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HomeMy WebLinkAbout2004-03-30-9:00AM-Regular BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA 1Uu4 MA# R 2b ~ 23 Y CLERK BRYAN. TEXAS .0Ef'U3Y BRAZOS COUNTY COMMISSIONERS COURT THE C D✓IMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION, ON 30 MARCH 2004 AT 9:00 A.M. IN THE COMMISSIONERS COURT OOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 1 , BRYAN, TEXAS. 1. I*ocation and Pledge of Allegiance - Judge Sims 2. CMI for citizen's input and/or concerns. aside end take action on agenda items 3 - 27 3. B aet Amendment 03/04-23.1 4. P#sonnel Change of Status. 5. R -,quest from the Personnel Department for approval to pay $500.00 to Newman Printing fe r,' scanning and indexing services of personnel records. 6. P yment of Claims. 7. A roval of Brazos County Proclamation 04-004 establishing April 2004 as National R lay for Life Month, cancer survivors' celebration of a community that takes up the fi t against cancer. 8. 9. quest by the I. T. Department to adopt a standard image as the default desktop c¢kground for all County computers (tabled on 23 March 2004). ;quest by the I. T. Department for approval of the Contract between SunGard htamation, Inc. and Brazos County. VOL 54 PAGE Commissioners Court Agenda 30 March 2004 Page 2 10. 11 12 13. 14. 15 16 17. 18. 19 20. 21 22. Plat of Dickson Run, 15.747 acres, Samuel Davidson League, A-13, Brazos y, Texas. Site is located in Precinct 1. VOL 54 PAGE .33 guest by the District Attorney's Office for approval to pay the LaSalle Hotel $474.60 lodging of out-of-town witnesses. Amount of the invoice exceeds the amount on the chase order by $114.60. of the Partnership Agreement between Brazos County and Workforce Solutions Valley Board (formerly the Brazos Valley Workforce Development Board). uest by Jail Administration for approval to renew the Preventative Maintenance and ;nded Service Agreement for the Mobile Filing/Storage System located at the Brazos ntv Detention Center. by Purchasing for approval of Delucia Mail Service's postage refund policy. by Juvenile Services for permission to purchase a Spacesaver Mobile Storage from Southwest Solutions, Inc. Southwest Solutions, Inc. is a state contract 1 of the Contract with Southwest Texas Forensic Center, Inc. as provider of services for Brazos County. of Tax Refund Applications for the following: Sallye J. Austin Roland Columbus Estate c/o James R. Camell, et.al. Mary & Israel Deleon j. Billy Mike Harris, Sr. k. Bobby & Becky Martinez of the Brazos County Health Information Privacy Policy, including: Privacy Policy Plan Document Notice of Privacy Practices roval of the Interlocal Agreement between Brazos County, the City of Bryan and the of College Station regarding access to 800 MHz Radio Communication Systems. guest by Road and Bridge for approval to set the speed limit at 30 mph for all roads in Estates of River Run Subdivision, located in Precinct 1 ial Plat of Standing Rock Ranch, 65 lots, 79.70 acres out of the Francis Quota Survey, 199 and the George W. Singleton Survey, A-51 conveyed to Roy and Floyd Abbott by )bate (Cause No. 5799 Brazos County Clerk Probate Record), Brazos County, Texas. e is located in Precinct 2. Plat of Viking Subdivision, 4.00 acres, S. D. Smith Survey, A-210, Brazos County, Site is located in Precinct 1. Commissioners Court Agenda 30 March 2004 Page 3 27 29. 30. 31. 32. 23. Fil Plat of Cornerstone Acres, 17.928 acres, Thomas M. Splane League, A-53, Brazos C unty, Texas. Site is located in Precinct 2. 24. Fi ' 1 Plat of LGL Subdivision, Lot 1, Block 1, 5.000 acres, part of a called 604.633-acre tr t recorded in volume 2093, page 21, Official Records, Brazos County, Texas. Site is to ted in Precinct 1. 25. Aroval of the Brazos County Treasurer's Report for the Month of February 2004. 26. R quest from Verizon Communications to place a UMC-1000 pole mounted pair gain d price (for cable maintenance) on the northwest corner of the intersection of Democrat R bad and Hearne Lane. Site is located in Precinct 2. S cial Warranty Deeds from the following individuals for a 70' strip of land for i ess/egress to Brazos County property off of Royder Road located in Precinct 1: a. Therma Lee Mosely b. Doris H. Wilborn c. Estherlene Williams d. Lorenzo Wilborn e. Beth Jo Hudspeth f. Dorothy Faye White 28. g. Carolyn H. Poe h. Thomas E. Wilborn i. James Simington j. Johnny Simington k. Lamarr G. Simington ion by Mike Paulus of the Brazos County Health Department regarding various efforts. of interest items and possible future agenda topics. for citizen input and/or concerns. y / Board / Committee reports by Court members. ourn. The Brazo., interpretive Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign must be made two business days before the meeting. To make arrangements, call (979) 361-4102. VOL !5>9 PAGE 34 COMMISSIONERS' COURT A regular meeting of the Commissioners' Court of Brazos nty, Texas was held in the Brazos County Commissioners rtroom in the Courthouse in Bryan, Brazos County, Texas, inning at 9:00 a.m. on Tuesday, March 30, 2004 with the Cc folllowing members of the Court present: Randy Sims, County Judge, Presiding; Eric Caldwell, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, 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. The County Judge gave the invocation and led the pledge o$ allegiance. Under citizen input/and or concerns, the following spoke: REGULAR MEETING MARCH 30, 2004 Demetrios Basdekas - congratulated Commissioner Mallard on winning the election and said that Tony Jones was one of the better Commissioners we've had. He told Commissioner Caldwell that he had run a "text book" campaign. He went on to say that on February 26, 2004, he submitted an open records request on the Kent Moore Cabinets Tax Abatement. He requested three (3) items, the original agreement that was rescinded and the new one that is signed. He submitted a new open records request for the new agreement. He has received the supplemental request but has yet to receive the original request. He is concerned as to why he still has not received request. roI 64t Page ion ' Court meeting March 30, 2004 2 He believes the County Judge's assistant is merely doing what the Judge has asked her to do. County Judge - replied that he would see that his request is answered as soon as possible. The Court next considered Budget Amendment #03/04-23.1, which would reallocate funds for the county Extension Office. On 'motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget am`ndment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Re" ests. The County Judge moved to table consideration of the Information Technology Department new hire. Commissioner Caldwell seconded the motion. Cauley moved to remove the IT item from the agenda. The County Judge asked Commissioner C ley if he wished to remove the item rather than tabling it, whereupon Commissioner Cauley responded yes. Commissioner C alley made that as an amendment to the original motion. The C linty Judge seconded the motion. The Court voted unanimously t approve the amended motion. Then on motion by County J dge, seconded by Commissioner Caldwell the Court voted unanimously to approve the remaining personnel action r Guests. The next matter before the Court was a request from the of S'f Page 3tp ion ' Court meeting March 30, 2004 3 Personnel Department for approval to pay $500.00 to Newman Printing for scanning and indexing services of personnel records. Commissioner Mallard commented that if we were going to ;continue paying for scanning then maybe the Purchasing De artment could go out for bids. On motion by Commissioner C#1ey, seconded by Commissioner Peters, the Court voted nimously to approve the request. The Court next considered the following Claims as knitted by the County Treasurer for payment: 20061371 through 20061580 On motion by Commissioner Peters, seconded by the County Ju e, the Court voted unanimously to approve the Claims as submitted. The County Judge read aloud a Proclamation 04-004 de ignating the month of April, 2004 as "Relay For Life Moth". The Court joins with the local American Cancer society to celebrate cancer survival as a community that takes up the fight against cancer. On motion by Commissioner Pe ers, seconded by Commissioner Mallard the Court moved to proclaim the month of April, 2004 as "Relay for Life" month throughout Brazos County. The County Judge then presented the signed Proclamation to Ms. Laura Ampol Hall, representing the 11Cal American Cancer Society. )l 54 Page 37 ion S' Court meeting March 30, 2004 4 The next matter before the Court was a request by the In Ormation Technology Department to adopt a standard image as the default desktop background for all County computers. This it to was tabled during the March 23, 2004 meeting. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to remove this item from the agenda. The Court next considered another request from the Information Technology Department for approval of the contract be ween Sungard Pentamation, Inc, and Brazos County. Sungard Pe tamation, Inc. will provide software licenses, software, training, maintenance and support. Cost to the County will be $135,926.00. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to approve t contract. A copy is attached. The next matter before the Court was a request by the District Attorney's office for approval to pay the LaSalle H tel $474.60 for lodging of out-of-town witnesses. The a aunt of the invoice exceeded the amount on the purchase o der by $114.60. On motion by Commissioner Peters, seconded b ;Commissioner Cauley, the Court voted unanimously to approve t t request. The Court next considered approval of the Partnership A reement between Brazos County and Workforce Solutions - .ol 54 Page 3S '.ion ' Court meeting March 30, 2004 5 Br zos Valley Board (formerly the Brazos Valley Workforce Development Board). This agreement is to effectively exercise the local/regional authorities over the workforce development nr rams covered under the terms of the Texas Workforce and Ec zomic Competitiveness Act of 1993, as amended, and to as ure to the extent feasible within the appropriated re ources, that the residents, businesses, and employers of th Brazos Valley of Texas have access to and receive the hi'hest quality of services designed to prepare individuals for productive employment, and to provide employers with a pr uctive and competitive workforce. On motion by ssioner Mallard, seconded by Commissioner Cauley, the Cc rt voted unanimously to approve the Partnership Agreement be ween Brazos County and Workforce Solutions - Brazos Valley Borird. A copy is attached. The next matter before the Court was a request by the Jail Administrator for approval to renew the Preventative Ma'ntenance and Extended Service Agreement for the Mobile Fi ing/Storage System located at the Brazos County Detention Ce ter. Cost of the annual contract is $225.00. On motion by C*missioner Cauley, seconded by Commissioner Peters, the voted unanimously to approve the renewal request. The Court next considered a request by the Purchasing A 51 Page 39 ion ' Court meeting March 30, 2004 6 Department for approval of the Delucia Mail Service postage re and policy. On motion by Commissioner Peters, seconded by Co issioner Cauley, the Court voted unanimously to approve the policy acknowledging that Gulf Coast Presort receives any re fund from the Postal Service. A copy is attached. The next matter before the Court was a request by Juvenile Services for permission to purchase a Spacesaver Mobile Storage System from Southwest Solutions, Inc. for $32,000.00. The system will be purchased with Title IV funds. This will allow the department to maintain juvenile records in ac ordance with privacy laws. On motion by Commissioner C dwell, seconded by Commissioner Cauley, the Court voted u animously to approve the request. The Court next considered approval of the contract with S uthwest Texas Forensic Center, Inc. as provider of forensic services for Brazos County. On motion by Commissioner Peters, seconded by Commissioner Caldwell, the Court voted unanimously t ;approve the contract. A copy is attached. The next matter for consideration was approval of tax r fund applications from the following individuals and/or c mpanies: a. Sallye J. Austin, OP, $27.67 b. Roland Columbus Estate, c/o James R. Camell, et. al, OP, $200.00 c. Mary & Israel Deleon, OP, $265.50 ~01 5q Page *0 ion On Ju a rk' Court meeting March 30, 2004 7 j. Billy Mike Harris, Sr., OP, $5.40 k. Bobby & Becky Martinez, OP, $12.06 motion by Commissioner Peters, seconded by the County toe, the Court voted unanimously to approve the tax refund ications. The next matter before the Court was approval of the Brzos County Health Information Privacy Policy, including: On a. Privacy Policy b. Plan Document C. Notice of Privacy Practices ,motion by Commissioner Cauley, seconded by Commissioner P4jers, the Court voted unanimously to approve the privacy pokicy, plan document and notice of privacy practices. A copy is attached. The next matter for the Court's consideration was an In•erlocal Agreement between Brazos County, the City of Bryan, Ci y of College Station, Blinn College, and Texas A&M U `'"versity to enter into agreement for the performance of governmental functions including but not limited to police protection and detention services; fire protection and public h filth and welfare. This can be done by facilitating each Pal#ty's communications capabilities by permitting access to all! Parties' 800 megahertz band radio communications systems. s is authorized by the Texas Government Code Chapter 362. Od motion by Commissioner Peters, seconded by Commissioner 1 5q Page ion s' Court meeting March 30, 2004 8 Ca ley, the Court voted unanimously to enter into an In erlocal Agreement with the City of Bryan, City of College Station, Blinn College, and Texas A&M University. A copy is attached. The Court next considered a request by the Road and Bridge Department for approval to set the speed limit at 30 mp for all roads in the Estates of River Run Subdivision, to ated in Precinct 1. A public hearing was held March 23, 2004 to hear commentary for and against the setting of speed limits in the subdivision. On motion by Commissioner Caldwell, seconded by Commissioner Peters, the Court voted mously to set the speed limit at 30 mph for all roads in thL Estates of River Run Subdivision. L The Court next considered approval of the Final Plat of St ding Rock Ranch, 65 Lots 79.70 acres in Precinct 2. Rio;hard Vance, County Engineer, stated that he had reviewed the plat and recommended approval. Commissioner Peters ex°ressed concern over maintaining concrete roads. Jim Young of 285 Elkins Lake, Huntsville, Texas stated that he felt they d have a low maintenance road. The County Engineer re uested copies of the tests. Philip Buchanan of Spencer Buchanan Associates did the testing to 12 feet and said the should be good for twenty (20) years. The County 1 5y Page qA rs' Court meeting March 30, 2004 9 sneer asked Mr. Buchanan if he had designed the road, Mr. replied he had not but was happy with the design. County Engineer stated he was not an expert in the field ana,has no problem with the road if Mr. Buchanan is satisfied. Onlmotion by Commissioner Peters, seconded by Commissioner Ca ley, the Court voted unanimously to approve the final plat of Standing Rock Ranch, 65 Lots 79.70 acres as submitted. The Court next considered approval of the Final Plat of Vi ~ing Subdivision, 4.00 acres in Precinct 1. Richard Vance, Co ty Engineer, stated that he had reviewed the plat and of ;,e red the following comment: 1) Add note: Subdivision is in College Station Extra Territorial Jurisdiction. notion by Commissioner Caldwell, seconded by Commissioner Peers, the court voted unanimously to approve the final plat ofl?the Viking Subdivision subject to the developer complying wilfh the exception noted by the County Engineer. The Court next considered approval of the Final Plat of DicCkson Run, 15.747 Acres in Precinct 1. Richard Vance, C Unty Engineer, stated that he had reviewed the plat and o fered the following comment: 1) Add Note: Subdivision is in the College Station Extra Territorial Jurisdiction. OJ motion by Commissioner Caldwell, seconded by Commissioner .01 ~q Page ~3 ion r6' Court meeting March 30, 2004 10 Peters, the Court voted unanimously to approve the final plat of Dickson Run 15.747 Acres subject to the developer complying with the exception noted by the County Engineer. The Court next considered approval of the Final Plat of rstone Acres, 17.928 Acres in Precinct 2. Richard Vance, Co ty Engineer, stated that he had reviewed the plat and of bred the following comment: 1) Add Note: Subdivision is in the College Station Extra Territorial Jurisdiction. On Ma: Cc motion by Commissioner Peters, seconded by Commissioner bard, the Court voted unanimously to approve the final plat merstone Acres, 17.928 Acres subject to the developer co lying with the exception noted by the County Engineer. The Court next considered approval of the Final Plat of LG Subdivision, Lot 1, Block 1, 5.000 Acres, Part of a Called 60t.633-Acre Tract in Precinct 1. Richard Vance, County En ineer, stated that he had reviewed the plat and offered the fo~lowing comment: On 2) Add Note: Subdivision is in the College Station Extra Territorial Jurisdiction. emotion by Commissioner Caldwell, seconded by Commissioner Pe 3ers, ' the Court voted unanimously to approve the final plat of LGL Subdivision, Lot 1, Block 1, 5.000 Acres, Part of a C41ed 604.633-Acre Tract subject to the developer complying Dl 5q Page 4ti ion " ' Court meeting March 30, 2004 11 wi h the exceptions noted by the County Engineer. On motion by Commissioner Cauley, seconded by Co issioner Peters, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report fo ;February 2004. A copy of which is attached to and made a part of these minutes. The Court next considered the request from Verizon to pl ce a UMC-1000 pole mounted pair gain device (for cable ma'ntenance) on the northwest corner of the intersection of De ocrat Road and Hearne Lane. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Co issioner Peters, seconded by Commissioner Mallard, the Co'rt voted unanimously to approve the request by Verizon and authorized the installation. A copy of the request is attached hereto. The Court next considered acceptance of Warranty Deeds fr the following individuals for a 70 foot strip of land for in ress/egress to Brazos County property off of Royder Road in Pr °cinct 1: a. Therma Lee Mosely b. Doris H. Wilborn c. Estherlene Williams d. Lorenzo Wilborn e. Beth Jo Hudspeth f. Dorothy Faye White V P1 5~ Page L15 ion' Court meeting March 30, 2004 12 g. Carolyn H. Poe h. Thomas E. Wiborn i. James Simington j. Johnny Simington k. Lamarr G. Simington on motion by Commissioner Peters, seconded by Commissioner Ma lard, the Court voted unanimously to authorize the County Ju e to accept on behalf of Brazos County Warranty Deeds from th' previously named individuals for the expansion and im~rovements to Royer Road. The Court next heard a presentation by Mike Paulus of the Brazos County Health Department concerning various planning of orts. Mr. Paulus' presentation was on what the Health De artment is doing to prepare itself and the county in the ev nt of a bio-terrorist attack. He informed the court that they had received a large grant in the amount of $250,000 annually to fund this effort. Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) Read a letter written to the Risk Manager for the City of Bryan commending him on his award from PRIMA for his innovative program. The Risk Manager convinced the cities to join together in a pool for insurance coverage. 101 ~5 Page 4 +s' Court meeting March 30, 2004 t r. Commissioner Mallard a) There appears there may be an increase in funding for tobacco settlement funds this year. We may need to take another look at investing or an endowment fund. County Judge b) Most of the Commissioners attended a presentation yesterday by the Consultant for the new convention center in College Station. This is looking very good. Commissioner Caldwell a) The US House of Representatives has passed legislation for a new corridor. This bill still has to go before the Senate, but it looks like the County is finally getting a return on the investment in this matter. Commissioner Peters a) Reminded everyone that Texas Trash Off is this Saturday. There was no citizen input and/or concerns. 13 Under Agency/Board/Committee reports by Court members, :following spoke: County Judge a) He went to Austin to appear before the TxDOT Commission. There was tremendous support from the seven county region in that 42 people made the trip with him. There being no further business to come before the t, the meeting was adjourned. Vbl 5q Page The foregoing minutes of the Commissioners Court meeting held March 30, 2004 have been examined and are approved in open C urt this the ra day of t-- 2004, in Bryan, B azos County, Texas. R tidy S Xs C tint Judge D ,ane Peters' C Mmissioner, Precinct 2 ~f'cftey Cluley, Jr. C Mmiss over, Precin Attest: C K ren McQueen C linty Clerk '01 6Y 4 Page 49 ,/111 ~-,"Z4/~ Eric Caldwell Commissioner, Precinct 1 Kenny Mall r Commissioner, Precinct 3 BRAZO COUNTY COMMISSIONERS COURT n MEETIN G ON 20*AT Name Organization/Department Sa rn ~l ~ a.G1 Amaicm &uior Socre V b V~~\ cv), VOL 51 PAGE q-1 BRAZO COUNTY COMMISSIONERS COURT MEETIN ON 2004-ATg,-Qtq64qA' Name Organization/Department "orl; A-- r f K,",Al,~ a t-;, c ~ r . , sPENcG~~ 4 c? e1e y,4&Njy AXCL-, L VOI,5q PAGE 51) BRAZOS COUNTY COMMISSIONERS COURT MEETIN~ ON jha,, -L~-o, 20#AT Name Organization/Department VOL 51 PAGE 51 #3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR NO. 03/04-23.1 O !this the 30`h day of March 2004 at a regular meeting of the Commissioners' Court, the following members re present: Randy Sims, County Judge, Presiding Eric Caldwell, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The follo ring proceedings were held: T T WHEREAS, on 30 March 2004 the Court heard and approved a budget amendment for the 2003-200 budget year for Brazos County, Texas. WI#EREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen condition Which could not be reasonably included in the original budget adopted 12 September 2003 the following itmendment(s) to the original are hereby authorized, as described on the attached page(s). A PTED AND APPROVED this the 30`h day of March 2004. THE By: 'COURT OF BRAZOS COUNTY, TEXAS. Judge Original: Copies County Clerk's Office and attached to the original budget County Auditor "County Treasurer Commissioners' Court Minutes VOL 5~ PAGE 6-2, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-23.1 3/30/2004 FD D ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 37 #01 672860 Dr. Equipment-Other 150.00 01 37$ 001 602600 Cr. Education Supplies 150.00 Count y Ex tention Office To re 1' ssi budget er the attached request. Prepared By Date: nikw 3/26/2004 ~Appro~',ed By Date. VOL 5Y PAGE 53 4T PERSONNEL CHANGE OF STATUS COU RT DATE: March 30, 2004 DE RTMENT: Personnel PU OSE: Ap rove Personnel Chan e of Status DEP p g TMENT NAME EMPLOYEE NAME ACTION REQUESTED r ATION PAPPAFOTIS, MICHAEL NEW HIRE TECHNOLOGY DIST CT ATTORNEY LUEDKE, KRISTEN NEW HIRE SHE F'S OFFICE/JAIL FORREST, WILLIAM CODY NEW HIRE CLANTON, JR. JAMES WM. NEW HIRE JUV ILE SERVICES HAMILTON, DONALD DISCHARGED ALEXANDER, ERICKA RESIGNATION KELLEY, PAULA PROMOTION AUDI 'HOR'S OFFICE JETT, IRENE NEW HIRE Appr pied in Commissioners' Court: March 30, 2004 Count ::Judge's or Commissioner's Signature: (This Opy to be attached to minutes) VOL~_PAGE -#7 1 BETWEEN SUNGARD PENTAMATION INC. a Pennsylvania Corporation with Headquarters at: 3 West Broad Street, Suite 1 Bethlehem, PA 18018 Phone M (610) 691-3616 Fax M (610) 691-1031 ("SunGard") AND BRAZOSCOUNTY 300 East 26"' Street Bryan, TX 77803 Phone M (979) 3614350 Fax M (979) 361-4408 Attn: Katie Conner, Auditor ("Customer") By the legally and/or. •es of their duly authorized representatives below, SunGard and Customer, intending to be agree to all of the provisions of this Agreement and all Schedules, Appendices, Exhibits, to this Agreement. [SunGard] Brazos BY: PRINT N PRINT TI-11 DATE SI 1'}tE 1 1 /03 - MA B9 A 1 [Customer] Donald V. Appleton PRINT N Randy Sims President and C.O.O. PRINT TITLE: Coun ,Mudge March 4, 2004 DATE SIGNED: 33 Hard. o%LJ`t SUNbARD VOL 51 PAGE 055 APPENDIX SCHEDULE 1 Licensed Software, Training and Support 2 Implementation Services 3 Hardware Equipment/Services 4 Payment Schedule 5.a Application Software Maintenance and Support 5.b Operating System or Utility Software Telephone Support Services 6 Custom Programming Services 7 System Administrator Job Responsibilities 8 Regulatory Software 9 Government Resource Series to OPEN SERIES Migration VOL 54 PAGE 51P DEFINITION OF TERMS As in this Agreement, the following terms have the following meanings: ' means a single and unique combination of database and Software. 2. ";affiliate," whether capitalized or not, means, with respect to a specified Person, any Person 'hich directly or indirectly controls, is controlled by, or is under common control with the pecified person as of the date of this Agreement, for as long as such relationship remains in 3. `Confidential Information" means all business information disclosed by one party to the other connection with this Agreement unless it is or later becomes publicly available through no fault f the other party or it was or later is rightfully developed or obtained by the other party from `dependent sources free from any duty of confidentiality. Without limiting the generality of the oregoing, Confidential Information shall include Customer's data and shall include SunGard's oprietary Items. Confidential Information shall include the terms of this Agreement, but not the act that this Agreement has been signed, the identity of the parties hereto or the identity of the roducts licensed hereunder. 4. "Concurrent User" means the highest total number of users making simultaneous use of the pftware at any time during a calendar year period, whether use is via modem, direct connection, connection, or intranet connection. 'opy," whether capitalized or not, means any paper, disk, tape, film, memory device, or other iterial or object on or in which any words, object code, or other symbols are written, recorded encoded, whether permanent or transitory. 6. `pocumentation" means SunGard's standard user guides and manuals as delivered with the oftware and Software Updates and on-line help, as updated and amended from time to time, tovided by SunGard to assist Customer with the use of Software. 7. ,`Execution Date" means the latest date shown on the signature line of this Agreement. xport Laws" means all laws, administrative regulations, and executive orders of any plicable Jurisdiction relating to the control of imports and exports of commodities and hnical data, software and related property, use or remote use of software and related property, registration of this Agreement, including the Export Administration Regulations of the U.S. partment of Commerce, and the International Traffic in Arms Regulations of the U.S. partment of State. "Applicable Jurisdiction" means the U.S., and any other jurisdiction where ~ Proprietary Items will be located or from where any Proprietary Items will be accessed under Agreement. 9. "Good Faith Dispute" means a good faith dispute by Customer of certain amounts invoiced itider this Agreement. A Good Faith Dispute will be deemed to exist only if (1) Customer has Oven written notice of the dispute to SunGard promptly after receiving the invoice and (2) the btice explains Customer's position in reasonable detail. A Good Faith Dispute will not exist as to invoice in its entirety merely because certain amounts on the invoice have been disputed. VOL 64 PAGE 57 10. cluding" means including but not limited to. 11. `initial Installation or Initial Software Installation" means the first instance of Software installation or Software loading onto the computer system from which it will operate. 12. I't atest Software Update" means those Software Updates which SunGard has made generally Vailable to its Customers within the preceding twelve months. 13. `)flew Product" means a set of functionality available to be licensed to Customer by SunGard rf'ch was not previously licensed to Customer either because the functionality was not available Customer chose not to license it. 14. i6vernmental Person," whether capitalized or not, means any individual, sole proprietorship, joint venture, "ership, corporation, company, firm, bank, association, cooperative, trust, estate, government, agency, regulatory authority, or other entity of any nature. 15. Proprietary Items" means, collectively, the Software and Documentation, the object code and he source code for the Software, the visual expressions, screen formats, report formats and other sign features of the Software, all ideas, methods, algorithms, formulae and concepts used in veloping and/or incorporated into the Software or Documentation, all future modifications, evisions, updates, refinements, improvements and enhancements of the Software or cumentation, all derivative works (as such term is used in the U.S. copyright laws) based upon y of the foregoing, and all copies of the foregoing. 16. $oftware" means SunGard's proprietary application software identified in Appendix 1 of this eement, known as OPEN SERIES Plus. 17. `Software Update" means Software revisions and updates to the Software which SunGard, in its le discretion, incorporates into the Software as a Software Update per Appendix 5(a) - plication Software Maintenance and Support. 18. SunGard's Standard professional fee rates" mean for purposes of this Agreement $130.00 per Our until 12:00 midnight on June 30, 2005 at which time the rate shall be what SunGard is ltarging similarly situated customers for similar services. VOL 54 PAGE 98 1. LWITED LICENSE 2. Grant. SunGard grants to Customer a personal, non-transferable, non-exclusive, perpetual, license to use, in accordance with this Agreement, the Software identified on Appendix 1 and its related Documentation as the Software and Documentation may be revised and updated in accordance with this Agreement. Scope. In consideration of Customer's payment of the associated fees as set forth in Section 6, Customer may use the Software and Documentation only in the ordinary course of its business operations and for its own business purposes, subject to the use restrictions as set forth in Section 8.3. Access to and use of the Software by Customer shall be limited to the Number of Concurrent Users and/or other parameters as specified, stated on Appendix 1 (collectively, "Scope of Use"), subject to increase by amendment(s) to such parameters. Customer may copy and use the Software for inactive back-up and disaster recovery purposes. Customer may copy the Documentation to the extent reasonably necessary for use of the Software under this Agreement. 'ARE INSTALLATION AND PROFESSIONAL SERVICES 2. Initial Software Installation. SunGard shall deliver, F.O.B. Customer's offices, to Customer the initial Copies of the Software and Documentation stated on Appendix 1. The date of such delivery shall be referred to as the "Delivery Date." SunGard, per installation services as set forth in Appendix 3, or Customer shall install the Software on or before 120 days following the execution date of this Agreement. 2. Professional Services. SunGard shall provide to Customer, Software training services for Customer personnel as set forth and for the charges listed on Appendix 1, the Implementation Services as set forth on Appendix 2, and the Software and Hardware installation services as set forth on Appendix 3. In accordance with Section 2.3, SunGard shall provide to Customer additional Professional Services reasonably requested by Customer. Additional Professional Services. At Customer's reasonable request and subject to the availability of SunGard's personnel, SunGard shall provide to Customer additional installation services, additional training, consulting services, custom modification programming, support services relating to custom modifications, assistance with data transfers, system restarts and reinstallations and other specialized support services. Such services will be offered at SunGard's then prevailing service rates. Custom programming services are provided in accordance with the terms and conditions as defined in Appendix 6. SunGard may refer services under this Agreement to Pentasun Professional Services LLC. Pentasun contractors will adhere to the terms and conditions of this contract and to the same policies and standards as SunGard staff. Pentasun contractors will contact the Client only after a referral from SunGard management. If services are provided by a Pentasun consultant, Client organization will be invoiced for those services and any associated reimbursable expenses directly by Pentasun SunGard or its designee shall perform the installation services, for the fees stated on Appendix 3, at the Installation Location. Installation shall be completed on a mutually agreed date, subject to the obligations of Customer to provide the operational environment Customer' ,lame: Brazos County, TX 11/03 - MA 89 VOL Sq PAGE 5q 2.1 2.1 for the equipment as provided in 2.6 below but no later than 10 days prior to the Scheduled Installation Date. i The Customer acknowledges a need for and agrees to provide, at its cost, a suitable operational environment, appropriate power supplies and adequate workspace for the Equipment to be maintained in accordance with SunGard's configuration guidelines listed in Appendix 3. The Customer further acknowledges and agrees to provide access to Customer's hardware system(s) and/or operational system software where necessary for SunGard to provide its services hereunder. The Customer further acknowledges its responsibility to provide adequately trained personnel, adequate hardware and system software backups SunGard's installation personnel shall remain on Customer's site not more than one day in the event of Customer's failure to fulfill its site preparation obligations. Return trips, if necessary, shall be invoiced to Customer at SunGard's then prevailing service rates, plus expenses (as specified in Section 6.4). Customer's 1 11/03-MA' : Brazos County, TX 2 VOL 5' PAGE ~ 0 4. SLNGARD'S OTHER OBLIGATIONS 4. Ongoing Maintenance and Support Services. Beginning on the Execution Date and in conjunction with Appendix 5, SunGard shall provide maintenance and support services to Customer throughout the Initial Maintenance and Support Term and, if Customer elects to renew maintenance and support services, the Renewal Maintenance and Support Term as defined in Appendix 5, at the rates set forth in Appendix 1 and 5. Optional Products. Beginning upon the Execution Date of this Agreement, SunGard shall offer to Customer the opportunity to license New Products at SunGard's then prevailing fees. 5. CUSTOMER'S OTHER OBLIGATIONS 5. Procurement of Hardware and Other Third Party Items. Customer shall be responsible, at its expense, for procuring and maintaining (through SunGard, if applicable) the computer hardware, systems software and other third party software, data feeds, telecommunications, networks, peripherals and other items and services (collectively referred to as "Third Party Products"). Customer shall contract for (through SunGard, if applicable) and maintain appropriate agreements for the use and maintenance of Third Party Products during the term of this Agreement. If Customer is authorized by SunGard to use the Software in an Internet environment, Customer shall be solely responsible for all aspects of Internet use, including any Third Party Products, and the installation and maintenance of its home page on the Internet. All required Third Party Products must be installed (by SunGard, if applicable) and operational prior to the Scheduled Installation Date stated on Appendix 3. Data Security. If the Software or data maintained by the Software is accessible through the Internet or other networked environment, Customer shall maintain, in connection with the Software, adequate technical and procedural access controls and system security requirements and devices, necessary for data privacy, confidentiality, integrity, authorization, authentication and non-repudiation and virus detection and eradication. To the extent that Customer's Affiliates or Customers have access to the Software through the Internet or other networked environment, Customer shall, if applicable, maintain agreements with such end-users that adequately protect the confidentiality and intellectual property rights of SunGard in the Software and Documentation, and disclaim any liability or responsibility of SunGard with respect to such end-users. Access to Facilities and Employees. Customer shall provide to SunGard access to the Customer's facilities, equipment and employees, and shall otherwise cooperate with SunGard, as reasonably necessary for SunGard to perform its installation, training, support and other obligations under this Agreement. Customer shall devote all Customer's Name: Brazos County, Tx 3 11/03 - MAb69 VOL5`) PAGE 10~ equipment, facilities, personnel and other resources reasonably necessary to (a) install the Software, (b) be trained in the use of the Software and (c) begin using the Software in production on a timely basis as contemplated by this Agreement. 6. P, 6., Custom 1/03 - 11/03- 1, ki Remote Access. Customer shall permit SunGard, at SunGard's option, to remotely access, per the method described in Appendix 5, the Software for the purpose of providing maintenance and support services to Customer under Section 4.1 and otherwise implementing the purposes of this Agreement. Notices and Certifications. Customer shall give written notice to SunGard whenever Customer intends to increase the Scope of Use. Customer shall promptly complete and return to SunGard periodic certifications which SunGard, in its sole discretion, may from time to time send to Customer, certifying the then current Scope of Use of the Software and that Customer has complied and is then in compliance with the provisions of this Agreement. Customer Operation of Software, Customer shall be exclusively responsible for the supervision, management, operation and control of its use of the Software, including but not limited to: (1) establishing adequate backup plans in the event of computer or Software malfunction or disaster, (2) implementing sufficient procedures and checkpoints to satisfy Customer's requirements for security and accuracy of input and output data as well as restart and recovery in the event of malfunction or disaster, (3) informed use of output data insofar as technical expertise or professional judgment is required, (4) security, maintenance and distribution of system passwords, and (5) other responsibilities as defined in Appendix 7. License Fee. Customer shall pay to SunGard an initial license fee in the amount stated on Appendix 1, in accordance with the payment schedule stated on Appendix 4. The Initial License fee shall entitle Customer to maintenance and support services for the Initial Maintenance and Support Term as defined in Appendix 5(a). Annual Maintenance and Support Fees. The annual maintenance and support service for Software and Third Party Software listed in Appendix 1 shall be automatically renewed on each anniversary date of this Agreement unless Customer provides SunGard with ninety (90) days written notice prior to each annual anniversary date of its intent to terminate maintenance and support. Beginning on the first anniversary date of this Agreement, unless Customer has provided such notice then, Customer shall pay annual maintenance and support fees in the amount set forth on Appendix 1. SunGard reserves the right to increase such amounts in subsequent renewal terms by an amount not to exceed 10% per year. After the Renewal Maintenance and Support Term and in the event that SunGard desires to terminate maintenance and support services to Customer, SunGard shall provide Customer with one hundred eighty (180) days prior written notice of its intent to terminate. Service Fees. Customer shall pay to SunGard the service fees stated on Appendix 1 , Appendix 2 and Appendix 3 for all services specified in this Agreement. In the event that requested services are not specified in this Agreement, then the fees for such services shall be based upon SunGard's standard professional fee rates in effect at the time of the request. ame: Brazos County, TX 4 VOL 54 PAGE 6 2- Expense Reimbursements. Whenever any services are provided by SunGard at a Customer location or any other location requested by Customer other than one of SunGard's locations, Customer shall reimburse SunGard for reasonable travel, lodging, meal and related expenses incurred by SunGard personnel in providing such services. Travel expenses will be limited to $30 per day for meals, $85 per day for lodging, coach class airfare and economy rental car. > Taxes. The fees and other amounts payable by Customer to SunGard under this Agreement do not include any taxes of any jurisdiction that may be assessed or imposed upon the copies of the Software and Documentation delivered to Customer, the license granted under this Agreement or the services provided under this Agreement, or otherwise assessed or imposed in connection with the transactions contemplated by this Agreement, including sales, use, excise, value added, personal property, export, import and withholding taxes, excluding only taxes based upon SunGard's net income. Customer shall directly pay any such taxes assessed against it, and Customer shall promptly reimburse SunGard for any such taxes payable or collectable by SunGard. If Customer has provided SunGard with proof of its tax exempt status, then, in the event that Customer's tax exempt status should become altered in any way throughout the term of this Agreement, Customer shall be obligated to notify SunGard immediately of any such modification of tax exempt status and Customer shall become liable for all taxes as set forth above. In the event Customer fails to notify SunGard of any such change, and penalties occur as a result of Customer's failure to notify SunGard in a timely manner, Customer shall be liable for payment of any penalties assessed against SunGard or Customer as a result thereof. i Payment Terms. Initial Software license fees and Third Party Product fees (if any) shall be invoiced by SunGard per the payment schedule in Appendix 4. Ongoing maintenance and support fees shall be invoiced by SunGard annually in advance and all other fees and all expense reimbursements shall be invoiced by SunGard as and when incurred. All invoices shall be sent to Customer's address for invoices as designated by Customer or, if not designated, then the address printed on this Agreement. Payments may be made by check to the SunGard address listed on the invoice. Customer's payments shall be past due thirty (30) days after receipt of invoice. Interest at the rate of eighteen percent (18%) per annum (or, if lower, the maximum rate permitted by applicable law) shall accrue on any amount not paid by Customer to SunGard when due under this Agreement, and shall be payable by Customer to SunGard on demand. Except as provided in Section 7.2.3, all fees and other amounts paid by Customer under this Agreement are non-refundable, including any fees paid for Third Party Products. 6J Currency. All dollar amounts referred to in this Agreement are in United States Dollars. 7. NN RRANTIES AND LIMITATIONS 7.: Performance. SunGard warrants to Customer that the Software, as and when delivered to Customer by SunGard and when properly used for the purpose and in the manner specifically authorized by this Agreement, will perform as described in the Documentation in all material respects. SunGard's only obligation under this warranty is to correct any failure to so perform in accordance with SunGard's obligations under the maintenance and support provisions of this Agreement and correct any data Customer's me: Brazos County, TX 11/03 - MAX 5 VOL 54 PAGE &3 corruption or other problems created by such failure to so perform. This warranty shall terminate one year after the Execution Date, but shall be extended by Customer's maintenance contract. 7. 7. 7 Customer' 11/03 - M/ Z Right to License; No Infringement. SunGard warrants to Customer that it has the full legal right to grant to Customer the license granted under this Agreement, and that the Software and Documentation, as and when delivered to Customer by SunGard and when properly used for the purpose and in the manner specifically authorized by this Agreement, do not infringe upon any United States patent, copyright, trade secret or other proprietary right of any Person. SunGard shall defend and indemnify Customer against any third party claim to the extent attributable to a violation of the foregoing warranty. SunGard shall have no obligation under this Section 7.2 unless Customer promptly gives written notice to SunGard after any applicable infringement claim is initiated against Customer and allows SunGard to have sole control of the defense or settlement of the claim. The remedies provided in this Section 7.2 are the sole remedies for a breach of the warranty contained in this Section 7.2. If any applicable infringement claim is initiated, or in SunGard's sole opinion is likely to be initiated, then SunGard shall have the option, at its expense, to: 7.2.1 modify or replace all or the infringing part of the Software or Documentation so that it is no longer infringing, provided that the Software functionality does not change in any material adverse respect; or 7.2.2 procure for Customer the right to continue using the infringing part of the Software or Documentation; or Customer Material. Customer warrants to SunGard that Customer to the best of its knowledge, has the full legal right to grant to SunGard the right to use the designs, plans, specifications or other materials provided by or on behalf of Customer for inclusion in the Software or the Documentation ("Customer Material") and that the Customer Material does not infringe upon any United States patent, copyright, trade secret or other proprietary right of any Person. Customer shall indemnify and defend SunGard (and any SunGard Affiliates providing software or services under this Agreement) against any third party claim to the extent attributable to (a) a breach of the foregoing warranty or (b) an infringement of a United States patent, copyright, trade secret or other proprietary right of any Person arising from a modification of the Software or Documentation by Customer (or a third party permitted by Customer to make such modification). Exclusion for Unauthorized Actions and Results of Use. SunGard shall have no liability under any provision of this Agreement with respect to any performance problem, claim of infringement or other matter to the extent attributable to any unauthorized or improper use or modification of the Software, any unauthorized combination of the Software with other software, any use of any version of the Software other than the Latest Software Updates, two most recent Software Updates, any Third Party Product, any act or omission by Customer, its Affiliates or its customers, or any breach of this Agreement by Customer. Customer is solely responsible for the results obtained from the use of the Software; provided however, SunGard warrants the accuracy of the formatting of the software and the programmed calculations to be performed in accordance with the performance warranty stated in 7.1. Brazos County, TX 6 VOL v ~ PAGE & 7. Force Majeure. Except with respect to Customer's payment obligations hereunder, neither party shall be liable for, nor shall either party be considered in breach of this Agreement due to any failure to perform its obligations under this Agreement as a result of a cause beyond its control, including any act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, disruption or outage of communications (including the Internet or other networked environment), power or other utility, unavailability of supplies or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by the non-performing party with reasonable care. 7. Disclaimer. EXCEPT AS EXPRESSLY STATED IN SECTION 7.1 OF THIS AGREEMENT, THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS." WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, THE SERVICES PROVIDED UNDER THIS AGREEMENT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT AND EXCEPT AS EXPRESSLY STATED IN SECTION 7.1 OF THIS AGREEMENT, SUNGARD MAKES NO REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THE PARTICULAR PURPOSE DESCRIBED IN THE USER DOCUMENTATION TITLE, NON-INTERFERENCE, OR NON- INFRINGEMENT. SUNGARD MAKES NO REPRESENTATIONS OR WARRANTIES, NOR SHALL SUNGARD HAVE ANY LIABILITY WITH RESPECT TO, ANY THIRD PARTY PRODUCTS OR SERVICES. 7. Limitations. EXCEPT FOR A THIRD PARTY CLAIM UNDER SECTION 7.2 OF THIS AGREEMENT, SUNGARD'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE INITIAL SUNGARD SOFTWARE LICENSE FEES ACTUALLY PAID BY CUSTOMER AND ALL FEES PAID FOR MIGRATION AND INTEGRATION SERVICES AND TRAINING, TO SUNGARD UNDER THIS AGREEMENT. 7. Consequential Damage Exclusion. UNDER NO CIRCUMSTANCES SHALL SUNGARD (OR ANY OF ITS AFFILIATES PROVIDING SOFTWARE OR SERVICES UNDER THIS AGREEMENT) BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING SUCH DAMAGES ARISING FROM ANY BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF SUNGARD HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, 7. Open Negotiation. CUSTOMER AND SUNGARD HAVE FREELY AND OPENLY NEGOTIATED THIS AGREEMENT, INCLUDING THE PRICING, WITH THE KNOWLEDGE THAT THE LIABILITY OF THE PARTIES IS TO Customer's Dame: Brazos County, TX 7 11/03 - MA 60 VOL 5Y PAGE T_ BE LIMITED IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT. 7 8. Customer's 11/03 - MA( Other Limitations. The warranties made by SunGard in this Agreement, and the obligations of SunGard under this Agreement, run only to Customer and not to its Affiliates, its customers or any other Persons. Under no circumstances shall any Affiliate or customer of Customer or any other Person be considered a third party beneficiary of this Agreement or otherwise entitled to any rights or remedies under this Agreement, even if such Affiliates, customers or other Persons are provided access to the Software or data maintained in the Software via the Internet or other networked environment. Customer shall have no rights or remedies against SunGard except as specifically provided in this Agreement. No action or claim of any type relating to this Agreement may be brought or made by Customer more than two (2) years after Customer first has knowledge of the basis for the action or claim. OWNERSHIP AND RESTRICTIVE COVENANT Disclosure Restrictions. All Confidential Information of one party ("Disclosing Party") in the possession of the other ("Receiving Party"), whether or not authorized, shall be held in strict confidence, and the Receiving Party shall take all steps reasonably necessary to preserve the confidentiality thereof. The Disclosing Party's Confidential Information shall not be used or disclosed by the Receiving Party for any purpose except as necessary to implement or perform this Agreement, or except as required by law, provided that the other party is given a reasonable opportunity to obtain a protective order. The Receiving Party shall limit its use of and access to the Disclosing Party's Confidential Information to only those of its employees whose responsibilities require such use or access. The Receiving Party shall advise all such employees, before they receive access to or possession of any of the Disclosing Party's Confidential Information, of the confidential nature of the Confidential Information and require them to abide by the terms of this Agreement. The Receiving Party shall be liable for any breach of this Agreement by any of its employees or any other Person who obtains access to or possession of any of the Disclosing Party's Confidential Information from or through the Receiving Party. SunGard's Proprietary Items, Ownership Rights. The Proprietary Items are trade secrets and proprietary property of SunGard, having great commercial value to SunGard. All Proprietary Items provided to Customer under this Agreement are being provided on a strictly confidential and limited use basis. Customer shall not, directly or indirectly, communicate, publish, display, loan, give or otherwise disclose any Proprietary Item to any Person, or permit any Person to have access to or possession of any Proprietary Item. Title to all Proprietary Items and all related patent, copyright, trademark, trade secret, intellectual property and other ownership rights shall be and remain exclusively with SunGard, even with respect to such items that were created by SunGard specifically for or on behalf of Customer. This Agreement is not an agreement of sale, and no title, patent, copyright, trademark, trade secret, intellectual property or other ownership rights to any Proprietary Items are transferred to Customer by virtue of this Agreement. All copies of Proprietary Items in Customer's possession shall remain the exclusive property of SunGard and shall be deemed to be on loan to Customer during the term of this Agreement. Brazos County, TX 8 VOL 54 PAGE %(r Use Restrictions. Customer shall not do, attempt to do, nor permit any other Person to do, any of the following: 8.3.1 use any Proprietary Item for any purpose, at any location or in any manner not specifically authorized by this Agreement; or 8.3.2 make or retain any Copy of any Proprietary Item except as specifically authorized by this Agreement; or 8.3.3 create or recreate the source code for the Software, or re-engineer, reverse engineer, decompile or disassemble the Software; or 8.3.4 modify, adapt, translate or create derivative works based upon the Software or Documentation, or combine or merge any part of the Software or Documentation with or into any other software or documentation not as otherwise expressly provided by this Agreement; or 8.3.5 refer to or otherwise use any Proprietary Item as part of any effort either (i) to develop a program having any functional attributes, or (ii) to compete with SunGard; or 8.3.6 remove, erase or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in any Proprietary Item, or fail to preserve all copyright and other proprietary notices in any Copy of any Proprietary Item made by Customer; or 8.3.7 sell, market, license, sublicense, distribute or otherwise grant to any Person, including any outsourcer, vendor, consultant or partner, any right to use any Proprietary Item, whether on Customer's behalf or otherwise; or 8.3.8 use the Software to conduct any type of service bureau or time-sharing operation or to provide remote processing, network processing, network telecommunications or similar services to any Person, whether on a fee basis or otherwise, unless otherwise expressly provided in this Agreement. 4i Notice and Remedy of Breaches. Each party shall promptly give written notice to the other of any actual or suspected breach by it of any of the provisions of this Section 8, whether or not intentional, and the breaching party shall, at its expense, take all steps reasonably requested by the other party to prevent or remedy the breach. i' Enforcement. Each party acknowledges that the restrictions in this Agreement are reasonable and necessary to protect the other's legitimate business interests. Each party acknowledges that any breach of any of the provisions of this Section 8 shall result in irreparable injury to the other for which money damages could not adequately compensate. If there is a breach, then.the injured party shall be entitled, in addition to all other rights and remedies which it may have at law or in equity, to have a decree of specific performance or an injunction issued by any competent court, requiring the breach to be cured or enjoining all Persons involved from continuing the breach. The existence of any claim or cause of action that a party or any other Person may have against the other party shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 8. SunGard acknowledges and understands that Customer is subject to the requirements of the Texas Public Information Act. Customer' Name: Brazos County, TX 9 11/03 - M 9 l" L PAGE _ _T_ 9. ATION 9. Termination by Customer. Customer may immediately terminate this Agreement, by giving written notice of termination to SunGard, upon the occurrence of any of the following events: 9.1.1 SunGard breaches any of its material obligations under this Agreement and does not cure the breach within forty five (45) days (provided that the breach is susceptible to cure) (or such other time period as may be agreed upon by the parties) after Customer gives written notice to SunGard describing the breach in reasonable detail. 9.1.2 SunGard (or a surviving company in the event of a merger or sale of SunGard) dissolves or liquidates or otherwise discontinues all or a significant part of its business operations. Notwithstanding the foregoing, SunGard reserves the right to outsource professional services to Pentasun Professional Services, LLC which will not be deemed grounds for Customer termination hereunder. Termination by SunGard. SunGard may immediately terminate this Agreement, by giving written notice of termination to Customer, upon the occurrence of any of the following events: 9.2.1 Except for Customer's failure to pay any amount payable with respect to Ongoing Maintenance and Support fees, Customer fails to pay to SunGard, within ten (10) days after SunGard makes written demand therefor, any past-due amount payable under this Agreement (including interest thereon) that is not the subject of a Good Faith Dispute, or 9.2.2 Customer breaches any of its other material obligations under this Agreement and does not cure the breach within thirty (30) days (provided that the breach is susceptible to cure) (or such other time period as may be agreed to by the parties) after SunGard gives written notice to Customer describing the breach in reasonable detail, or 9.2.3 Customer dissolves or liquidates or otherwise discontinues all or a significant part of its business operations. Expiration of License. The license for the Software specified on Appendix 1 shall be perpetual from the Delivery Date for such Software unless and until terminated in accordance with this Section 9. Effect of Termination. 9.4.1 Upon the effective date of a termination of the maintenance and support services by SunGard or Customer, or at anytime when Customer has failed to pay the annual maintenance and support fees required pursuant to Section 6.2 ("Ongoing Maintenance and Support Termination Date"), (a) SunGard shall discontinue providing all ongoing maintenance and support services, including SunGard's obligation under Section 4. 1, (b) any SunGard warranties and indemnities under this Agreement shall cease to apply for the period after the Ongoing Maintenance and Support Termination Date, and (c) SunGard shall have no liability with respect to Customer's use of the Software or Services after the Ongoing Maintenance and Support Termination Date. Custom 1 /03 - 11/03- me: Brazos County, TX me: 10 M S4 FAGS ~S 9.4.2 Upon a termination or expiration of this Agreement, whether under this Section 9 or otherwise, Customer shall: (a) discontinue all use of all affected Software and Documentation, (b) promptly return to SunGard all copies of the affected Software and Documentation and any other affected Proprietary Items then in Customer's possession, and (c) give written notice to SunGard certifying that all copies of the affected Software and Documentation have been permanently deleted from its computers. Customer shall remain liable for all payments due to SunGard with respect to the period ending on the date of termination. The provisions of Sections 6, 7 (except 7.1), 8 and 10 shall survive any termination of this Agreement, whether under this Section 9 or otherwise. Certain Other Remedies for Nonpayment. If Customer fails to pay to SunGard, within ten (10) days after SunGard makes written demand therefor, any past-due amount payable under this Agreement (including interest thereon) that is not the subject of a Good Faith Dispute, in addition to all other rights and remedies which SunGard may have at law or in equity, SunGard may, in its sole discretion and without further notice to Customer, suspend performance of any or all of its obligations under this Agreement (including its ongoing maintenance and support services under Section 4.1 ) until all past due amounts are paid in full. 10. OMER PROVISIONS Custom 1 /03 - 11/03- Notice. Notice. All notices, consents and other communications under or regarding this Agreement shall be in writing and shall be deemed to have been received on the earlier of the date of actual receipt, the third business day after being mailed by first class certified air mail, or the first business day after being sent by a reputable overnight delivery service. Any notice may be given by facsimile, provided that a signed written original is sent by one of the foregoing methods within twenty-four (24) hours thereafter. Customer's address for notices is 300 East 26`4 Street, Suite 314, Bryan, TX 77803, Attention: Katie Conner, with a copy to Lita Sifuentez, 202 East 27t4 Street, Suite 102, Bryan, Texas 77802. SunGard's address for notices is Sun Gard Pentamation Inc., 3 West Broad Street, Suite 1, Bethlehem, PA 18018 Attention: Contract Administration. Either party may change its address for notices by giving written notice of the new address to the other party in accordance with this Section 10.1. Parties in Interest. 10.2.1 This Agreement shall bind, benefit and be enforceable by and against SunGard and Customer and, to the extent permitted hereby, their respective successors and assigns. 10.2.2 Customer shall not assign this Agreement or any of its rights hereunder, nor delegate any of its obligations hereunder, without SunGard's prior written consent, except that such consent shall not be required in the case of an assignment to (i) a purchaser of or successor to substantially all of Customer's business (unless such purchaser or successor is a software, data processing or computer services vendor that is a competitor of SunGard, its parent company or any of its Affiliates) or (ii) an Affiliate of Customer, provided that the scope of each license granted under this Agreement does not change and Brazos County, TX 11 OIL 54 FA GL Customer guarantees the obligations of the assignee. Any assignment by Customer in breach of this Section shall be void. 10.2.3 Any express assignment of this Agreement, any change in control of Customer, any acquisition of additional business by Customer (by asset acquisition, merger or otherwise by operation of law), and any assignment by merger or otherwise by operation of law, shall constitute an assignment of this Agreement by Customer for purposes of this Section 10.2 ("Customer Assignment"). Customer shall give written notice to SunGard at least thirty (30) days before a Customer Assignment certifying the expected use of the Software to process any additional business related to such Customer Assignment ("Additional Business"). If any Customer Assignment occurs, Customer may continue to process its business to the extent it existed before such Customer Assignment, but Customer may not use the Software to process any Additional Business until and unless Customer has paid to SunGard an Additional Business fee, to be negotiated at the time of the Customer Assignment. Any use of the Software to process any Additional Business before the payment of such fee shall be deemed a material breach of this Agreement. Customer shall promptly complete and return to SunGard periodic certifications which SunGard, in its sole discretion, may from time to time send to Customer, certifying the actual use of the Software to process any Additional Business. 10.2.4 SunGard shall not assign this Agreement or any of its rights hereunder, nor delegate any of its obligations hereunder, without Customer's prior written consent, except that such consent shall not be required in the event of an assignment to (i) a purchaser of or successor to substantially all of SunGard's business or (ii) to an affiliate of SunGard. 3 Export Laws and Use Outside of the United States. Customer shall comply with the Export Laws. Customer shall not export or re-export directly or indirectly (including via remote access) any part of the Software or Confidential Information to any Applicable Jurisdiction to which a license is required under the Export Laws without first obtaining a license. 4 Relationship. The relationship between the parties created by this Agreement is that of independent contractors and not partners, joint venturers or agents. Entire Understanding. This Agreement, which includes and incorporates the Appendices, and any other schedules, exhibits and addenda hereto states the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, marketing materials, negotiations and other written or oral communications between the parties with respect to the subject matter of this Agreement. Conflicts. In the event of any conflict between this Agreement and the Appendices, the terms of the Appendices shall govern. 107 Modification and Waiver. No modification of this Agreement, and no waiver of any breach of this Agreement, shall be effective unless in writing and signed by an Customer's Dame: Brazos County, TX 12 11/03 - MA $9 VOL 54 PAGE 70 authorized representative of the party against whom enforcement is sought. This Agreement may not be modified or amended by electronic means without written agreement of the parties with respect to formats and protocols. No waiver of any breach of this Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach of this Agreement. Audit. SunGard may, at its expense and by giving reasonable advance written notice to Customer, enter Customer locations during normal business hours and audit the number of copies of the Software and Documentation in Customer's possession, the Scope of Use and information pertaining to Customer's compliance with the provisions of Sections 1. 1, 5.2, 8.2, 8.3 and 10.2. If SunGard discovers that there is an unauthorized Scope of Use or that Customer is not in compliance with the provisions of Sections 1. 1, 5.2, 8.2, 8.3 and 10.2 in any material respect, then Customer shall reimburse SunGard for the expenses incurred by SunGard in conducting the audit. SunGuard may not conduct such audits more than twice a year. V.9 Severability. A determination that any provision of this Agreement is invalid or unenforceable shall not affect the other provisions of this Agreement. M10 Headings. Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement. Mal. Negotiated Terms. The parties agree that the terms and conditions of this Agreement are the result of negotiations between the parties and that this Agreement shall not be construed in favor of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of this Agreement. 2 Personnel. Customer shall not, directly or through one or more subsidiaries or other controlled entities, hire or offer to hire any programmer, trainer or member of a data processing, customer support or conversion team of SunGard at any time when such Person is employed or engaged by SunGard or during the six (6) months after such SunGard employment or engagement ends. For purposes of this provision, "hire" means to employ as an employee or to engage as an independent contractor, whether on a full-time, part-time or temporary basis. This provision will remain in effect during the term of this Agreement and for a period of one (1) year after termination of this Agreement. In the event such activity occurs, Customer will pay to SunGard damages in the amount of $50,000. The terms and provisions of this paragraph shall apply equally and in the same manner to SunGard should SunGard hire or offer to hire an employee of Customer. Jurisdiction and Process. In any action relating to this Agreement, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the State of Texas, (b) each of the parties irrevocably waives the right to trial by jury, (c) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which the party is to receive notice in accordance with Section 10. 1, and (d) the prevailing party shall be entitled to recover its reasonable attorney's fees (including, if applicable, charges for in-house counsel), court costs and other legal expenses from the other party. Customer': 11/03 - MA e: Brazos County, TX 13 VOL 54 PAGE -1I 1 6.14 Custom 11/03- 1( Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is executed via facsimile, each party hereto shall provide the other party with an original executed signature page within five (5) days following the Execution Date of this Agreement. Governing Law. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS EXCLUDING CHOICE OF LAW; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON OR SIMILAR TO THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY. Name: Brazos County, TX 14 PAGE APPENDIX I LICENSED SOFTWARE, TRAINING AND SUPPORT inancial Apf)Jcations Financial Acc tinting: (Incl.: A/P, Reve 0e Tracking, G/L, Budgeting nd Purchasing) Fixed Assets Human Resou qes (Incl.: Payroll/Pe nnel, Attendance Tracking and Ap Mcant Tracking) Position Contr Cash Receipti 9 Regulatory So Ware - Texas (2) Implementatio 'Planning License Year 2 Training Training Suppc Fees * Maint Days Cost Hou $0 $5,500 10.0 $12,000 20.0 - 1,200 1.0 1,200 10.0 - 3,800 10.5 12,600 30.0 - 800 1.0 1,200 10.0 - 1,000 1.0 1,200 - 10,075 2,325 0.5 600 6.0 N/A N/A 1.0 1,500 - N/A N/A 1.0 1,200 - Total - Requir g items $10,075 $14,625 26.0 $31,500.00 85.0 *Includes first e(ar maintenance and support. Existing Government Resource Series (GRS) customers migrating to the OPEN SERIES (OS) will be c rged the annual maintenance amount shown in the Year 2 Maintenance column in the first year for all migrated applications ih are indicated by $0 license fee, starting in the month that training begins. Any unused maintenance for the GRS applications wil Ike credited. ' There is m installation fee when installed with the core suite of applications. When installed as an add-on product there is a phone installati r>k fee of $1,000. The product requires a dedicated Microsoft Web Server running Windows 2000 or higher and IIS. The Budget paration Center requires the purchase of the Personnel Budgeting System and the Position Control System. The Employe iAccess Center and the Job Applicant Center require an SSL Certificate or alternate to ensure data security. Your network dcurity experts can recommend the best solution for your site. 2 Please se 4ttachment for Regulatory software detail. The training fe 'for the above applications is $1,200 per day plus travel related expenses,-defined in Section 6.4. Training sessions accomplished 8 the intemet shall be charged at a training fee rate of $1,200 per day. Training days a based upon an eight hour day, which includes setup time. Should addition daily time be needed for implementation assistance beyond the standard eight hour day, this can be scheduled with the trainer for the ndard training rate of $130./hour. Should additional training days be requested beyond the number of days above, th-1, will be provided the rate of $130 per hour until June 30, 2005. Customer shall not be invoiced for any unused training days Any training re red beyond those days indicated above will be performed at the then standard per diem or hourly training rate. Training day c is are based on a maximum class size of 16 individuals (with a minimum of eight desktops with two individuals p r desktop). 1 Customer shall ve the right to adjust and reallocate the number of training days listed above, to better serve its particular needs. Customer's 11/03 - MAI Brazos County, TX 15 VOL 5 ' PAGE _)-3 APPENDIX 1 LICENSED SOFTWARE, TRAINING AND SUPPORT Cog s Report Writer - Without IWRS License Year 2 Training Training Fees * Maint Days Cost Bund F - 8 named users 1 $7,493 $1,499 Total $7,493 $1,499 *Incl des first year maintenance and support. **Se following section for Cognos training days and costs. ' lihcludes 8 named users as selected, in the aggregate of Impromptu User and 1 copy of Impromptu Administrator. ljnlimited Impromptu Runtimes, as needed, at no additional cost. Impromptu requires a NT or Novell Server. A "n coed user" means an individual who is authorized by the customer to use the software irrespective of whether that ' indiv al is logged on to the customer's Intranet. There is no obligation to identify a "named user" by name. "Impromptu Runt nie" means a contractually limited user version of Impromptu user with fixed, frozen catalogs which permits a user to view d print pre-defined reports but does not permit a user to alter existing reports or create new reports. Impromptu requi 4s a NT or Novell server. Recommended minimum for the desktop is 96mb of memory and 100 MHz. Cog ols software is licensed by Pentamation to the customer for use only with Pentamation applications and/or appli "tions developed by the customer which utilize Pentamation application data. Tele `one support for Cognos products is provided to the customer by Pentamation. License and/or maintenance agre rhents do not entitle the customer to access any Cognos technical support facility directly via either telephone or other eans of communication. Cogn Training Training Cost Per Training Days Day Cos Financ i Software 2.0 $1,200 $2,400 Total: 2.0 $2,400 Trainin uoted is for the Impromptu product and Impromptu Web Reports (IWR). If PowerPlay training is desired, it would be offer d at our regular per diem rates. Databa /Program Software # of License Year 2 Users Fees Maint Informi !5E Runtime (1) 8 $2,320 $ 320 Informi SDK (formerly ESQUC) (2) 1 638 200 Informi ~QL (3) 1 740 200 Four J' Noncurrent User License 40 11,400 2,600 Four J' erver Compiler 4 1 6,080 1,080 Total: $21,178 $4,400 *Include rst year maintenance and support. ' Mi lmum order of five (5). x R ires one per installation. 3 R fired for UNIX environment; customer only needs one user license. For NT it is bundled into the server engine. n R quires one per installation. A single user for the Four J's server compiler meaning that only one user can run the Fc t# J's compiler at a given time. The site is not limited to a "named user". The number of users is determined by c Current usage of the compiler only; multiple programmers can do program development work. Macinto sh clients require either a virtual PC emulator or a Four-J's client installed under Citrix. Costs are dependent on the number Of Macintosh clients required. stomer' Name: Brazos County, TX 16 '03 - M P 0189 vill s Pau -74 Cu 11 APPENDIX 2 IMPLEMENTATION SERVICES igration Analysis and Coordination' Cost Migration $20,000 10tal: $20,000 * Pentamation assigns each migration client Implementation Coordination Resources for each product area, stationed at Pentamation, to be the customer's focal point of contact during the implementation of our products. and Migration analysis and coordination services will be provided at a cost of $20,000. These services will include th :following: 1) D yelop and review with customer a preliminary implementation plan for the products and services outlined above. 2) Inttmal project coordinator of Pentamation implementation, custom programming, e gineering, and other staff resources. 3) R View and analysis of Government Resource Series and OPEN SERIES comparative fe tures and functionality. 4) Review, analysis, and detailed specifications of hardware and system software requirements. Customer' Name: Brazos County, TX 17 11/03 - MA $9 VOL ~ ~ PAGE ~s APPENDIX 2 Continued Data Conv, sion Migration Services- Financials Application Wiles File Build Method Conversion Cost Organization Chart Account List Project List Expenditure ridge Revenue Le oer Project Ledg t Pentamation will provide an extract program to pull information from GRS Fund Accounting and build PE3.0 budget files. $3,300 All Files Organization Chart Account List Project List Expenditure edge Revenue Le ger Project Ledg r General Led1or Mid Year Su Vendor File Asset Item T ble Category Ta lie Location Tat 1e Activity Table Department able Funding So 1~e Table Purchasing I kerface File Recommended data entry or building from HRM once HRM data is converted or entered. Files will be built when information is posted from Budgeting Pentamation will provide a convert and update option Conversion program will create a batch journal entry of summary year to date general, expenditure, revenue ledger, and project ledger Activity; requires general ledger conversion Conversion Program (including user-defined fields to user-defined screens) Conversion Program Conversion Program Conversion Program Conversion Program Conversion Program Conversion Program Will build. No conversion Customer' Name: Brazos County, TX 18 11/03 - M 9 VOL FAGS 2,600 1,920 1,600 1,500 File Build Method Reference les (does not i ude Pay Code or Range/Step Table) Employee F It Person File Payroll File User-Define .screens Pay Rate Conversion Cost Conversion Conversion Program Conversion Program Conversion Program Conversion Program Conversion Program Data Entry Recommended $2,400 Deduction FIB Conversion Program 1,000 YTD Earnin Deduction and Leave Balance Conversion Program 1,000 Payroll Inter ce Program to link GRS Payroll 1,800 Interface into OS Fund Accounting or OPEN SERIES Position C trot Position File Conversion Program 1,400 Note that the sign of Position Control in OPEN SERIES Financials is very different from that of Government Resource Se We will use the home organization and position number as the position code in OPEN SERIES Financials. Total: $18.520 Convert the i entical organization chart structure from the Government Resource Series into Budget Preparation in OPEN SERIES. This assum you will be retaining your six character key organization. Conversion costs are based on the customer running the data conversion grams and verifying the converted data. Additional costs will be incurred If Pentamation runs the conversions. Custom fields in the vemment Resource Series database may require a custom conversion at an additional cost. Retain your qurrent six character key organization, but rather than a data conversion, key the new organization chart during training. This elimin ts the need for a conversion. The OPEN OPEN SEF Data entry For all Fina orders will r summary e changes. Conversion purposes. are hereby Any files wt 11 /03 - RIES accommodates a 16-digit key. You may want to consider expanding or changing your current structure. The S accommodates level by level totaling. We encourage you to discuss the options available if you change the structure. ting training would then eliminate the need for a conversion. al applications, transactions and history will build on the new system and will not be converted. Outstanding purchase d to be re-entered in the OPEN SERIES software for mid-year processing. The mid year general conversion will create ties based on net activity recorded in each general ledger record and does not include encumbrance activity or budget ng is based on the standard implementation schedule attached hereto as Attachment "C" and made a part hereof for all parties agree that changes may be necessary which will be made upon agreement of the parties. Any such changes rporated into the final version of this Agreement. are not specifically listed in this document will require data entry or will build as the system is used. 19 Name: Brazos County, TX 2t -PAGE 77 APPENDIX 3 HARDWARE SERVICES peratin ystem and Services Cost Optio De On Studio $6,000 Installatio i$ervices 17,500 Informix 'transfer License 1,500 Informix Installation / Reconfiguration 2,000 Applicat qIn Installation 6500 Migrate to and/or Recompile 2500 4 Js Ins lation (16 PCs) 2000 Optio In > llation (1 Printer) 1000 Cognos *tallation (16 PCs) 2000 Total: Confi ra ' n Guidelines: (40 Users) HP 9000 *470 Dual 800mz CPU - (2) G13 Memory (6) 36 GB bard Drives in a RAID 0+1 configuration Redundan Power Supplies, Redundant Hot Swap Fans Dual Cha 'el RAID Controller Internal T It, o Drive, Dual 10/100/1000 NIC Unix Ope ing System Customer's 11/03 - MA Brazos County, TX 20 VOL ~ PAGE lb' APPENDIX 4 PAYMENT SCHEDULE 1. O EN SERIES Software License 25 due upon contract execution 75 d due 60 days after software is installed and demonstrable $10,075 $2,519 $7,556 2. In rmix and Cognos Database Software 28,671 25 due upon contract execution $7,168 75 ui due 60 days after software is installed and demonstrable $21,503 3. Ap ication Training/Additional and Supplemental Training 33,900.00 Du I nonthly as incurred; In the event that Customer determines that the SunGard trainer is unacceptable for r qns of lack of knowledge or experience, Customer may request a replacement trainer. SunGard shall make eve ` effort to accommodate such requests, recognizing that changes to the training schedules may result. In the eve f that re-training is required as a result of the above, Customer shall not be charged for such retraining. S and shall have a trainer at Customer's site when the Customer "goes live" with the system; schedule to be mu lly agreed between SunGard and Customer 4. Mitration Coordination 20,000 Dud upon contract execution 5. Tr vlel and Living Expenses (Estimated) TBD Due rjionthly as incurred 6. Dat 'Conversions (Estimated) 18,520 Due t onthly as incurred upon successful conversion 7. Uti Y Software 23,500 In ~allation and Integration 100 agdue upon successful installation of operational system Utili Software Support (Appendix 5e) 1,2,60 1 TO SAL: $135,926 Anal Maintenance and Support (Second Year) $21,784 Will invoiced in year 2 in accordance with the fees as set forth in Appendix 1 and 5e Customer's dame: Brazos County, TX 11/03 - MA$9 21 p" 54 PAGE ~1 APPENDIX 5(a) 0 Avolihttion Software Maintenance and INITIAL WJNTENANCE AND SUPPORT TERM: The Initial Maintenance and Support Tenn shall be for a periof one year commencing upon execution of this Agreement. INITIAL ENANCE AND SUPPORT TERM: For new applications licensed in this Agreement, the Initial Ma 'tenance and Support Term shall be for a period of one year commencing upon execution of this Agreement., For all migrated applications (indicated by $0 license fees in Appendix 1) the initial maintenanzp term shall be one year following the commencement of training. RENEWAL, MAINTENANCE AND SUPPORT TERM: Upon conclusion of the Initial Maintenance and Support T tm, SunGard shall continue to offer maintenance and support services to Customer, at the fees and for 4 terms specified in this Agreement, for seven additional one-year periods, (the "Renewal Mainten cue and Support Term"). If SunGard ceases to support the Software during this seven (7) year term, Cust er shall receive a 20% discount on replacement products. Upon conclusion of the Renewal Maintenance and Support Term, SunGard may offer maintenance and support s ces to Customer on a year to year basis, provided that SunGard shall give Customer one hundred e' ty (180) days written notice if SunGard intends to terminate maintenance and support services. A. Servic % to be Provided 1. 2. 4. Provide standard product enhancements when and as the same are developed by SunGard; SunGard shall make available to Customer one copy of such product enhancements or corrected programs as soon as it is available. Customer or SunGard at Customer's election and agreement to pay SunGard's professional fee rates, shall be responsible for incorporating such enhancements in each copy of the applicable SunGard Software licensed by Customer. SunGard shall support all enhancements written or developed by SunGard. Provide programming modifications and support for the regulatory software listed in Appendix 8. Modifications and updates will be provided and are limited to those which use data supported within the baseline application software and are required by regulatory changes. Provide assistance to Customer in the use of the SunGard Application Software via telephone inquiries to SunGard's designated software support offices up to the maximum number of hours per application as listed in Appendix 1. Should the total number of Support hours be exceeded in any one year, additional Support Service may be provided at SunGard's then current hourly rates. Telephone support services are available weekdays, excluding holidays, during normal business hours. Investigate errors in the intended capabilities of SunGard Application Software upon receipt of notification from Customer and provide Customer with an alternate procedure or programming modifications to correct errors. SunGard shall repair all damage to data caused by its Software errors, whether by omission or commission. SunGard shall distribute to Customer one copy of such product enhancements or corrected programs as soon as it is available. Customer or SunGard at Customer's election and agreement to pay SunGard's professional fee rates, shall be responsible for incorporating such enhancements in each copy of the applicable SunGard Software licensed by Customer. Customer' 11103 - MA Brazos County, TX 22 5 c F gc~ G of the above services will be provided by Internet or telephone communication contact between q<Gard and Customer. Customer will be responsible for all data line telephone charges involved Oroviding Application Software Maintenance and Support and SunGard will invoice Customer at B. 2. 4. 6. C. The Customer will be responsible to provide reliable access to the CPU(s) via the Internet (SSH or VPN/FTP or CTTRIX access to each server), a dedicated dial-up telephone line with a diagnostic modem of SunGard specifications on the Customer's computer equipment and a system login with privileges on the database and application files . Configuration of or changes to system services on configuration files will be coordinated with a Customer System Administrator. Internet access is essential for SunGard's support resources to be fully utilized and will be the primary connectivity medium. If the Customer is unable to provide Internet access as specified, standard response times may be compromised. The Customer will be responsible to provide a CD, 4mm DAT or DLT drive which will be used to install new software releases, updates, enhancements, etc. Customer agrees that if the Customer has application software changes or screen changes made by non-SunGard employees, this may affect SunGard's ability to perform its obligations hereunder or may result in extra charges by SunGard. Services necessitated by problems caused by unauthorized Customer changes, acts of God, or Customer's improper use of the systems or equipment, or other causes beyond SunGard's control may result in extra charges by SunGard. Customer will designate, by name, a limited number of individuals for the purpose of logging calls with Pentamation central support. Customer will appoint one of these individuals to serve as central liaison between Pentamation technicians and other named callers or Customer end users. The Customer is obligated to fulfill the responsibilities of system administrator as defined in Appendix 7. This may be accomplished as part of the central liaison's job responsibilities or by contracting with SunGard for Remote System Administration Services. Customer will be responsible for acquiring any necessary Microsoft Customer access licenses for its workstations used in conjunction with SunGard's application software products as listed in Appendix 1. m Requirements. SunGard solutions are designed to function at optimum levels when rated with dedicated hardware resources. The addition of non-SunGard provided software adversely affect the performance or functionality of the SunGard provided applications. rdingly, SunGard will not be responsible for system malfunctions or loss of functionality d by the addition of non-SunGard provided applications or utility software. SunGard has ssed with Customer the programs it is currently running on the hardware to be used for the sed Systems and is of the opinion such programs may be an acceptable addition to the ated hardware, but could cause conflict for processing priority. Corrective measures for actions caused by such additions will be at the option of SunGard and will be billable at rard's then-current hourly rate. Customer' dame: Brazos County, TX 11/03 - MAs{O 23 PAGE it Application Software Maintenance and Support Fees do not cover: 1. 2. 3.1 4.1 Customer 11/03 - MA Altered, damaged, or modified software; Errors or problems in the software caused by negligence, abuse or misapplication of the software, by hardware malfunctions or by failure to adhere to the software utilization guidelines as specified in the SunGard-supplied User Documentation and/or as provided for during SunGard-supplied training; Software errors arising from bugs, modifications, updates to the operating systems, database(s) or other software not furnished by SunGard; or Software performance issues resulting from changes in the Customer's hardware or operating environment not supplied by or performed by SunGard. Brazos County, TX 24 '~'JrL 54 PAGE APPENDIX 5(e) A. Telephone Support Services telephone access to SunGard's System Software Support personnel who provide timely to usage questions, assist Customer on installing updates and resolve occasional software as. This service is available between the hours of 8:30 a.m. and 5:00 p.m. EST, Monday i Friday, excluding SunGard honored holidays. T e above services will be provided by Internet or telephone communication contact between S Gard and Customer. Customer will be responsible for all data line telephone charges involved in providing telephone support services and SunGard will invoice Customer at cost. B. C. Customer will have access to on-site support. On-site support will be provided at the current p dished per diem fee plus all travel expenses. All fees will be rounded off to the nearest 1/2 day. A day is defined as 8:00 a.m. to 5:00 p.m. local time, Monday through Friday, excluding SunGard h red holidays. All on-site support time outside these hours will be charged at SunGard's then Ctent hourly rates for System Software. 1. The Customer will be responsible to provide reliable access to the CPU(s) via the Internet (SSH or VPN/FTP or CTTRIX access to each server), a dedicated dial-up telephone line with a diagnostic modem of SunGard specifications on the Customer's computer equipment and a system login with privileges on the database and application files. Configuration of or changes to system services or configuration files will be coordinated with a Customer System Administrator. Internet access is essential for SunGard's support resources to be fully utilized and will be the primary connectivity medium. If the Customer is unable to provide Internet access as specified, standard response times may be compromised. Customer' Name: Brazos County, TX 25 11/03 - MA 69 VOL 5 4 PAGE 8 3 2. 3. 4. 5. nt 1 Customer's 11/03 - MA( The Customer will be responsible to provide a CD, 4mm DAT or DLT drive which will be used to install new software releases, updates, enhancements, etc. Customer will be responsible for the activities listed in the System Administrator responsibilities in Appendix 7. Customer will be responsible for the costs of travel, lodging and related expenses for training and support provided by SunGard to personnel at Customer's location. Services necessitated by problems caused by unauthorized Customer changes, acts of God, or Customer's improper use of the systems or equipment, or other causes beyond SunGard's control may result in extra charges by SunGard. Product Description Serial Number Unit Charge Total Charge Optio $1,260.00 $1,260.00 : Brazos County, TX 26 VO L 5_t PAGE 83 0 APPENDIX 6 CUSTOM PROGRAMMING SERVICES 1. A. $unGard offers custom programming as an optional service to the Customer. When the Customer requests the service, SunGard will provide written specifications and a fixed cost estimate for the work to be performed. As of the date of this Contract, Customer has identified certain custom programming it anticipates needing at this time and SunGard has estimated the cost of such programming as set forth on !Attachment "D" which is attached hereto and made a part hereof for all purposes. The Customer is granted a non-exclusive, non-transferable perpetual license to the customized software and source program code. annual maintenance and support service for custom software is provided at SunGard's current annual rcentage of the standard charge for programming the custom software. This maintenance and support ervice provides on-going telephone support, bug fixes, and upward migration to new releases for custom 2. nGard retains ownership of all custom-developed software and may, at its discretion, include the software future releases of standard products. A. §unGard will provide a written cost estimate for the work to be performed subject to a not-to-exceed 10% ariance. This estimate will be based on mutually agreed to specifications. B.unGard will install, with prior approval of the Customer's IT Department, the software via modem with Oiagnetic media back up with hard copy instructions provided for Customer installation. C. $unGard will provide telephone instruction and additionally by webex in the use and features of the custom-developed software. D. $unGard will provide standard programmer and end user and system documentation. E. 3unGard will test all modifications for anticipated conditions using test data or data provided by the Customer. F. SunGard will provide source code for all custom-developed programs. G. $unGard will warrant software to perform as documented in the written specifications. H. $unGard will provide phone and technical support as well as any additional programming to implement the custom-developed software in a minor release of a standard application software product, in the same Oianner that it maintains and supports licensed applications hereunder. 3. A. Customer will review SunGard-provided specification documents for errors and omissions. After programming has started, project changes due to policy change, or incomplete, or erroneous specifications array increase the cost of the project. B. Customer will test all custom-developed software after installation on the Customer's hardware before Oanning in a "live" production environment. C. Customer will reimburse SunGard for all reasonable travel and living expenses, at the Customer's per diem travel rate then in effect, if a site visit is required. D. Customer will retain a copy of the modified source code on the Customer's machine in the event future Modifications are required. 4. Cust finer shall have a 45-day period immediately following delivery of the custom programming project to test and ` . fy that it functions in accordance with the specifications. Any defects identified by Customer shall be repo d to SunGard for review and correction. If no defects are reported, payment is due at the end of the 45-day tes ' period. If defects are discovered and reported to SunGard, payment is due as soon as defect(s) are 1 /03 - 11/03- Name: Brazos County, TX 27 Name: V01, PAU 94 APPENDIX 7 SYSTEM ADMINISTRATOR JOB RESPONSIBILITIES Effective stem Administration is the key to a successful installation and smooth on-going system operation. System Administration personnel will be the focal point for communications between your organizati m and SunGard, and will handle the daily operation of the system. System A nistrative personnel should have or possess the potential to develop the following knowledge and skills: - Gener d understanding of computer systems' architecture and configurations; recognizing such pieces of hardw e as CPU, memory, peripherals, scanners, etc. - Under Viands general computer concepts such as relational database, operating systems, application softw ' , word processing, and fourth generation languages. - Excell tit verbal and written communication skills with administrators, programmers, and system maint Vance personnel. - Understands the importance of data integrity and security (file backups and password control). - Under tends what your organization requires from each application. Customer ~ystem Administration responsibilities include, but are not limited to, the following: Sole r lponsibility for communications with SunGard Support personnel. Provi first level support to end users. Upgrade system software in conjunction with SunGard and the computer hardware manufacturer. Mana d workload effectively. Train Ow staff on software packages. Train Upartment personnel to use Report Writer. Maint Documentation. - Diagn $e and resolve minor hardware problems. * Configure and maintain PC Customer software. * Monit # operating system and modify operating system parameters as required. * Monit t hardware reliability, check error logs, and initiate corrective action when warranted. * Add, lete, archive, and maintain configuration of users (for example, to access specific software packa os), and maintain user environments. * Create print queues or virtual printers. * Confi `re communication port(s). Customer's Name: Brazos County, TX 28 11 /03 - MA ffi9 V 5q PAGE 8S * Set or modify IP address. * Devel p backup strategy, setup backup procedures, verify backups and restore files or file systems as Perform backups. Maint in on and off site storage of backup media. * Creat and maintain cron jobs or other batch processes. * Creat and maintain printer configuration and setup. Maintain access to server(s) for support (i.e., Internet and backup modem access). * Monitor system performance and tune operating system parameters for maximum efficiency. * Monitor' disk and file system utilization/permissions and adjust to meet site requirements. * Create or modify default gateway. * Verify Software licensing. Maint ' currency on support agreements. * Install Operating system patches. Install configure and maintain Sendmail. Install microcode or firmware updates as required. Install f reinstall operating system as required. Reco pile applications as required. Evalu tie; application software utilization and setup. * Maint database security and access/permissions. * Backu land restore specific databases or entire database environment. * Backu 'land restore specific tables within database(s). * Import or export databases as required. * Perfo checks for data consistency. * Monit t and modify data allocation. * Monit f database performance and adjust as required. * Add space. * Create Wst (or other special purpose) databases as required. * Verify software licensing. Maint " currency on support agreements, software licensing and documentation. Install ';reinstall database software as required. Customer's Flame: Brazos County, TX 29 11/03 - MA *9 Ensur, data and equipment security (physical and electronic). Moni system access via modem or Internet. * Invest gate attempted security breaches. * Monit application software utilization and setup to ensure authorizations are administered correctly. * Monit file and database permissions and accounts. SunGard fers telephone support agreements for operating system, database and utility software packages t~ assist the Customer system administrator in the execution of basic and advanced administrative functions. For Customers who contract with SunGard for these services, we will provide additional assistance (via remote Internet or dial access) for the basic functions designated with an asterisk an the above list for the first six months subsequent to installation (operating system, database software, utility software, application software) by SunGard. After six months, Customers who do not contract with SunGard for Remote System Administration Services will be invoiced on a per-call basis when Sun and is required to perform basic administrative tasks via remote access on behalf of the Customer ystem administrator. Customer's 11/03 - MA( Brazos County, TX 30 VOL 5+ PAGE. g 7 APPENDIX 8 REGULATORY SOFTWARE Note: applice govern federal Custorr 1103 - 11/03- The The following programs/reports are included with the OPEN SERIES Financial System: Federal Requirements: Federal 941 Report Calculate Tax on Group Life Insurance Over $50,000 Financial Report Writer 1099 Reporting 1099-Misc 1099-R (retirement) 1099-Int 1099-G W2 Processing EE04 Report FLSA Processing State Requirements: Criminal History Check Report Employee New Hire (ENHRP) Report Employment Commission (TEC) Report the output provided for these reports includes data and totals, supported within the i' n software, which are required by your organization to complete the mandated ent form. This data will be formatted correctly for electronic submission when the state or gency requires electronic submission. Brazos County, TX 31 ro 5 g$. APPENDIX 9 TO OPEN A. B. Customer': 11103 - MA Although the OPEN SERIES software applications are being used successfully in a live. environment at many customer sites across the country, there is some functionality which was provided in the Government Resource Series software which is not available in the new OPEN SERIES software. See Attachment A for a list of these features. For your reference, Attachment B lists features which are provided in OPEN SERIES software which were not available in Government Resource Series software. The purpose of the Customer identification of functional requirements is to verify that the software will meet all of your requirements and to identify areas which may require procedural changes or custom modifications. ) Customer acknowledges they have reviewed the list and notified Pentamation of any issues. Customer will sign the Functional Requirements Checklist for each application noting any issues that were encountered and return to Pentamation no later than 30 days prior to live processing. In the event that the Functional Requirements Checklist is not returned to Pentamation, Customer acknowledges that there are no issues with regard to this item. 4e to the design differences (database structure, program logic, etc.) of the Government lesource Series and OPEN SERIES applications, previous Government Resource Series astom modifications cannot be automatically converted into the OPEN SERIES applications. required, previous Government Resource Series custom modifications can be rewritten for le OPEN SERIES at a cost which will be identified and addressed as follows: Customer will be responsible to review current custom software and custom reports to identify any custom modifications which will be required for the OPEN SERIES product. Customer will provide Pentamation with written detailed requirements on a Request for Custom Programming Enhancement form, attached. Customer will determine based on the preliminary estimate whether or not to proceed with a custom modification. Return of the preliminary estimate signoff is Pentamation's authorization to prepare detailed specifications. e: Brazos County, TX 32 5`f AGE 7 .4 v 1, Customer will approve the detailed specifications and a proto type based thereon, indicating that the modification proposed will meet the requirement. C. Custorr 1 /03 - 11/03- Customer Customer will test any modifications in a test environment within 30 days of receipt to determine that the project performs according to the agreed upon specifications. Note that this testing must occur in a test environment to eliminate the possibility of causing data corruption with the newly written modification. In the event that modification would corrupt another program, SunGard would re-mediate the defect at it's expense. The OPEN SERIES Systems use standard forms (such as checks, bills, etc.) which are different from the Government Resource Series software. These include: Fund Accounting AP Checks Purchase Orders Human Resources Payroll Checks Receipts Manager Receipts Customer must decide whether to request a custom modification so they can continue to use the existing form stock or whether to use the OPEN SERIES standard format. If a custom modification is required, the steps above should be followed. to the design differences (database structure, program logic, etc.) of the Government arce Series and OPEN SERIES applications, Customer will need to rewrite any rnment Resource Series user-defined reports that will be required for the OPEN SERIES ict. This includes but is not limited to IQ and Ace reports. Pentamation resources can be available to assist with this effort on a time and materials basis. me: Brazos County, TX 33 b < { 5`( FAGS- 90 Attachment A This list i may need standard l There ma, 1. 2. 3. 4. Unli 5. Unli F Features in Government Resource Series NOT in OPEN SERIES provided for your information and to assist you with determining areas of the software which to be included in your testing. We have attempted to identify features that we provided in the iovernment Resource Series software which are not included in OPEN SERIES applications. be additional features which have been overlooked. ime Card entry ie Analysis report al Interface in Detail Mode (Detail distribution file maintains detail but posts to financials in y mode.) ed number of special pay codes for an employee (California only). :ed number of exempt deduction codes on the pay code table (California only). 1. . Expe iture comparison report - sort window 2. Reve e and Expenditure Status Query - summarize 3. Disc tint balance on encumbrance screen 4. Pool (4 Cash Ledger 5. Abili to close a period and/or year 6. Abili to exclude accounts with zero balances on reports 1. Calc ate future year budget based on approved budget 2. Calc lte benefits remaining for current year 3. Refi 0 Budget Worksheet - display account title 1. No identified Customer' lame: Brazos County, TX 34 11/03 - MAW 51 F, ~ V Attachment B Features in OPEN SERIES NOT in Government Resource Series 1. S `gle database 2. Ir. proved Security (views) 3. Ohu Manager - add custom features 4. R Ports to screen, file, printer or alternate printer 5. Ir. user-defined screen 6. O ional graphical presentation 1. Tic red deductions 2. S Vings bonds 3. F tyre changes 4. E dumber salaries 5. F l Time Equivalents (FTE's) 6. E loyee Worksheet ("what if' scenarios) 7. S and pay check per employee in same run 8. R ge - 99 steps 9. C ifications 10. L `ve rollover limit 11. T z► leave banks 12. U Ito 20 pay rates per employee 13. S pJarate FICA and Medicare fields 14. C search timecard by employee name 15. C ck location code 16. tiple taxing options on timecard 17. A Opndance tracking 18. C *ndars used for attendance checking 19. Q ~ry on any field of employee screens 20. S arate city, state fields on employee record 21. M ' ual check refund over-withheld taxes, deductions 22. A 4omated salary increase option 23. T ks annual salary 24. E loyee deduction summary screen 25. S amlined pay run including stored pay run information 26. P oll job stream reports can be run in background 27. P oll job stream reports indicate check date, pay number, and employee number on each report 28. S lurity on individual employee screens 29. P rate history 30. S iority screen 31. roved 941 report format 32. M thly deduction register by vendor 33. A True comp time by user-defined factor 34. P tt a check register including manuals and voids 35. R 4istribute salary charges 36. P t organizational charge and benefit charge reports selectively by pay run Customer' Name: Brazos County, TX 35 11/03 - MAW 1. Org 'zation - 10 levels 2. Year pecific Organization Chart 3. 16 c racters for lowest level of organization 4. Org zational levels need not be hierarchical 5. Opti ally pre-encumber requisitions 6. Mult ' le payable addresses 7. AP ecks by Invoice, PO, Batch 8. JE R tort 9. Batc udget transfer 10. Opti al user-defined account entry window 11. Dele inactive vendors 12. Clea hecks by date 13. Doc ent control number 14. Prior ear organization field 15. Ven address - separate city, state fields 16. Use t functionality for vendor payments 17. Over a vendor number auto-assign 18. Ven by commodity class 19. Desi 'ate employees as vendors 20. Disc nt report 21. Addi ' nal control accounts in profile 22. Vend Audit report 23'. Clos o Fund Balance 24. Abili to lock database during check processing 25. User 4pecified sort and totals on some reports 26. Opti l - "warn" or "require" receipt of goods prior to payment 27. Fixe ssets interface includes check number 28. Auto atic "inter-fund" balancing of JE's 29. User elect default of partial/final flag in AP entry 30. Addi i t nal security resource to add or delete a vendor 31. Conti 1 overpayment of an invoice by a percentage and/or an amount 32. Detai ~d warehouse charge option in expenditure audit trail 33. Link ganizations to a project 34. Inact ate expenditure accounts 35. Optic to start "new year" journal entries with a user-defined number 36. Allo ystem to automatically assign number to budget transfers and start new year with a user- defin number 37. Optic to default vendor, invoice number, invoice date, and due date from previous transaction withi , no PO payment menu selection 38. Abili ' to disallow by yes/no flag the usage of the account in requisition/PO charges payroll char , ! , and warehouse charges 39. Auto tically record system-voided checks and reflect all voided checks in AP check register Customer's Name: Brazos County, TX 36 11/0 3 - MA $9 5';n" 93 1. Co odity table - bid information 2. Two lternate approvers 3. Item proval 4. Can Iditems to existing PO 5. Next fear requisitions and PO's 6. Impr Ved query capability 7. Spec ly fixed assets by account range 8. Location code or organization for approval 9. Charge vendor on PO 10. Print 4ate of change order on the change order 11. Repr t purchase order with change order information included - optional 12. Mod unit of measure and stock number in change option 13. Supp a separate auto-number series for next year PO's 14. Inte to change orders in reports and displays 15. Distr Ute requisition, PO, and change order items by quantity 16. Vend dr quotes 17. Opti 4 - set length of requisition and PO numbers and zero fill 1. AM to freeze at a defined level - Department, Recommended and Approved 2. User ecified sort on some reports 1. GAS 34 1 2 Customer': 11/03 - MA lazed Receipting capability ,dn report viewer for all print options that allows the user to view reports on the screen : Brazos County, TX 37 s N m 0 N D D n N m m m m v o v 0 ~ -o -o -n m n a! 3 d 3 3 N m W <D N L) v X R 7 m o v p v ao g ° m :3 ig I's 5 i 7 f fD 7 M E t.: T o C a~ ct _0 s! Cam" Q 7 K 4 o -7• ° ' ' fir' m,, G) o we ao 5 M FD7 0) (C) Q N r 7 W o m ~ ; C CD r a'~ fil• O s O O?1: s Cl) O IW 4 4 CA V V co W 0(0 Cp W O A" t t A t W (p N (p N N 90 y ' O ~ c W 0 (D M N ~ (0 (D °Z ID A A A A A A 7m m m m m C D y Y ° W4, lp -I tb, O O W O N O ;4 Oo O lp O Co c c c d c c c ' m y m m u~ : b b o o ; 4 b b o A b A o A A A - IA A A - A A @ 1 7 7 m 7 tD 7 N 7 7 ~j fD : 7 ~ f D 7 ( 7 W 7 fD 7 ~ 7 fD 7 W 7 fD . 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O r 6* PAGE 97 wD, 0 ~I r* u 3 0T O a a~ ~i p 0 = n 3 O 7 O O T G1 n 3 N n 7r' N O N C N Z O r« v v cr (D Z EA rn O 0 0 0 a =1 O CD o ( : O 0) ~ C D < N O O 0 Q CL 0 N V 0 d a 5' l (D 3 5' 0 O X ID 7 = O " y CD 3 Occ a' v CD O O C ~ N PARTNERSHIP AGREEMENT Workforce Solutions - Brazos Valley Board Brazos Valley Council of Governments ev Workforce Development Area Chief Elected Officials This agr ecj~ent is entered into between the Chief Elected Officials of the Brazos Valley Workfo ivision, Workforce Solutions - Brazos Valley Development Board, and the Brazos Valley Co cil of Governments. Whereas, a Workforce Solutions - Brazos Valley Board (Board), formerly known as the Brazos Valley W kforce Development Board, is duly certified and approved by the Governor of the State of T as as the entity in the Brazos Valley Workforce Development Area with the responsib' ty to provide policy, planning, oversight, and evaluation of programs funded through state and eral workforce funds; Whereas, a Brazos Valley Council of Governments (BVCOG) currently serves as the selected and approGrant Recipient/Fiscal Agent and Administratative Entity for the Workforce Solutions Brazos Valley Board; Whereas, e Brazos Valley Council of Governments currently serves and has successfully served as ff to the Workforce Solutions - Brazos Valley Board; Whereas, a Chief Elected Officials of the Brazos Valley Workforce Development Area, the Workfor ;Solutions - Brazos Valley Board, and Brazos Valley Quality Work Force Planning, Inc. wish , e Brazos Valley Council of Governments to continue to serve as Staff to both organizati ; Now the ire, be is resolved that in order to assure, to the extent feasible, an effective and productiv orkforce development and economic competitiveness program in the designated Brazos V ley Workforce Development Region of Texas, the Chief Elected Officials of the Brazos V ey Workforce Development Area, the Workforce Solutions - Brazos Valley Board, and the B os Valley Council of Governments do agree and affirm as follows: There is e Chief Ele Brazos V. covered u amended, nt and Purpose of Partnership fished hereunder a Brazos Valley Workforce Development Partnership between the Officials of the Brazos Valley Development Area, the Workforce Solutions - Board and the Brazos Valley Council of Governments whose purpose shall be to ;rcise the local/regional authorities over the workforce development programs the terms of the Texas Workforce and Economic Competitiveness Act of 1993, as to assure to the extent feasible within the appropriated resources, that the 54 W"t 10 residents, inesses, and employers of the Brazos Valley of Texas have access to and receive the highes uality of services designed to prepare individuals for productive employment, and to provide a loyers with a productive and competitive workforce. Power & Authorities For the p ses of the Partnership created hereunder, the Workforce Solutions - Brazos Valley Boards II exercise the following powers: Joint Po rs Annual pl for the operation of the Workforce Solutions - Brazos Valley programs shall require ap val of all parties prior to submission to the appropriate state and/or federal Any plan 'contract amendment that would require securing financial commitment from another party's bu et would require written approval from the affected party or parties prior to execution. Any amen ent to this Partnership Agreement shall require the approval of all parties to have force and ect. Separate owers of the Workforce Solutions - Brazos Valley Board The Wo rce Solutions - Brazos Valley Board will provide for the planning and oversight of all workf a training and services, and for the evaluation of all workforce development programs ded through the Texas Workforce Commission. The Wo rce Solutions - Brazos Valley Board will have the authority to approve all program plans and bstantive plan amendments, as stated above. The Wo rce Solutions - Brazos Valley Board will have the authority to procure and award contracts the delivery of workforce services. Separate owers of the Chief Elected Officials The Chief lected Officials shall have the sole and exclusive authority to appoint the members of the World Solutions - Brazos Valley Board, according to the distribution of Board seats set forth in th ylaws of the Board. The members shall serve at the pleasure of the Chief Elected Officials, d may be removed by a majority vote of the Chief Elected Officials. The Chief ected Officials shall approve all plans and plan amendments for the delivery of workforce gaining and services required by state and/or federal authorities as follows: 1. I*oard plans shall be prepared with the assistance of appropriate staff and in 0onsultation with the Chief Elected Officials. 2. re proposed plans shall be presented for review and discussion with appropriate icials and authorized representatives of the local Texas Workforce Commission, Page 2 of 2/25/2004 3. 4. 5 6. 7. Staffing The Braz( Workforc support of policies the Bo for the 1. public and proprietary schools, the Texas Department of Human Resources, and other affected entities, agencies and organizations. Public notice shall be given on the proposed plans to receive additional comments, puggestions, and recommendations from the general public and any other interested or affected agencies, organizations, and persons. The Board of Directors of the Workforce Solutions - Brazos Valley Board or Oesignated staff shall keep the Chief Elected Officials informed of all meetings, public hearings, and activities regarding the plan. The plans will then be considered by the Board of Directors of the Workforce (Solutions - Brazos Valley Board formal approval, and then submitted to the Chief !Elected Officials for approval. Following the approval of the Chief Elected Officials, the local plans will be Submitted for review by the Texas Workforce Commission and the Texas Council on Workforce and Economic Development for their recommendations to the Governor for approval. Any changes, revisions, or recommendations made by the Texas Workforce (Commission, the Texas Council of Workforce and Economic Development or the )Governor to the plan shall be made, as needed, by the Boards of Directors in consultation and subject to the approval of the Chief Elected Officials. for the Board Valley Council of Governments is hereby designated as the Staffing Agent for the Solutions - Brazos Valley Board to perform those staff functions as necessary for he Board in fulfilling its duties and responsibilities. The Brazos Valley Council of its will serve at the direction of the Board to facilitate and carry out its program in objective, efficient and effective manner. The Brazos Valley Council of is is responsible for, but may not be limited to, the general management and ion of Board activities, implementation of Board policies, and for general support of More specifically, the Brazos Valley Council of Governments shall be responsible and Hiring Staff. The Brazos Valley Council of Governments shall be le for the recruiting and hiring of the staff necessary to carry out its duties The staff shall be employees of the Brazos Valley Council of cnts, which shall be solely responsible for all staff payroll and employee 'roviding Office Space and Supplies. The Brazos Valley Council of Governments twill be responsible for providing adequate space and supplies for staff for the Boards. 2/25/2004 VOL ~54 'AGE /d/ Every attempt will be made to provide comfortable and safe surroundings in which the work may be conducted. 3. 4. 5 6. 7 8. The Brazo Agent and implement The desigi the adnik of the Woi disbursem include: 1. 2. Page 4 of Assisting in Board Planning. The Brazos Valley Council of Governments may assist In the development of the strategic, operational, and integrated planning of the Boards In order to meet their goals and objectives. rocessin Board Memb rshi . The Brazos Valley Council of Governments will participate as necessary in monitoring of appropriate Board membership and in the recessing of replacement of Board vacancies in compliance with Board Bylaws. procuring Board Services. The Brazos Valley Council of Governments will be esponsible for the procurement of workforce area services in compliance with the acceptable state and federal procurement and contracting practices. Developing and Im lementin Financial Safeguards. The Brazos Valley Council of overnments will implement financial safeguards to prevent the misuse of funds by Oontractors, subcontractors, or other recipients of workforce funds. Ponducting Program Performance Evaluations. The Brazos Valley Council of Clovernments will assist the Boards in procuring, if necessary, an outside evaluation ,firm, organization, or agency to evaluate the effectiveness of programs and their delivery. Providing Other Appropriate Activities. Additional activities, which further the goals end objectives of the Boards, will be undertaken as deemed reasonable and necessary by agreement of the Brazos Valley Council of Governments and the Workforce golutions - Brazos Valley Board. >n of Grant Recipient/Fiscal Agent and the Administrative Entity Valley Council of Governments is hereby designated as the Grant Recipient/Fiscal he Administrative Entity for all workforce programs and adopted program plans for tion for the Workforce Solutions - Brazos Valley Board. d Grant Recipient/Fiscal Agent and Administrative Entity shall be responsible for Ltion of all programs developed and operated within the region under the provisions orce Solutions - Brazos Valley Board, and for the financial management and of all funds received in the region for the support of such programs. Its duties shall Procurement and evaluation responses resulting in specific recommendations to the ~oard for the execution of grants and contracts, including receipt of funds; gecommendation to the Boards for the award of subcontracts for the provision of the i ervices set forth in the Annual Plans for covered programs that have been approved in accordance with the Joint Powers provision above; 2/25/2004 I 4. 6 7. 8. 9. Liabilities programs and as am, under the liability sh of their fai Audit The de annual Management, administration, and oversight of subcontracts and subcontractors' performance, except for including contracts for planning, evaluation, and monitoring. Payment of all authorized program expenses, whether for staff or administrative services, participant support costs, authorized subcontracted services, participant Ivages or stipends, or other costs incurred in the implementation of programs. 5. mbursement of any questioned or disallowed costs will firs be demanded from the contractor where the costs occurred, with the Grant Recipient/Fiscal Agent and the ministrative Entity being accountable for any short fall from the subcontractor, and costs over and above the Grant Recipient/Fiscal Agent and the Administrative ity's ability to cover being subject to Administrative Law; Maintenance of financial and participant information records; Preparation and delivery of such reports and invoices for funds as are required by the state and federal rules, regulations, and administrative policies applicable to the program covered under the statutes; paration of a budget for Grant Recipient/Fiscal Agent and the Administrative :11ef .ty for consideration by the Workforce Solutions - Brazos Valley Board and the Elected Officials. Use of exclusive power and authority to procure service providers for services authorized in the adopted and approved annual plans for the covered programs, xcept for contracts for planning and/or monitoring and evaluation services, as provided in the Separate Powers of the Boards; and Provision of other duties that may be required by changes in state and/or federal rules, #egulations, and/or policies that are applicable to the covered program. any and all damages or claims whatsoever arising from the operations of the ered by the Texas Workforce and Economic Competitiveness Act, Senate Bill 642, led by House Bill 1863, and the adopted program plans in the Brazos Valley region visions of the Partnership Agreement shall rest with the designated Grant cal Agent and the Administrative Entity, the Brazos Valley Council of , and the Chief Elected Officials, and applicable rules and regulations. No such accrue to the members of the Workforce Solutions - Brazos Valley Board by virtue ul adherence to the provision of this Partnership Agreement. Grant Recipient/Fiscal Agent and the Administrative Entity shall provide an and compliance audit, conducted by an independent auditing firm covering all Page 5 of 2/25/2004 VO PAGE. 103 . programs ervices and funds received and expended under the terms of this agreement to the parties he to, to the Chief Elected Officials of the Governments of the region, and to the appropria ' state and/or federal authorities. The Board must execute the contract for the annual audit and 1 audit reports must be submitted to the Board. Term an ' Termination The norm term of this Agreement shall be for five years from the date of its adoption and execution all parties hereto and its execution by the Executive Director of the designated Grant Rec ient/Fiscal Agent and Administrative Entity. Any prior termination of the Agreeme hall be by mutual agreement of all parties. This agreement as executed shall remain in effect d g any interim period between the expiration of this Agreement and the adoption of a succes Agreement. Resoluti o of Disputes Any disp s shall be resolved through a conference between the Chief Elected Officials and the Workfo olutions - Brazos Valley Board. The Chief Elected Officials shall review and make the final d ision regarding the dispute. All decisions made by the Chief Elected Officials are final. If any pro ion of this agreement shall be held to be invalid or unenforceable for any reason, the remaining rovisions shall continue to be valid and enforceable. If any provision of this agreement invalid or unenforceable, but that by limiting such provision it would become valid and enfo ble, then such provision shall be deemed to be written, construed, and enforced as so limited. ADOPTE APPROVED AND EXECUTED BY THE CHIEF ELECTED OFFICIALS OF THE B OS VALLEY WORKFORCE DEVELOPMENT AREA, THE WORKFORCE SOLUTIO S - BRAZOS VALLEY BOARD, AND THE DESIGNATED ADMINISTRATIVE AND G RECIPIENT/FISCAL AGENT, THE BRAZOS VALLEY COUNCIL OF GOVE NTS EC 1, 2004. l~ Hon. Rand s, Brazos County Mr. Bill Whitaker, Chair Chief El Official Workforce Solutions - Brazos Valley Board Date B Hon. I McNeely, Madison ounty Chief Eleci4d Official Date Date Tom ilkinso , ve Director Brazos ouncil of Governments Date Page 6 of q ; 2/25/2004 VOL 54 PAGE I0'~ INTERSTOR DESIGN ASSOCIATES, INC. MAINTENANCE & SERVICE Preventive Maintenance consists of those precautionary services performed on equipment covered in this agreement other than emergency or unscheduled service calls with the primary purpose of preventing the equipment from being out of normal operation. Extended Service consists of requested, unscheduled service calls from the date of contract and continuing for twelve (12) calendar months. SERI E TO BE Inspection & Testing of- PER] I~RMED BY AUT RIZED *Mechanical Assist Chain Tension Adjusters FAC RY-TRAINED *Safety Features PER NNEL *Electrical Wiring & Switches *Mechanical & Logic Controls *Anti-tip Devices *Carriage Limit Switches *Safety Floor Plungers *Safety Sweep Switches *Safety Bar & Safety Eyes *Sequential Carriage Indexing (Electric) Lubrication & Adjustment of *All Moving Parts, Chains & Rails *Limit Switches General Maintenance & Cleaning o£ *Floor & Tracks *Face Panels & Controls MILK Customer is responsible for foreign matter and debris that NSIBILITIES fills into areas that may hinder or damage and result in equipment failure. Components of the equipment or system installed by people other than 1NTERSTOR DESIGN ASSOCIATES, INC. is the responsibility of the customer, this includes defects in other manufacturer's products. The customer agrees to give reasonable notice for normal hours servicing. VOL 5+ riq a5 1 nterStor DESIGN ASSOCIATES, INC. INFORMATION & MATERIEL MANAGEMENT SOLUTIONS Pr entative Maintenance and Extended Service Agreement DATE TYPE OF AGREEMENT CUSTOMER ORDER NO. CONTACT: PHONE 3-10-04 NEW RENEW X 15-7371SMA WAYNE DICKIE 979-361-4168 CUSTOMER Service Will be Performed at: - BRAZOS COUNT SHERIFF'S DEPARTMENT 1835 SANDY POINT RD. , 300 E. 26th . #314 BRYAN , TX 7 A 803 T FROM TOTAL ANNUAL AMOUNT , E 5-25-04 R M TO 5-25-05 $225.00 EQUIPMENT UNDER SERVICE TYPE OF EQUIPMENT MODEL AMOUNT MOBILE FILIN /STORAGE SYSTEM AUDITORS OFFICE MECHANICAL ASST. W/3 CARRIAGES 225 .00 SPECIAL CONDITION SALES TAX - EXEMPT TOTAL COST 225 .00 Purchaser agr s that this Order includes all of the terms and conditions on both the face and reverse side hereof, that this Order cancels nd supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the to s of the agreement relating to the subject matters covered hereby, and that THIS ORDER SHALL NOT BECOME BINDIN UNTIL ACCEPTED BY DEALER OR HIS AUTHORIZED REPRESENTATIVE. Purchaser by his execution of this 0 leer acknowledges that he has read its terms and conditions and has received a true copy of this Order. Approved By: INTIERSTOR DESIGN ASSOCIATES, INC Address City/State By: Date Signed Service DESIGN ASSC service period. 10, 2004 Customer's Acceptance - Sign name below. Send I contract to INTERSTOR DESIGN ASSOCIATES, INC. Comnanvfnme --J3RAZOS CO SHERIFF'S DEPT By: Title Date 1r/© yeement must be received by INTERSTOR Phone: ( ) ~TES, INC. prior to expiration of current VOA.5`f PAU lO(v Ext. HIGH DENSITY STORAGE SYSTEMS FILE SHELVING LIBRARY SHELVING ROTARY FILES FOLDERS ANDS ~OBILE PLIES • COLOR CODE LABELING SYSTEMS • AUTOMATED STORAGE AND RETRIEVAL SYSTEMS DR urmea OLULVIs r sLai aerviGe Request to Pay Postage Refunds to Presenter of Mail (Name of Customer) (hereinafter "the dustomer") hereby requests the United States Postal Service to accept requests for postage refunds submitted by (Name of Presenter) (hereinafter "the resenter") for postage refunds on the mail of the customer, and to pay refunds found to be due on such mail to the pres toter, as specified below. 1. This request 43plies to all mail of the customer, and on which the customer has paid postage, that is deposited with the Postal Servi by the presenter. This request does not apply to mail that is deposited with the Postal Service by persons or entities of 4r than the presenter. 2. For all mail ered by this request, the presenter shall have the exclusive authority to submit to the Postal Service requests for stage refunds, and to receive payment of any such refunds that are determined to be owing because the amount of p ge applied to the mail by the customer is in excess of lawful rates. Requests for refunds on such mail may be submitted ',nly at the time of mailing, in accordance with the procedures established in the Domestic Mail Manual. 3. The Postal Service assumes no responsibility for maintaining records on the amount of refunds paid to the presenter pursuant to i5 request, or for the eventual disposition of any such refunds between the customer and the presenter. These are m liters of private contractual agreement between the presenter and the customer. 4. This request ~n ill remain in force until the Postal Service receives written notification from the customer that this request is revoked. 5. The submiss of this request is not required by the Postal Service for the deposit of the customers mail. This request will, however ermit the Postal Service to accept requests for refunds, made by the presenter on behalf of the customer, pursuant to *oluntary agreement between the customer and the presenter. (Name) V - (Title) am duly author d on behalf of the customer in making this request, and agree to all the terms and conditions of this request on beha of the customer. Signature and Date) WARNING: a furnishing of false information on this form may result in a fine of not more than $10,000 or imprisonment not more than 5 years, or both. (18 U.S.C. 1001) PS Form 8096, JunV1998 10 CONTRACT between COUNTY, TEXAS AND SOUTHWEST TEXAS FORENSIC CENTER, INC. This betw polit Texas reement is made and entered into on the date of execution hereof by and Brazos County, hereinafter referred to as "County", a body corporate and l under the laws of Texas, whose address for the purposes hereof is: ksioners' Court, Brazos County Courthouse, 300 E. 26th St., Ste. 114, Bryan, 7803, and Southeast Texas Forensic Center, Inc., whose address for the i~ hereof is 5030 Highway 69 South, Beaumont, Texas 77705. FORENSIC CENTER BrE 151 at a unty will use a branch of the Southeast Texas Forensic Center located at nth Frazier, Conroe, Texas. It will be housed in a 6000 square foot There will be a cooler 2000 which will easily hold in excess of 20 bodies In the event of a disaster, the building would hold in excess of 40 cases. This f tility will be designed in a secure manner for integrity of all evidence and prope All bodies will be released under the direct supervision and attendance of an em ;oyee of the Forensic Center. TOXICOLOGY All to kology samples are recovered by the Forensic Pathologist or under their direct pervasion. All samples are marked and stored in secure storage until they are seia. to a Forensic Certified Laboratory for testing. This is done under a docum ted chain of custody. Any re*.Pntion of samples are under the lab policy of the Fo nsic Lab. SUMMARY OF PLANS Sou This These when i price I t Texas Forensic Center, Inc. (SETFC) opened a Forensic Center in Texas in January 2004 to provide forensic services for Montgomery and ling counties. This will be operated under the Justice of the Peace System. ter is not a medical examiners system. I rvices are $1500.00 per autopsy. This will include all normal toxicology Vted. Special text charges will be passed on to the ordering county. The he forensic autopsy is for three (3) years. After three years, Texas 1 VOL S4 PAGE 108 c Fors cost the Center will hold any increase to 10% or less for the next two (2) years. The the Forensic Pathologist to testify in any legal proceedings resulting from psy will be $400.00 per hour. OUTLINE OF A FORENSIC AUTOPSY 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 12 13 '1 14.1J I 15. s 16. 17. 18. k 19. 20. 21. 22. Body is transported to morgue by authorization of Justice of the Peace at the expense of the represented county Body is logged in and has an identification tag place on the body, which will remain on body until signed out of the morgue Pictures of the body are taken, as is, prior to autopsy, at the morgue Clothes are examined on the body and then removed The clothes are then examined for trace evidence, if needed Any personal effects are noted, documented, and recovered and preserved to be given to either the law agency or the funeral home for delivery to the family The body is examined for pathology or injuries The body is cleaned for a more in-depth external examination Any necessary pre-autopsy tests are conducted i.e.., rape kits, gunshot residue kits or fingernail scrapings, fingerprints Additional pictures are taken of the external body Body fluid samples are taken for toxicology studies Internal examination of the body is begun Each organ is removed and individually examined by the Forensic Pathologist Any injuries to the body are examined and an attempt at determination of how, what and when is made Any foreign objects found during the autopsy are recovered, i.e., bullets, other projectiles, knife blades or other items of interest Any Law Enforcement in attendance at the autopsy are given a verbal report of the findings Any evidence recovered, i.e., rape kits, trace evidence, clothing, projectiles, etc. are signed over to the law enforcement agency by chain of custody for transport to the lab of their choice Toxicology samples recovered are sent to Forensic Certified Lab for testing Preliminary report is issued to the Justice of the Peace Report is typed and finalized, sent to Justice of the Peace as promptly as possible Forensic Pathologist is able to testify in any legal proceedings resulting from the autopsy Upon receipt of release from next of kin, the body is released to the designated funeral home 2 yon 54 Ar' /off WITNESSETH If SOUTHWEST TEXAS FORENSIC CENTER, INC ,AS, the Brazos County Commissioners' Court did on f~o Ma rc~ , approve a contract for supplying a Forensic Facility to provide a Examiner / County Judge 1 Commission r Precinct 2 Commissioner 1k t 3 Co 'ssioner ecinct Commission y j contract is with a corporation, it must be executed by an officer thereof o duly authorized, and the seal of the corporation impressed. Signed by: Title: Print q Name:_ ~i~ T ,rr ,tl a ,~s2 t~ w z/ Co Social Iy Name:_ .Sa yt~l Address: 3~1 l ~Sa utl, e~ ~.n~ N~ 7 7 7 P.O. Box or S reet City Stater Zip der Identification Number: -3~3J I Number: CORPORATE SEAL IF SUBMITTED BY A CORPORATION a°}~ 3 p p' J BRAZOS COUNTY PRIVACY POLICY - EFFECTIVE APRIL 12, 2004 The to tt will P to, aos County Group Health Plan (Plan) will use protected health information (PHI) tent of and in accordance with the uses and disclosures permitted by the Health e Portability and Accountability Act of 1996 (HIPAA). Specifically, the Plan and disclose PHI for purposes related to health care treatment, payment for ire and health care operations. nt includes activities undertaken by the Plan to obtain premiums or determine or is responsibility for coverage and provision of plan benefits that relate to an ual to whom health care is provided. These activities include, but are not limited following: determination of eligibility, coverage and cost sharing amounts (for example, cost of a benefit, plan maximums and co-payments as determined for an individual's claim); coordination of benefits; adjudication of health benefit claims (including appeals and other payment disputes); subrogation of health benefit claims; establishing employee contributions; risk adjusting amounts due based on enrollee health status and demographic characteristics; billing, collection activities and related health care data processing; claims management and related health care data processing, including auditing payments, investigating and resolving payment disputes and responding to participant inquiries about payments; obtaining payment under a contract for reinsurance (including stop-loss and excess of loss insurance); medical necessity reviews or reviews of appropriateness of care or justification of charges; utilization review, including pre-certification, preauthorization, concurrent review and retrospective review; disclosure to consumer reporting agencies related to the collection of premiums or reimbursement (the following PHI may be disclosed for payment purposes: name and address, date of birth, Social Security number, payment history, account number and name and address of the provider and/or health plan); and reimbursement to the plan. Operations include, but are not limited to, the following activities: assessment; ition-based activities relating to improving health or reducing health care costs, of development, case management and care coordination, disease management, ~ting health care providers and patients with information about treatment ttives and related functions; provider and plan performance, including accreditation, certification, licensing or itialing activities; VOL, 5f PAGE I I I underwriting, premium rating and other activities relating to the creation, renewal or replacement of a contract of health insurance or health benefits, and ceding, securing or placing a contract-for reinsurance for risk relating to health care claims (including stop- loss insurance and excess of loss insurance); conducting or arranging for medical review, legal services and auditing functions, including fraud and abuse detection and compliance programs; business planning and development, such as conducting cost-management and planning- related analyses related to managing and operating the Plan, including formulary development and administration, development or improvement of payment methods or coverage policies; business management and general administrative activities of the Plan, including, but not limited to: (a) management activities relating to the implementation of and compliance with HIPAA's administrative simplification requirements, or (b) customer service, including the provision of data analyses for policyholders, plan sponsors or other customers; resolution of internal grievances; and due diligence in connection with the sale or transfer of assets to a potential successor in interest, if the potential successor in interest is a "covered entity" under HIPAA or, following completion of the sale or transfer, will become a covered entity. With other authorization of the participant or beneficiary, the Plan will disclose PHI to the Texas and District Retirement System, the Flexible Spending Account (Flex Plan), the Workers' isation Plan, the Optional Insurance Plans, the Deferred Compensation Plans, and any ans for purposes related to administration of these plans. The will disclose PHI to the Plan Sponsor only upon receipt of a certification from the Plan Spon r that the plan documents have been amended to incorporate the following provisions. The Pj*nn Sponsor agrees to: not use or further disclose PHI other than as permitted or required by the plan document or as required by law; ensure that any agents, including a subcontractor, to whom the Plan Sponsor provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Plan Sponsor with respect to such PHI; not use or disclose PHI for employment-related actions and decisions unless authorized by an individual; not use or disclose PHI in connection with any other benefit or employee benefit plan of the Plan Sponsor unless authorized by an individual; report to the Plan any PHI use or disclosure that is inconsistent with the uses or disclosures provided for of which it becomes aware; make PHI available to an individual in accordance with HIPAA's access requirements; make PHI available for amendment and incorporate any amendments to PHI in accordance with HIPAA; make internal practices, books and records relating to the use and disclosure of PHI received from Plan available to the HHS Secretary for the purposes of determining the Plan's compliance with HIPAA; and if feasible, return or destroy all PHI received from the Plan that the Plan Sponsor still VOL PAGE U-2- In care maintains in any form, and retain no copies of such Phi when no longer needed for the purpose for which disclosure was made (or if return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction infeasible). ;brdance with HIPAA, and the *Hybrid entities Health Care Component, only the following ees or classes of employees may be given access to PHI relating to payment under, health i erations of, or other matters pertaining to the group health plan in the ordinary course of dss: • the Personnel Manager, and staff designated by the Personnel Manager; • the County Auditor, and staff designated by the County Auditor; • the County Treasurer, and staff designated by the County Treasurer; • 'f the Brazos County Health Director, and staff designated by the Health Director; • the Risk Manager, and staff designated by the Risk Manager The ployees or classes of employees given access to PHI may only have access to use and disci se PHI for plan administration functions that the Plan Sponsor performs for the Plan. If the q nployees or classes of employees given access to PHI do not comply with this plan docu ~nt, the Plan Sponsor shall provide a mechanism for resolving issues of noncompliance, inclu g disciplinary sanctions. * Hy d entities are employers that do not want the privacy rules to apply to the entire entity, but only t those departments, which conduct business related to payment under, health care opera ns of, or other matters pertaining to the group health plan in the ordinary course of L- - Revised 03/14/2004 y()l., 54 _PAGE-J-/3 - BRAZOS COUNTY PLAN DOCUMENT THE USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION A. U T. the e Insui will I healt P, or ful indiv to, th • • • • • • • • • H • • sO and Disclosure of Protected Health Information (PHI) Brazos County Group Health Plan will use protected health information (PHI) to lent of and in accordance with the uses and disclosures permitted by the Health ce Portability and Accountability Act of 1996 (HIPAA). Specifically, the Plan e and disclose PHI for purposes related to health care treatment, payment for care and health care operations. ent includes activities undertaken by the Plan to obtain premiums or determine 11 its responsibility for coverage and provision of plan benefits that relate to an ual to whom health care is provided. These activities include, but are not limited following: determination of eligibility, coverage and cost sharing amounts (for example, cost of a benefit, plan maximums and co-payments as determined for an individual's claim); coordination of benefits; I adjudication of health benefit claims (including appeals and other payment disputes); 1 subrogation of health benefit claims; establishing employee contributions; frisk adjusting amounts due based on enrollee health status and demographic characteristics; ;billing, collection activities and related health care data processing; claims management and related health care data processing, including auditing payments, investigating and resolving payment disputes and responding to participant inquiries about payments; obtaining payment under a contract for reinsurance (including stop-loss and excess of loss insurance); medical necessity reviews or reviews of appropriateness of care or justification of zation review, including pre-certification, preauthorization, concurrent review retrospective review; losure to consumer reporting agencies related to the collection of premiums or Lbursement (the following PHI may be disclosed for payment purposes: name and -ess, date of birth, Social Security number, payment history, account number and e and address of the provider and/or health plan); and bursement to the plan. Care Operations include, but are not limited to, the following activities: y assessment; ation-based activities relating to improving health or reducing health care costs, ;ol development, case management and care coordination, disease management, ting health care providers and patients with information about treatment hives and related functions; provider and plan performance, including accreditation, certification, licensing or VOL s4 PAGE t i'- credentialing activities; B. underwriting, premium rating and other activities relating to the creation, renewal or replacement of a contract of health insurance or health benefits, and ceding, securing or placing a contract for reinsurance for risk relating to health care claims (including stop- loss insurance and excess of loss insurance); C conducting or arranging for medical review, legal services and auditing functions, including fraud and abuse detection and compliance programs; business planning and development, such as conducting cost-management and planning- related analyses related to managing and operating the Plan, including formulary development and administration, development or improvement of payment methods or coverage policies; business management and general administrative activities of the Plan, including, but not limited to: (a) management activities relating to the implementation of and compliance with HIPAA's administrative simplification requirements, or (b) customer service, including the provision of data analyses for policyholders, plan sponsors or other customers; resolution of internal grievances; and due diligence in connection with the sale or transfer of assets to a potential successor in interest, if the potential successor in interest is a "covered entity" under HIPAA or, following completion of the sale or transfer, will become a covered entity. Will Use and Disclose PHI as Required by Law and as Permitted by in of the Participant or Beneficiary ith an authorization, the Plan will disclose PHI to the Texas County and District Retire nt System, the Flexible Spending Account (Flex Plan), the Workers' Compensation Plan, tlic Optional Insurance Plans, the Deferred Compensation Plans, and any other Plans for purpos related to administration of these plans. C. Forl ~urposes of This Section Brazos County Is the Plan Sponsor The Plan will disclose PHI to the Plan Sponsor only upon receipt of a certification from the Pla Sponsor that the plan documents have been amended to incorporate the following D. Wit Respect to PHI, the Plan Sponsor Agrees to Certain Conditions Plan Sponsor agrees to: • not use or further disclose PHI other than as permitted or required by the plan document or as required by law; • ensure that any agents, including a subcontractor, to whom the Plan Sponsor provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Plan Sponsor with respect to such PHI; • knot use or disclose PHI for employment-related actions and decisions unless authorized by an individual; • of use or disclose PHI in connection with any other benefit or employee benefit plan of the Plan Sponsor unless authorized by an individual; • report to the Plan any PHI use or disclosure that is inconsistent with the uses or VOL 54 PAGE 115 disclosures provided for of which it becomes aware; make PHI available to an individual in accordance with HIPAA's access requirements; make PHI available for amendment and incorporate any amendments to PHI in accordance with HIPAA; make internal practices, books and records relating to the use and disclosure of PHI received from Plan available to the HHS Secretary for the purposes of determining the Plan's compliance with HIPAA; and if feasible, return or destroy all PHI received from the Plan that the Plan Sponsor still maintains in any form, and retain no copies of such PHI when no longer needed for the purpose for which disclosure was made (or if return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction infeasible). E. Separation Between the Plan and the Plan Sponsor Must Be Maintained ccordance with HIPAA, and the *Hybrid entities Care Component, only the following emplo es or classes of employees may be given access to PHI relating to payment under, health care o ration of, or other matters pertaining to the group health plan in the ordinary course of • he Personnel Manager; and staff designated by the Personnel Manager; • he County Auditor; and staff designated by the County Auditor; • he County Treasurer, and staff designated by the County Treasurer; and • he Brazos County Health Director, and staff designated by the Brazos County Health F. Liations of PHI Access and Disclosure employees or classes of employees given access to PHI may only have access to use and PHI for plan administration functions that the Plan Sponsor performs for the Plan. G. No compliance Issues if t employees or classes of employees given access to PHI do not comply with this plan docum t, the Plan Sponsor shall provide a mechanism for resolving issues of noncompliance, includ* disciplinary sanctions. *Hyb ' entities are employers that do not want the privacy rules to apply to the entire entity, but only t ose departments, which conduct business related to payment under, health care operat' s of, or other matters pertaining to the group health plan in the ordinary course of VOL I" PAGE 1!4 BRAZOS COUNTY NOTICE OF PRIVACY PRACTICES Effective April 12, 2004 OTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCES TO THIS INFORAMTION. PLEASE REVIEW IT CAREFULLY zo 'ounty is required by law to take reasonable steps to ensure the privacy of your ;o ly identifiable health information and to inform you about: i • the Plan's uses and disclosures of Protected Health Information (PHI); • the Plan's duties with respect to your PHI; • your right to file a complaint with the Plan and to the Secretary of the U.S. Department of Health and Human Services; and • the person or office to contact for further information about the Plan's privacy practices. The to "Protected Health Information" (PHI) includes all individually identifiable health info ion transmitted or maintained by the Plan regardless of form (oral, written, electronic). Required PHI uses and Disclosures Upon ur request, the Plan is required to give you access to certain PHI in order to inspect and copy i ! Use and disclosure of you PHI may be required by the Secretary of the Department of Health nd Human Services to investigate or determine the Plan's compliance with the privacy Right to Request Restrictions on PHI Uses and Disclosures You request the Plan to restrict uses and disclosures of your PHI to carry out treatment, payme or health care operations, or to restrict uses and disclosures to family members, relatives, friends r other persons identified by you who are involved in your care or payment for your care. Howe , the Plan is not required to agree to your request. The Plan will accommodate reason le requests to receive communications of PHI by alternative means or at alternative locatio i You o our personal representative will be required to complete a form to request restrictions on uses a disclosures of your PHI. Such requests should be made to the Personnel Manager, or the Perso 1 Specialist by mail at 300 E. 26t` St., Suite 107, Bryan, Texas 77803, or by telephone at (979) 1-3114. You h the right to request the Plan to amend your PHI or a record about you in a designated record ' t for as long as the PHI is maintained in the designated record set. You or your personal repres tive will be required to complete a form to request amendment of the PHI in your design d record set. Designated Record Set includes the medical records and billing records about i ividuals maintained by or for a covered health care provider, enrollment, payment, billing, claims adjudication and case or medical management record systems maintained by or for a healt plan; or other information used in whole or in part by or for the covered entity to make decision; about individuals. You or your personal representative will be required to make reques for amendment in writing and provide a reason to support a requested amendment. T. Requ is for amendment of PHI should be made to the Personnel Manager, or the Personnel Speci ist by mail at 300 E. 260i St., Suite 107, Bryan, Texas 77803, or by telephone at (979) 361- 3114. The P n is required by law to maintain the privacy of PHI and to provide individuals with notice of its 14gal duties and privacy practices. This tice is effective beginning April 14, 2004, and the Plan is required to comply with the terms this notice. However, the Plan reserves the right to change its privacy practices and to apply e changes to any PHI received or maintained by the Plan prior to that date. If a privacy practi is changed, a revised version of this notice will be provided to all whom the Plan still main ins PHI. sed version of this notice will be distributed within 60 days of the effective date of any Any 41 mate change to the uses or disclosures, the individual's right, the duties of the Plan or other privaractices stated in this notice. Your Right to File a Complaint With the Plan or the HHS Secretary If you "Ielieve that your privacy rights have been violated, you may complain to the Plan in care of the razos County Personnel Manager by e-mail at InicholsAco.brazos.tx.us, or the Personnel Speci st by e-mail at mfranklin@co.brazos.tx us, or by mail to 300 E. 26" St., Suite 107, Bryan, Texas 803, or by telephone at (979) 361-4114. You rrky file a complaint with the Secretary of the U.S. Department of Health and Human Servic , Hubert H. Humphrey Building, 200 Independence Avenue S. W., Washington, D.C. 20201 The Pl~ will not retaliate against you for filing a complaint. Whom to Contact at the Plan for More Information If you ve any questions regarding this notice or the subjects addressed in it, you may contact the Br, 2 s County Personnel Manager by e-mail at lnicholsna,co.brazos.tx.us, or the Personnel Specia t by e-mail at mfranklin(a co.brazos tx us, or by mail to 300 E. 26th St., Suite 107, Bryan, Texas 803, or by telephone at (979) 361-4114. t CONCLUSION PHI us and disclosure by the Plan is regulated by a federal law know as HIPAA (the Health Insura Portability and Accountability Act). You may find these rules at 45 Code of Federal Regula Ions Parts 160 and 164. This notice attempts to summarize the regulations. The regulat ns will supersede any discrepancy between the information in this notice and the `J ~PAGE .m.~.~.8. #~Q INTERLOCAL AGREEMENT 800 MHZ RADIO COMMUNICATION SYSTEMS HIS INTERLOCAL AGREEMENT is hereby made and entered into by and the CITY OF COLLEGE STATION, TEXAS, a home rule municipal ion ("College Station"), the CITY OF BRYAN, TEXAS, a home rule municipal ion ("Bryan"), COUNTY OF BRAZOS, TEXAS ("Brazos County"), Blinn (`Blinn") and TEXAS A&M UNIVERSITY ("TAMU") each acting by and its duly authorized agents (referred to collectively as the "Parties"); VHEREAS, the Parties are authorized by the Interlocal Cooperation Act, Texas tent Code, Chapter 791, to enter into an agreement for the performance of ental functions including but not limited to police protection and detention fire protection; and public health and welfare; and VHEREAS, the Parties are authorized by the Texas Local Government Code, 362, to enter into a joint agreement for the performance of the governmental of providing Law Enforcement Services; and HEREAS, successful cooperation in providing such governmental functions effective coordination of communications between all Parties including y response personnel; and WHEREAS, the Parties desire to enter into an agreement with one another to facilita each Party's communications capabilities by permitting access to all Parties' 800 megah band radio communications systems (referred to hereinafter as "800 MHz System and OW, THEREFORE, in consideration of the recitals and mutual covenants made rein by College Station, Bryan, Brazos County, Blinn and TAMU to be respect ely kept and performed, the Parties hereby mutually agree as follows: 1. DEFINITIONS "800 MHz System" means a trunked two-way radio system utilizing one ►ntrol channel and multiple talk channels operated over an 800 megahertz -1quency that is currently owned, operated and licensed individually by the irties. "Emergency" means any unforeseen event or condition requiring nnediate action, which has the potential to jeopardize the health, safety and/or -11fare of the public, personnel or property. "Interagency Communications" means radio use, other that Regular Radio se, for the purpose of communicating between Parties. H.• ITempla 1800 MHz ILA - v3 FINAL. doc I VO 5 4 SAGE I 2004 EXECUTED this the day of i TEXAS A&M UNIVERSITY. TEXAS A&M UNIVERSITY By: RICHARD L. FLOYD Associate Vice President for Finance A Title: APPROVED AS TO FORM: General Counsel i ACKNOWLEDGEMENT STAT OF TEXAS § CO Y OF BRAZOS § EFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, n this day personally appeared RICHARD L. FLOYD, President of Texas A&M University, College Station, Texas, known to me to be the person whose name is subsc ed to the foregoing instrument and acknowledged to me that he executed it for the p oses and consideration therein expressed, and in the capacity therein stated. LIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2004. Notary Public, State of Texas My Commission Expires: MHz/LA-v3 FINAL. doc grit 1~ 12pr ~1 d) "Regular Radio Use" means the daily use of radios by a Party for ;ommumcations between members of that Party. e) "Emergency Radio Support" means the use of one Party's 800 MHz System by another Party in the case of a failure of the second Party's 800 MHz System. "Talk Groups" means a programmed group of radio system users that can unicate with each other over an 800 MHz System without other non- mmed radio users being able to hear or talk to the grouped users. A talk is similar to a private channel. II. AGREEMENT e Parties expressly agree this Agreement is intended to be and should be as a contractual document. III. PURPOSE the purpose of this Agreement is to provide Parties access to all individual 800 MHz Systems to allow effective and timely communications between and the Parties for Emergency Radio Support, interagency communications and IV. CONDITIONS FOR RADIO USE e Parties agree that the 800 MHz System that will provide the best service in the ev t of an emergency, for Interagency Communications or for Emergency Radio Suppo will be used. The Parties shall develop protocol to be used by the Parties to detertr a which 800 MHz System provides the best service. a) Each Party will permit access to their individual 800 MHz System in order o implement critical communications links between and among the Parties to be ised by the Parties in the event of an emergency, for Interagency :ommunications, or for Emergency Radio Support. Each Party agrees that no 800 MHz System other than that Party's shall be oed for Regular Radio Use. c) Each Party to this Agreement will maintain its respective equipment under is own inventory and will be responsible for the maintenance, necessary ipgrades, and all other associated expenses. Parties will provide unique radio "talk groups". Talk groups will be Lated between all 800 MHz Systems to allow transparent communication. MHz ILA - 0 FINAL.doc 2 VOL, E;4 PAGE, I al e) Each Party may, at that Parties' sole discretion, assign priority traffic )recedence to the radio "talk groups" such that emergency personnel may have >recedence in high traffic situations. V. WITHDRAWAL FROM PARTICIPATION affect Parti Termination of participation in this Agreement by a Party or Parties shall not Ze continued operation of this Agreement between and among the remaining and this Agreement shall continue in force and remain binding on the other VI. AGREEMENT TO NOT CONFLICT WITH OTHER AGREEMENTS OR CONTRACTS his agreement will not void other agreements or contracts between Parties for to provide Regular Radio Use. VII. INDEMNITY / RELEASE T the extent provided by law and without waiving governmental immunity or the li itations as to damages in the Texas Tort Claims Act, the Parties each indivi ally agree to hold the other harmless from and against any and all claims, losses, amages, causes of action, suits, and liabilities of every kind, including all expen s of litigation, court costs, and attorney's fees, for injury or death to any perso or damage to any property, arising out of or in connection with the work perfo ed under this Agreement. The Parties hereby agree that each Party will remai solely responsible for the legal defense and any civil liability due to the action of a peace officer or other personnel regularly employed by the Party. Nothi herein shall be construed as a waiver of any legal defense of any nature to any cl in against a Party or an agent, officer or employee of a Party. E h Party hereby releases, relinquishes, and discharges all other Parties, includ g their officers, agents, and employees from all claims, demands, and causes of acti of every kind and character, including the cost of defense thereof, for any injury, or death of any person and any loss of or damage to any property that is cause y, alleged to be caused by, arising out of, or in connection with the services provide under this Agreement. This release shall apply regardless of whether said claims ` emands, and causes of action are covered in whole or in part by insurance and r rdless of whether such injury, death, loss, or damage was caused in whole or in pa y the negligence of any Party, its officers, agents, and employees, or any third party. VIII. RESERVATION OF IMMUNITY is expressly understood and agreed that, in the execution of this Agreement, no Party 4~ ives, nor shall be deemed hereby to waive, any immunity or defense that would H•ITempla 1800 MHz ILA - v3 FINAL.dx C 3 other a~i a be available to it against claims arising in the exercise of governmental powers and tions. IX. VALIDITY e validity of this Agreement and of any of its terms or provisions, as well as the rights d duties of the Parties hereunder, shall be governed by the laws of the State of Texas. n the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalid y, illegality, or unenforceability, shall not effect an y of the provisions thereof and this A eement shall be construed as if such invalid, illegal, or unenforceable provisions had ne r been contained herein. X. EXECUTION / EFFECTIVE DATE / TERMINATION is Agreement shall become effective between the Parties hereto on the day execution of the Agreement by each Party. IA~ny Party may terminate its participation in this Agreement by providing thirty (30) d s written notice to every other Party as provided herein. XI. FUNDING ach Party that performs services pursuant to this Agreement shall do so with funds ailable from current revenues of the Party. No Party shall be liable for failure to expend ! funds to provide services hereunder. Nothing in this Agreement shall be construed or interpreted to obligate any Party's funds to support the use of another Party's 800 M11117- System. No funds shall be transferred between the Parties. 17- XII. MODIFICATION 4his Agreement may only be amended or modified by the mutual agreement of the P s hereto in writing. s instrument contains all commitments and agreements of the Parties, and oral and writ ' en commitments not contained herein shall have no force or effect to alter any terms o 'conditions of this Agreement. XIII. ORIGINAL DOCUMENTS is understood and agreed that this Agreement may be executed in a number of identic counterparts, each of which shall be deemed an original for all purposes. XIV. WAIVER MHz ILA - v3 FINAL.doc 4 v PAGE-1-2-3 of The failure of any Party to insist, in one or more instances, on strict performance of the requirements of this Agreement will not be construed as a waiver or shment of such requirements in future instances, but such requirements will le and remain in full force and effect. XV. SEVERABILITY If one or more of the provisions contained in this Agreement is, for any reason, held t be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenf ceability shall not effect any other provision of this Agreement and the Agree ent shall be construed as if the invalid, illegal, or unenforceable term or provision had n er been contained in it. XVI. NOTICES notices, approval, consent, or communication by one Party to another must be in itin and may be by personal delivery or registered or certified United States Mail, )pe addressed to the respective Parties as follows: LLEGE STATION: Director of Technical & iformation Services 1livia Burnside ity of College Station . O. Box 9960 ollege Station, Texas 77842 copies to: 'ity Manager om Brymer ity of College Station . O. Box 9960 ollege Station, Texas 77842 Additional Contact Information: Tele: (979) 764-3560 E-Mail: oburnside@cstx.gov Fax: (979) 764-3822 Tele: (979) 764-3510 E-Mail: tbrymer@cstx.gov Fax: (979) 764-6377 lief of Police Tele: (979) 764-3605 Feldman E-Mail: efeldman@ cstx.gov allege Station Police Department Fax (409) 764-3468 11 Texas Avenue S. )llege Station, Texas 77840 AN: io System Engineer Mayworm of Bryan Tele: (979) 209-5475 E-Mail: rmayworm@bryantx.gov Fax: (979) 209-5489 HlTemplaHs1800 MHz ILA - v3 FINAL.doc 5 O. Box 1000 ryan, Texas 77805 *ith copies to: ity Manager Vary Kay Moore ity of Bryan 00 South Texas Avenue rvan, Texas 77803 def of Police ke Strope yan Police Department 1 South Texas Avenue van, Texas 77803 S COUNTY: 'kris Kirk Irazos County Sheriff's Office 00 East 29Street, Suite 105 Iryan, Texas, 77803 copy to: my Judge dy Sims ms County East 29u' Street, Suite 114 in, Texas 77803 T Tele: (979) 209-5100 E-Mail: mmoore@bryantx.gov Fax: (979) 209-5106 Tele: (979) 209-5387 E-Mail: stropem@bryantx.gov Fax: (979) 209-5388 Tele: (979) 361-4148 E-Mail: chriskirk@highsheriff.com Fax: (979) 361-4170 Tele: (979) 361-4102 E-Mail: dblockledge@co.brazos.tx.us Fax: (979) 823-6593 )epartment of Contract Administration Tele: (979) 845-0097 )ean Endler E-Mail: d-endler@tamu.edu 'exas A&M University Fax: (979) 862-4593 260 TAMU ',ollege Station, TX 77843-1260 copies to: Ielecommunications Director Tele: (979) 845-5588 Jalt Magnussen E-Mail: waltmagnussen@tamu.edu exas A&M University Fax: (979) 847-1111 fail Stop 1371 'ollege Station, Texas, 77843-1371 H. ITempA*A800 MHz ILA - v3 FINAL. doc 6 O v4 PAS'; I d~ .adio System Manager Tele: (979) 458-1746 ance Parr E-Mail: 1-parr@tamu.edu exas A&M University Fax: (979) 847-1111 sail Stop 1371 ollege Station, Texas, 77843-1371 irector of Police and Security illy May linn College 0. Box 6030 ryan, TX 77805 copy to: onald E. Welter linn College )2 College Avenue renham, TX 77833 Tele: (979) 209-7418 E-Mail: bmay@blinn.edu Fax: (979) 209-7448 Tele: (979) 830-4112 E-Mail: bkrebs@blinn.edu Fax: (979) 830-4116 XVII. STATE AGENCY Parties expressly acknowledge that each Party to this Agreement is a Texas ;ntal entity. Nothing in this Agreement will be construed as a waiver or anent by either Party of its right to claim such exemptions, privileges and es as may be provided by law. XVIII. HEADINGS article headings in this Agreement are used for convenience and reference only and are not intended to define, limit, or describe the scope or intent of any of this Agreement and shall have no meaning or effect upon its interpretation. XIX. JURISDICTION Agreement is construed under and in accordance with the laws of the State of Texas d is performable in Brazos County, Texas. XX. PUBLIC INFORMATION COORDINATION P lic disclosure of information related to, and activities conducted under, this Agree nt will be subject to the Freedom of Information Act (5 U.S.C. § 552) and the Texas ublic Information Act (TEX. GOVT CODE 552.001 et. seq.). Prior to H: ITemplaW1800 MHz ILA - v3 FINAL.doc 7 4J(?1_, 51 PAGl; 1 9' to of any requested information, the Parties shall consult with each other any such proposed disclosure. XXI. CONSENT TO SUIT by entering into this Agreement does not give its consent to suit. XXII. ASSIGNMENT Tj#s Agreement may not be assigned by any party without the written consent of the other Pirties. XXIII. ENTIRE AGREEMENT Agreement constitutes the entire agreement between the Parties and will not be tined, modified, or contradicted by any prior or contemporaneous negotiations, sentations, or agreements, either written or oral. XECUTED this the day of 2004 1]~ CITY OF COLLEGE STATION. By: A CITY OF COLLEGE STATION RON SILVIA Mayor CONIS E HOOKS City S retary APPROVED AS TO FORM: City Attorney K•ITempf j,1800 MHz ILA -0 FINAL.doc 8 VOL 5'# PAGE. ~ A7 ACKNOWLEDGEMENT STAZTIL OF TEXAS OF BRAZOS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, n this day personally appeared RON SILVIA, Mayor of College Station, Texas, known lo me to be the person whose name is subscribed to the foregoing instrument and ackno ledged to me that he executed it for the purposes and consideration therein expre f d, and in the capacity therein stated. UNDER MY HAND AND SEAL OF OFFICE this , A.D. 2004. Notary Public, State of Texas My Commission Expires: _ HATempIsIs1800 MHz ILA - v3 FINAL. doc 9 VOL 5-4 day of EXE TED this the day of CITY F BRYAN. CITY OF BRYAN By: JAY DON WATSON Mayor 2004 by ATTE ff r: APPROVED AS TO FORM: Mary nn Strata City Attorney City S retary ACKNOWLEDGEMENT STAT OF TEXAS § § CO Y OF BRAZOS § EFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, n this day personally appeared JAY DON WATSON, Mayor of Bryan, Texas, known me to be the person whose name is subscribed to the foregoing instrument and ackno dged to me that he executed it for the purposes and consideration therein express , and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2004. Notary Public, State of Texas My Commission Expires: _ H: I Templa 1800 MHz ILA - v3 FINAL. doc 10 VOL 5~ PAU ~ a5 2004 A' EXECUTED this the 6:0 day of BRAZOS COUNTY. ST: CO By: RANDY County J' APPROVED AS TO FORM: Clerk STAT OF TEXAS § § CO Y OF BRAZOS § EFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, n this day personally appeared RANDY SIMS, County Judge of Brazos County, Texas, own to me to be the person whose name is subscribed to the foregoing instnm nt and acknowledged to me that he executed it for the purposes and consid ation therein expressed, and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this day of f G , A.D. 2004. I~ Notary Public, State of Texas / DEBBIE LOCKLEDGE My Commission Expires: NOTARY POll1C STATE OF TEXAS COMMISSION EXPIRES: OF J U L,.V 6, 2007 K•ITempl 1800 MHz ILA - v3 FINAL.doc 1 1 Counsel for Brazos County ACKNOWLEDGEMENT EXECUTED this the day of 2004 BLINN COLLEGE. By: A APPROVED AS TO FORM: John kman Execu a Vice-President and Secretary to The B d of Trustees Counsel for Blinn College ACKNOWLEDGEMENT STA OF TEXAS § COU Y OF BRAZOS § EFORE ME, the undersigned authority, a Notary Public in and for the State of Texas! on this day personally appeared DONALD E. WELTER, President of Blinn Colleg a, Brenham, Texas, known to me to be the person whose name is subscribed to the forego ;tion instrument and acknowledged to me that she executed it for the purposes and consi therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2004. BLINN COLLEGE Donald E. Voelter President Notary Public, State of Texas My Commission Expires: _ H.•ITempl ~s1800 MHz ILA - v3 FINAL.doc 13 ~~I~ The hate of Texas, County of BRAZOS We, e undersigned, as County Commissioners within and for Brazos County, and the Hon ble Randy Sims, County Judge of Brazos County, constituting the entire Co issioners' Court of Brazos County, during a regular meeting of said Court have exam [ ed the foregoing report and have caused an order to be entered upon the Minutes of th ! Commissioners' Court of Brazos County approving said Report as presented and subm ed as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for i the Revised Statutes of the State of Texas. (Texas Local Government Code, 114. 6) Witn s my hand this Z4L da of 1--CL Y A.D.2004 G Karen McQueen County Clerk, County of BRAZOS, State of Texas Exam' ed and approved in open Commissioners' Court this day of C~-- 2004. i Randy Sim ounty Judge r i ~ Eric Caldwell, Commissioner Precinct #1 Duane Peters, Commissioner Precinct #2 Kenny Mallard, o issioner Pre i ct #3 Car Cauley, o sinner Precin #4 's Report for the Month of FEBRUARY 2004 0 i q O ~ 0 i; I~ R CT L N 4 O 4 V T l a C N P 4 R 4 ° a i $ G ~ ~ e - r, S ~ ~ ~ ~ 8 OR a m 0 O OD M S O M 10 1D ' M ~ ~D 0 0 0 0 M O + 0 1 S w N O ~D ^ m M - m - r, N M r 1p l N M n N M - CC V l N N N M m O O p1 N FU C O ti O N M t! 1 0 M N 0 I N t\ ^ M ^ N n N M 1D c N N M O 1 C 1~ O r : C LM ; N V CO 1 m 0p 1 M O r, N 4 N 0 n N 1D O a . N 00 U1 N O N O M N rn M N (V N ID , M 1 M r O I S v M t0 m c~ N r-4 Y N N .ti Ln 0 1 ` a . 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N 8 Z S S ' L ~ ® G a c~ ~ f a g~ ~ v~ ~ ~ z ~ o zz S u m w =O a r a O _ a p ~ O a 8 O o W O J , ~ z c~ U x n U d ¢ U U c~ D w > u f z c i U c 9 o u x a m r N V1 ~N-1 ti ff w01 'n' N O N M N N N O N N M V1 iD 0 0 O In O N IM 1D N 0 U W c c i V. L C 7 O U V N m vo. ~f E 33 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM 1 DEPARTMENT Road and Bridge NUMBER 560010 DATE Oq POURT MEETING: March 30, 2004 ITEM: R uest from Verizon Communications to lace a UMC-1000 pole mounted air r ain devi for cable maintenance on the northwest corner of the intersection of Democra oad and Hearne Lane. Site is located in Precinct 2. k i SOURCE F FUNDS: N/A RE UIREMENTS: 1) work will be permitted between front slope and/or back slope. 2) I! installation(s) shall be constructed in designated utility easements, if applicable. If no utility eas ent exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) i he case of a road bore, perpendicular to the right-of-way line. 3) 1 tearing of brush, trees and other obstruction is necessary, it shall be the Applicant's res sibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) 11 ch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be con( i cted by an independent geotechnical testing firm; copies of all test results shall be furnished to the ice of the Brazos County Engineer. 5) nstruction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Dev s for Streets and Highways, published by the Texas Department of Transportation, and all other Stat and Federal laws governing utility construction. ES/EXCEPTIONS: UESTED S U BATTSD BY: Richard F ance, P.E. County E ineer CC04-03TT AP OVED BY: Commissioner Duane Peters Precinct 2 This Req -at is Approve q-0 / Denied ❑ by Commissioners' Court Date: Sims%County Judge