary property of Hart. The provisions 9 4q ~FW Page 9 of 16 CONFIDENTIAL of this section 7.3 will survive the termination or cancellation of this Agreement. 8. Term of agreement; Termination. 8.1 Term. The initial tern of this Agreement and the licenses granted herein is one year commencing on the Effective Date and expiring on the first Anniversary Date. 8.2 Renewal Terms. Except as otherwise provided in this Agreement, Client may renew this Agreement prior to its expiration or termination by paying the Annual Fee invoiced by Hart, as provided in Section 4.2, before the Anniversary Date immediately following the date of invoice, as provided in Section 4.3. Each renewal term will be a one-year term, commencing on the expiration of the prior term and expiring on the immediately following Anniversary Date. 83 Defaults. The following events will be deemed to be defaults: (a) A party committing a material breach of any term of this Agreement or the eSlate Agreement if such breach has not been cured within thirty days after written notice of such breach has been given by the non-defaulting party to the defaulting party; (b) A party filing bankruptcy, becoming insolvent, or having its business placed in the hands of a receiver, assignee or trustee, whether by voluntary act or otherwise; or, (c) A party failing to comply in any material respect with any federal, state or local laws applicable to a party's performance under this Agreement or the eSlate Agreement. 8.4 Termination. (a) This Agreement will automatically terminate at the end of its then current term if Client has elected not to or has failed to timely make full payment to Hart of the invoiced Annual Fee required to renew the term, as provided in Sections 4.3 and 8.2. (b) Hart may terminate Software Support and Maintenance Services under Section 2 on 30 days prior written notice to Client if Hart determines that any alterations, attachments or modifications not made by Hart or the failure to install a maintenance release will interfere with the provision of support or maintenance. (c) A party may terminate this Agreement before expiration of its term for default by the other party. If default occurs, the parties will have all remedies provided in this Agreement and otherwise available by statute, law or equity, subject to the provisions of section 9. , 8.5 Survival. Section 1.1 will survive the termination or expiration of this Agreement until the end of the warranty period stated therein. Sections 3.4(b), 3.4(c), 3.4(d), 3.4(e), 3.4(f), 6, 73, 8.5, 9, 11 and 12 will survive the termination or expiration of this Agreement. 9. Limitation of Damages. 9.1 EXCLUSIVE REMEDY. HART DOES NOT ACCEPT ANY LIABILITY FOR WARRANTIES BEYOND THE REMEDIES SET FORTH IN SECTION 1. HART'S ENTIRE ~3 9 r k~ l D CONFIDENTIAL • LIABILITY AND CLIENT'S EXCLUSIVE REMEDY IFOR ANY AND ALL CLAIMS CONCERNING THE ESLATE HARDWARE PROVIDED TO CLIENT BY HART OR ITS DISTRIBUTORS, THIS AGREEMENT AND SOFTWARE AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE SET FORTH IN THIS SECTION 9 AND SECTION 8.4(C). • 9.2. DISCLAIMER. CLIENT IS RESPONSIBLE FOR ASSURING AND MAINTAINING THE BACK-UP OF ALL CLIENT DATA. UNDER NO CIRCUMSTANCES WILL HART BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR THE LOSS OF OR DAMAGE TO CLIENT ' DATA. 93 LIEVIITATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HART, HART'S LICENSORS AND ANY PARTY INVOLVED IN THE CREATION, MANUFACTURE OR DISTRIBUTION OF THE EQUIPMENT AND SOFTWARE AND THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT WILL NOT BE LIABLE TO CLIENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR LOST DATA SUSTAINED OR INCURRED IN CONNECTION WITH THE • EQUIPMENT, SOFTWARE, SERVICES OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. IN ADDITION, HART'S TOTAL LIABILITY TO CLIENT FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THE EQUIPMENT, SOFTWARE, SERVICES AND THIS AGREEMENT WELL IN NO EVENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO HART UNDER THIS AGREEMENT. HART IS NOT LIABLE FOR DAMAGES CAUSED IN ANY PART BY CLIENT'S NEGLIGENCE OR INTENTIONAL ACTS OR FOR ANY CLAIM AGAINST CLIENT OR ANYONE ELSE BY ANY THIRD PARTY. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO CLIENT. 9.4 Referrals. Hart may direct Client to third parties having products or services that may be of interest to Client for use in conjunction with the Equipment and Software. Notwithstanding any Hart recommendation, referral or introduction, Client will independently investigate and test non-Hart products and services and will have sole responsibility for determining suitability for use of non-Hart products and services. Hart has no liability with respect to claims relating to or arising from use of non- Hart products and services, including, without limitation, claims arising from failure of non-Hart • products to provide proper time and date functionality. 10. Infringement Indemnity. 10.1 Indemnity. Hart, at its own expense, will defend and indemnify Client against claims that the eSlate Hardware or Hart Proprietary Software infringe a United States patent or copyright or misappropriate trade secrets protected under United States law, provided Client (a) gives Hart prompt written notice of such claims, (b) permits Hart to control the defense and settlement of the claims, and (c) provides all reasonable assistance to Hart in defending or settling the claims. 10.2 Remedies. As to eSlate Hardware or Hart Proprietary Software which is subject to a claim of infringement or misappropriation, Hart may (a) obtain the right of continued use of the eSlate Page I 1 of 16 CONFIDENTIAL u Hardware or Hart Proprietary Software for Clicnt or (b) replace or modify the eSlate Hardware or Hart Proprietary Software to avoid the claim. If neither alternative is available on commercially reasonable terms, then, at the request of Hart, any applicable Softwarc license and its charges will end, Client will stop using the applicable eSlate Hardware and Hart Proprietary Software, and Client will return to Hart all applicable eSlate Hardware and return or destroy all copies of the applicable Hart Proprietary Software, and will certify in writing to Hart that such return or destruction has been completed. Upon return or Hart's receipt of certification of destruction, Hart will give Client a credit for-the price paid to Hart for the returned or destroyed eSlate Hardware and Hart Proprietary Software, less a reasonable offset for use and obsolescence. 10.3 Exclusions. Hart will not defend or indemnify Client if any claim of infringement or misappropriation (a) is asserted by an affiliate of Client, (b) results from Client's design or alteration of any eSlate Hardware or Hart Proprietary Software, (c) results from use of any eSlate Hardware or Hart Proprietary Software in combination with any non-Hart product, except to the extent, if any, that such use in combination is restricted to the eSlate Electronic Voting System designed by Hart, (d) relates to non- Hart Software or Non-Hart Equipment alone, or (e) arises from Client-specified customization work undertaken by Hart or its designees in response to changes in Hart Proprietary Software or Non-Hart Software that are made in response to Client specifications. 10.4 EXCLUSIVE REMEDIES. THIS SECTION 10 STATES THE ENTIRE LIABILITY OF HART AND CLIENT'S SOLE AND EXCLUSIVE REMEDIES FOR INFRINGEMENT AND TRADE SECRET MISAPPROPRIATION. 11. Dispute Resolution. 11.1 Disputes and Demands. The parties will attempt to resolve any claim or controversy related to or arising out of this Agreement, whether in contract or in tort ("Dispute"), on a confidential basis according to the following process, which either party may start by delivering to the other party a written notice describing the dispute and the amount involved ("Demand"). 11.2 Neeotiation and Meditation. After receipt of a Demand, authorized representatives of the parties will meet at a mutually agreed upon time and place to try to resolve the Dispute by negotiation. If the Dispute remains unresolved after this meeting, either party may start mandatory non- binding mediation under the commercial mediation rules of the American Arbitration Association ("AAA') or such other mediation process as is mutually acceptable to the parties. 113 Injunctive Relief. Notwithstanding the other provisions of this Section 11, if either party seeks injunctive relief, such relief may be sought in a court of competent jurisdiction without complying with the negotiation and mediation provisions of this Section 11. 11.4 Time Limit. Neither mediation under this section nor any legal action, regardless of its form, related to or arising out of this Agreement may be brought more than 2 years after the cause of action first accrued. 12. General Provisions. 12.1 Entire Agreement. This Agreement and the attachments, schedules and exhibits hereto are the entire agreement and supersede all prior negotiations and oral agreements. Hart has made no representations or warranties with respect to this Agreement or the eSlate Electronic Voting System and p 112 of i ~ • fix. k ~ rya CONFIDENTIAL • its components that are 'not included herein. Client acknowledges and agrees that Hart has no responsibility or liability under the eSlate Agreement except to the extent, if any, that Hart is a party to the eSlate Agreement. This Agreement may not be amended or waived except in writing signed by an officer of the party to be bound thereby. 12.2 Preprinted Forms. The use of preprinted forms, such as purchase orders or acknowledgments, in connection with this Agreement is for convenience only and all preprinted terms and conditions stated thereon are void and of no effect. If any conflict exists between this Agreement and any terms and conditions on a purchase order, acknowledgment or other preprinted form, the terms and conditions of this Agreement will govern and the conflicting terms and conditions in the preprinted form will be void and of no effect. The terms and conditions of this Agreement; including but not limited to this Section 12.2, cannot be amended, modified or altered by any conflicting preprinted terms or conditions in a preprinted form. 123 Interpretation. This Agreement will be construed according to its fair meaning and not for or against either party. Headings are for reference purposes only and are not to be used in construing the Agreement. All words and phrases in this Agreement are to be construed to include the singular or • plural number and the masculine, feminine, or neuter gender as the context requires. 12.4 GOVERNING LAW. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS, UNLESS CLIENT IS A GOVERNMENTAL SUBDIVISION OF ANOTHER STATE, IN WHICH CASE THE LAWS OF THE STATE IN WHICH CLIENT IS A GOVERNMENTAL SUBDIVISION WILL CONTROL. 12.5 Severability. Whenever possible, each provision of this Agreement will be interpreted to be effective and valid under applicable law; but if any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof will be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal or unenforceable provision. If it is not possible to modify the provision to render it legal, valid and enforceable, then the provision will be severed from the rest of the Agreement and ignored. The invalidity, illegality or unenforceability of any provision will not affect the validity, legality or enforceability of any other provision of this Agreement, which will remain valid and binding. 12.6 Delays. Hart is not responsible for failure to fulfill its obligations when due to causes beyond its reasonable control, including the failure of third parties to timely provide Software, Equipment, materials or labor contemplated herein. Hart will notify Client in writing of any such delay, • and the time for Hart's performance will be extended for a period corresponding to the delay. Hart and Client will determine alternative procedures to minimize delays. 12.7 Force Majeure. "Force Majeure" means a delay encountered by a party in the performance of its obligations under this Agreement which is caused by an event beyond the reasonable control of the party, but does not include any delays in the payment of monies due by either party. Without limiting the generality of the foregoing, "Force Majeure" will include but is not restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities (other than, with respect to Client's performance, the Client and its governing entities); fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes. If any event constituting Force Majeure occurs, the affected party shall notify the other party in writing, disclosing the estimated length of the delay, and the cause of the delay. If a Force Majeure ]Ani image` 1'3 of e CONFIDENTIAL • occurs, the affected party will not be deemed to have violated its obligations under this Agreement, and time for performance of any obligations of that party will be extended by a period of time necessary to overcome the effects of the Force Majeure. 12.8 Compliance with Laws. Client and Hart shall comply with all federal, state and local laws in the performance of this Agreement, including those governing use of the Equipment and Software. Equipment and Software provided under this Agreement may be subject to U.S. and other government export control regulations. Client shall not export or re-export any Equipment or Software. 12.9 Assignments. Hart may assign this Agreement or its interest in any Equipment or Software, or may assign the right to receive payments, without Client's consent. Any such assignment, however, will not change the obligations of Hart to Client that are outstanding at the time of assignment. Client will be notified in writing if Hart makes an assignment of this Agreement. Client shall not assign this Agreement without the express written consent of Hart, such consent not to be unreasonably withheld. In the event of any permitted assignment of this Agreement, the assignee shall assume the liabilities and responsibilities of the assignor, in writing. 12.10 Independent Contractors. Client and Hart are independent contractors and are not agents or partners of each other. Hart's employees, agents and subcontractors will not be entitled to any privileges or benefits of Client employment. Client's employees, agents and contractors will not be entitled to any privileges or benefits of Hart employment. 12.11 Notices. Any notice required or permitted to be given under this Agreement by one party to the other must be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth on the Signature Page for the party to whom the notice is given, or on the fifth business day following mailing if placed in the United States Mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the party at their address set forth on the Signature Page. Each party may change its address for notice by giving written notice of the change to the other party. 12.12 Trademarks. eSlateTM, eSlate 3000TM, Judges Booth Controlleim, JBC1000Tm, Disabled Access UnitTM, DAU5000TM, Mobile Ballot Bo)O'm, Ballot Origination Software SystemTM, BOSSTM, TallyTm, and Ballot NowTM are trademarks of Hart. 13. Definitions. "Agreement" has the meaning set forth on the Signature Page. "Anniversary Date" means each anniversary of the Effective Date. "Annual Fee" means the combined annual license, sublicense, support and maintenance fees payable by Client to Hart as described in Section 4. "Client" has the meaning set forth on the Signature Page. "Confidential and Proprietary Information" means Software, firmware, diagnostics, documentation (including operating manuals, user documentation and environmental specifications), designs and configurations of Equipment, Software and firmware, trade secrets and related documentation, and any other information confidential to Hart or its suppliers or licensors. ~ 7- -Page- 1-4 of 46 ..1 _ CONFIDENTIAL • "DAU" means the Disabled Access Unit (DAU5000) created by Hart as an add-on component to an eSlate that facilitates the performance of voting activities by disabled voters, for example, by providing an audio ballot presentation and/or accepting inputs from specialized switch mechanisms, such as head switches, breath switches, and panel switches, that facilitate interaction with disabled voters, as needed. "Effective Date" has the meaning set forth in the Signature Page and indicates the date this Agreement becomes effective. "Equipment" means the eSlate Hardware and Non-Hart Equipment. "eSlate" means the eSlate 3000 created by Hart and consisting of hardware including an electronically-configurable, network-capable voting station that permits a voter to cast votes by direct interaction, which voting station in its present configuration created by Hart comprises an electronically configurable liquid crystal display (LCD) panel for use in displaying ballot images, a rotary input device for use in ballot navigation, and various buttons that facilitate voter options for selecting ballot choices • and casting a ballot. "eSlate Agreement" means the agreement, between Client and Hart or Hart's authorized distributor of eSlate Hardware, under which Client has purchased the eSlate Hardware. The eSlate Agreement is identified on the Signature Page. "eSlate Electronic Voting System" means the Equipment and the Software. "eSlate Hardware" means the eSlate units, JBC units, and DAU units purchased by Client pursuant to the eSlate Agreement. "Force Majeure" has the meaning set forth in Section 12.7. "Hart" means Hart InterCivic, Inc., a Texas corporation. "Hart Proprietary Software" means the run-time executable code and associated support files of the Ballot Origination Software System Software (BOSS), Tally Software, Ballot Now Software, computer code and software resident in the eSlate Hardware and other support software utilities as specified on Schedule B, consisting of computer programs and computer code owned by Hart that are licensed to Client pursuant to this Agreement, and all updates, upgrades, versions, new releases, • derivatives, revisions, corrections, improvements, rewrites, bug fixes, enhancements and other modifications, including any custom modifications, to such computer programs and code which are provided to Client, and all copies of the foregoing. Hart Proprietary Software also includes all documentation provided by Hart to Client with respect to these computer programs and code and all copies of the foregoing. "Initial Annual Fee" means the fast Annual Fee, in the amount specified as the "Initial Annual Fee" on Schedule D, which is payable upon execution of this Agreement. "Installation Date" means, with respect to eSlate Hardware, the date of delivery to C Tent and, with respect to Hart Proprietary Software, the date Hart completes delivery and installation of the Hart Proprietary Software. ge`15of 6, JC C-ONFIDENTUL 0 "JBC" means the Judge's Booth Controller (JBC1000) created by Hart which is a local area network controller capable of interacting with one or more eSlate devices or DAU devices by transmitting and receiving signals that manage or control an election, e.g., by opening and closing the polls, providing or recording an audit trail of system events during an election, storing cast ballot data, and applying data security and integrity algorithms. "Non-Bart Equipment" means the equipment, if any, not consisting of eSlate Hardware which was sold to Client by Hart or Hart's distributor for use with, and in connection with the sale of, the eSlate Hardware. "Non-Hart Software" means the run-time executable code and associated support files of computer programs owned by third parties that are identified on Schedule C and sublicensed by Hart to Client pursuant to this Agreement or licensed directly by the third party licensor to Client, and all updates, upgrades, versions, new releases, derivatives, revisions, corrections, improvements, rewrites, bug fixes, enhancements and other modifications to such computer programs and code which are provided to Client, and all copies of the foregoing. Non-Hart Software also includes all documentation provided to Client with respect to these computer programs, and all copies of the foregoing. "Software" means the Hart Proprietary Software and Non-Hart Software. "Sublicensed Software" means Non-Hart Software that is identified on Schedule C as being sublicensed by Hart to Client pursuant to this Agreement. (The rest of this page is intentionally left blank) 'age.-i 6.of `16 CONFIDENTIAL • SCHEDULE A SvTPORT CONTACT INFORMATION The following contact information is to be used by Client for submitting Software Maintenance Service requests to Hart: Client Support Center: 1-800-750-HART (4278) Client Support Center Fax: 1-800-396-HART (4278) e-mail address: harts ppgg@hartic.com Hart InteiCivic, Inc. Switchboard: 1-800-223-HART (4278) Client Support Manager: 9GR,A.~ VJL.3r. • is The following contact information is to be used by Hart for contacting Client on Software Maintenance Service requests: Primary Client Contact Point ("CCP"): First Alternate CCP: Page 1 pv x CONF]DENTIAL 0 SCHEDULE B HART PROPRIETARY SOFTWARE DESCRIPTION NUMBER OF USERS BOSS - Ballot Origination Software System 1 Tall - Tabulation Software 1 Ballot Now - Absentee-by-Mail Software 1 Licensed Location: Brazos County, Texas NOTE: Hart and Client will update this Schedule as appropriate if Hart releases new Hart Proprietary Software that is made available to Client under this Agreement. a Page 1 of~I • SCHEDULE C NON-HART SOFTWARE Non-Hart Software Sublicensed to Client: DESCRIPTION NUMBER OF USERS Sybase Embedded Runtime Database Engine 3 NOTE: Hart and Client will update this Schedule as appropriate if Hart provides new or different Non-Hart Software to Client under this Agreement. C. 1 Page Iof e; ~ t ~+~+~Y~+~Y%Nl~ii .•i~'bv ~ - ~-a~.+~~~~iZ~•IL~Aa~';~ CONFIDENTIAL SCHEDULE D INITIAL ANNUAL FEE Initial Annual Fee of $40,600 is included in Total Purchase Price. o:~~• Page°1 ~.~1~,,.'>ti~= ~vCONFIDENTIAL 1 7-~ • E EXEE[Bff B Client's Request for Proposal (See Attached Document) r; Page 1 0f,]rr - 0 BRAZOS COUNTY REQUEST FOR PROPOSAL. FOR BUDGETARY PURPOSES COVER SHEET RFP #2002-052 DIRECT RECORDING ELECTRONIC (DRE) VOTING SYSTEM, OPTICAL SCAN (OPSCAN) VOTING SYSTEM AND ELECTRONIC MANAGEMENT SYSTEN (EMS) FOR BRAZOS COUNTY The enclosed REQUEST FOR PROPOSAL FOR BUDGETARY PURPOSES (RFP) and accompanying specifications and statement of work are for your convenience in submitting an offer for the enclosed referenced products and/or services for BRAZOS COUNTY. Sealed offers shall be received no later than: 1:30 P.M., FRIDAY, JUNE 28,2M PLEASE MARK ENVELOPE: "REQUEST FOR PROPOSAL FOR BUDGETARY PURPOSES 42002-052, DIRECT RECORDING ELECTRONIC (DRE) VOTING SYSTEM, OPTICAL SCAN (CPSCAN) VOTING SYSTEM AND ELECTRONIC MANAGEMENT SYSTEM (EMS) FOR BRAZORIA COUNTY" Offerer shall sign and date the offer as requested on each page. Offers, which are not signed and dated in this manner, may be rejected. OFFERER MUST BE CERTIFIED BY THE SECRETARY OF STATE TO PROVIDE SUCH VOTING EQUIPMENT TO GOVERNMENT ENTITIES. RETURN OFFER TO: PAT HOWARD COUNTY PURCHASING AGENT BRAZOS COUNTY COURTHOUSE 300 E. 26TH STREET, #117 BRYAN, TEXAS 77803 BRAZOS COUNTY appreciates your time and effort in preparing this offer. Please note that all offers must be received at the designated location by the deadline shown. Offers received after the deadline will not be considered for the award of the Contract and shall be considered void and unacceptable. BRAZOS COUNTY is very conscious and extremely appreciative of the time and effort you have expended to submit an offer. We would appreciate it if you would indicate on any "No Offer" response, any requirement of this RFP which may have influenced your decision to "No Offer". Pat Howard, CPPB County Purchasing Agent Brazos County Courthouse 300 E. 26th Street, Ste 117 Bryan, Texas 77803 M02-19electionequip Page 1 of 37 • BRAZOS COUNTY NOTICE TO OFFERERS RFP # 2002-052 DIRECT RECORDING ELECTRONIC (DRE) VOTING SYSTEM, OPTICAL SCAN (OPSCAN) VOTING SYSTEM AND ELECTRONIC MANAGEMENT SYS TEN (EMS) FOR BRAZOS COUNTY Brazos County Purchasing Agent, Pat Howard, will receive sealed offers for the budgetary purposes for the Lease and/or Purchase of a Direct Recording Electronic (DRE) Voting System, Optical Scan (OPSCAN) Voting System and Electronic Management System (EMS) for the Brazos County Clerics Office with' option for annual maintenance, at the Brazos County Courthouse, 300 East 26th Street, Ste 117, Bryan, Texas, 77803, until.2:00 P.M., WEDNESDAY, DECEMBER 12, 2001. Offerers must be certified by the Secretary of State to provide such voting equipment to Government entities. Offers will be publicly opened in the Commissioners' Courtroom. Such offer shall be used for budgetary purposes. Brazos County reserves the right to make an award to the lowest and best offer meeting specifications, resulting from negotiations, provided funding is granted. In the event of award, Contract shall begin upon installation and shall continue for twelve (12) months after acceptance of system. Further, Brazos County reserves the right to renew the Contract every twelve (12) months for a five (5) renewal periods. Such renewal shall be subject to the terms and conditions herein contained and shall be effective only if evidenced in writing. Offer packages may be obtained at the Purchasing Agent's office or by calling (979) 361-4291 or (979) 36111290. All offers must be submitted on the forms provided in the offer package. Any prospective offerer desiring any • explanation or interpretation of the solicitation must make a written request at least ten (10) days prior to the scheduled time for the offer opening. The request must be addressed to Pat Howard, County Purchasing Agent, at the address stated above or faxed to (979) 361-4293. Any information given to a prospective offerer concerning this solicitation will be furnished promptly to all other known prospective offerers as a written amendmentladdendum to the solicitation. Brazos County reserves the right to accept or reject any or all offers as it deems in its best interest and to waive any formalities. LEGAL NAME OF CONTRACTING COMPANY FEDERAL I.D.# (Company or Corporation) SOCIAL SECURITY # (Individual) TELEPHONE NUMBER FACSIMILE NUMBER CONTACT PERSON TITLE COMPLETE MAILING ADDRESS CITY & STATE ZIP CODE COMPLETE STREET ADDRESS CITY & STATE ZIP CODE CERTIFICATION By my signature hereon, I certify that the Goods and/or Services that I propose to furnish will meet or exceed every • specification contained herein, and that I have read each and every page of the Scope of Work, General and Special Requirements, as well as, the Standard Terms & Conditions and Offer Sheet. Further, I agree that if my offer is accepted, I shall perform as required in these Contract documents. I am aware that, once accepted by Brazos County, my offer becomes a binding Contract in accordance with the provisions herein of the aforementioned Contract documents, and that I will not be permitted to attempt enforcement of any other Contract or Contract provisions. SIGNATURE DATE Typewritten or Printed Name Title Published Dates: May 31, 2002 June 7, 2002 RR02-I9electionequip Page 2 of 37 C7 THE STATE OF TEXAS COUNTY OF BRAZOS BRAZOSCOUNTY CONTRACTSHEET This memorandum of agreement made and entered into 'ori the _ day of 20___, by and between Brazos County in the State of Texas (hereinafter designated County), acting herein by County Judge Al Jones, by virtue of an order of Brazos County Commissioners' Court, and (hereinafter designated Contractor). (company name) WTINESSETH: The Contractor and the County agree that the Scope of Work, General and Special Requirements, as well as, the Standard Terms & Conditions for RFP # 2002-052 Direct Recording Electronic (DRE) Voting System, Optical Scan (OPSCAN) Voting System and Electronic Management System (EMS) are hereto attached and made a part hereof; together with this instrument and the bond (when required) shall constitute the full agreement and Contract between parties and for furnishing the items set out and described; the County agrees to pay the prices stipulated in the accepted offer. It is further agreed that this Contract shall not become binding or effective until signed by the parties hereto and a purchase order authorizing the items desired has been issued. Executed at Bryan, Texas this day of County Judge 20_ Signature of Contractor By. Printed Name and Title RFP02-19electionequip / f 2 - E&: o2 `t" t Page 3 of 37 • • REQUEST FOR OFFER - PACKAGE CHECKLIST RFP # 2002-052 DIRECT RECORDING ELECTRONIC (DRE) VOTING SYSTEM, OPTICAL SCAN (OPSCAN) VOTING SYSTEM AND ELECTRONIC MANAGEMENT SYSTEN (EMS) FOR BRAZOS COUNTY Items checked below represent components, which comprise this bid/offer package. If the item IS NOT checked, it is NOT APPLICABLE to this bid/offer. Offerers are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, potify the Brazos County Purchasing Department immediately. It is the offerer's responsibility to be thoroughly familiar with all requirements and specifications. Be sure you understand the following before you return your bid packet X_ 1. Cover Sheet X 2. Notice to Offerers Your company name, identifying information and your si pnature (IN INK) should appear on this page. X 3. Contract Sheet Must be signed (IN INK) by an authorized representative of the offerer. X 4. Package Checklist . This page is the Package Checklist. X 5. Standard Terms & Conditions You should be familiar with all of the Standard Terms & Conditions. X 6. Special Requirements You should be fhmiliar with all of the Special Requirements. X 7. Specifications / Scope of Work This section contains the detailed description of the product/service sought by the County. J 8. Pricing / Delivery Information This form is used to solicit exact pricing of goods/services and delivery costs. X 9. Non-Collusion Statement Your company name, identifying information and your signature (IN INK) should appear on this pap- X 10. Attachments X a. Offerer Data Sheet Offerer information and W-9 Form must be completed and returned with offer. b. Bid Bond/Performance Bond RFP02-19d=donegwp Page 4 of 37 0 BRAZOS COUNTY STANDARD TERMS AND CONDITIONS FUNDING: This RFP shall be used for budgetary purposes. Brazos County reserved the right to award to the lowest and best offer meeting specifications, provided funding is granted. In the event funds are granted, such funds for payment shall be for the fiscal year of award only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the awarded fiscal year shall be subject to budget approvaL DELIVERY: Items ordered from this bid/offer may require delivery to various locations throughout Brazos County, as specified in this bid/offer or at time of order. All delivery and freight charges (F.O.B. Brazos County designated location) are to be included in the bid/offer price except as noted herein. AWARD OF CONTRACT: Brazos County reserves the right to reject any or all bids/offers, and to select any part or parts thereof without accepting the entire bid/offer. Successful offerer will be notified of award as promptly as a thorough analysis of bids/offers will permit, and shall have ten (10) calendar days following date of notification of award in which to supply bonds and certificate of insurance as may be required herein. CONTRACT: The bid/offer, when properly supplemented by any bonds and/or certificate of insurance as may be required herein, and when accepted by Brazos County, shall constitute a Contract equally binding between the successful offerer and Brazos County. No invoices will be paid prior to acceptance of Contract by Brazos County. No different or additional terms will become a part of this Contract MERLOCAL PARTICIPATION: It is hereby made a precondition of any bid/offer for al Contract for supplies or services and a part of these specifications, that the submission of any bid/offer in response to this request constitutes a bid/offer made under the same conditions, for the same price, and for the same effective period as this bid/offer, to any other governmental entity having an interlocal agreement with Brazos County: It is further understood, that any other governmental entity that elects to use a Brazos County Semi-annual or annual award will issue its own Contracts or purchase orders and will require separate billing. DEFAULT OF OFFERER: If successful offerer defaults by failing to supply bonds and/or certificate of insurance within the ten (10) day period allotted, award shall pass to the next lowest offerer. Offerer, in submitting this bid/offer, agrees that Brazos County shall not be liable to prosecution for damages in the event that the County declares the offerer in default ADDENDA: Any interpretations, corrections or changes to these Contract documents and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent Addenda will be mailed to all that are blown to have received a copy of the bid/offer package and/or Contract Offerers shall acknowledge receipt of all addenda. SALES TAX: Brazos County is exempt by law from payment of Texas Sales Tax and Federal Excise Tax. ETHICAL CONDUCT: The offerer shall not offer or accept gifts or anything of value, not enter into any business arrangement with any employee, official, or agent of Brazos County. No public official shaU have interest in this Contract, in accordance with Texas Local Government Code Annotated Title 5, Subtitle C, Chapter 171. The offerer affirms that the only person or parties interested in this bid/offer as principals are those named herein, and that this bid/offer is made without collusion with any other person, firm, or corporation. MIND UM STANDARDS FOR RESPONSIBLE PROSPECTIVE OFFERERS: A prospective offerer must affirmatively demonstrate bidder's responsibility. A prospective offerer must meet the following requirements: 1. Have adequate financial resources, or the ability to obtain such resources as required; 2. Be able to comply with the required or proposed delivery schedule; 3. Have a satisfactory record of performance; 4. Have a satisfactory record of integrity and ethics; 5. Be otherwise qualified and eligible to receive an award. Initials UP02-19eleenonequlp Page 5 of 37 • Brazos County may request representation and other information sufficient to determine offerer's ability to meet these minimum standards listed above. REFERENCES: During an analysis of all bids/offers, Brazos County may request offerer to supply a list of three (3) references to which like services or materials have been supplied by offerer. If requested, references should include name of firm, address, telephone number and name of representative. INSURANCE: Prior to acceptance of Contract by Brazos County, the successful offerer must firrnish a Certificate of Insurance from an approved insurance carrier for the coverage indicated. The following cov eerag_ s are required: 1. Statutory workers compensation 2. Comprehensive general liability including owners and Contractors protective liability insurance for bodily injury, death, or property damages in the following amounts: 1J COVERAGE PER PERSON PER OCCURRENCE a. Premises and product liability 300,000 300,000 b. Aggregate policy limits 300,000 3. Comprehensive automobile and truck liability insurance (covering owned, hired and non-owned vehicles): COVERAGE PER PERSON PER OCCURRENCE a. Bodily injury (including death) 1,000,000 1,000,000 b. Property damage 1,000,000 1,000,000 c. Aggregate policy limits 1,000,000 All policies must provide, by endorsement to the policy, that thirty (30) days prior written notice of cancellation or material change in coverage be given to the Commissioners Court of Brazos County. Such insurance when accepted by the County in writing will become acceptable and shall remain unmodified until final acceptance of the work. Coverage provided must be on an occurrence basis. • No policy submitted shall be subject to limitations, conditions, or restrictions deemed inconsistent with the intent of the insurance requirements to be fulfilled by the successful offerer. The decision of Brazos County thereon is final. All policies shall be written through a company duly entered and authorized to transact that class of insurance in the State of Texas. Neither approval by Brazos County of any insurance supplied by the successful offerer; nor, a failure to disapprove that insurance, shall relieve the successful offerer of full responsibility of liability, damages and accidents as set forth herein. No additional payment shall be made for any insurance that the successful offerer may be required to carry. SILENCE OF SPECIFICATIONS: The apparent silence of the specifications contained as a part of this package as to any detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. Initials UP02-19elecuonequip Page 6 of 37 0 INDEMNIFICATION: The successful offerer (herein after referred to as Contractor), shall dtfend, indemnify, and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or tither claims of any character, name, and description brought for or on account of any injuries or damages of any negligent-act or fault of the Contractor, or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act of omission, neglect, or misconduct of said Contractor; or because any claims or amount recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising recovered under the Workmen's Compensation Act, or any other law ordinance, order, or decree; or of any agent,.employee, subcontractor, or supplier in the execution of, or performance under, any Contract which may result from award of bid/offer. Further, Contractor indemnifies and will indemnify and save harmless Brazos County from liability, claim or demand on their part, their agents, servants, customers, and/or employees, whether such liability, claim, or demand arise from event or casualty happening within the job site itself or elsewhere. Contractor shall pay any judgment with costs which may be obtained against Brazos County growing out of such injury or damages. Money due the Contractor under and by virtue of his Contract as may be considered necessary by the County for such purpose may be retained for the use of the County, or in case no money is due, his surety may be held until such suit or suits action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to the effect furnished to the County, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. i THIRD PARTY BENEFICIARY CLAUSE: It is specifically agreed between the parties executing the Contract that it is not intended by any of the provisions of any part of the Contract to create with the public or any member thereof a third party beneficiary or to authorize anyone not a party to the Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Contract. PURCHASE ORDERS REQUIRED: All orders for materials or work must be authenticated by a purchase order issued by the Brazos County Purchasing Department. Invoices not bearing a purchase order number will not be paid. TESTING: All materials being used in fulfillment of this Contract are subject to inspection or test at any time during their preparation, delivery, or use. At the option of the County Purchasing Agent, they may be sampled and tested in order to determine compliance with the governing specifications. Materials not conforming to the requirements of these specifications shall not be used in fulfillment of this Contract with Brazos County. • The County reserves the right to immediately cancel any Contract found not to be in compliance with governing specifications as a result of testing by the County. WAGES: Contractor shall pay or cause to be paid, without cost or expense to Brazos County, all Social Security, Unemployment and Federal Income Withholding Taxes of all employees; and all such employees shall be paid wages and benefits as required by Federal and/or State law. Contracts involving construction work or supply of materials in place shall abide by the provisions of Article 5159d Texas Revised Civil Statutes Annotated. TERMINATION OF CONTRACT: This Contract shall remain in effect until Contract expires, or until terminated by either party upon thirty (30) days written notice. The Contractor must state in such notice the reasons for such cancellation, and shall address it to the County Purchasing Agent, 300 East 26th Street, Ste. 117, Bman, Texas 77803. Brazos County reserves the right to award canceled Contract to next lowest and best bidder as it deems to be in the best interest of the County. In the event of breach or default of this Contract, Brazos County reserves the right to enforce the performance of this Contract in any manner prescribed by law or deemed to be in the best interest of the County. In the event the Contractor shall fail to perform, keep, or observe any of the terms and conditions to be performed, kept, or observed, Brazos County shall give the Contractor written notice of such default; and in the event said default is not remedied to the satisfaction and approval of the County within two (2) working days of receipt of such notice by the Contractor, default will be declared and all the Contractor's rights shall terminate. RFP02-19electionequip Initials Page 7 of 37 3 DELIVERY OF NOTICES: Any notice provided by this Contract (or required by law) to be given to the ` Contractor by Brazos County shall be conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail in Bryan, Texas, by Registered or Certified mail with sufficient postage affixed thereto, addressed to the Contractor at the address so provided; provided this shall not prevent the giving of actual notice in any other manner. DELIVERY TICKETS: Delivery tickets shall accompany each order shipped, and shall show Contractor's Warne and address, delivery location, Brazos County purchase order number and descriptive information as to item and quantity delivered. PAYMENT: Payment shall be made upon receipt and/or acceptance in accordance with the terms of this Contract by the County of items(s) ordered, and receipt of a valid invoice in accordance with Article 601f Texas Revised Civil Statutes Annotated. Contractor is required to pay subcontractors within ten (10) days. CONTRACTOR'S LIABILITY: The Contractor shall be responsible for all damage or injury to property of any character during the execution of the work, resulting from any act, omission, neglect, or misconduct in his manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or-misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as he may be directed, or he shall make good such damage or injury in an acceptable manner. DEFECTIVE MATERIALS: Unless otherwise stated herein,, items supplied under this Contract shall be subject to the County's approval. Items found defective or not meeting specifications shall be picked up and replaced by the Contractor at the next service day at no expense to the County. If item is not picked up within one (1) week after notification, the item will become a donation to the County for disposition. WARRANTY: Contractor shall warrant that all items/services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Contractor and the County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code. Further, Contractor shall provide additional warranty requirements as defined in the Scope of Work attached. ASSIGNMENT: Contractor shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of Brazos County. GOVERNING ]LAW: Contractor is advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements. DRAWINGS: All plans and specifications are hereby attached and made a part of this Contract. • PAYMENT BOND: If Contract is for supply of materials in place or for construction work, and if estimated Contract value exceeds 525,000, based on estimated quantities stated in Technical Specifications and Bid Sheets, a payment bond must be furnished as a condition of acceptance of the Contract by Brazos County. In such case, bond must be for the amount estimated as described above, and shall be executed by a corporate surety or corporate sureties in accordance with Article 7.19-1, Vernon's Texas Insurance Code. Such corporate surety/sureties shall be licensed to write fidelity and surety bonds in Texas and have a bonding capacity adequate for the prescribed amount. Refer also to Performance Bond. PERFORMANCE BOND: If estimated Contract value exceeds $25,000, based on estimated quantities stated in Technical Specifications and Bid Sheets, a performance bond must be furnished as a condition of acceptance of the Contract by Brazos County. In such case, bond must be for the amount estimated as described above, and shall be from a surety company licensed in accordance with the item PAYMENT BOND above. Awarded offerer must submit a performance bond in the amount of one hundred percent (100%) of his total offer within ten (10) days after award. M02-19electionequip 307 Initials Page 8 of 37 • BRAZOS COUNTY SPECIAL REQUIREMENTS .RFP # 2002-052 DIRECT RECORDING ELECTRONIC (DRE) VOTING SYSTEM, OPTICAL SCAN (OPSCAN) VOTING SYSTEM AND ELECTRONIC MANAGEMENT SYSTEN (EMS) FOR BRAZOS-COUNTY OFFERER INSTRUCTIONS: READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM. The following requirements and specifications supersede General Requirements where applicable. General The requirements set forth below are intended to outline the basic operating parameters and procedures required to provide a Direct Recording Electronic (DRE) Voting System and related goods and services to Brazos County. It is not the intention to describe every item required. In the performance of this Contract, the successful offerer represents it is familiar with the condition under which Brazos County operates and represents that it has the resources, knowledge and skills to properly support the County's needs of the Direct Recording Electronic Voting System consistent with these special conditions and the Contract documents. The County reserves the right to modify this Contract and Scope of Work as necessary to develop and maintain a Direct Recording Electronic Voting System that meets the County's needs. Such modifications shall be mutually agreed upon and shall be incorporated into this Contract as an addendum. Brazos County shall not be responsible for any additional charge that is not stated in this Contract or mutually agreed to prior to such work or service is performed and/or invoiced. The terms "hardware" and "equipment" may be used interchangeably throughout this contract and related documents. The Scope of Work provided in this package is to be used as a guide in developing an offer to this RFP. The information contained herein is not intended to be restrictive and the County will consider alternate offers submitted by offerer. Alternate offers shall be clearly marked with the proposed alternates and or exceptions to the Scope of Work and shall include all pricing/cost advantages if applicable. Offerers are expected to include any additional hardware, software and/or requirements that may have been inadvertently left out of the attached Scope of Work This RFP is basically for an election voting system for the County Clerk Elections Department. However, the offerer must advise the County as to the specifications of any additional hardware required in order to operate their proposed equipment and/or software to its maximum potential. Offerer may submit pricing for hardware, but must understand that if in the best interests of the County, the County may choose to purchase any hardware through other means, whether through the Texas State Qualified Offerer program, advertised bid, etc., provided such hardware is not apart of offerers equipment. All offers inclusive of pricing shall remain firm for acceptance for a period of ninety (90) days from opening date unless otherwise specified by Brazos County. Prices offered shall reflect the full Scope of Work as defined per the RFP documents, inclusive of all associated costs for insurance, taxes, overhead, profit and bonding, if required and so identified. Offerer must include all incidental costs in his pricing. Brazos County will not provide or allow for parking or parking/travel reimbursements for the offerer's employees. Offerer's offices, administration and/or place of business will not be on Brazos County premises and will be the offerers responsibility. Only those costs shown on the PricingMelivery Sheet and oonfirmed by a purchase order will be paid. It is also understood that any and all persons who provide services under Contract to Brazos County, resulting from this Request for Proposal, shall be and remain employees of the Contractor, not Brazos County. It is understood and agreed that the offerer is solely responsible for all services being provided and shall provide adequate insurance to cover against any and all losses incurred by the offerer's employees and or equipment during the course of the Contract. RFP02-19eleedl onequip 3 0, Initials Page 9 of 37 Offerers may be requested to provide presentations, such presentations may develop into negotiating sessions with the successful offerer as selected by the evaluation committee. If Brazos County is unable to agree to Contract terns, Brazos County reserves the right `to terminate Contract negotiations with that offerer and enter into negotiations with another offerer. No award or acquisition can be made until Commissioners Court approves such action. Brazos County will not be obligated to the offerer for hardware, software and/or services until completion of a signed Contract as approved by Commissioners Court. Submission of an offer implies the offerees acceptance of the evaluation criteria and offerer recognition that subjective judgments must be made by the evaluating committee. This request for offer in no manner obligates Brazos County or any of its agencies to the eventual rental, lease, purchase, etc. of any hardware, software or service described, implied or which may be proposed, until confirmed by a written Contract and purchase order. Progress toward this end is solely at the discretion of Brazos County and may be terminated at any time prior to the signing of a Contract Brazos County will not be liable for any costs incurred by the offerer in preparing a response to this RFP. Brazos County makes no guarantee that any hardware, software, and/or services will be purchased as a result of this request for offer, and reserves the right to reject any and all offers. All offers and their accompanying documentation will become the property of Brazos County. All offers shall be open to negotiation. All documents will be held by the County and are NOT subject to public view until an award is made. When an award is made, offers are subject to review under the "Open Records Act". To the extent permitted by law, offerers may request in writing non-disclosure of confidential data. Such data shall accompany the offer, be readily separable from the offer and shall be CLEARLY MARKED "CONFIDENTIAL". All correspondence relating to this RFP, from advertisement to award shall be sent to the Brazos County Purchasing Department. All presentations and/or meetings between Brazos County and the vendor relating to this RFP shall be coordinated by the Brazos County Purchasing Department Deviations from this requirement may cause the cancellation of this RFP process and/or disqualification of vendor's proposal. All information provided to vendor for the purpose of submitting a proposal in response to this RFP is confidential, and is and will remain, the property of Brazos County and will not be used by vendor for any other purposes. The offerer is expected to examine all documents, forms, specifications, and all instructions. Failure to do so will be at offerees risk. RFP Form Completion Offerer shall fill out, SIGN, and return to the Brazos County Purchasing Department one (1) original and four (4) copies of the complete RFP form. An autljorized representative of the offerer MUST sign the Contract Sheet The Contract will be binding only when signed ,by the Brazos County Judge and a purchase order authorizing the item(s) desired has been issued. The use of liquid paper is NOT acceptable and may result in the disqualification of RFP. If an error is made, offerer MUST draw a line through the error and initial each change. PLEASE NOTE: Unless otherwise specified, ALL RFPs are to be F.O.B. Destination, Net Thirty (30) Days. • RFP Returns Offerers rs must return all completed offers to the Brazos County Purchasing Department at 300 E. 26th Street, Suite 1179, Bryan, Texas no later than 1:30 P.M. on the date specified. Late RFPs will not be accepted. RFPs must be submitted in a sealed envelope and addressed as follows: PAT HOWARD COUNTY PURCHASING AGENT BRAZOS COUNTY COURTHOUSE 300 E. 26TH STREET, SUITE 117 BRYAN, TEXAS 77803 RFP # 2002-052 Initials M02-19electionequip Page 10 of 37 Bid/Offer Preparation Each marked page of the bid/offer sheets must be manually signed or initialed by an officer of the company having the authority to bind the firm in a Contract, such signed sheets must be enclosed in a sealed envelope with offerers response. Envelope shall be marked with the offerees company name and RFP Number. Responses to this request for offer shall be formatted as follows: All offers must be typed on standard 8-I2" X 11"-paper, indexed and placed in a binder or folder. One (1) original and twelve (12) copies of complete offer should be sealed in an envelope or box for delivery to the Brazos County Purchasing Agent per instructions herein. All documents included in the offer and the outside of the envelope and/or box must be labeled with the offerers name and the RFP number which corresponds to this Request for Offer, hereinafter referred to as RFP. Each offer shall be organized to conform to the RFP sequence and format. Offerer should provide a response for each and every portion of the RFP. The questions are structured to allow the offerer to explain the benefits of the product being proposed. Responses should be carefully considered by the offerer as they are critical to the evaluation process. Evaluation will consider the adequacy, accuracy and completeness of responses. While Brazos County appreciates a brief straightforward concise reply, the offerer must fully understand that, the - evaluation is based on the information provided. Where appropriate, your response may consist of phrases such as "understood" "agreed", or "no exception". Any omissions shall be assumed to be "No Exception." Any ambiguous and equivocal statements may be construed against the offerer. Late Bid/Offers Bids/offers received in the office of the County Purchasing Agent after submission deadline will be considered void and unacceptable. Brazos County is not responsible for lateness or non-delivery of -mail, carrier, etc., and the dateltime stamp in the office of the County Purchasing Agent shall be the official time of receipt. Altering Bids/Offers Bids/Offers cannot be altered or amended after submission deadline. Any interlineation, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. Substitutions to Bid/Offer Offerers offering substitutions shall state these by attachment as part of the bid/offer. Brazos County reserves the right to accept any and all or none of the substitutions deemed to be in the best interest of the County. Withdrawal of Bid/Offer A bid/offer may not be withdrawn or canceled by the offerer without the permission of Brazos County for a period of ninety (90) days following the date designated for the receipt of bids/offers, and offerer so agrees upon submittal of their bid/offer. Descriptions Any reference to model and/or makelmanuf tcturer used in bid/offer specifications or scope of work are descriptive, not restrictive. It is used to indicate the type and quality desired. Bids/Offers on items of like quality will be considered. Offer must provide hardware specifications where hardware is offered. Terms of Payment Terms of payment shall be from receipt of acceptable invoice and/or acceptance of conforming goods, whichever is later. However, alternate terms will be considered and may be offered. Invoices for installed equipment and software will not be paid prior to complete acceptance by Brazos County unless otherwise specified. If installation of equipment and software is delayed, the County reserves the right (without extra expense or penalty) to delay a portion of the payment until equipment is installed and functioning properly. Contract Term This RFP shall be used for budgetary purposes. Brazos County reserves the right to make an award to the lowest and best offer meeting specifications, provide funding is granted. In the event of award, Contract shall begin upon installation and shall continue for twelve (12) months after acceptance of system. Further, Brazos County reserves the right to renew the Contract every twelve (12) months, such renewal shall be subject to the terms and conditions herein contained and shall be effective only if evidenced in writing. Initials UP02-19electionequip 2 Page 11 of 37 • Renewal shall be subject to approval by Brazos County Commissioners Court each period. Once renewal option is exhausted, the Contract must berebid. If a bidder does not wish to consider a renewal, write "N.A." in the space for the year indicated. Brazos County retains the option to rebid at any time if in its best interest and is not automatically bound to renewal or rebid. Reduction in Price If during the life of the Contract, the successful offerer's net prices to other customers for goods and/or services awarded herein are reduced below the Contracted price, it is understood and agreed that the benefits of such reduction shall be extended to Brazos County. . Pricing / Delivery All costs associated with the acquisition, delivery, installation, and maintenance of the equipment must be itemized and specified. Offerer shall itemize the total purchase price of all equipment listed in the proposal and shall include all hardware, software, services, etc. Offerer shall provide the system cost figures in detail, including separate costs for all proposed features. Do not bundle costs. Offerer should attach detailed cost sheets itemizing costs for all proposed equipment, attachment interfaces and • cabling, software, maintenance, licenses, installation and services, as fully as possible. Itemized attachments should clearly identify totals. All items should be priced - FOB Destination Full Freight Allowed, inside delivery. Brazos County will not pay for any additional transportation and/or shipping charges. No charges may be billed to the County unless such costs were explicitly included in the proposal. Offerer will incur any costs not explicitly included in the proposal and/or mutually agreed to in writing by the Brazos County Purchasing Department Offerer shall provide a list with descriptions, quantities and price details for all required equipment, parts and materials for the system as proposed A separate list shall show the same information for all options or enhancements in the specifications. Offerer must agree that all prices offered are valid and that no increase over offered prices will apply to any items in the system. Furthermore, offerer must agree that Brazos County will receive the benefit of any price decrease if the vendor or manufacturer announces that price decrease prior to acceptance by Brazos County. Successful offerer shall notify the County Project Coordinator approximately fourteen (14) days prior to the scheduled shipment of Equipment/Software to coordinate installation details. Offerer is to obtain the County Project Coordinator's written concurrence prior to shipment Offerer shall assemble and test Equipment/Software. The County reserves the right to delay shipment, at no expense, i.e., storage charges, for up to ninety (90) days from the scheduled delivery date. Successful offerer shall, until delivery, be responsible for all insurance. • Offerer shall provide all labor and rigging services necessary to unload Equipment/Software from the transport vehicle and move them to their final positions at no additional charge to the County. The County shall be responsible-for the connection of Equipment/Software to utilities. Site Preparation Successful offerer, its employees, agents or subcontractor shall have reasonable access to all equipment and facilities during normal working hours with prior appointment and shall visit the site of installation, review existing power and utility capability, room dimensions and other physical characteristics of the room and provide the County with recommendations for proper room layout and minimum utility and power requirements for proper installation. Successful offerer shall provide room drawings specific to Brazos County showing Equipment in the room designated by the County. In addition to these room drawings, offerer shall specify the number, size, and endpoints of the minimum number of conduits required for Equipment's operation. Other conduits such as laser lights/room light control, interlock, experimental access, etc. shall be determined by the County. Specific circuit layout and conduit routing shall remain the responsibility of Brazos County. Initials UP02-19electionequip V 33 Page 12 of 37 0 Confidentiality All drawings, designs, specifications, manuals, and programs furnished to the County by offerer shall remain the confidential and proprietary property of offerer. All such information, except as may be found in the public domain, shall be held in confidence by the County and shall not be disclosed by the County to any third parties, except as required under the public records act. Copyright to all materials made available by offerer shall remain with the offerer at all times. Installation Successful offerer shall have ultimate responsibility for installation to include, but not be limited to all parts, labor, tools, equipment, 1nsiirance, travel, and technical expertise necessary to successfully install Equipment/Software in accordance with all published manufacturer standards and as defined herein. Site installation and work performed under this Contract must be provided by an experienced and qualified service engineer and shall include, but not be limited to, at offerer's own expense, any manuals, technical literature, schematic charts or' any other information required for the proper installation, maintenance and/or repair of the Equipment/Software. Offerer shall provide instrument unpacking, assembly, and adjustment to factory specifications. Installation shall include all cable, power cords, and documentation necessary to form a complete operable system. Upon completion of the installation, offerers representatives shall demonstrate proper machine operation by performing required Equipment/Software Testing. Offerer agrees that all waste products, including packaging, generated by offerer in the performance of the services describe hereunder shall be removed from County premises and properly disposed of', or recycled as appropriate. Waste materials shall not be deposited in County's waste receptacles. Existing Equipment Offerer shall be responsible for worldng within the parameters established by existing County equipment. Every attempt will be made to accommodate Equipment per Site Preparation Section above. Acceptance Period The Acceptance Period shall consist of a ninety (90) day period from the date of offerers submittal to the County Project Coordinator stating that Equipment/Software is fully operational per the criteria set forth within the manufacturer standards and as stated herein. The County will be the sole judge in determining whether the standard of performance has been achieved during the Acceptance Period If the performance standard is attained within the ninety (90) day period, the County shall immediately notify offerer in writing of its acceptance of Equipment/Software, and the warranty period shall commence. If the performance standard is not attained within the ninety (90) day period, the County shall have the option of initiating an additional performance period or returning Equipment/Software to offerer at offerers expense. Computerization Computer software provided by offerer shall remain the property of offerer or offerers Licenser. Offerer hereby grants the County a nonexclusive royalty-free right to use such software for the purposes described herein. With the exception of one back-up copy, no computer software provided by offerer shall be copied in whole or in part by County, and the County agrees not to provide any such software, or any portion thereof; to any third party, with out the written consent of offerer. This license shall terminate when the County discontinues use of the equipment and/or software, and upon such termination all software media and materials shall be returned to offerer by the County. All data collected and stored by such equipment/software shall remain the property of Brazos County and upon termination, offerer shall work with Brazos County to ensure all 'such data is provided to Brazos County in a transferable electronic format. All data processing software and hardware, and all other equipment or goods capable of displaying, manipulating or processing date information must function materially without regard to date or century. The County will not accept any non-compliant equipment, software or related upgrades not capable of sorting, processing, calculating or unambiguously displaying the century, date, month, and day. Any upgrades or returns shall be at offerer's expense. Initials RF1`02-19electionequip Page 13 of 37 jK$L 3,1 • Throughout the warranty period, offerer shall provide all software fixes, upgrades, and updates that are incorporated into the routine production units of .the Equipment/Software at no additional cost to the County. In addition, successful offerer shall provide required support for such fixes, upgrades and updates to the County at no additional charge. Following the expiration of the warranty period, the County shall have the option to acquire additional software upgrades and/or support, either through a service Contract or time and materials as required. Escrow Successful offerer may be requested to place a complete, current copy of the Source Code ("Source Code') in escrow. In the event of such request, offerer shall provide the County with the company name, address, telephone number and contact name of the Escrow Service who shall act as the escrow agent for this account within thirty (30) days of award of this Contract. In the event the successful offerer fails to fulfill its obligation under this Contract, ceases to do business, announces its intention to cease to do business without a successor or files for protection under the bankruptcy laws of the United States of America or any of its states, The County shall -have the right to obtain such Source code. Offerer at Offerer's own expense agrees to maintain the escrow account and will pay any fees due the escrow agent for handling the account. All rights granted under this Agreement shall be deemed to be intellectual property under the United States Bankruptcy Code. In the event of bankruptcy proceedings, the County shall be entitled to retain all its rights under this Contract Licenses The County requires all offerers to either own or hold licenses on all systems proposed. Offerer must submit with its • proposal copies of all licenses for any software products offered. The successful vendor will be required to indemnify the County against any patent or copyright infringement claims. Warranty Successful offerer shall provide, at a minimum, to the County the following Warranty on Equipment/Software. Any additions or changes to the terms below shall be mutually agreed upon by both parties and shall be incorporated into this Contract as an Addendum referencing this Contract and any Purchase Order Number applicable. Offerer shall provide a twelve (12) month warranty to include at a minimum, all parts labor, tools, equipment, travel and any other items necessary to maintain and return Equipment/Software identified herein to normal operating condition in accordance with manufacturer's standard operating and performance specifications. The warranty period shall commence upon acceptance of Equipment/Software by the County and shall be defined as the period of time Equipment/Software is covered under warranty or extended warranty. Coverage shall include an unlimited number of remedial maintenance calls placed during the warranty period. All parts and/or components used in the repair of covered Equipment must be the latest OEM version available, new or unrefurbished in accordance with manufacturer's standards and specifications and shall upon installation be able to meet any operation and performance condition specified. For the period of one (1) year after acceptance, if Offerer is notified in writing by the County that the Equipment and/or Software, materials and/or workmanship has proven defective or that it has degraded until it is not meeting the specification requirements, the vendor will replace, repair or otherwise correct the deficiency at no additional. cost to • County within thirty (30) days of written notification. Should offerer need additional time to complete such correction, additional time may be granted to offerer by written approval from the County. Should the equipment be unable to achieve satisfactory performance, or a replacemeig is unavailable, the County reserves the right to order the equipment removed at the offerer's expense, with reimbursement to the County for all expenditures for and related to Equipment and/or Software to date of removal. Offerer shall be responsible for establishing and maintaining the successful operation of the Equipment/Software during the Acceptance Period, as defined in the Acceptance Period Section above. Equipment and/or Software shall perform in accordance with the manufacturer's standards and specifications as well as the additional requirements provided herein. Offerer shall propose a method of guaranteeing and maintaining Equipment and/or Software performance during the term of this contract Any uptime formulas shall be included and explained in offerers proposal response. RFP02-19deWonequip 3 -5. Initials Page 14 of 37 0 Scheduled Preventive Maintenancellnspection Services shall be performed by successful offerer at no additional charge, between the hours of 8:00 am and 5:00 pm, Monday through Friday, or as approved by the Brazos County Project Coordinator. No preventive maintenance/inspection service shall interfere with the Brazos County Election Schedules. All services performed during the warranty period shall be performed on-site, but if In-Service-Center repay is required, offerer shall be responsible for equipment transport to and from the offerer's service center including all associated costs. In addition, offerer shall be responsible for and bears the risk of loss during the period of removal. Offerer must maintain in effect during the full Agreement term a complete and accurate Maintenance Service Log for all equipment covered hereunder. At a minimum, the log will include the following: • Model and Serial Number • Date and time request for service call received Date and time service performed • Nature of service call • Description of repair including parts or components replace • Purchase Order associated with the order . New Models or Enhancements Prior to Delivery 'It is the intent of this Contract to procure "state-of-the-art" system. Introduction of new models and accessories may occur after the acceptance of this Contract. The County reserves the right to modify this Contract up to thirty (30) days prior to delivery in order to obtain the latest model of a particular component or system in production at the time of shipment. The Successful Offerer must submit new Equipment/Software announcements immediately, until installation date to allow the County time to evaluate any new technologies. Offerer shall inform the County in writing of any manufacturer's additions and/or modifications to Equipment/Software which is being purchased as a part of this Contract Any of these additions or modifications, either under development or available for use after the date of the official Contract, shall be available to the Coutrty at no additional cost This requirement shall remain in effect until such time as Equipment/Software is actually installed. Any modifications of Equipment/Software after delivery which are necessary for operation or are requited to meet the specifications, must be indicated as being field modifications and fully documented and explained. All field modifications shall be provided to the County at no additional cost Travel Policy All travel shall be included in this Contract Offerer agrees that no additional travel or expense costs shall be approved without prior written approval from the County. Documentation Successful offerer shall provide three (3) complete sets of all Equipment/Software manuals, drawings, and diagrams, if applicable. Manuals provided shall include: schematics of all parts of Equipment and complete parts list with generic descriptions so that repaired parts can be ordered from other sources. All documentation are to be provided at time of delivery. The following are to be provided: • Equipment/Software Operators Manual • Equipment/Software Maintenance Manual • Equipment/Software Diagram and Maintenance Aids, if applicable • Equipment/Software Drawings, if applicable • Equipment/Software Installation & Calibration Manual Initials UP02-19clectvonequip . w 17 F - ti_ - Page 15 of 37 • Personnel Successful offerer agrees at all times to maintain an adequate staff of experienced and qualified full time employees regularly engaged in Equipment/Software maintenance to ensure efficient performance under this Agreement. No part-time, subcontract, or third party personnel may perform services hereunder without the prior written consent of the Brazos County Purchasing Department. Successful offerer agrees that at all times its employees will perform required services in a professional and workmanlike manner in accordance with good industry practices. Brazos County may, at any time, request the removal and replacement of any of successful offerer 's employees for good cause. Offerer agrees to provide a representative, familiar with Equipment/Software operations and repairs to Brazos County. Such representative shall be available to Brazos County and shall be on-site during, at a minimum, the fast election for Brazos County, City of Bryan, City of College Station & each political party to ensure Equipment/Software operates appropriately during such elections. Offerers representative may be required to provide technical and/or instructional assistance during such elections. Legal Documents Offerer must submit with its proposal any agreements for services, etc. which may be required by their organization to enter into a Contract with Brazos County. These agreements must be completed, executed by offerers authorized • representative and submitted with the returned proposal, and are subject to review and amendment by the Brazos County Attorney's Office, and to approval by Commissioners Court: Contract Award / Evaluation Process An evaluation committee will examine all offers. Offers that do not conform to the instructions given or that do not address all the questions and/or services specified may be eliminated from consideration. Brazos County, however, reserves the right to accept such an offer if it is determined to be in the County's best interest to do so. Brazos County may initiate discussions with offerers. Additional information will be accepted during this period but only from offerers who responded to the original request. Offerers may NOT initiate discussions. Brazos County expects to conduct discussions with offerer personnel authorized to enter into contractual obligations. Award of the Contract shall be made to the responsible offerer whose offer is determined to be the best evaluated offer resulting from negotiations, taking into consideration compliance with instructions, specifications and qualities of the hardware/software/system proposed which best meets the needs of the using department. Brazos County may use references to make judgments directly affecting the award of this Contract. Evaluation Criteria The evaluation criteria will be based on, but not necessarily limited to the following factors: 1. Ability to Meet Required Specifications 34% 2. Ability to provide quality service; references and quality of offer 32% 3. Reasonably Priced 34% • Contract Obligations This offer, submitted documents and any negotiations, when property accepted by Brazos County, shall constitute a Contract equally binding between the successful offerer and Brazos County. The selected offerer will be considered as the prime Contractor and shall assume total responsibility for the goods and/or services. Failure to meet obligations may result in the cancellation of any Contracts. The offerer's response may be incorporated into any Contract which results from this RFP, therefore, offerers are cautioned not to make claims or statements which they are not prepared to commit to Contractually. Failure by the offerer to meet such claims will result in a requirement that the offerer provide resources necessary to meet submitted claims and/or breach of Contract. Right to Audit At anytime during the term of this contract and for a period of four (4) years thereafter, the State of Texas, Brazos County, and/or other federal, State and local agencies which may have jurisdiction over this contract and/or pmrh= order, at reasonable times and at its expense reserve the right to audit successful'offerer's records and books. If needed for audit, original or independently certified copies of off-site records will be provided to auditors at successful offerers expense within two (2) weeks of written request. RFP02-19eleWooequip pvg 31 -37 Initials Page 16 of 37 0 BRAZOS COUNTY SCOPE OF WORK RFP # 2002-052 DIRECT RECORDING ELECTRONIC (DRE) VOTING SYSTEM, OPTICAL SCAN (OPSCAN) VOTING SYSTEM AND ELECTRONIC MANAGEMENT SYSTEN (EMS) FOR BRAZOS COUNTY The following requirements and specifications shall be in addition to the General and Special Requirements contained herein and shall supersede the General and Special Requirements where applicable. 1. Scope Brazos County is seeking proposals from offerers certified by the Secretary of State for. a turnkey implementation of a Direct Recording Electronic (DRE) Voting System, an Optical Scan (OpScan) Voting System and an Election Management (EMS) System for Brazos County. The successful offerer shall partner with Brazos County to provide the citizens of Brazos County with the most up-to-date voting technology at a reasonable cost and total accuracy. 2. A Brief History of Brazos County Elections 2.1 The Brazos County Clerk's Office is responsible for conducting all major elections in Brazos County, called by the Governor or the Brazos County Commissioners Court In addition to these mandated elections, the City of Bryan and City of College Station, also major political subdivisions, perform all services related to conducting elections called by each of these particular political subdivisions. The Brazos County Clerk additionally contracts with the Republican and Democratic Party Chairs in Brazos County to perform several election related functions for each of the respective parties in conducting their individual primary and primary runoff elections. 2.2 The Brazos County Clerk's Office currently owns all voting equipment in use in Brazos County. As such, major political subdivisions in Brazos County, including four (4) municipalities and two (2) independent school districts all contract with the Brazos County Cleric for equipment rental. The Brazos County Clerk's Office, the City of Bryan and the City of College Station each tabulates the results for their own political subdivisions at the central counting station. These political subdivisions are for the most part limited to the four (4) uniform dates for conducting elections in the State of Texas, which are presently. the first Saturday in February, the first Saturday in May, the second Saturday in September and the first Tuesday after the fast Monday in November. 2.3 Brazos County is presently using the Bowie County punch card system and Central Ballot Tabulator, a package that included card readers, servers, software and a reporting system for producing election results. The central counting station is maintained as the preferred method of counting. At the time of the production of this RFP, Brazos County remains on this voting system. Through progressive purchasing over the duration of the use of the punch card voting system, Brazos County now maintains approximately 500Votamatic and Data Media punch card units, with trays included. 2.4 Brazos County currently contains approximately 90,129 voters, residing in seventy-seven (77) voting precincts. Brazos County's voting precincts range in size currently from a count of "0" to a count of "5397". Brazos County currently uses approximately forty-five (45) polling locations on a major Election Day, with the remainder of the thirty-two (32) voting precincts "combined" for voting purposes into these forty-five (45) locations. Brazos county currently uses approximately fifty-one (51) polling locations on a primary election with the remainder of the twenty-six (26) voting precincts "combined" for voting purposes into these fifty-one (51) locations. At the current time, combined precincts have no more than "3702" registered voters. RFP02-19dectionegWp Page 17 of 37 • 2.6 In a four (4) year cycle, Brazos County's largest ballots are in the presidential and gubernatorial election, in which statewide offices and countywide offices are contested In the November 3, 1998 gubernatorial election, there were forty-one (41) races on the ballot: of the forty-one (41) races, twenty-nine (29) were contested. In the November 7, 2000 presidential election, there werer forty-one (41) races on the ballot: of the forty-one (41) races, twenty-one (21) races were contested. In the November 3, 1998 gubernatorial election, Brazos County's ballot composition produced a total of twenty-six (26) different ballot styles. In the November 7, 2000 presidential election, Brazos County's ballot composition produced a total of twenty (20) different ballot styles. These ballot styles were determined by: two (2) Congressional Districts, two (2) State Representatives Districts, four (4) County Commissioner, and five (5) Justice of the Peace and Constable precincts. 2.7 There are two (2) entities that contract with Brazos County to furnish voting machines. All two (2) entities will have their elections in May. Some of these entities run joint elections. These entities provide their own ballots, ballot labels and election materials. The Brazos County Clerk's Office is responsible for furnishing voting units. 2.8 In the November 3, 1998 gubernatorial election, a total of 26,981 votes were cast in Brazos • County. Of that number, 98,188 votes were cast early in person and by mail. Election turnout was 36%. In the November 7, 2000 presidential election, a total of 47,606 votes were cast in Brazos County. Of that number, 19,382 votes were cast early in person and by mail. Election turnout was 560/a. Brazos County conducts elections in which the turnout could be as low as two percent (2%) and as high as eighty percent (80%). 2.9 Early voting by personal appearance and early voting by mail continue to increase with each successive election conducted in Brazos County. It cannot be stressed enough that attention to the details encountered in the administration of those two (two) operations is paramount in a response to this RFP. To vote early by mail, a voter must submit a signed application to the Brazos County Clerk, Bryan city secretary or College Station city secretary. If approved, the voter is mailed an instruction booklet, a punch card ballot, a voting tool and envelopes for returning the voted ballot, plus any other material particular to an election cycle. Early voting by personal appearance is currently conducted at five (5) locations through Brazos County. Early voting by personal appearance traditionally begins on the 17m day prior to Election Day and concludes on the 0 day prior to Election Day. A voter may vote any ballot style at any voting location. 2.10 Additional information and documents such as sample ballots and canvas returns are available to offerers upon request, if these items cari be of any assistance in responding to this RFP. • 2.11 One additional factor of importance, of which all offerers should be aware, is that voter registration in its entirety (registering voters, maintaining a database, contacting voters under NVRA, etc.) is under the authority of the Brazos County Tax Assessor-Collector. The Brazos County Clerk's Office is able to utilize the voter registration database for inquiry purposes only. RFP02-19e1eeaoneg4 ,p~_~ 'may Page 18 of 37 u 3. VOTING DEVICES USED IN MARCH, 2000 PRIMARY 3.1 REPUBLICAN PRIMARY Twenty (20) ballot styles at each early voting location. Early Voting: Courthouse 13 College Station ISD 13 MSC 10 Arena Hall 10 Galilee Baptist Church 4 Total Early Voting 50 Election Day: Total Election Day 250 TOTAL FOR REPUBLICAN PRIMARY: 250 3.2 DEMOCRATIC PRIMARY Six (6) ballot styles at each early voting location. Early Voting: Courthouse 6 College Station ISD 5 MSC 6 Arena Hall 5 Galilee Baptist Church 5 Total Early Voting 27 Election Day: Total Election Day 150 TOTAL FOR DEMOCRATIC PRIMARY: 150 TOTAL VOTING DEVICES USED IN PRIMARY: 400 3.3 The highest voter turnout the maximum number of voters on the 1" day of early voting at each of the early voting locations were as follows: BASED ON GENERAL ELECTION, NOVEMBER 7, 2000. Courthouse 547 College Station ISD 420 MSC 171 Arena Hall 112 Galilee Baptist Church 39 The maximum number of voters on the last 3 days of early voting at each of the early voting locations were as follows: BASED ON GENERAL ELECTION, NOVEMBER 7, 2000. Courthouse 2179 College Station ISD 2155 MSC 2105 Arena Hall 570 Galilee Baptist Church 225 UP02-19electimequlp Page 19 of 37 s _ ;a`r • 4. VOTING DEVICES USED IN GENERAL ELECTION, NOVEMBER 2000 THERE WERE TWENTY (20) BALLOTS STYLES AT EACH EARLY VOTING LOCATION Early Voting: Courthouse 13 College Station ISD 13 MSC 15 Arena Hall 10 Galilee Baptist Church 6 Total Early Voting 57 Election Day: Total Election Day 410 TOTAL DEVICES USED FOR GENERAL ELECTION: 410 • 5. The Future Brazos County understands that election reform is an ongoing discussion in the country today, and that there are many theories as to the future of voting in the United States. It is extremely important to Brazos County that a prospective offerer be engaged in research and development with an eye on the future of voting systems in the country, whether it be voting by the Internet, voting by telephone, or some other as yet unnamed application. Our agreement with the offerer is not merely a sales transaction; it is a partnership in which Brazos County and the Offerer will work together to offer the citizens of Brazos County the most up-to-date voting technology at a reasonable cost and with full faith and reliability that no voter need be concerned about the accuracy or counting of each and every vote cast. 6. The Brazos County Voting System Selection Committee • 6.1 The Brazos County Clerk has established a Voting System Selection Committee to provide input and expert advice for the selection of the new voting system(s). 62 Demonstrations will be requested to be provided by each offerer and such demonstrations shall be conducted over a two (2) day period, with day one (1) being a more technical, detailed and structured presentation to members of the Voting System Selection Committee, and day two (2) being primarily a hands-on demonstration and application of the voting system(s) to Brazos County citizens who will come and go during the scheduled time for such presentation. Demonstrations to members of both the Voting System Selection Committee and the citizens of Brazos County will take place on Brazos County premises, such location shall be determined during the evaluation period and offerers shall be notified of location at that time. 7. The Implementation Plan 7.1 Brazos County is seeking a DRE Voting System to service the needs of all voters who vote early by personal appearance and all voters who vote on Election Day. Brazos County is seeking an OpScan Voting System to service the needs of all voters who vote early by mail. Brazos County is seeking an EMS to provide a continuous application of all matters related to election administration in one (1) integrated system. RFP02-19electionequlpg~ 3 q ' 7-I Page 20 of 37 7.2 Brazos County is requesting qualified offerers to respond to this RFP for the lease/purchase, installation and maintenance of the new voting system(s), to provide for the ballot layout, the casting of votes, the counting of votes and the reporting of election results. The successful offerer will be required to supply all hardware and software necessary to implement the new voting system(s), as well as provide for the installation of the new system(s), the programming and testing of same, the maintenance, the support training and all documentation required for the establishment of the new system(s). All of these requirements will be part and parcel of the final agreement. 7.3 Brazos County requires all work to be performed in one (1) phase. Offerer must be prepared to install all hardware, software and have all hardware and software ready for first use to conduct early voting for the May 3, 2003 Municipal Elections. 8. General Criteria 8.1 As of the production of the RFP, there are no Texas Election Code guidelines and no Secretary of State guidelines specifically related to the operation of a DRE Voting System. Therefore, offerers should be aware that the specifications, which will be set out relating to a DRE Voting System, may be revised if changes are forthcoming either legislatively or adrninistratively. Modifications and adjustments may be required as a result of said activity. The Texas Election Code addresses voting on an OpScan system and any offerer intending to respond to this RFP should be aware of those requirements. 8.2 : According to the Texas Election Code, "before a voting system or voting system equipment may be used in an election, the system and a unit of the equipment must be approved by the Secretary of State". For a voting system or voting system equipment to be approved for use in elections, the voting system, in which the equipment is designed to be used, must comply with, but may not necessarily be limited to, the following: 8.2.1 preserves the secrecy of the ballot; 8.2.2 ' is suitable for the purpose for which it is intended; 8.2.3 operates safely, efficiently, and accurately; 8.2.4 is safe from fraudulent or unauthorized manipulation; 8.2.5 permits voting on all offices and measures to be voted on at the election; 8.2.6 prevents counting votes on offices and measures on which the voter is not entitled to vote; 8.2.7 prevents counting votes by the same voter for more than one candidate for the same office or, in elections in which a voter is entitled to vote for more than one candidate for the same office, prevents counting votes for more than the number of candidates for which the voter is entitled to vote; 8.2.8 prevents counting a vote on the same office or measure more than once; 8.2.9 permits write-in voting; 8.2.10 is capable of permitting straight-party voting; and 82.11 is capable of providing records from which the operation of the voting system may be audited. 8.3 In addition to these standards, the following additional factor is presented - "a voting system that is acquired on or after September 1, 1999, must: 8.3.1 comply with Section 504 of the Federal Rehabilitation Act of 1973 and its subsequent amendments and Title II of the Federal Americans with Disabilities Act and its subsequent amendments; and 8.3.2 provide a practical and effective means for voters with physical disabilities to cast a secret ballot." RtFM2-19eteetionegWp Page 21 of 37 27 =a. • 8.4 The Secretary of State has promulgated Administrative Rules for the adoption of standards for voting by the disabled and the tests that must be passed by a voting system that is seeking certification under same. It is emphasized here that while the Brazos County Voting System Selection Committee is allowed to participate in a demonstration of a voting system that has not been certified by the Secretary of State, the final decision on which offerer will be awarded the bid will include only those offerers who have been certified at the time of the award decision. 9. System Performance - System Capabilities It must be noted here that the performance and capability standards listed here refer to both the DRE Voting System and the OpScan Voting System, where applicable. The requirements of such shall include, but not be limited to, the following: 9.1 Accuracy: 9.1.1 Produce a record of each vote and report all votes cast; • 9.1.2 Report all votes cast with 1000/a accuracy; 9.1.3 Control logic and data processing methods to detect errors and provide correction methods; 9.1.4 Alert voter to under votes and over votes before final vote is cast; 9.1.5 Address challenged voters and the maintenance of their ballots, within guidelines established by the Texas Election Code and the Secretary of State; 9.1.6 Provide for the storage and tabulation of write-in votes, whether declared write-ins or anything goes write-ins; 9.1.7 Provide for the tabulation of votes cast in split precincts, where all voters residing in one (1) precinct are not voting the same ballot style; 9.1.8 Provide for the tabulation of votes cast in combined precincts, where more than one (1) precinct is voting at the same location, on either the same ballot style or a different ballot style; 9.1.9 Provide for the determination of ballot styles, in which all variable races are used to produce a variety of ballots applicable to voters residing within particular jurisdictional offices; 9.1.10 Permit diagnostic testing of all the major components within each unit; 9.1.11 Provide printout, results containing candidates and/or issues in an alpha-numeric format next to the vote totals for same by means of a programmable ballot from the unit itself; • 9.1.12 Provide logic and accuracy tests in the memory of the main processor and the programmable memory device used on Election Day; including zero printouts before and after each election; follow standards set out in the Texas Election Code and Secretary of State guidelines; 9.1.13 Provide zero printouts for early voting equipment if used on Election Day; 9.1.14 Permit recounts and contests to be conducted under rules as set out by the Texas Election Code and Secretary of State directive. 9.1.15 Record and report all undervote and overvotes. 9.2 Audit: 9.2.1 Provide for a detailed record of each ballot cast; 9.2.2 Maintain ballots by each sub-unit, independent from the main processing system; RFM-19dwsonequip Page 22 of 37 31 - 3 0 9.2.3 Provide that each voter's ballot is secret and cannot be identified by image or code; 9.2.4 Provide for summary reports of votes cast on each voting device, extracting information from a memory device or a data storage device; 9.2.5 Provide printed records regarding the opening and closing of the polls to include, but not be limited to, the following: 9.2.5.1 Identification of election; 9.2.5.2 Identification of each unit; 9.2.5.3 Identification of ballot format; 9.2.5.4 Identification of candidate and/or issue, verifying zero start; 92.5.5 Identification of all ballot fields and all special voting options; 9.2.5.6 Summary report of votes cast for each device, or ability to extract same; 9.2.5.7 Prevent printing of summary reports before the sequence of events required for closing of the polls are completed; 9.2.5.8 Opening the polls reports should have all system audit information required; 9.2.5.9 No data should be lost during generation of reports; 9.2.5.10 Integrity and security of data maintained according to time flame for federal, state and local elections. 9.2.5.11 Prevent unauthorized functions in an improper sequence; 9.2.5.12 Include security provisions compatible with administrative set up and operational use; 9.2.5.13 Require pre-election testing of logic and accuracy-, 9.2.5.14 Require logic and accuracy results be stored in memory of main unit processor and Election Day device; 9.2.5.15 Provide for programmable memory device to be sealed in unit with means of tamper detection; 9.2.5.16 Allow for extraction of data from memory devices via land lines or cell phones for removal to host; 9.2.5.17 Prevent loss of results, images and inaccurate vote count; 9.2.5.18 Remain in operation during power surge or other abnormal electrical occurrences; 9.2.5.19 Provide security procedures system-wide, from turn on to turn off, 9.2.5.20 Prevent tampering or destruction of information through the introduction of a magnetic device; 9.2.5.21 Provide for safeguards against tampering, theft or damage; 9.2.5.22 Insure that test data has been purged from the system. 9.2.5.23 Record and report all undervotes and overvotes. 9.3 Back-Up System: 9.3.1 Install a self-contained internal battery; 93.2 Recharge continuously while connected by AQ 9.33 Power all components, including illumination, audible and disabled voters tools; 9.3.4 Back-up battery should engage immediately with no loss of data in the event of disruption of electrical connection; PJP02-19electiomquip 1 1 f Page 23 of 37 • 9.3.5 Provide data on battery life span in the event of power interruption; at least thirteen (13) hours of battery life to sustain voting equipment for poll opening and closing. 9.4 Speed of System: 9.4.1 Permit voters to cast ballots as quickly as possible without any loss of degree of accuracy; 9.4.2 Provide on screen instructions to provide for voter awareness of the voting unit's operation; 9.4.3 Provide for an accurate and immediate transfer of data, if requested, to permit the dissemination of election results to the media and candidates in an expeditious manner. 9.5 Early Voting By Personal Appearance: • 9.5.1 Allow voters from any voting precinct to vote at any location; 9.5.2 Allow units used during early voting to be de-programmed and re-programmed for use on Election Day, if necessary; 9.5.3 Allow for units to be de-programmed and re-programmed at another early voting location, if necessary; 9.5.4 Provide a means of electronically integrating early voting by personal appearance results with an OpScan Voting System. 9.6 Early Voting By Mail: 9.6.1 Provide a means of electronically integrating early voting by mail results with DRE Voting System; 9.6.2 Allow for the tabulation of early voting by mail ballots that are returned after Election Day in accordance with the provisions of the Texas Election Code. 9.7 Reporting Requirements: 9.7.1 Provide a cumulative, canvas and precinct report of early voting by mail, early voting by personal appearance and Election Day as one (1) total; • 9.7.2 Provide a cumulative, canvas and precinct report of early voting by mail and early voting by personal appearance as one (1) total; 9.7.3 Provide a cumulative, canvas and precinct report of Election Day as one (1) total; 9.7.4 Provide for unofficial and official and late ballot official reports in any variety including early voting, Election Day and total vote; 9.7.5 Provide the ability to custom design an election report to include, but not be limited to, the following information: 9.7.5.1 Name of election; 9.7.5.2 Political subdivisions involved - separate reports should be available for each subdivision in the format enumerated above; 9.7.5.3 Date of election; UP02-19dectionequip Page 24 of 37 A.ca E 9.7.5.4 Type of report; 9.7.5.5 Total number of registered voters in each voting precinct; 9.7.5.6 Formatting of election results by capturing election data embedded in the database and producing specialized reports, i.e. a report of Presidential vote by legislative district or commissioner precinct 9.7.5.7 Provide a report on undervotes and overvotes. 9.7.6 Provide, for election night reporting, a listing of precincts reporting and a listing of precincts not reporting; 9.7.7 Provide for the operator of the reporting system to change the appearance of the report by reformatting the data; 9.7.8 Provide for the removal of an already counted precinct and a re-counting of that same precinct in the event of errors in transmission; 9.7.9 Provide individualized sample ballot information for storage on the County Clerk's website and for reproduction and distribution; 9.7.10 Provide for the automatic transmission of election results through whatever medium chosen by the County Clerk, whether it be via the Internet, telephone lines, electronic data, and the like, while adhering to the transmission rules set out in the Texas Election Code and Secretary of State rule; 9.7.11 Provide for the storage of election results in any version of software required, i.e. Access, Excel, Adobe, ASCII; 9.7.12 Provide for election results to be produced in such a manner as to allow for easy copying for paper distribution upon request 9.8. Independence of Voting System: 9.8.1 Be independent of offerer after training is complete; 9.82 Produce complete specifications for election administration use, including hardware and software specifications, technical documentation, user manuals, user videos, posters, etc.; 9.8.3 Be capable of standalone and network operation. 10. Voter Adaptation - Election Worker Adaptation It must be noted here that Voter Adaptation and Election Worker Adaptation refer to the DRE Voting System and the OpScan Voting System, where applicable. The requirements of such shall include, but may not be limited to, the following: 10.1 Voter Comfort: 10.1.1 Font size should be adjustable for ease of sight; 10.12 Ballot should be easy to read, follow a logical progression, be appealing to the voter's eye and include easy to follow instructions for use; 10.1.3 Voter should be prompted when not using the device correctly; 10.1.4 Device should be adaptable to all disabled voters, from a restructuring of the voting unit to the removal of the device for transporting to a non-ambulatory voter in an automobile; RF1`02-19electionequip Page 25 of 37 r~ 10.1.5 Device must meet all requirements for allowing a visually impaired or blind voter to cast a secret ballot, if so desired; 10.1.6 Voter should be aware by clear means of ballot choice; 10.1.7 Voter should be allowed to change selection until the voter is satisfied with choice; 10.1.8 Voter should be allowed to review all ballot choices before casting the ballot; 10.1.9 Voter booth must meet Secretary of State standards for privacy, either through utilization of current Brazos County voting booths or booths that accompany the offerer's product; 10.1.10 Demonstration unit should be available to allow voter to "practice" if necessary before entering the voting device itself. 10.2 Election Judges and Clerks Comfort: C • 10.2.1 Voting device should be a weight that is easily managed by all election workers, regardless of gender or age; 10.22 If required, devices should be equipped with wheels for easy moving; 10.23 Devices should be able to be transported, without damage to internal circuitry by means of Brazos County Road Crew trucks; 10.2.4 Devices should be of such size as to be able to move through doorways into various size polling places for storage in a particular location within the polling place prior to Election Day use; 10.2.5 Devices should be able to withstand frequent loading and unloading, stacking, assembling, disassembling, reassembling, and heavy use; 102.6 Devices should be stackable within the confinements of the Brazos County Clerk's storage building; 102.7 Devices should allow for an Election Judge or Clerk to assist a voter in activation, either through remote help or direct access to the voting unit; 102.8 Election Judges and/or Clerks should have easy access to all activity taking place in the voting units, being able to monitor the movement of voters into and out of the voting booth; 10.2.9 Election Judges and/or Clerks should have method of immediate detection if a voting unit is not operating properly; 10.2.10 Programmable memory device should be easy for Election Judges and/or Clerks to operate after the closing of the polls; 10.2.11 Devices should be "tamper-proof" while in a storage configuration either in the warehouse or the polling location. 10.2.12 Manuel should be provided (for reproduction) to Election Judges and Clerics explaining the process for opening and closing polls during early voting and on election day. 11. Training and Voter Education It must be noted here that Training Requirements refer to the DRE Voting System and the OpScan Voting System, where applicable. Such requirements shall include, but may not be limited to, the following: RFP02-19dectionequ ip Page 26 of 37 47 11.1 Offerer must be prepared to offer extensive training program on all phases of the Voting System(s) to all personnel, including but not limited to: 11.1.1 The Brazos County Clerk's Office shall be responsible for the administration of all county and primary election related fimcdons, as well as the storage, maintenance programming and transportation of all equipment and the programming of the tabulating equipment and the production and electronic storage of all election results; 11.12 The Central Counting Station personnel, which shall be responsible for the intake of all election returns and the dissemination of same to election night stations. 11.1.3 In addition, the political subdivisions in Brazos County that will utilize the new Voting System(s) must be trained on the applicability of the new technology to their individual elections. Training should be to an extent that Brazos County personnel, City of Bryan personnel, City of College Station personnel and any other applicable person/s as deemed necessary by the Voting Systems Selection Committee will be able to independently administer an election on the new Voting System(s) without offerer presence. Information must be provided in writing and through a series of individual and group training sessions, which should include a "hands-on" approach to using the new system. 112 At a minimum, the following subjects shall be included in the individual and group training sessions: 112.1 Programming, of units; 112.2 Preparation of each individual unit; 112.3 Preparation of polling place to accept voting devices; 11.2.4 Electronic transmission of election results; 11.2.5 Tabulation of results; 11.2.6 Equipment and software used at the central counting station; 11.2.7 Information to be used in training Election Judges and Clerks; 11.2.8 Methods of ensuring the accuracy of precinct results; 1129 Full understanding of the audit procedures; 11.2.10 Conduct of a recount; 11.2.11 Conduct of a contest; 11.2.12 Records preservation requirements; 11.2.13 Printing, designing and reformatting election reports; 11.2.14 Troubleshooting to solve temporary problems; 112.15 Safeguards to prevent tampering or theft; 112.16 Hot points for system errors. 11.3 Offerer must be prepared to offer extensive training for early voting by mail personnel, early voting by personal appearance personnel and Election Day personnel. Training by offerer, together with assistance from Brazos County Clerk personnel, should produce a system whereby these individuals will be able to independently conduct an election in their respective polling locations, without on-site assistance. Again, information must be provided in writing, in the form of manuals or videos, or the like to assist in carrying out an election on the new Voting System(s) without fault or failure. Before reaching this independent stage, offerer must be prepared to offer individualized "hands-on" training classes for these personnel, until the Brazos County Clerk is satisfied that an independent confidence has been established. 11.4 At a minimum the following subjects shall be included in the training sessions mentioned above: 11.4.1 Setting up and testing the voting equipment; 11.42 Operation of the voting device from start to finish; 11.4.3 Processing of voters, from the regular voter, to the challenged voter, 11.4.5 Troubleshooting methods to quickly identify and resolve any problems; 11.4.6 Daily opening and closing of early voting by personal appearance locations; the one time opening and closing of polling locations on Election Day, 11.4.7 Modem transmission of election results; 11.4.8 Printing of zero counts before and after the polls open and close; UP02-19eleotionequip Page 27 of 37 • 1 1.4.9 Assist' voters who require help while in the voting process; ~ 11.4.10 Immediate determination of device problems; 11.4.11 Using the battery back up during electrical failure; 11.4.12 Taking a malfunctioning piece of equipment out of service; 11.4.13 Closing the polls and producing results in any of the methods available for that particular device. 11.5 Brazos County may require that Voter education be addressed in form of flyers, videos, shopping mail displays, website sources, public service announcements through the media and other such methods proven as reliable in informing and educating voters on the proper operation of the new equipment. Education through civic associations, labor unions, committee meetings, chamber meetings, demonstrations and the like should also be addressed in responding to this RFP. 11.6 Successful offerer shall provide, throughout the term of this contract and upon the request of Brazos County, additional training for new employees in key roles at no additional charge to Brazos County. 11.7 Any other training, except as specifically mentioned herein, shall be provided to Brazos County by the successful offerer at mutually agreed upon rates. • 12. Warranty, Support and System Documentation 12.1 Warranty commensurate with voting system standards in existence at the time of the awarding'of the bid; 12.2 Acceptance testing for each unit delivered; 12.3 Analysis of the life expectancy of each piece of hardware and software; 12.4 Documentation on support and training history; 12.5 Documentation showing that system is upgradeabll ; 12.6 Documentation that shows the temperature requirements for storage of the units and the range below and above that number for possible system failure or loss of performance; 12.7 Documentation showing that construction components are non-corrosive material and meet strength test requirements; 12.8 Manuals, videos, specifications and the like for all equipment, hardware and software that are part and parcel of the Voting System(s); 12.9 Complete user and technical documentation, printed and in an electronic format. • 13. Voting System(s) Errors - Reporting and Remedies i The Offerer shall immediately inform the Brazos County Clerk's Office of any system error occurring in any facility in which the voting system is being utilized Errors shall include, but may not be limited to, hardware and software errors. All said errors should be fully analyzed as to the cause and remedy for same. If there are such system faults, there will be no charge to Brazos County for the remedy. Brazos County reserves the right to address the errors individually, if necessary. 14. Answer These Questions About Your Voting System(s) I 14.1 Identify each item of equipment, software and service you are proposing on a separate price sheet. Beside each item, include the price per unit (sale or lease or contract, if different), the total number of devices recommended and the total price (sale or lease or contract, if different); i 14.2 Describe the particulars of your DRE Voting Device: M02-19clectiomquip Page 28 of 37 VITU5 0 142.1 Definition of screen sizes; 1422 Definition of font sizes; 1423 Definition of color options; 142.4 Weight of each individual device; 142.5 Weight of accompanying hardware; 142.6 Booth availability; 142.7 Language availability, 142.8. Methodology for voting by the disabled; 142.9 Are devices independent or interconnected; 142.10 Is the device a touch-screen, stylus activated, wheel activated, or other, 142.11 List any other features that distinguish your unit. 14.3 Describe the particulars of your OpScan Voting Device: 14.3.1 Size of paper ballot available; 14.32 Font sizes available; 14.33 Colors available; 14.3.4 Columns available; 14.3.5 Marling devices that can be used; 143.6 Counting and correcting process for reading ballots; 14.3.7 Over vote and under vote procedures; 143.8 Speed of count; 14.3.9 Quality and weight of paper that can be used; 14.3.10 List any other particulars that distinguish your unit. UP02-19electionequip 14A How does the Voting System(s) allow the voter to vote a straight party vote, a crossover vote? 14.5 How are write-in votes handled on each Voting System(s)? 14.6 How are challenged voters ballots handled? 14.7 Describe in detail the method for handling recounts on each Voting System. Electronic recount? Manual recount? Including the Secretary of State mandated manual count of ballots after an election? Can each voter's ballot be reproduced as is? If so, does voter anonymity remain in place? 14.8 Describe every means of transmitting election results? By modem? By diskette? By paperT By cartridge? Other? 14.9 What are the reporting and audit techniques that are incorporated into each Voting System? 14.10 Describe the types of election reports available from each Voting System? Describe the flexibility available in the production of these reports? 14.11 How does the Voting System(s) incorporate different languages into the units or the voting devices? 14.12 If the operating system is Windows NT based, what procedures are in place for a change to Windows 2000 or Windows XP? 14.13 What security measures are in place to ensure that any Internet activity is not compromised? 14.14 What will be impacted in the voting process in the event of a power failure? Explain in detail the back-up procedures. Explain in detail the remedies available should there be a power failure and a battery failure? 14.15 What system is in place that would identify and record any attempt at tampering with the voting device by either the voter or an election official? Page 29 of 37 • 14.16 What is the minimum lead timerequired for making last minute ballot changes, necessitated by death, withdrawal, eligibility, or court action? 14.17 What are the procedures for an Election Judge (Early Voting or Election Day) to ensure that the ballot presented on the Voting System(s) is the correct ballot for the precinct involved? 14.18 What is the method used for qualifying a voter and granting the voter access to the Voting System(s)? 14.19 What procedure is in place to inform the voter of an under vote or over vote? 14.20 What procedure is in place to allow the voter to review the ballot prior to casting the ballot? 14.21 Explain in detail voting a secret ballot by the blind or visually impaired. What provisions are made for voters with other disabilities? What provisions are made for voters who vote from their automobile? 14.22 Does the voting device provide the voter with any documentation that the voter has cast a ballot as the voter has chosen? If not, is this upgrade a possibility? If this is a possibility, what would be the additional cost of such an enhancement? (If applicable, please list this as an option on your price sheet.) • 14.23 Explain why your Voting System is easy for voters to use. Take into account demographic information relating to race, age, gender, economic status, and education. Do you have statistics to back up your claims? If so, please include such statistics. 14.24 What methods of voter information have you found to be the most successful in establishing voter familiarity and comfortableness with your system? 14.25 What are the environmental controls for the Voting System(s)? 14.26 What are the storage limitations for the Voting System(s)? 14.27 How should the Voting System(s) be tested prior to early voting and Election Day to ensure the accuracy and readiness of each device? 14.28 Are there any recommendations in place for matching the number of voters at any given Election Day polling location with the number of voters who have been properly qualified for voting and have signed the signature roster? 1429 How are early vote totals and election day totals added together? 14.30 What kind of support is available when no one is on site? What is the length of response time? • 14.31 How long does it take to set up one voting devise at the polling place and be ready to vote? 14.32 Are all voting devises connected to a central operational unit within each polling place/ 14.33 If one voting devise fails, does that stop the voting in the whole polling place? 14.34 How do the votes get from the voting devise at the polling place to the central count station tabulator? 14.35 What type of virus protection is used in the design or software of the voting devise and system? 1436 If a voting devise fails in the polling place, how do you extract the votes? 14.37 Can voting devises be tested through out the day by the precinct Judges without comprising the actual votes? RFM249c1ccdonequip Page 30 of 37 0 1438 Can the precinct Judges print a report of the total number of voters who have voted at different times of the day? 14.39 What amp or wiring is needed for each voting unit? 15. Offerer Background and Qualifications 15.1 Give a brief history of your company and a statement of your future strategy for voting systems and for the company, 15.2 Provide the total number and names of jurisdictions in Texas currently using your Voting System(s), and the number and names of jurisdictions currently considering your product; include a list of reference entities similar in size and demographics to Brazos County that currently use your system per the reference requirements listed in the References Section of the Standard Terms and Conditions and as stated below; 15.3 Attach a complete jurisdiction reference list. Include jurisdiction name, contact name, address, telephone number, fax number and size of jurisdiction; 15.4 Describe available financing options, including possible lease purchase arrangements; Please ~.•.R~ include a copy of any legal documents and/or terms and conditions of such arrangement. 15.5 How often are major system revisions released? Are your system revisions approved by the Secretary of State? Briefly explain system updates, releases and revisions that have occurred over the last three (3) years; 15.6 Describe your company's policy relating to source code; 15.7 Briefly explain how your company and your system can uniquely provide solutions for the Brazos County voting process, now and for the future; 15.8 Does your equipment have proprietary components that must be purchased from offerer? 15.9 What additional certifications have your Voting System(s) achieved, i.e. NASED, Wylie, in addition to Texas Secretary of State certification? 15.10 Identify the number of employees in your company who actually work on elections at the city, county, state and federal levels. 16. Offerer Implementation 16.1 Transmission of Election Results: If modem transfer is to be the choice of transmission for election results in the November 4, 2003 Gubernatorial Elections, what type of telephone lines are required to be in place at each of the polling locations? Will cell phones work for modem transmission? Which communication line is preferable? When should testing be performed prior to actual transmission of election results? Please provide a "best practices" method recommended either from your company's experience in another jurisdiction or from research and development. 162 Personnel Training: Offerer is requested to provide a schedule for the training of County Clerk personnel, City of Bryan personnel, City of College Station personnel, Early Voting personnel, Election Day personnel, and any other applicable person/s as deemed necessary by the Voting Systems Selection Committee. The training schedule should include materials for distribution in the form of manuals, guides, videos and the like and any other method recommended to train the above personnel in every phase of the administration of elections under the new Voting System(s). UP02-19etectionequip Page 31 of 37 up, operation, device failure, • Training materials should include step-by-step instructions on set- transmission of results (electronic or otherwise), close out, and troubleshooting. Personnel should be able to follow the material and perform the tasks independently after completing training. 16.3 Workflow: Offerer is requested to provide a detailed diagram of the workflow for using the Voting System(s) in the conduct of an election, with specific emphasis on the November 5, 2002 Joint Elections and shall provide a detailed plan, on paper regarding the electronic medium, including all tasks to be performed, the number of personnel required and the time required to accomplish all tasks. Items in the plan shall include, but shall not be limited to, the following: 16.3.1 Preparing a polling place for set up and use of the Voting System(s), taking into account the amount of space available, 16.32 Equipment to be utilized and the number of personnel to be employed 16.3.3 Procedures at the central counting station, and 16.3.4 Whether one (1) station or regional stations will be established 16.4 County Clerk and City Personnel Training: In addition to the Training requirements stated herein, the following requirements shall be applicable in regard to County Clerk and City Personnel Training: 16.4.1 Offerer is requested to provide detailed notebooks, guidelines, checklists, videos and the like for training County Clerk personnel and any other applicable periods as deemed necessary by the Voting System Selection Committee in the administration of the system, from its initial implementation to the retention of election records after an election. 16.4.2 Offerer is requested to provide detailed notebooks, guidelines, checklists, videos and the like for training of the City of Bryan and City of College Station personnel and any other applicable person/s as deemed necessary by the Voting System Selection Committee in the administration of the system, from its initial implementation to the retention of election records after an election.. 16.4.3 This plan should include, but may not be limited to; developing ballot formats, diagnostics, voting schematics, electronic transmissions, non-modem transmissions, compiling election returns, formatting reports and releasing results. 16.4.4 Training should also include extensive information on how to solve every potential problem that might develop in the election process. 16.5 On-Site Support: In addition to the On-Site Support requirements stated herein, the following requirements shall be applicable in regard to On-Site Support: • 16.5.1 Offerer is requested to provide a short term on-site (through the first candidate election held by Brazos County, City of Bryan and City of College Station) and a long-term plan for offerer support. 16.5.2 Offerer shall include a description of the type of support to be provided, the number and qualifications of experts provided and the costs of said support, if not part of the whole package. 16.53 Offerer shall provide a time fume under which it is anticipated that Brazos County will eventually assume independent administration of the new Voting System(s). 16.5.4 Brazos County will make the final decision on when on-site offerer support will no longer be required - as such, provide information necessary for the county to determine the budget impact of continued on-site support. RFP02-19electionequip Page 32 of 37 S.3 0 16.6 Education and Outreach: In addition to the Education and Outreach requirements stated herein, the following requirements shall be applicable in regard to Education and Outreach: 16.6.1 Offerer is requested to provide a plan for educating the voting public, the media, candidates, voters and all interested parties on the operation of the new Voting System(s). 16.62 Offer must be prepared to assist the Brazos County Clerk in a media campaign in order to inform the citizens of Brazos County ofthe new Voting System(s). M02-19electionequip Page 33 of 37 1-\ • BRAZOS COUNTY PRICING SHEET RFP # 2002-052 DIRECT RECORDING ELECTRONIC (DRE) VOTING SYSTEM, TWO (2) OPTICAL SCAN (OPSCAN) VOTING SYSTEMS AND TWO (2) ELECTRONIC MANAGEMENT SYSTEMS (EMS) FOR BRAZOS COUNTY Proposals must include the cost figures in detail, including separate costs for all items proposed. Please Refer to Specials Requirements Section of RFP. Offerers may include a separate sheet for additional space. 1. PURCHASE PRICE: The purchase price shall be based on the attached Special Requirements and Scope of Work. Purchase Price shall include, but may not be limited to, hardware, software, licenses, maintenance training, upgrades, etc. Vendor shall itemize the following as well as any other required components additional costs and/or optional costs. The purchase price shall be the total cost for a turkey implementation of Direct Recording Electronic (DRE) Voting System, two (2) Optical Scan (OpScan) Voting Systems and two (2) Election Management Systems (EMS). DESCRIPTION PRICE 1.1 Number of voting devices recommended, taking into account Brazos County voting history, current registered voter population, Voting precincts and punch card equipment currently being utilized 1.2 Cost for each individual device 1.3 Cost for software to implement the Voting System(s) 1.4 Cost for licensing 1.5 Cost for maintenance, annual and/or per election 1.6 Miscellaneous costs 1.7 TOTAL PURCHASE PRICE 1.7.1 Items Available as Option 1.72 Time and Material Cost for Maintenance 2. PURCHASE WITH OPTION TO RENEW ANNUAL MAINTENANCE The Purchase Price with Renewals shall be based on the attached Special Requirements and Scope of Work. The Purchase Price with Renewals shall include, but may not be limited to, hardware, software, licenses, maintenance training, upgrades, etc. Prices shall be based on the itemized list provided for Purchase Price above. The Purchase Price with Renewals shall be the total cost for a turkey implementation of Direct Recording Electronic (DRE) Voting System, two (2) Optical Scan (OpScan) • Voting Systems and two (2) Election Management Systems (EMS) for the initial tens of the contract plus the option to renew maintenance for five (5) renewal periods. DESCRIPTION PRICE 2.1 Purchase Price 22 Maintenance Renewal # 1 2.3 Maintenance Renewal # 2 2.4 Maintenance Renewal # 3 2.5 Maintenance Renewal # 4 2.6 Maintenance Renewal # 5 UP02-19electionequip Page 34 of 37 2.7 TOTAL PURCHASE COST WITH MAINTENANCE 3. LEASE / PURCHASE PRICE Lease / Purchase shall mean lease with the option to purchase at some future date. The Lease / Purchase Price shall be based on the attached Special Requirements and Scope of Work The Lease / Purchase Price shall include, but may not be limited to, hardware, software, licenses, maintenance training, upgrades, etc. Prices shall be based on the itemized list provided for Purchase Price above. The Lease / Purchase Price shall be the total cost for a turnkey implementation of Direct Recording Electronic (DRE) Voting System, two (2) Optical Scan (OpScan) Voting Systems and two (2) Election Management Systems (EMS) if Lease / Purchased. DESCRIPTION PRICE 3.1 Lease / Purchase Payment # due on 32 Lease / Purchase Payment # due on 3.3 Lease / Purchase Payment # due on 3.4 Lease / Purchase Payment # due on 3.5 Lease / Purchase Payment # due on 3.6 Lease / Purchase Payment # due on 3.7 TOTAL LEASE / PURCHASE COST 4. LEASE PRICE The Lease Price shall be based on the attached Special Requirements and Scope of Work. The Lease Price shall include, but may not be limited to, hardware, software, licenses, maintenance training, upgrades, etc. Prices shall be based on the itemized list provided for Purchase Price above. The Lease Price shall be the total cost for a turnkey implementation of Direct Recording Electronic (DRE) Voting System, two (2) Optical Scan (OpScan) Voting Systems and two (2) Election Management Systems (EMS) for the initial term of the contract plus five (5) renewal periods. DESCRIPTION PRICE 3.1 Lease Payment - Initial Term due on 3.2 Lease Payment - Renewal # 1 due on 3.3 Lease Payment - Renewal # 2 due on 3.4 Lease Payment - Renewal # 3 due on 3.5 Lease Payment - Renewal # 4 due on 3.6 Lease Payment - Renewal # 5 due on 3.7 TOTAL LEASE / PURCHASE COST 5. CASH DISCOUNT Please insert in the blank space below your company's cash discount policy for payment of invoices. (Example - 2% 15-days, 1% 30-days, Net 30-days) % Please insert in the blank space below your company's cash discount policy for payment of the new voting system in full. % RFP02-19dectloneyuip p~J^' Page 35 of 37 • • RFP02-19electionequip Page 36 of 37 0 BRAZOSCOUNTY NON-COLLUSION STATEMENT RFP # 2002-052 DIRECT RECORDING ELECTRONIC (DRE) VOTING SYSTEM, OPTICAL SCAN (OPSCAN) VOTING SYSTEM AND ELECTRONIC MANAGEMENT SYSTEN (EMS) FOR BRAZOS COUNTY "The undersigned affirms that they are duly authorized to execute this Contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid" Offerer Address Phone Fax Number Offerer (Signature) Offerer (Print Name) Position with Company Signature of Company Official Authorizing this Bid/Offer _ Company Official (Printed Name) Official's Position Offerer hereby assigns to purchaser any and all claims for overcharges associated with this Contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea, and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, se . RFP02-19electionequip VOL Page 37 of 37 r"`\ • E)HIBTT C Hart's Proposal (See Attached Document) r • Page 1 of 1 CONFIDENTIAL 0 EEOP SHORT FORM INTRODUCTORYIl FO.RMATTON Grant Title: Brazos Valley Narcotics Task Force Grantee Name: Brazos County Address: 300 E. 260'St, Suite 105, Bryan, Tx 77806 Contact Person: Commander David Patterson Grant Number: DB-02-A10-13867-04 Award Amount: $649,991 Telephone No.: (979) 485-0239 Date and effective duration of EEOP: December 1, 2002 through December 1, 2004 Policy Statement: It is the operating policy of Brazos County to afford all persons Equal Employment Opportunity without regard to their race, color, religion, sex, national origin, age, marital status, disability, or veterans' status. Furthermore, this County will make every good faith effort to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, age, marital status, disability, or veterans' status in all personnel practices, including but not limited to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training. All present employees are requested to encourage any individual, regardless of race, color, religion, sex, national origin, age, marital status, disability, or veterans' status to make application for employment. Any complaint of alleged discrimination by this entity, its supervisors or employees, or any person or organization acting on behalf of Brazos County should immediately be called to the attention of the Brazos County Risk Manager and/or the Brazos County Personnel Manager. Brazos County takes the issue of discrimination seriously and will take disciplinary actions against individuals identified as discriminating or harassing any individual because of race, color, religion, sex, national origin, age, marital status, disability, or veteran's status. Signed by: - Title: Brazos County Judge Date: jj • ZG• Ov Alvin 'W. Jones ~`_~a.1w:.i.-.tea u.i.sr +~~:•...iv..x e.>'~y?dSSn'•~iai~$ • • • COMMUNITY LABOR STATISTICS (CLR) r- W 1H 1 t E Males Females 1 4 i M N Officials/Administrators 715 134 4038 298 101 10 161 2173 166 68 3 Percentage 2% 56% 4% 1% 0% 2% 30% 2% 1% 0% Professionals 14037 247 6573 371 630 8 338 5250 341 279 Percentage 2% 47% 3% 4% 0% 2% 37% 2% 2% 0% Techniclans 4391 94 2026 288 332 7 109 1202 189 124 5 Percentage 2% 46% 7% 8% 0% 2% 27% 4% 3% 0% Protective Services 948 72 635 49 23 0 25 144 0 0 0 Percentage 8% 67% 5% 2% 0% 3% 15% 0% 0% 0% Para-Professional 170 7 79 10 13 0 356 991 212 39 0 Percentage 0% 5% 1% 1% 0% 21% 58% 12% 2% 0% Office/Clerical 12929 304 2865 343 147 12 909 7261 881 171 23 Percentage 2% 22% 3% 1% 0% 7% 56% 7% 1% 0% Skilled Craft 4530 353 3044 795 29 18 43 203 19 0 10 Percentage 8% 67% 18% 1% 0% 1 % 4% 0% 0% 0°i6 Service/Maintenance 13822 1416 5062 2263 96 1 1166 2653 991 104 20 Percentage 10°x6 37% 16°~ 1% 0% 8% 19% 7% 1% • Y BRAZOS COUNTY'S WORKFORCE F` h r, Males Females Officials/Administrators 43 2 29 1 0 0 0 11 0 0 0 Percentage 5% 67% 2% 0% 0% 0% 26% 0% 0% 00/0 Professionals 110 5 40 5 0 0 6 47 6 1 0 Percentage 5% 36% 5% 0% 0% 5% 43% 5% 1 % 0% Technicians 14 0 9 0 1 0 0 3 1 0 0 Percentage 0% 64% 0% 7% 0% 0% 21% 7% 0% 0% Protective Services 206 29 99 19 0 0 26 29 4 0 0 Percentage 14% 48% 9% 0% 0% 13% 14% 2% 0% 0% Para-Professional 0 0 0 0 0 0 0 0 0 0 0 Percentage NA NA NA NA NA NA NA NA NA. NA Office/Clerical 17 0 6 1 0 0 18 105 44 0 0 Percentage 0% 3% 1% 0% 0% 10% 60% 25% 0% 0% Skilled Craft 45 11 21 12 0 0 1 0 0 0 0 Percentage 24% 47% 27% 0% 0% 2% 0% 0% 0% 0% Service/Maintenance 23 5 5 3 0 0 3 2 5 0 0 Percentagel 1 1 22% 22% 13% 0% 0% 13% 9% 22% 0% 0% 0 0 0 0 UTILIZATION CHART E i f F Males Females Officials/Admins WF 2 5% 29 67% 1 2% 0 0% 0 09'0 O 0°/6 11 26% 0 0% 0 0% 7 0 - 21 / . CLS 134 2% 4038 56% 298 4% 10i 1% 10 0°Yo 2173 30% 166 2% 68 1% 3 0 / . Utilization % 3% 11% -2% -1% 0% -2% -4% -2% -1% 0% Professionals WF 5 5°k 40 36% 5 5% 0 09'o 0 0% 6 5% 47 43% 6 5% 1 1% 0 0% CLS 247 2°do 6573 47% 371 3% 630 4% 8 0% 338 2% 5250 37% 341 2% 279 290 0 0% Utilization % 3% -11% 2% -4% 0% 3% 6% 3% -1% 0% Technicians 0 WF # / 9/6 0 0% 9 64% 0 0% 1 7% 0 0% 0 0% 3 21% 1 7% 0 0% 0 0% CLS 94 2% 2026 46% 288 7% 332 8% 7 1-615/6 109 2% 1202 27% 189 4°/6 124 3% 5 0% Utilization % -2% 18% -7% -1% 0% -2% -6% 3% -31c/0 0% Prot Svc Officials WF 29 14% 99 48% 19 9% 0 0% 0 0% 26 13% 29 14% 4 2% 0 0% 0 0% CLS 72 8% 635 67% 49 5% 23 2% 0 0% 25 39'0 144 15% 0 0% 0 0% 0 0% Utilization % 6% -19% 4% -2% 0% 10% -1% 2% 0% 0% Para-Professional WF 0 NA 0 NA 0 NA 0 NA O N 0 NA 0 NA 0 NA 0 NA O N CLS 7 0% 79 5% 10 1% 13 1% 0 0% 356 21 % 991 58% 212 12% 39 2% 0 0% Utilization % NA NA NA NA NA NA NA NA NA NA Office/Clerical WF 0 0°k 6 3% 1 1% 0 096 0 0% 18 10% 105 60% 44 25% 0 1 0% 0 0% CLS # / % 304 2% 2865 22% 343 3% 147 1% 12 0% 909 7% 7261 56% 881 7% 171 1% 23 0% Utilization % -2% -19% -2% -11% 0% 3% 4% 18% -11% 0% Skilled Craft WF 11 24% 21 47% 12 27% 0 0% 0 0% 1 2% 0 0% 0 0% 0 0% 0 0% CLS 353 8% 3044 67% 795 189'0 29 1 % 18 0°Yo 43 1 °i6 203 4% 19 0% 0 0% 10 0% Utilization % 16% -20% 9% -1% 0% 1% -4% 0% 0% 0% Svc/Maint - WF I 51 22% 5 2296 3 13% 0 0 0 0% 3 13% 2 996 5 22% 0 096 0 096 CLS 1416 10% 5062 37% 2263 16% 96 1% 17 0% 1166 8% 2653 19% 991 7% 104 1 % 20 0°~6 Utilization %1 1 12% -15% -3% -1% 0% 596 -10% EEO PLAN Utilization Analysis: The following table breaks down the utilization information into four sections: 1-5% underutilization, 5-10% underutilization, 10-20% underutilization, and 20% and up undeiutilization. W females (40%) AM males (1%) Officials/Admin A/PI females (1%) N/A N/A MA H males (2%) B females (2°/a) H females (2%) Professionals A/PI males 4%) AM females (1%) N/A N/A N/A A/PI males (1%) Technicians B males (Ty.) W females (6%) NIA N/A B females (2%) H males (7°/6) AM females (3%) Prot Svc Officials W female (1%) A/PI male (2°i6) N/A i N/A N/A Para-professional N/A N/A A N/A A/Pl male (1%) Office/Cerical A/PI female (1%) N/A N/A N/A B male (2%) H male (2%) Skilled Craft W females (4% A/PI males (10/6) N/A NIA N/A A/PI males (10%) Svc/Maintenance A/PI females (1%) N/A W females (100/6) N/A H males (3%) Although the above utilization analysis shows largely insignificant differences between the community labor statistics and Brazos County's workforce, the county demonstrates a mild underutilization of white females in the Service/Maintenance job category. Their representation in the community is 19% while at the county it is only 9%. Further white females are underutilized at some level in five of the eight job categories. Objectives: Because white females are under-represented in the Service/Maintenance level of our organization, it is our objective to increase this representation by evaluating our hiring practices to ensure that white women are receiving equal opportunity to apply for and receive employment with Brazos County. • EEO PLAN Achievement of Objectives: 1) The county will continue to submit EE0 4 forms to the EEOC as required by federal statute. 2) The county will maintain a continuing process of accepting applications whether or not there is a vacancy, keeping them on file for 90 days, and reviewing them in order to notify and consider applicants when a job vacancy occurs. 3) The county will utilize local career placement centers to insure that as many prospective job applicants as possible are notified as to job vacancies. Dissemination Plan: 401) The county will continue to include the following statement on all Employment Application forms: Qualified applicants are considered for all positions without regard to race, color, religion, set national origin, age, marital or veteran status, or the presence of a non job related medical condition or handicap. The information requested will not be used to discriminate against any qualified applicant or employee. 2) The county will continue to include the following statement on all job postings and advertisements: Brazos County is an EOE. 3) EEO posters will continue to be displayed in areas frequented by employees as well as areas frequented by the public, such as bulletin boards in the public hallways of the courthouse. • 0 BRAZOS COUNTY ~a .o 0 ICA ~o eti EQUAL EMPLOYMENT OPPORTUNITY POLICY • BRAZOS COUNTY EQUAL EMPLOYMENT POLICY STATEMENT • • It is the operating policy of Brazos County to afford all persons Equal Employment Opportunity without regard to their race, color, religion, sex, national origin, age, marital status, disability or veterans' status. Furthermore, the County will make every good faith effort to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, age, marital status, disability, or veterans' status in all personnel practices, including but not limited to employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection of training. All present employees are requested to encourage any individual, regardless of race, color, religion, sex, national origin, age, marital status, disability, or veterans' status to make application for employment. Any complaint or alleged discrimination by this entity, it's supervisor or employees, or any person or organization acting on behalf of Brazos County should immediately be called to the attention of the Risk Manager. Brazos County takes the issue of discrimination seriously and will take disciplinary actions against individuals identified as discrimination or harassing any individual because of race, color, religion, sex, national origin, age, marital status, disability, or veterans' status. Signed by. 6Z --Lo - - Zvi -C>y Alvin . Jones Date County Judge 0 BRAZOSCOUNTY EQUAL EMPLOYMENT OPPORTUNITY POLICY 2002 - 2004 PURPOSE: To reaffirm the policy of Brazos County of equal employment opportunity. POLICY: The Equal Employment Opportunity of Brazos County is founded on the fundamental belief in the dignity of the individual and that progress towards achievement requires positive steps to remove discriminatory barriers. Brazos County will assure that equal employment opportunity is afforded to all employees and applicants for employment regardless of race, color, sex, religion, national origin, age, veterans status, disability, or special disabled veteran status. The best qualified applicants will be hired regardless of their race, color, religion, veteran status or handicapped status. In carrying out this equal employment opportunity policy, the County will comply with statements of national and state policy concerning equal opportunity, including Title VI and VII of the Civil Rights Act of 1964, as amended; the Age Discrimination Employment Act of 1967,as amended; the Equal Pay Act of 1963, as amended; the Americans with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; Executive Order No. 11246, as amended; all other applicable laws or orders; and all related rules and regulations. Scope of Policy: This policy extends to all employees and applicants for employment in all aspects of the employment relationship including but not limited to the following; advertising, recruitment, i--~ employment, compensation, promotion, transfer, termination, selection of training, and all other privileges and conditions of employment. Responsibilities: All employees are expected to carry out the spirit and intent of this policy. The application and effectiveness of this policy are the responsibility of elected officials, department heads, the Brazos County Risk Manager, and all supervisory personnel. .~3 7, - , _ ^t~zvma . Procedures: Personnel decisions will be made on the basis of occupational qualifications and job-related factors such as skill, knowledge, education, experience, and ability to perform a specific job; and without regard to race, age, religion, color, handicap, national origin, sex, political affiliation or belief, or any other not-merit factor. The County will continue to assign direct responsibilities to supervisory personnel in order to implement this nondiscrimination policy. Prompt resolution will be made of any efforts to impede or prevent compliance with this policy. Comment: The County is dedicated to the accomplishment of the Equal Employment Opportunity Policy. • • 0 for Brazos County provided by 14eftife Me"* 132RMSendatlve Cynthia Faldyn 4400 Post Oak Parkway, Suite 2137 Houston, TX 77027 Phone Number- (7'13) 960.7004 Fox Number- (713) 622.3198 This renewal is for plan year, 1/1/2003 to 1213112003. The hbmt Lion indudad In ttr?8 mrimABl Is proMetaryto.MetropoUten Ule kti tuvve Company. n Is Utmnded for uee only by Brazos County and may not be shuW with any odw part' wtthout the wrttten pem Ulon at Metropoiimn Ufa Ineurm o Comparty- McUVoUtan Llfe insurance Company New York, New York 10010 L020MGUK(exp0:303)MUC-lD '7- 20 • TECHNICAL OVERVIEW • RENEWAL RATE ADJUSTMENTS Coverage Current Rate Renewal Rate Change in Rate Dental Emp loy ee only 16.37 17.40 +6.3% • Emp loy ee + Spouse 33.78 35.91 +6.3% Emp loy ee + Child ren 29.61 31.48 +6.3% • Em ploy ee + Family 50.59 53.78 +6.3% ~A40 ,rj l1'~i'OL 31. 4L viL. b'd 666 *ON S3iuI ossu 0mu uo wn-1cj Wd9h:17 2002'BT'AON 0 TONY JONES RANDY SIMS 361-4106 Brazos County Commissioners Court 361-4105 ALVIN W. JONES WM. S. THORNTON County Judge CAREY CAULEY, JR. Precinct 2 (979) 361.4102 Precinct 4 361-4115 361-4111 November 19, 2002 Health Care Financing Administration Insurance Standards, CMSO 7500 Security Blvd. Mail Stop S-3-16-26 Balitmore, MD 21244-1850 Name of Plan: Brazos County Employee Benefit Plan Address: 300 E. 26th Street, Suite 107 Bryan, Texas 77803-5327 EIN: 74-6000433 January 1, 2003 through December 31, 2003 Plan Administrator. Brazos County Brazos County Employee Benefit Plan is not provided through insurance. It is self-funded. Brazos County elects under authority of section 2721 (b) (2) of the Public Health Service (PHS) Act, and 45 CFR 146, 180 of Federal regulations, to exempt Brazos County from the following requirements of title XXVII of the PHS Act: 1. Limitations on preexisting condition exclusion periods. 2. Prohibitions against discriminating against individual participants and beneficiaries based on health status. 3. Standards relating to benefits for mothers and newborns. 4. Parity in the application of certain limits to mental health benefits. This election has been made in conformity with all rules of the plan, sponsor, including any public hearings, if required. I certify that the undersigned is authorized to submit this election of behalf of Brazos County. A copy of the notice to plan enrollees is enclosed, and will be provided to plan enrollees in accordance with 45CVFR 146.180(f).) If CMS has any questions regarding this election, please contact Loraine Nichols at 979-361-4117. Signature: C*4:; iZ4;Z;L Title: County Judge Brazos County Courthouse - 300 East 26th St - Surte 106 - Bryan. Texas 77803-5327 - Fax (979) 823-6993 Notice to Enrollees in a Self-Funded Non-Federal Governmental Group Health Plan Under a Federal law know as the Health Insurance Portability and Accountability Act of 1996 (IPA), Publick Law 104-191, as amended, group health plans must generally comply with the requirements listed below. However, the law also permits State and local government employers that sponsor health plans to elect to exempt a plan from these requirements for any part of the plan that is "self-funded" by the employer, rather than provided through a health insurance policy. Brazos County has elected to exempt Brazos County Employee Benefit Plan from 1, 2, 3, 4 and 5 of the following requirements. 1. Limitations on preexisting conditions exclusion periods. 2. Prohibitions against discriminating against individual participants and beneficiaries based on health status. 3. Standards relating to benefits for mothers and newborns. • 4. Parity in the application of certain limits to mental health benefits. 5. Required coverage for reconstructive surgery following mastectomies The exemption from these Federal requirements will be in effect for the 2003 plan year beginning January 1, 2003 and ending December 31, 2003. The election may be renewed for subsequent plan years. HIPPA also requires the Plan to provide covered employees and dependents with a "certificate or creditable coverage" when they cease to be covered under the Plan. There is no exemption from this requirement. The certificate provides evidence that you were covered under this Plan, because if you can establish your prior coverage, you may be entitled to certain rights to reduce or eliminate a preexisting condition exclusion if you join another employer's health plan, or if you wish to purchase an individual health insurance policy. • is AMENDMENT NUMBER EIGHT TO THE BRAZOS COUNTY EMPLOYEE BENEFITS PLAN STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned, a Notary Public in and for said state and county, personally came and appeared Brazos County, represented by Alvin W. Jones who declared that the Brazos County Employee Benefits Plan, previously established, is hereby amended as follows: ARTICLE XX, HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) COMPLIANCE is hereby restated to read as follows: ARTICLE XX HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) COMPLIANCE "HIPAA" shall mean the Health Insurance Portability and Accountability Act of 1996, as presently enacted and as it may be amended from time to time, together with its related rules and regulations. References to any section of HIPAA shall include any successor provisions. The Plan Sponsor of a non-federal governmental plan may elect to be exempt from any or all of the requirements identified below: (1) Limitations on pre-existing condition exclusion periods; (2) Special enrollment periods for individuals (and dependents) losing other coverage; (3) Prohibitions against discriminating against individual participants and beneficiaries based on health status. (4) Standards relating to benefits for mothers and newborns; (5) Parity in the application of certain limits to mental health benefits. (6) Required coverage for reconstructive surgery following mastectomies. As a non-federal governmental plan, this Plan has elected to be exempt from the following sections of the Health Insurance Portability and Accountability Act for plan year January 1, 2003 ending December 31, 2003: (l) the limitations on imposing pre-existing conditions exclusions; (2) the requirement to have special enrollment periods for employees and dependents in certain circumstances; (3) the prohibition against discrimination on the basis of health status; (4) standards relating to benefits for mothers and newborns; (5) parity in the application of certain limits to mental health benefits. This Plan will provide coverage loss certificates to participants who lose coverage under the Plan • This amendment will be effective January 1, 2003. THUS DONE AND SIGNED, before me, Notary, and the undersigned competent witnesses on this the day of A& V6,M BfsX, , 2002 WITNESSES: BRAZOS COUNTY • OTARY SCANDY :GALLEGO Nom►y auatexas V# C xWxpires MAY 9 75 E N~ Y~ TARRANT COUNTY PURCSASMG} DEPARTMENT JACK BEACHAM, C.P.M. PURCHASING AGENT December 11, 2002 Pat Howard Purchasing Agent Brazos County Purchasing 300 E. 26" St, Ste 117 Bryan, TX 77803 Interlocal Agreement ROY EDWARDS, C.P.M. ASSISTANT Pat, enclosed is a fully executed copy of the Interlocal Agreement between Tarrant County and Brazos County. This agreement will remain in effect until terminated by either party to the agreement. To use Tarrant County contracts, you will need to submit a request for each contract(s) that you wish to use. You may list multiple contracts on one request. Please fax your requests to fax number (817) 212-3067. If I can be of further assistance please contact me at (817) 884-1414. Sincerely, Erin Boddie Cooperative Purchasing Coordinator Attachments ??j TARRANT COUNTY ADMINISTRATION BUH,DING, ROOM 303 100 E. WEATHERFORD, FORT WORTH, TEXAS 76196 817-984-1414,817-894-2629 (Fax) g9~2J INTERLOCAL AGREEMENT BETWEEN COUNTY OF TARRANT AND BRAZOS COUNTY TEXAS This agreement is made this 12th day of November 2002, between the County of Tarrant, Texas and Brazos County, Texas. Pursuant to the authority granted by the "Texas Interlocal Cooperation Act," Chapter 791 Texas Government Code providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: WHEREAS, the contract is made under the authority of Sections 791.001- 791.029 of the Texas Government Code; and, is WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; WHEREAS, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public and that each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this contract; furthermore, the governing bodies find that the performance of this contract is in the common interest of both parties; and that the division of cost fairly compensates the performing party for the services performed under this contract; Brazos County, hereby makes, constitutes and appoints Tarrant County its true and lawful purchasing agent for the purchase of various commodities go using Annual Contracts (Bids). Tarrant County will maintain a listing of Annual Contracts which are available for local entities use. To utilize one or more of these contracts, local entities must request authorization, in writing, to Tarrant County. Upon receipt of request, Tarrant County will send a form letter to the appropriate vendor(s) for their approval and signature. Upon receipt of authorizing letter from the vendor(s), Tarrant County will forward a copy of the letter and appropriate Annual Contract to the requesting entity. Brazos County agrees that Tarrant County shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by Tarrant County according to its usual bidding procedures and in accordance with applicable State statutes. 7 -7 0 Brazos County agrees that all specifications for selected items shall be as determined by Tarrant County. Brazos County agrees to pay the supplier for all goods, equipment and products pursuant to this agreement. The successful bidder or bidders shall bill Brazos County directly for all items purchased, and Brazos County shall be responsible for vendor's compliance with all conditions of delivery and quality of the purchased items. IV. Pat Howard, Purchasing Agent, is hereby designated as the official representative to act for Brazos County in all matters relating to this agreement. V. This agreement shall take effect upon execution by both signatories. VI. This agreement shall be in effect from the date of execution until terminated by either party to the agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. TARRANT COUNTY BRAZOS COUNTY BY YIAl TITLE OL9 U C v DATE _ 1 2 f 10 / 0 z_ BY TITLE County Judge DATE November 26, 2002 '3 '1 t Brazos County Department of Information Technology 202 East 270` Street, Suite 102, Bryan, Texas 77803 Voice: 979.361.4310 Fax: 979.361.4408 Memorandum TO: Commissioner's Court FROM: Ernie Laney, Interim Director • DATE: November 20th, 2002 SUBJECT: Agenda Item for 26th, 2002 Please consider this request to renew the following software support agreement with SunGard Pentamation for fiscal year 2003: Software maintenance/Support services - Receipts Manager: $ 995.26 Funding for this agreement was approved during the IT department's FY2003 Budget hearing. r~ .4A ft, BRAZOS COVl\ 1 i Payment Authorization Vendor M / Division: lgonol Pay To: Today's Date: Address: Attach ALL supporting data such as invoices, meal and hotel receipts, airline tickets, seminar brochure(s) or syllabus, registration forms, etc. OICE ATE INVOICE NUMBER DESCIU ON QUANTM UNrr MULE TOTAL 7 5, 0/7 4'e'-Al O D FREIGHT d TW IligllWWn has been evajuste MW approved by Brazos Qounty TOTAL $ OwpMIQUISlMt 01 d M""amm I CUKH 1 M "l; the requisitioner, hereby certify that the item(s) and/or service(s) on this requisition have been used exclusively for the benefit of Brazos County. They have been purchased FUND DIVISION ACCO OJE ACCOUNT In compliance with Section 262.021 - 262.034 of the 14671 "County Purchasing Act." I further certify that I am aware of all requirements of Section 262.021- 262.034 and I am aware of the criminal enaldes Iting from the violation of that Act." Requisition By Approved County Judge Approved by County Auditor ✓^o TOTAL THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL • SUNGARDO Pentamation Inc. 225 MARKETPLACE BETHLEHEM, PA 18018 (610) 867-9200 FAX (610) 954-8378 Bill To: BRAZOS COUNTY AUDITOR'S OFFICE P.O. DRAWER 914 BRYAN TX 77805 United States Attn: ACCOUNTS PAYABLE (979)361-4350 0000 C7 • Customer GrpAVo. Customer Name Customer PO Number Currency Code Terms Due Date 1 1115 BRAZOS COUNTY AUDITOR'S OFFICE USD NET30 31/Dec/2002 Invoice Company Invoice No Date Page PE 12574 OI DOC12002 1 Of 1 Sales Order: 3680 Ship To: BRAZOS COUNTY AUDITOR'S OFFICE P.O. DRAWER 914 BRYAN TX 77805 United States Attn: ACCOUNTS PAYABLE (979)361-4350 0000 0 SKI) CodefDescription/Comments No. of Users Units Rate Extended Act,, tl EQU fP IFt - t_ , 0aio T+t IV - - ` ` - Aft _001 ~.r~ • _ . ~ ; - _ . s - _ : [~~=fVf ~ ~LH~Sie(~ , MRVfO ~'~llrr ' 1. MOTOR OIL-SAE 30W 55 GAL DRUM BRAND NAME ROYAL HD SEL SAE 30 SHELL RIMULA 30W SUPER S HD FLEET SAE 30 PRICE PER GAL $3.90 $4.3938 $3.90 DRUM DEPOSIT NIA NIA N/A - ; 4_ Sr [ K.fr Y~ - _.l-. • .'1`.- - ril ~.i P r _ - ~ ZV..T _ T - - - - --r i 2. MOTOR OIL-SAE 30W 5 GAL CANS BRAND NAME ROYAL HD SEL SAE 30 SHELL ROTELLA 30W SUPER S HD FLEET SAE 30 PRICE PER GAL $4.30 $4.46 $4.10 3. MOTOR OIL-15W40 55 GAL DRUM BRAND NAME ROYAL SUPR SAE 15W40 SHELL RIMULA 15W40 SUPER S HD FLEET MG 15W40 PRICE PER GAL $3.90 $4.05618 $3.90 DRUM DEPOSIT N/A N/A N/A _ 4. MOTOR OIL-15W40 5 GAL CANS BRAND NAME ROYAL SUPR SAE 15W40 SHELL RIMULA 15W40 SUPER S HD FLEET MG 15W40 PRICE PER GAL $4.60 $0.00 $4.55 5. TRACTOR HYDRAULIC FLUID SAE 10W - 55 GAL DRUM BRAND NAME ROYAL UNN TRACT FLUID SHELL DONAX TD SUPER TRAC UNIVERSAL TDH PRICE PER GAL $3.80 $4.17980 $3.70 DRUM DEPOSIT N/A NIA NIA 2 _ r ~ ~ p _ J t , r - - _ _ .fir-... _..s • µ .c =•L:-r - _ _ _ _ _ _ lc Sri-' s4:_ _ 1 _ 6. TRACTOR HYDRAULIC FLUID SAE 10W-55 GAL DRUM BRAND NAME ROYAL UNIV TRACT FLUID SHELL DONAX TD SUPER TRAC UNIVERSAL TDH PRICE PER GAL $4.20 $5.3040 $4.00 DES6RIPOW, 'f''"'' YTBR~{1C0-'M RKE~TIN : TJMM0.N '.•SO1L ' 7. TRANSMISSION FLUID DIRECT DRIVE 30W BRAND NAME ROYAL TO-4DIR DR 30WT TRANS FL SHELL DONAX TC 30W CHEV DRIVE TRAIN FLUID HD 30 PRICE PER GAL $4.52 $524727 $5.93 • • • • i ~ d4'a • rhF ILL ` +~er 8. UNIVERSAL GEAR LUBRICANT SAE 85-14OW GI-5 BRAND NAME ROYAL MULTI GEAR SEL EP GL5 SHELL SPIRAX EP 85W140 SUPER S GI-5 85W140 G.O. PRICE PER GAL $0.59 $0.64045 $0.58 DRUM DEPOSIT NIA NIA N/A 9. UNIVERSAL GEAR LUBRICANT SAE 85.140W GL5 BRAND NAME ROYAL MULTI GEAR SEL EP GL5 SHELL SPIRAX EP 85W140 SUPER S GL5 85W140 G.O. PRICE PER PAIL $24.90 $28.71 $22.40 10. AUTOMATIC TRANS FLUID DEXTRON IIIIMERCON ATF BRAND NAME ROYAL DEXRON 111IMERCON FORMULA SHELL DEXTRON III PINNACLE MP ATF DEXILL MERCON PRICE PER GAL $3.99 $4.92127 $3.80 DRUM DEPOSIT NIA NIA WA _ _ 1~'; .:=.•',y dom. ~.an.~~ '~,i 9•-.. ~ - _Il "fir-.I 2r.f...~-^ti e17°N P.~. 11. AUTOMATIC TRANS FLUID 12 QUARTS PER CASE BRAND NAME ROYAL DEXRON IIIIMERCON FORMULA SHELL DEXTRON III SUPER S DEXRON/MER CASE PRICE $15.98 $18.10 $13.50 12. MULTIPURPOSE GREASE CARTRIDGE TUBE BRAND NAME ROYAL 98 LITHIUM COMPLEX EP#2 - MYSTIK JT-6 HI TEMP GRSE OUNCES PER TUBE 14 14 14 TUBES PER CASE 50 30 10 PRICE PER CASE $7185 $1.44 PER TUBE $32.67 $1.09 PER TUBE $16.63 $1.66 PER TUBE - :~1~ ="ti^ ri. iL_,.-n _ _ -~Ii 1.: ~~Y •'i"J:lai.r+ l. ~:~iij J-:v`1_-~`_: :~_?Fn S.~^1..._ ' _ _ .J~: wJ~. - RECOMMENDATION: TIMMON'S OIL COURT APPROVAL: DATE APPROVED: rr,.~ ( : ;i. ; , Kd i , ~ . Y . . ~ ~ jj r° ~ n V ~ _ i i .S e S _ j.ni3, ~ ~„'1'j''•~ . ..w~ s'• -1, f," y [ _ ct' ~ '~i;-~ tn' ~ li!Sr~. ~ !`t } a ` - _ ! y y. 5,,!`' 5 .l .j `~.y ,,,i= S, ~ 4 - n .St(- + t ~ .1 ,~I 1. r~ L• •1• ru.:: 1 . fl. ,.:.1 i t t *~~yy f _ S ` f ~ J~' }.4•`!.T`4 r• .<e.~r V7"+[•'^.. ;t`~= ~ . ` i.-5,i§a, ~:,-'a :.y.~•t C t l' j•,,i' r > s • V"~y ~~,.,;y'`.`. ~ - 'sir; # J`~: L~ 1~ ~ r ' `1 ` a L y r y 7 - ' K, 7 _ lllf~ ~ yy _ [ ? l • . _ , •~T y)[ c1- . . - ' j _ ~ 1 ,:,i s' ~ 1.. ,x_'.~-.[-_ ~.tln Y a ~_ypr~ ~i LOADED & LOADED & PLANT BIDDERS HAULED HAULED LOCATION NET TON 4000 TONS Sr -r.l ,:i~ 'i s. RiµX~-'+ ',L` >r 3[ ti"~s=X'~lai•`;.ri ~ t i ) ~ 1.i:tf-' :"1'` = clrj •n a', s, ~ V' f y~ n' i= ` ~ r..~' •yl_ ,.-a ?'w ~ a, C jk : : ~a~ :.i i f [:iir ~ - q r •t .H1• s! _ Mi.-- Jf ,f^]3 s ~ G_' attr-M~ • . . U. ~ uT, u.•lul. A21[ ~ 1 f AUSTIN, TX TEXAS CRUSHED STONE CODE 066 $ 15.15 $ 60,600.00 Round Rock, TX ~ a, 1• - x1 ~ ~i7t`-~ 4. T ...a~i.F r_ ~..s..fa5, s:a ' .C;rs;-'~:'~`xti' iji~s;~. :t7.. - '1:.~, ;::~'';F(s::p js«,~•} ~i• "-:-°_~iw7...,-.F~^s.. Ha ~1'Ft',.'y.',"3:tz~~gr. ,~~{•,rry;`S tltM NEW BRAUNFELS, TX Bart Road ITEM 421 GRADE 2PRODUCT #121 $ 15.55 $ 62,200.00 Brazos Co., TX - i,. ,,,-i• ,:1 ` f>,'•' 5 •h_ _ :ti. :7 ~7 777' v 7 7 7-7, c: . : ..2M:: : r s_ - - 6 WACO, TX McLen. Cross. Rd. ITEM 421 GRADE 2 AGGREGATE $ 18.00 $ 72,000.00 Waco, TX t .G+.cru[ - t -LI ~ ,`•1,1~ r= 77", ~YL:..n! .ti'v' ..r T~,T~3;•1. + .1."; Y!.'_..ti.::.l1 BRYAN, TX 1 1/2" AGGREGATE $ 15.25 $ 61,000.00 Bryan, TX RECOMMENDATION: PRIMARY VENDOR- AUSTIN CRUSHED STONE SECONDARY VENDOR - YOUNG CONTRACTORS COURT APPROVAL: APPROVAL DATE: u • C7 LIL9A QN ~Q03` • • - Rl[TTA B ^ ' y~ - . ; • - - - - I ~ f "R , ; 5 1 ~ ~ ~ " ' - ' ; . ~ •i ~ ~ i4F ~.y,~7 Q , ~ep(~Y:~pj /~i 5 T1 yl~w•,~ p~~Y~'e'7~.Y~F~41~'!S~Yn~ "1 • r' '1,~~~PYEE~tl~Vi I[' 'i , _ . 1 F ! j - t ~ ri'ss 7 ' i: [ f j , . 1 a u : _ A . :ii 1:- - ' :R, i*:i>re,•cL{~ a" :.W s. ' " T TYPE OF EQUIPMENT CARRUTH-DOCGETT MUSTANG RENTAL R.B. EVERETT 11.77 -77 i Jy....,. 1~ ' 7! h' • rP.SC ^,1 - .t-.' _ '3~_ - .~'.l~l . s4 ~..Silli•i4'11~.].=.`ar3,~~i •1 MAKE/MODEL NO BID CATERPILLAR 416C - 74 HP NO BID MONTHLY $ 1200.00 WEEKLY $ 500.00 DAILY $ 175.00 FREIGHT $ - MAKE/MODEL NO BID CATERPILLAR D3C - 70 HP NO BID MONTHLY $ 1,950.00 WEEKLY $ 750.00 DAILY $ 230 00 FREIGHT S C WL'ER-.r-?PE'; u ~ w ' 's y ; ' = ita:^ t _ .''r_ , 1. " ` ' • ` " ' ~ j-~= : a 5 e•e 9` ' . ~ p, • _i" 1 b~Rn ~u_ - i ~ l._>. i•_i< J I ' .'n= ' d€.'• ~ l- s lc~l~. ` MAKEIMODEL NO BID CATERPILLAR D4C -60 HP DAEWOO D080 MONTHLY $ 2,300.00 $ 2,160.00 WEEKLY $ 775.00 $ 72000 DAILY $ 250.00 $ 240.00 FREIGHT $ $225 EACH WAY W~ ~,p~ Pl~C,1~~PET,; - 'r t' , :y,7 • - < . e a r ~ .,,=r. F •.r.,> f. ~ - • , ;•4a , ~ 40 •:'h~~ L _ ;_:i ~ _.R4;r,~' it i~:~a .<}fr •I ~ _ ':F t! ~>„'•51$SSitLGtil'•,ia .v~ r i•1~a. ~~.y~ iry.~::~; 'aT'3 .s.'i,C,. ..~Z:♦S ~1~` III MAKE/MODEL NO BID CATERPILLAR D6MXL -140 HP NO BID MONTHLY $ 4,87500 WEEKLY $ 1,830.00 DAILY $ 610.00 FREIGHT $ - 1 T,; • ' _a y: :`r`• ~1 ¢;fir Sp `'i 1 •.S_, ; } c ti MAKE/MODEL NO BID CATERPILLAR 613C -11 YDS NO BID MONTHLY $ 6,30000 WEEKLY $ $100.00 DAILY $ 700.00 FREIGHT $ Ei~l'`~';{71rd~BlG. :¢f I` - ',i~,4;,°•..•l,:Is.,,..:,r~~~~~ ':-,r.:a• 't)'' li lli f''a• '"Y)•l ~.'ST'.I.r .HC~wa...:.~4(+.i-r,~+( ~-1 • - ~y~~ ;1".'..' _~•.h~,"~•u _i H . . 1~~ - , a 1, [ , ~ . 1~~ 1.: MAKEMODEL NO BID NO BID NO BID MONTHLY WEEKLY DAILY FREIGHT RCU BI R(:~ 1,a ' • MAKE/MODEL NO BID NO BID NO BID r MONTHLY WEEKLY D ,FREIGHT _ ' v. ' q bo yg Y64 p ti 2., • T a` : - 4 e ,5,. 1~ kct+ ; ti•,Z i"` i , MAKEIMODEL NO BID CATERPILLAR D6MLGP -140 HP NO BID MONTHLY S 5,700.00 WEEKLY S 1,950.00 DAILY $ 675 OD FREIGHT $ DISC-PLOWS,'3¢NpjC~~- ? L•; = ' g OFSET r I , / MAKE/MODEL NO BID ROME 1B X 32 NO BID MONTHLY $ 1,350.00 WEEKLY $ 450.00 DAILY $ 15000 FREIGHT $ - 5 0 TYPE OF EQUIPMENT CARRUTH-DOGGETT MUSTANG RENTAL R.B. EVERETT 4 MAKE/MODEL NO BID NO BID NO BID MONTHLY WEEKLY DAILY FREIGHT ~ ` - , . , ' , , ' : = ~ , ~~t gyp; tt~r' ~e ,,2 ~ • : - ' ' - F , I - _ , _ _ ,,i• r : ~,,:a V _ ~ , MAKEIMODEL NO BID CAT 924F- 2YD NO BID MONTHLY f 2,40000 WEEKLY $ 850.00 DAILY $ 300.00 FREIGHT $ - = ! ~ pp,•~g , n y.~.. >t , t..l ~q, ~ 'f.''~' i•: . f:..yy..` ,,1.'1.1 s • .•,Y. _ i ~ Y ~ i~ ' i r4 1 i~'iJa,i..-• t^'~ 3 'i Sr`L'-r(= `-w • ~ 5:' • r.-ari . , .i wt c`, • . tiR p7 j, c ~HF't.~' ; R ^ I v- . 7P'Y'1 ` 1 ~f •'Tt fit- t i " t- ` ~v 4=l,i i,i'.L, ' ~.1:~ 2 , t ~Y; ' ' ~ _-•,:~•:-S.' ~a. V: MAKFJMODEL NO BID CAT PS 150 B-14 TON-9WHEEL 15 TON AP 1127 MONTHLY $ 2,000 00 $ 1,600.00 WEEKLY $ 680.00 $ 54000 DAILY $ 230.00 S 185.00 FREIGHT $ $226 EACH WAY '14 p .-«S l.Y-.~1•','. ' ;~•V~w-`~^!v vSLi.~~~ r4~•'•,i,"~.-~,J','ll y~l`fw~f. `_I~~L :h:a<~~~f.t > ,w ':r 'l~;i g~ijr~t s~}:,+qr. ~y RF 1. wn'Int~, lr,Ya"i', r J + y' i ~ ' ~4 L J cm,; "iJl ,F= i~'•~eit^c~' ~s'tk i~ i: 7•+`-^"o fll' yy of t.z..11N }itrT ~ ~'t i~.. ;~'s",`b%(n .N rin l ~ r r = ` t ~ , v.., ,j . u;• 0} l.. A - I ~;r •t •.f,.. -a,lc, _cst v, ,a i.r d'.:.%:a i:a • 1 >.:~t t-• _ , 7 , i ' t .S ,<:.•~'L' c+Ytiitl!-a~I: r`F a'lf~ ~Y GFL, MAKEIMODEL NO BID CATERPILLAR CP 563.84• PADS . SUPERPAC 8410P MONTHLY $ 3,600.00 $ 3,240.00 WEEKLY S 1,200.00 $ 1,080 DO DAILY $ 400.00 $ 36000 FREIGHT $ - $225 EACH WAY LOCOMP , R," ~ l Y• ' q 'i-'=,)S~, SiT 4~•_i~°`'.. i•'- t .,l ,..i Y.t L) f ~t~ _"..4i~. C , .1 , • - " H,':. r.,.. 4 : ~ • ' r ..r ~~yy y ~ . : ^'•i,h " ~ '.I f:~~tj.~l" . t;r = 1 jii ..fv, 1 i'n-' k 'f.: ^ li ' _ 1~'~~ riy:h ; i 'G 1..:.7":yam; N: '.:~1( ik 1. i ,iy~ ,i ,F. ' , • ~ $,.xt 1 lc , ,II; L:.r't,``~st` ~±t ~f='~ I }iz , l % ~ 'N,`:..r i 41i1 N-[ ,.I i ~ ~ix S • ` ~~i ' t+ rJj .w L . ' Tr k =•~~i; r fi r•4 . n I ll i ? _ 1 t3F ~ ~ ~ _s -~j ~rc r3.= ( " MAKEIMODEL NO BID CAT CS 553-84' SMOOTH SUPERPAC 8410 MONTHLY $ 3,400 00 $ 3,06000 WEEKLY $ 1,150.00 $ 1,02000 DAILY $ 400.00 $ 34000 FREIGHT $ - $225 EACH WAY mom . ~ • ' ~ . ,'Y~.r~i,. -er •t,K Ti~• c'en ; a••I-`-1,'lYI,~ AP"', +_-i~in ;at~tt • ~i.. C-ai , Xr _r_I;'~ T.. ~V,' r~. VI - MAKE MODEL NO BID NO BID CMT R$326 MONTHLY S 12,000 00 WEEKLY $ 4,000.00 DAILY $ 2,00000 FREIGHT $225 EACH WAY p MAKE/MODEL NO BID CAT SS250 PULVERMDCER NO BID MONTHLY $ 7,495.00 WEEKLY $ 2,50000 DAILY $ 835.00 FREIGHT "Y rT%F.y_ vi-t~ "~'u`.;}y is7V:; jt~':~'tYS_~r?r'f i' ' ~ ,l • `.tf~;--jr 'I•(ky .cn ,.~4,F u. e5:' + ' i.,;{: 't'r-, r: '%"t~~. ~-t c,.,.,: t; S~ r :173 ma~1yy 2000 L . r 4 v'f?r ~'f ;i3 n x i d ' 'as _ ~~•i ' - ' ' ~ r i.I It , « i - - t ` ` +.K,~ , ~ : d wst, k l~ ~ ii ~p . ,P, .dt. .j-;, _ - Vic t € i_.;, ,.i s u MAKE/MODEL NO BID KODIAK 2000 G-PWR SPRAY SYS NO BID MONTHLY $ 2,200.00 WEEKLY $ 750.00 DAILY $ 250.00 FREIGHT $ 18 111{,TTOR Ss _ 35 wP; - f 7~ • l . -,77 MAKE/MODEL NO BID CATERPILLAR 135H-135 HP . CHAMPION 710 A MONTHLY $ 4.100.00 $ 3,900 00 WEEKLY $ 1.40000 $ 1,30000 DAILY $ 500.00 $ 43500 FREIGHT $ $225 EACH WAY ,TpF EXQ 3: l19 Y/1iiD • S MAKE/MODEL NO BID CATERPILLAR 32005000 LBS DAEWOO S-2201INK BLT 210LX MONTHLY $ 3,600.00 $ 3,68000 WEEKLY $ 1,400.00 $ 1,230.00 DAILY S 450.00 $ 410.00 FREIGHT i s $225 EACH WAY u • TYPE OF EQUIPMENT CARRUTH-DOGGEIT MUSTANG RENTAL R.B. EVERETT ' S _ -EtL~ ,rit;.~ Z,a g„ r •s ;"x" • i ,i. ,_i, r "••_e,,~. , - , „ ; • L,~ ri IQ~.*,~ M.-, r~,-~;_. "1," rn ~r rr K..:.. ,..L.iS~=-L. ~,z ~a,, _-ti--,:, ;.r5;•= i _ gc,• ~ - MAKEIMODEL NO BID BROCE RJ 350 - MAXI SWEEP BROCE RJ 350 MONTHLY S 1.40000 S 1,820.00 WEEKLY 4 50000 $ 540.00 DAILY $ 18000 $ 180.00 FREIGHT S $225 EACH WAY _ 9~~.e - - , -.gFr,NC$ :;,v`• cry 1..' , • ~ { --g y.~r-a ' ' Y ,4 ~Er_'[:• r - ~y TW~,i ~_c• _1 ~ t , / - rr •Y.x;•t.. J,~ : .^•Y ! :v..-. .a ar. -x'. r •'~.'j MAKE/MODEL NO BID MULTIQUIP 75HS NO BID MONTHLY $ 40000 WEEKLY $ 16000 DAILY $ 50.00 FREIGHT $ - Rl- MAKE/MODEL NO BID CAT D6D W/RAKE NO BID MONTHLY $ 5,35000 WEEKLY $ 1,790.00 DAILY $ 600.00 FREIGHT S ` .i, _ _<<, t(,^a~fH.. r{'~~ -,t; - ' y ` _ "'-h13 FSe~"LyCi?'~,~^_-- ; ~ d µ ~•L,:':~.• e, ,t`~. ~ am, >n!, ' . v3i ..1-t!~. ! ~v , . 7;. . .(t r• { 1.1 1 .1.;,, ii•'r'nitl , f'{: . ..LA. 1 r> -z .1y. 4 ' :ai _ lf...l. ..vis 1 ...Y.t }'"!~t .L, -4t' _ n~' x~ x: fr "1 + 1~....- l c L c'r~:":f~.1~1'~. , MAKEIMODEL NO BID RAMMAX 24133 WALK BEHIND NO BID MONTHLY $ 1,275.00 WEEKLY $ 450.00 DAILY $ 186.00 FREIGHT _ $ ,r _ REMO`A - 3 `'ly'Y, i%_, :i• .tis <!t. ~'~4Z::: `.,ty _ ;f:. 't, i-, ' c MAKE/MODEL NO BID RAMMAX 24/33 REMOTE NO BID MONTHLY $ 1,50000 WEEKLY S 50000 DAILY $ 185 00 FREIGHT $ - R P. RES R r /°i,f'}- t' rx., c;<er a u,.M1.a„e 'L '1 p - uf.' _ -;f; ~ t ` r• dtt Y 3.: rt ;n: ` lk~.,-4 ` l . 't.L tiesL.r 1.-y ~,o :M.~ ,3 f ,J~1M - ( •t i i . ( : kit z. tq,.. S r5r7'= =.A' • ~I=rit.. 'i , •f + -ir2: ' 1:~-, v, ha'_ - ~`1~ • , r.-.; S.,`G:, r•t.t fir' i~ MAKEIMODEL NO BID NG RAND/ATLAS COPCO 185CFM NO BID MONTHLY $ 630.00 WEEKLY $ 210.00 DAILY $ 70.00 FREIGHT $ - rc t ~»;.,L` -`t' '1 ~~5: i5t . ~ tff%,4 Y11 - -n2r.:° tr. ~ i"I: 1 yi r 1 ii ` ' ~e' • ~ - t,,:.~ ff e"v ~.h r 1 U•'?: .-i i: ' 1' ~ :'C~` Aete'.• tj,ex..,%',~-~•.f "F. ,~.t i ~ ~ t- e'i '~g. i'~"-~GHTyC.~~:`~~ . . • ^ i ~ 1. ' --rig 4~: , ; ~ . . -'.:c: n a r ,;~,:~,'?.Gt.;- _x;:.i~:' PER ROUND TRIP NO BID NO CHG TO YD $ 22500 '12 i ~ i 'r .,t' ` ' ,p _ •,a:6' ~ 4is.t ::r, i• C r ;t. .a,.` :P• ..a!. -..-+t APPROXIMATE DAYS NO BID 13 DAYS 2.3 DAYS 1 ADD ~ 3r 1., ` •-y I L' ' - w_..„_ 1,' „'r ~ . 't~,''_ , ,+t.r r.~-_•_ •;n,1 w w Y/?+ r_y IVEARESYB _ ty K:v rv•n i ~,.7 _ s rr'•Sr r%; •t~: t-L %~:f=t i.5 i`,:Yr^7.•":'.~=a~•: ~ i,t 1 ii i I y `I f;'•G` .~`.~sfi MUSTANG RENTAL SVCS R.B. EVERETT & COMPANY 1275 N. HARVEY MITCHELL PKW` 8211 RED BLUFF ROAD BRYAN, TEXAS 77807 PASADENA, TX 77507 RECOMMENDATION PRIMARY - MUSTANG RENTAL SECONDARY - R.B. EVERETT COURT APPROVAL: APPROVAL DATE: a " r ` •c , ' eC 1 - ` y7'' .a i a ~ ' 1r ' 1 ' rS=„ t. ~'i.- .L ~ ] ~ew r ~~FFFr - T' ( i' ~ f r~~~ G; 3~• r i •Ii o , Y_, ~ In c, _ ' ~ ~•;Y~ tw F_.ia .~G~c~~~~./i{-~ c i •5 ~.5'. `l rt"^~J,~i 7® i , w~..r tY",r -i 2.y'r .f . i:' 1 i - i ` ~ i t ` 3,:ri"rt „ii ;F,, -'j.7o- lr S. y _ 5.• b.3 r. l,E 3 S _ Z .I ~ _ r r. - ~ ~ , . , . y ~ DESCRIPTION TEXCON YOUNG CONTRACTORS 1 CRAWLER-TYPE TRACTOR: MIN 140 HP MAKE & MODELIPER HOUR CAT D-0440.00 CAT D6DIW.00 MAKE & MODELIPER HOUR CAT D-61-11558.00 CAT D6M/$58.00 MAKE & MODELIPER HOUR CAT D-7G1$65.00 MAKE & MODELIPER HOUR CAT D-71-11$80.00 CAT D71-11570.00 2 CRAWLER-TYPE TRACTOR: MIN 64 HP MAKE & MODELIPER HOUR CAT D4CI$38.00 CAT D-4!$40 00 MAKE & MODELIPER HOUR CAT D4HI$45.00 CAT D-31$40.00 3 CRAWLER-TYPE LOADERMIN 80 HP,1-112 YD BUCKET MAKE & MODELIPER HOUR CAT 9531$35.00 C 4 WHEELED -TYPE LOADER, MIN 80 HP,1-112 YD BUCKET MAKE & MODEL/PER HOUR CAT 930!530.00 MAKE & MODELIPER HOUR CAT IT-241$45.00 MAKE & MODELIPER HOUR CAT 9501$70.00 CAT 9501$50.00 5 SKID STEER LOADER (BOBCAT);MINIMUM 58 HP MAKE & MODELIPER HOUR BOBCAT 7311$25.00 CASE OR JCB437.00 6 SCRAPER; MINIMUM 13 CUBIC YARDS MAKE & MODELIPER HOUR CAT 6131$48.00 CAT 6131$61.50 MAKE & MODELIPER HOUR CAT 6151$49.00 CAT 6151$81.50 7 WATER TRUCK MAKE & MODELIPER HOUR SEVERAU$25.00 VARIOUS/$37.00' 8 MOTOR GRADER; MINIMUM 135 HP MAKE & MODELIPER HOUR CAT 12GI$39.00 CAT 12G1$48.00 MAKE & MODELMER HOUR CAT 1401$45.00 CAT 140GI$65.00 9 COMPACTOR ROLLER-PADFOOT, MINIMUM 108 HP MAKE & MODELIPER HOUR mom SEVERAL1540.00 CP5631$41.00 '4000 GALLON WATER TRUCK • • • 10 COMPACTOR ROLLER-SMOOTH WHEEL;MINIMUM 108 HP MAKE & MODEL/PER HOUR SEVERAU$40.00 CS 5631$39.00 11 COMPACTOR ROLLER - PNEUMATIC TIRE;MIN 12 TON MAKE & MODEUPER HOUR SEVERAU$29.00 SEVERAL/$29.00 12 BACKHOE; MINIMUM 65 HP MAKE & MODELPER HOUR SEVERAU$29.00 JCB 2141$31.00 13 BACKHOE; MINIMUM 65 HP WMYDRAULIC HAMMER MAKE & MODEUPER HOUR CASE 580/$45.00 JCB2141$50.00 14 EXCAVATOR-TRACKHOE; MINIMUM 250 HP MAKE & MODEUPER HOUR JD 6901$60.00 CAT 3121$71.00 MAKE & MODEUPER HOUR CAT 320/$65.00 CAT 320/$60.00 MAKE & MODEUPER HOUR CAT 330/$85.00 15 PULVER MIXER - SELF-PROPELLED MAKE & MODEL/PER HOUR SS 2501$75.00 SS 250/$76.00 MAKE & MODEUPER HOUR CMI RS-425/$120.00 16 MECHANICAL BROOM - SELF PROPELLED MAKE & MODEUPER HOUR BROCE/$20.00 BROCE RC 300/$22.00 17 DUMP TRUCK -15 CUBIC YARD MAKE & MODEUPER HOUR SEVERAU$39.00 VARIOUS/$47.00 18 DUMP TRUCK- 22 CUBIC YARD MAKE & MODEUPER HOUR SEVERAL/W.00 VARIOUS452.00 719 F LAG MA N AND/OR LABORERS 7 R HOUR $12 75 $13.00 20 DELIVERY CHARGES m PER LOADED MILE 11 1 1110.1 Mill '11,11 1 11 111 NIC im .11 is, $2.00 21 DELIVERY CAN BE MADE WITHIN -CONSECUTIVE DAYS AFTER RECEIVING ORDER 2 2 23 MINIMUM RENTAL TIME-EQUIPMENT & OPERATOR NONE 4 HR MINIMUM IN 11, ''IN 11' jill 24 RESPONSE TIME FOR EMERGENCIES 24 HOURS SAMF DAY RECOMMENDATION: Primary Vendor- Texoon Secondary Vendor - Young Contractors COURT APPROVAL: AWARD DATE: 0 BRAZOS COUNTY COMMISSIONERS COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: November 26, 2002 ITEM: Consider and take action on the New Public Highway Crossing Agreement between Brazos County and Union Pacific Railroad Company covering the proposed construction of the new Lometa Lane at::grrade public road crossing, Millican. Brazos County. Texas. Site is located in Precinct 1. SOURCE OF FUNDS: N/A NOTEWEXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES SUBMITTED BY: APPROVED Richard F. Vance, P.E. Co lion ny Jones County Engineer Precinct 1 0002-108 This Request is Approved M"/ Denied ❑ by Commissioners Court Date: ./I- Alvin W. Jones, County Judge • Folder No.: 2098-20 NEW PUBLIC HIGHWAY CROSSING AGREEMENT BETWEEN • BRAZOS COUNTY AND UNION PACIFIC RAILROAD COMPANY COVERING THE PROPOSED CONSTRUCTION OF THE NEW LOMETA LANE AT-GRADE PUBLIC ROAD CROSSING AT OR NEAR • MILLICAN, BRAZOS COUNTY, TEXAS Railroad Original 0 Form Approved, AVP-Lsw Agreement Number NEW PUBLIC HIGHWAY CROSSING AGREEMENT Lometa Lane Mile Post 53.85 - Navasota Subdivision Millican, Brazos County, Texas THIS AGREEMENT is made and entered into as of the day of .20Q._, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation to be addressed at Real Estate Department, 1800 Farnam Street, Omaha, Nebraska 68102 (the "Railroad") and (the) BRAZOS COUNTY, a political subdivision of the State of Texas to be addressed at 2617 Highway 21 West, Bryan, TX 77803 (the -Political Body`), i The Political Body desires to undertake as its project the removal and barricade of the existing Roberts Road at-grade public road crossing and the construction and maintenance of the new Lometa Lane at-grade public road crossing (hereinafter the "Project"). The Political Body desires the right to use for the Project that portion of the right-of-way of the Railroad located in Millican, Brazos County, Texas at Mile Post 53.85 on Railroad's Navasota Subdivision (the "Crossing Area") shown on the prints, marked Exhibit A attached hereto and hereby made a part hereof. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE 1- RAILROAD GRANTS RIGHT For and in consideration of the Political Body's agreement to perform and abide by the terms of this Agreement, including Exhibits A, B, B-1 and C, attached hereto and hereby made a part hereof, the Railroad hereby grain to the Political Body, the right to establish, construct, maintain, repair, renew, and use a public highway at grade over and across the Crossing Area, together with the right of entry to control and remove from the Railroad's right-of-way - on each side of the Crossing Area, the weeds and vegetation which may obstruct the view of motorists approaching the Crossing Area to any trains that may also be approaching the Crossing Area. ARTICLE 2 - CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. If the Political Body will be hiring a contractor or contractors to perform any work involving the Project (including initial construction and any subsequent relocation or maintenance and repair work), the Political Body shall require its contractor(s) to Q) execute the Railroad's then current Contractor's Right of Entry Agreement; (ii) obtain the insurance coverage described inExhibit B-1 hereto attached; and (iii) provide the insurance policies, certificates, binders and/or endorsements to Railroad that are required in Exhibit B-1 before allowing any of its contractor(s) and their respective subcontractors to commence any work in the Grossing Area or on any other Railroad property- B. The Political Body acknowledges receipt of a copy of Railroad's current Contractor's Right of Hrtry 2''20 B, Co kd IAII. rx Page I revised November 5, 2002 Larrm Lmc ...o... - _~...a Ur Ac4i Llb"Lc rVIuCK 111u.. cvyo-[V • Fours Approved, AVP-Law Agreement, attached hereto as Exhibit D and hereby made a part hereof, and confirms that it will inform its contractor(s) that it/they and their subcontractors are required to execute such form of agreement before commencing any work on any Railroad property. Under no circumstances will Political Body's contractor(s) or any subcontractors be allowed on to Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Union Pacific Railroad Company Real Estate Department 1800 Farnam Street Omaha, NE 68102 ATM: Director Contracts UP Real Estate Folder No. 2098-20 D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to Railroad's prior review and approval. • ARTICLE 3 - FEDERAL AID POLICY GUIDE If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CPR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. ARTICLE 4 - WORK TO BE PERFORMED BY RAILROAD A. The work to be performed by Railroad, at Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimate dated June 11, 2002, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As noted in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is FOURTY-EIGHT THOUSAND SIX HUNDRED SMW-SM DOLLARS ($48,666.00). B. The Political Body acknowledges that the Estimate does not include any estimate of fligging or other protective service costs that are to be paid by the Political Body or its contractor(s) in connection with flagging or other protective services provided by Railroad employees in connection with the Project. All of such costs incurred by Railroad are to be paid by the Political Body or its contractors as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Political Body's contractors directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any of its contractor(s) within thirty (30) days of contractor's receipt of billing. • C. If the Estimate provides for the Railroad to install public crossing warning signals and/or gates, the Railroad, at its cost and expense, shall maintain and repair such warning devices; PROVIDED, HOWEVER, that such maintenance and repair shall not negate the Railroad's eligibility for any federal, state, local, or other public funds that may become available for the maintenance and repair of such warning devices and PROVIDED, FURTHER, that the cost of repair or replacement resulting from damage caused by the general public that is not recovered by the Railroad from the person or entity causing such damage shall be borne entirely by the Political Body. D. The Political Body agrees to reimburse the Railroad for one hundred percent (100%) of all actual costs, which are estimated on Exhibit C. incurred by Railroad in connection with the Project including, but not limited to, actual costs of procurement of materials, manpower and deliveries to the job site and the Railroad's normal and customary additives associated therewith. 2"&20 Bra= Co a M-MCM TX Page 2 revised November 5, 2002 Lonvu Um 9 . ...b....-~ ......-...o va 4%a -u a u,uc1 ,vu.. tv7o-LV Form Approved, AVP-Law ARTICLE 5 - EFFECTIVE DATE; TERM This Agreement shall become effective as of the date fast herein written, or the date work commences on the Project, whichever is earlier, and shall continue in full force and effect until terminated as provided in this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed mduplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By Director Contacts ATTEST: BRAZOS COUNTY By~ l a1K(Seel) Pursuant to ResolutigttlOrder No. dated: V9 , 200 hereto attached. L4" -o~ co®M,n,oo rx page; revised November 5, 2002 kt~t • BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: November 26. 2002 ITEM. Request from Verizon to construct road bore for cable installation in the right of way of Golden Mist/Rainbow Acres at its intersection with Pate Road. Site is located in Precinct 3. SOURCE OF FUNDS: N/A • REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: c,~ Richard F. Vance, P.E. • County Engineer 0002-109 APPROVED BY: 7 Commission Charles B. Jones Precinct 3 Approved 01 Denied ❑ by Commissioners' Court Date: - 24 - oz Alvin . Jones, Co Judge 0 VERIZON COMMUNICATION Notice of Line Installation November 14, 2002 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Verizon Communications will make a 50' bore underneath Golden Mist Road at the intersectin of Pate Road and Golden Mist Road. The minimum depth of this bore will be 36 inches. We will place a 1.25 inch diameter cable through this bore to a pedestal marked L147/Pd 4 at this intersection. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordanoe with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right rW*Smnted by law or may be granted in the future and any provision or provisioftl; so construed shall be null and void. Construction of this line will begin on or after November 18, 2002. RIZON COMMUNICATIONS 5413-3P002DA q,, J n Arnold Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 o2AA w.t%%X)9,K ~ "M l • O"K C C57A 'yby W CUf o ~ Q g 4pE E O 4 r Z 0 ¢ ° • $ ~ ti < ~ ~ < ; aON T ~bgrry ~ "1 m y A D V E R T 1 S I N G (903)729.5663 ° rAXp0317314210 ISO www ehamberbuiMn mm an7E0M 1orOGS MRAiS/YV y1O 800-382-3624 Thu map has beoo pmpved from the t^o4elubk mfonnmm~ a•atlable fmtn'we and 1x 1 aour"x Any atota* omisnotn bnonN to ort anenlma wo1 be apptoeuded ud wlI wed m subsequent eda,onc Copyn&02001 by Wtdutdaonz".be.ow a4" Pubhshina Reptoduaeoo Gi C( wdbout pets nown of dte publtshe N atiolauon of federal law 1y W "V s `+aY A T Cou ;r 'VOL 0 -a k, o ~;;~~446 1011 •2002276 1951 -o M•280250 125'242310 •2002276 b AKF 56-22 0100.326-375 a __-_--I •2053696 IPPI- •2853696 ro (3P8820A) M•282488 229- 2-23.10 ASP 180-24 031 1 ~M 4~ P8B1 J SEE WP• 2 I 1~1 PFO 5 •1101 1781 a- M•232202 156'2423.10 AEF 200-22 .1101- PEO 03180.301.408 5-2X x00,101-118 C31B&-II.428 I M' 2 2 1 26 tx00.126.158H5> y~ 0) 7 i F 03100 1-100 25 r j 42110 PEE) 3 I •1079 1781 -e I '1079 b N•232280 220' 2423.10 AEF 100-22 301 03100. 0 51 -100 [31 08 .51-100 'f\ ~ ' 16 P.U.E. I WARNING w TO KININI { IK RW O' $EftIQ 0[UR0-TKRKTITItT ORMYYO TRoI morm11S1OT C"T. S01L0 CIE I.INITED TO THE RNp cma YIIm11 lyf. OILIe TA4laaxfil0l GPfOIi 014l T!-ISO H mm fq ON 7 cmvs p" 141r. TOM Simi" off WON. ON raimV Lei[ 01[from Oxl 1 Kq[V moon". wC[[Wliff L RMTE I IOSTTIUD i NZU 110 USE" p INCIT IN 1 -it I FLED A R01 mu ACtltttf KfOAt) 4. m I "m • FWMS 1O• fit RIM[ S TMT[ THE USERS KIN 10TIFR0 d tRe OMfs7 CIU L -'a I memo TO 16 If THE 1Y0 SOLD K KMOIKo 00" Le v000lri 7. m I -W A mil ms or 06=11mi cft tt L m 1 COW M0 TO CALL IN CME Of m 0010!? i -M I cowullf 1 cm fgFOM Le %*K COWULT Me 'LF4•I mgmato No To ~ MPLETE OE 400 SM[LLIK qe/TxtT1, OA f[[L LMT TOR C11MT CO (STOP )m 107 fAtpm 11E im1 CALL Tax Som" 01 IMeWI1TT" 69' R.O.Q. GOLDEN MIST RO M•232225 1 I PED , 372. 2427.10 -----0__ L-149_ •2002280 1951 a ASE 5• _ -tl'2 i88--------~- T U- X31.. - I S x00.16-17 PEO 2 63000.32g•]2>i____0_____________ 88 860'2423 10 AKF MG-22 22 - 100 C3100.319.325 X00.1.15 1%0 1(7) P ) 5 <P x13 9-5 4 2110 D.2 0 0 0 I 0 B x 0 6 B LLI 1 a ' ' a •1080 178, I N•232200 377.242110 1 AEF 100-22 IX 1-151[6> NOTES TO SPLICERS 710-]2 2 *DENOTES RIPPLES ASSOCIATED C"x'-15 [108.22 xn1LL7, 38 5 WITH THIS WORK ORDER ONLY. xM_7,s NOTE SPECIAL CKT PRINTOUT. WORK SAFELY C3tft74'74 I C7t878.100 NOTE AREA- OBSERVE ALL SAFETY RULES. LOCATE ALL BURIED TELEPHONE CABLES AND UTILITIES. PLACE 100 PAIR CABLE ALONG PATE RD 2 FEET INSIDE 16' P.U.E. Rnac rnl ncnl MrCT ton 1 I 1 1 I I •1150 180 a-- M•232425 1774- 2423 10 AEF 25.24 R------e---- Xa6-------------- 9 CJ7 7e l C.3 e9 98'00 9~ 7 ~ C j`I7 B9 CJ jT 2yy~,,~9 79 ~ R 5S ~ 9 J 8 J2 B OOR CUSTOMER 4158 RAINBOW TRAIL 1ST LN LUG84 IN PED 3 776-8210 C3100-51 2NO LN OOR 774-5538 C3100-16 VERIZON SII AREA STATE: rx ❑IVISION, SOUTHWEST ExCH., 5413 000 HEM. co., ITITLETPROV SRVC TO JANICE GAR1ERI TAX OST•U 1 - - 1 row 1 C.r 1 I.AOVff 1 GCIYT