HomeMy WebLinkAbout2004-06-22-9:00AM-RegularBRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE~OMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGI~AR SESSION ON 22 JUNE 2004 AT 9:00 A.M. IN THE
COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY
COUt~HOUSE, 300 E. 26TM STREET, sUITE 115, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance- Commissioner Mallard
2. ?all for citizen's input and/or concerns.
3. ~resentation of the Proclamation establishing June 2004 as National Health and
;afety Month.
Consi{ ~r and take action on agenda items 4 -21
4. 3udget Amendment 03/04-34.1 thru 03/04-34.2
5. ~ersonnel Change of Status.
6. kpproval of a Partnership Agreement with the Brazos Food Bank.
7. ~ayment of Claims.
8. ~equest by Archie Clark, Precinct 1 Constable, for the following individuals to be
~pproved to serve in the Precinct 1 Constable's office; each is a licensed Peace
)fficer:
a. James H. Taylor, Jr. c. Melissa S. Ortiz
b. Michael Gomez d. Raymond Eugene Olson
VOL '7?AGE I
Commissioners Court Agenda
22 June 2004
Page 2
10
1L
Fax Refund Applications for the following:
a. William K. Allen & Susan A. Bloomfield d. Ryan C. Person c/o Monte Person
b. Penny Louise Carlson e. Johnny Skubal
c. Dwight W. Edwards c/o Dwight W. Edwards, III
Request by the Auditor's Office for review of two requisitions for payment to
l'harp's Printing Services submitted by Ray Truelove, Justice of the Peace for
Precinct 2-2, for which the County's purchasing policy was not followed, and
approval to process them for payment.
Approval of the following Blanket Purchase Orders for the Jail:
a. Scarmardo Produce-- $9,750.00
b. US Foodservice-- $7,000.00
c. Sysco Food-- $7,300.00
d. Ben E. Keith-- $1,450.00
e. Performance -- $4,000.00
f. Flower's Bakery-- $1,600.00
g. Lilly Dairy-- $3,400.00
h. Brazos Wholesale-- $500.00
i. Ray Criswell-- $1,500.00
j. Team Systems-- $1,400.00
Request from Purchasing for permission to renew RFP 2002-042, Delinquent ad
Valorem Tax Collection Service. New proposal number is RFP 2004-030R.
Approval of the recommendation from consultant Ben Sanford for RFP 2004-008,
Telecommunications System and Maintenance for the Detention Center.
Request from Purchasing for approval to upgrade the copier lease for the Justice
of the Peace, Pct. 3 to a new copier.
Final Plat of North County Estates Phase Nine, 8.82 acres, G. H. Coleman survey,
A-10, Brazos County, Texas. Site is located in Precinct 2..
Final Plat of H & G Subdivision, 19.9932 acre tract, block 1, lots 1 thru 3, J.F.
Martin Survey, A-34, Moses A Foster survey, A-16, Brazos County, Texas. Site
is located in Precinct 2.
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18.
19.
20.
21.
22
23
24
25
The Br~
interpre
Commissioners Court Agenda
22 June 2004
Page 3
'he Amended Plat of Lot Three, Block Two North County Estates Phase Seven,
.25 acres, G.H. Coleman survey, A-10, volume 5736, page 279, official records
trazos County, Texas. Site is located in Precinct 2.
[equest by Dr. Alma Fonseca, County Extension Agent, for approval of out-of-
tate travel to attend the 2004 National Extension Association for Family and
',onsumer Sciences Annual Conference and Exhibits in Nashville, Tennessee on
}ctober 3-6, 2004.
[equest by Emergency Management for approval of transfer of property to the
/olunteer Fire Departments from Department of Justice fiscal year '99 Homeland
;ecurity Funding.
X_pproval of Homeland Security sub-recipient agreement with TEEX designated
br Interoperability Communications (800 radios) for the Volunteer Fire
)epartments.
5pproval of the Homeland Security Law Enforcement Terrorism Prevention
>rogram (LETPP) sub-recipient agreement designated for mobile data computers
n Sheriff's Department vehicles.
Mmouncement of interest items and possible future agenda topics.
',all for citizen input and/or concerns.
tgency / Board / Committee reports by Court members.
)s County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
/e services must be made two business days before the meeting. To make arrangements, call (979) 361-4102.
VOL 7 PAGE
COMMISSIONERS' COURT
REGULAR MEETING
JUNE 22, 2004
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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, June 22, 2004 with the
.~lowing 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, Absent
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
!icials that were in attendance.
Commissioner Mallard gave the invocation and led the
~dge of allegiance.
There was no citizen input/and or concerns.
The County Judge presented a signed Proclamation
:ablishing June 2004 as National Health and Safety Month to
~ah Mendez of the Health Department. The Proclamation was
ed on at the June 15th Commissioners Court meeting. Ms.
dez introduced representatives of the two cities.
The Court next considered Budget Amendment #03/04-34.1
~ough 34.2, which would reallocate funds for County
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Co~missionersCou~meetingJune22,2004 2
A¢'~iculture Extension and reinstate the Brazos
Valley
N~ ~cotics Task Force Grant DB01-A10-13864-04. On motion by
Cc missioner Peters, seconded by Commissioner Caldwell, the
Cc ~rt voted unanimously to approve the budget amendment as
s~ >mitted, a copy of which is attached.
The Court proceeded to consider the change of status of
en~loyees as submitted on the attached Personnel Action
R(~uests. On motion by Commissioner Peters, seconded by
sioner Mallard, the Court voted unanimously to
a >rove the changes as submitted.
The Court next considered the approval of a Partnership
A ?eement with the Brazos Food Bank for the benefit of the
m terate and iow-income citizens of our community. The term
oi the agreement is for approximately one year beginning on
C dwell, the Court voted unanimously
P~ ~tnership Agreement. A copy is attached.
The Court next considered the following Claims
s~ >mitted by the County Treasurer for payment:
20064048 through 20064291
date of execution of the agreement and terminating on
tember 30, 2004. Cost to Brazos County will be $5,000.00.
motion by Commissioner Peters, seconded by Commissioner
to approve the
as
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;June 22, 2004 3
motion by Commissioner Peters, seconded by Commissioner
.lard, the Court voted unanimously to approve the Claims as
>mitted.
The Court next considered a request by Archie Clark,
~cinct 1 Constable, for the following individuals to be
>roved to serve in the Precinct 1 Constable's office as non-
p .d Deputy Constables:
James H. Taylor, Jr.
Michael Gomez
Melissa S. Ortiz
Raymond Eugene Olson
:h individual is a licensed Peace officer. On motion by
sioner Caldwell, seconded by Commissioner Peters, the
voted unanimously to approve the appointments.
The next matter for consideration was approval of tax
[und applications from the following individuals and/or
a) William K. Allen & Susan A. Bloomfield, OP $265.50
b) Penny Louise Carlson, OP $6.67
c) Dwight W. Edwards c/o Dwight W. Edwards, III, OP $5.20
d) Ryan C. Person c/o Monte Person, OP $28.48
e) Johnny Skubal, OP $10.29
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a q>lications.
applications are for Over Payment. On motion by
ioner Peters, seconded by Commissioner Mallard, the
unanimously to approve the tax refund
The Court next considered a request by the Auditor's
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~ice for rev±ew of ~wo requisitions for payment ~o Tharp's
.nting Services submitted by Ray Truelove, Justice of the
tce for Precinct 2, Place 2. Judge Truelove did not follow
County Purchasing Policy. One invoice was in the amount
$110.80 and the second was in the amount of $13.95. On
ion by Commissioner Peters, seconded by Commissioner
ley, the Court voted unanimously to approve payment of the
requisitions.
The Court proceeded to consider the following Blanket
chase Orders:
Scarmardo Produce Jail
US Foodservice Jail
Sysco Food Jail
Ben E. Keith Jail
Performance Jail
Flower's Bakery Jail
Lilly Dairy Jail
Brazos Wholesale Jail
Ray Criswell Jail
Team Systems Jail
$9,750
$7,000
$7,300
$1,450
$4,000
$i,600
$3,400
$ 500
$1,500
$1,400
motion by Commissioner Peters, seconded by Commissioner
_dwell, the Court voted unanimously to approve the Blanket
rchase Orders as submitted.
The Court next considered renewing RFP 2002-042,
inquent Ad Valorem Tax Collection Service with the firm of
:teary, Veslka, Bragg and Allen, P.C. On motion by the
~nty Judge, seconded by Commissioner Peters, the Court
:ed unanimously to renew the RFP.
DL 57 PAGE ., q
Cou~ meetingJune22,2004 5
The next matter before the Court was consideration of the
:ommendation from consultant Ben Sanford for RFP 2004-008,
.ecommunications System and Maintenance for the Detention
lter. Mr. Sanford recommended the proposal submitted by
Ai [iliated Telephone. Total cost of service is $150,002.92.
motion by Commissioner Peters, seconded by the County
tge, the Court voted unanimously to accept the
:ommendation of the consultant. After some discussion
ioner Peters amended his motion to include
~horization for the County Judge to execute the contract
wi ~h Affiliated Communications for the Telecommunications
S' ~tem and Maintenance for the Detention Center. Commissioner
C .dwell seconded the motion and all members voted in favor of
amendment. The court voted unanimously to approve the
mc ion to accept the proposal submitted by Affiliated
T~ ephone A copy of the tabulation is attached.
The Court next considered a request from the Purchasing
Dc }artment for approval of a lease agreement to replace the
ct[l;rent copier in the Justice of the Peace, Precinct 3 office.
monthly lease cost would decrease from $305.00 per month
t¢ $285.00 per month including maintenance. On motion by
C( 'ssioner Mallard, seconded by Commissioner Peters, the
C( :rt voted unanimously to approve the lease agreement to
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>lace the current copier in the Justice of the Peace,
~cinct 3 office.
The Court next considered approval of the Final Plat of
,~th County Estates Phase Nine, 8.82 Acres in Precinct 2.
:hard Vance, County Engineer, stated that he had reviewed
plat and stated that everything was in order.
missioner Mallard moved to approve the final plat of North
lnty Estates Phase Nine, 8.82 Acres as submitted.
missioner Caldwell seconded the motion. Commissioners
_dwell, Mallard and the County Judge voted "Aye"
missioner Peters Abstained because his cousin is the
reloper. The motion carried.
The Court next considered approval of the Final Plat of
Subdivision, 19.9932 Acre Tract, Block 1, Lots 1 through
n Precinct 2. Richard Vance, County Engineer, stated that
had reviewed the plat and stated that everything was in
ter. On motion by Commissioner Peters, seconded by
missioner Caldwell, the Court voted unanimously to approve
final plat of H&G Subdivision, 19.9932 Acre Tract, Block
Lots 1 through 3.
The Court next considered approval of the Amending Plat
Lot Three, Block Two, North County Estates Phase Seven,
5 Acres in Precinct 2. Richard Vance, County Engineer,
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~ted that he had reviewed the plat and stated that
rything was in order. Commissioner Caldwell moved to
,~rove the amending plat of Lot Three, Block Two, North
,~nty Estates Phase Seven, 1.25 Acres. Commissioner Mallard
~onded the motion. Commissioners Caldwell, Mallard and the
,~nty Judge voted "Aye". Commissioner Peters abstained
,~ause his cousin is the developer. The motion carried.
The next matter for consideration by the Court was a
uest submitted by the Ag Extension Agent seeking approval
out of state travel for County Extension Agent Dr. Alma
seca. Dr. Fonseca would be traveling to Nashville,
lnessee to attend the "National Extension Association for
lily and Consumer Sciences (NEAFCS) annual Conference and
libits" October 3-6, 2004. On motion by Commissioner
.lard, seconded by Commissioner Peters, the Court voted
tnimously to grant the request from the County Extension
mt and approved payment of out of state travel expense for
Alma Fonseca.
The next matter before the Court was a request by
rgency Management for approval of transfer of property to
Volunteer Fire Departments from Department Of Justice
cal year 1999 Homeland Security Funding. On motion by
Missioner Peters, seconded by the County Judge, the Court
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ed unanimously to approve the request.
The Court next considered approval of the Homeland
:urity sub-recipient agreement with TEEX designated for
.ter-operability Communications (800 MHZ radios) for the
,tunteer Fire Departments. This is an $89,824.00 grant from
U. S. Department of Homeland Security, Office for Domestic
paredness Grant awarded to the State of Texas. On motion
Commissioner Peters, seconded by Commissioner Caldwell, the
irt voted unanimously to authorize the County Judge to
i+cute the agreement and forward it to Demerle Giordano,
:ector of Emergency Management.
The next matter before the Court was approval of the
~eland Security sub-recipient agreement with TEEX for the
>ile data computers in Sheriff's department vehicles. This
a $45,001 grant from the U.S. Department of Homeland
:urity Law Enforcement Terrorism Prevention Program. This is
total of six (6) computers. On motion by Commissioner
;ers, seconded by Commissioner Mallard, the Court voted
~nimously to authorize the County Judge to execute the
'~eement and forward it to Demerle Giordano, Director of
~rgency Management.
Under announcement of interest items and possible future
~nda topics the following spoke:
DL 57 PAGE
Court meeting June 22, 2004 9
County Judge
a) Said that he received a letter from the City
of College Station in reference to TIF #15
that was supposed to be a letter to dissolve
the TIF but it was not. He will have the
letter on the agenda for the next
Commissioners Court meeting to consider
dissolving the TIF.
Under citizen input and/or concerns, the following
s >ke:
Arlene Parchman,
Supervision
Director,
Community
a) They will be receiving a $70,000.00
grant for the Drug Court.
Under Agency/Board/Committee reports by Court members,
t following spoke:
Commissioner Mallard
a) Attended the Intergovernmental Committee
meeting yesterday and the TIF meeting on
Wolf Pen Creek TIF. There is money left to
promote the area, add parking, do some work
to theatre and add a festival area. College
Station will try to bring festivals in to
Brazos County. The Ice Rink will go in near
the area, but is not part of the TIF. So it
will be on the tax rolls.
Commissioner Caldwell
a) Spoke on the Intergovernmental Committee meeting.
Bill Jeanes, Risk Manager
a)
Made a presentation on losses with workers
compensation. Discussed ways to defer
costs. He also spoke on communication in-
operability, working to get both cities and
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Cc ~missioners Court meeting June 22, 2004 10
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county together communication wise. He
went on to discuss remote booking sites,
and warrant databases.
There being no further business to come before the
irt, the meeting was adjourned.
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foregoing minutes of the Commissioners Court meeting held
e 22, 2004 have been examined and are approved in open
irt this the day of , 2004, in Bryan,
~zos County, Texas.
ldy Sims
~nty Judge
Eric Caldwell
Commissioner, Precinct 1
~ne Peters
missioner, Precinct 2
Kenny Mallard
Commissioner, Precinct 3
~ey Cauley, Jr.
Missioner, Precinct 4
;est:
:en McQueen
~nty Clerk
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foregoing minutes of the Commissioners Court meeting held
e 22, 2004 have been examined and are approved in open
~rt this the
day of ~
, 2004, in Bryan,
~zos County, Texas.
Eric Caldwell
Commissiener, Precinct 1
D~ ~ne Peters ~
C¢ ioner, Precinct 2
C¢ ~mis96oner, Precfnc~ 4
At est:
C
McQueen
[ty Clerk
5-] PAGE
BRAZO,
MEETIN
Name
COUNTY COMMISSIONERS COURT
Organization/Department
Ileolfh
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VOL57 PAGE'--''''''~ I~
BRAZO,
MEETIN
Name
COUNTY COMMISSIONERS COURT
ON ~ ~ 200~AT ¢.'/2¢
Organization/Department
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VOL~7 PAGE
BRAZO;
MEETIN
Name
COUNTY COMMISSIONERS COURT
Organization/Department
VOL.,~ PAGE.,.._ I~'
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR
NO. 03/04-34.1 thru 03/04-34.2
members
The foil
2004 bud
conditions
following
the 22nd day of June 2004 at a regular meeting of the Commissioners' Court, the following
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
proceedings were held:
WHEREAS, on 22 June 2004 the Court heard and approved a budget amendment for the 2003-
year for Brazos County, Texas.
an expenditure is necessary due to the necessity to meet unusual and unforeseen
could not be reasonably included in the original budget adopted 12 September 2003 the
I to the original are hereby authorized, as described on the attached page(s).
AND APPROVED this the 22nd day of June 2004.
THE
COURT OF BRAZOS COUNTY, TEXAS.
Sims, County Judge
Original:
Copies:
County Clerk's Office and attached to the
original budget
County Auditor
County Treasurer
Commissioners' Court Minutes
VOLS? PAGE
BUDGET AMENDMENTS
No. 03/04-34.1
6/22/2004
DIV
370001
110015
To rcallo~
ACCT PROJ D1UCR
676700 DR
611300 CR
ulture Extension
ACCOUNT NAME Increase Decrease
Printers 492.00
Contingency 492.00
for the replacement a of a color printer. The current printer is broken.
~i BUDGET AMENDMENTS
_ No. 03/04-34.2
6/22/2004 --
FD I DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 I 913200 DR Transfers to Grant 97,460.00
01 110015 611300 DR Contingency 97,460.00
/Narcotics T~ sk Force
Grant
DB-01-A10-13864-04
I
einstate I irant to 100% fully funded through grant and match funds.
97,460.00 97,460.00
/
COU
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(This
PERSONNEL CHANGE OF STATUS
tT DATE:
RTMENT:
OSE:
June 22, 2004
Personnel
Approve Personnel Change of Status
i m mm i mm mm mm mm mmmm m mm m m m m m m m m m m m m m m m mm m mm mm mm m m m m m m i m m m m m m m m m mm m m m mmllm m m mm Im mm m mm m m m mmlm m !
7FICE TOLIVER, LINDA RESIGNATION
CT CLERK KESSLER, LORI PROMOTION
RICHARDSON, CRYSTAL NEW HIRE
?Y CLERK
GILLAR, JOSEPHINE
POLANSKY, SYLVIA
GARCIA, MARIA
RINCON, CYNTHIA
RETIREMENT
PROMOTION
TRANSFER WITHIN DEPT.
TRANSFER WITHIN DEPT.
:E OF THE PEACH
'CT. 2, PL. 2
GIBBS, MYRTLE
LEWIS, DONNA
PROMOTION
PROMOTION
ILE SERVICES
JOHNSON, CHRISTENA
AGUILAR, MANUEL
MARIN, LORETTA
ROBINSON, LEONARD
PINEDA, RANDY
TRANSFER WITHIN DEPT.
TRANSFER WITHIN DEPT.
TRANSFER WITHIN DEPT.
TRANSFER WITHIN DEPT.
RESIGNATION
AND BRIDGE
CLrNNINGHAM, DAVID
DISCHARGED
ed in Commissioners' Court: June 22, 2004~ //.~ '~
Judge's or CommiSsioner's Signature:
)py to be attached to minutes)
VOL57 PAGE,
BRAZO$ COUNTY
BRAZOS FOOD BANK
PARTNERSHIP AGREEMENT
This
:30, 20
to thc
OF TEXAS )(
)(
OF BRAZOS
KNOW ALL MEN BY THESE PRESENTS
)(
entered into this ~L day of ~ 200~~, by and between Brazos County,
the "County'; and the Brazos Food Bank, ~ called the 'Wood Bank",
~/n consideration of promises, covenants, t~rms and conditions heroin
the paxti~s lm~to muO_,a!!y agree:
OF .AGRE£MEq~: The term of this agreement shall be for a ~fiod of approximately
beginning on thc date ofth~ execution, of th~ agreeanem and tennirr,~g on
at which ~ the agreement will be renewed, subject to sadsfactory operation under this
and mutual agreem¢~ of both parties. Tho County w~ll provide funding of $5,000.00
to the bonefit of the raodcrat~ and low-income citizc:as of our eoi~,ianity.
and
of County shall be to seek to e~d hunger and food insecurity among the moderate
of our coiiiaianity.
Bank acquires food for distribution through other nonprofit agencies to moderate and
who are subject to hunger and food i~eeurity.
Both _fl~ County and thc Food Bank ontor into ~ coopcxativo ~t to max/mi~ the
cff~oti~ine~s of their common goal and show good stewardship of citizen's dollars and donations.
By
BRAZOS FOOD BANK
Title
Date
THE STJ
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Tax Cod,
informal
CONTRACT FOR THE COLLECTION OF
DELINQUENT PROPERTY TAXES
rE OF TEXAS §
OF BRAZOS §
CONTRACT is made and entered into by and between The County of Brazos,
~e County), acting herein by and through its governing body, and McCreary,
tragg and Allen, P.C. (The Firm), 5929 Balcones Drive, P.O. Box 26990, Austin,
'55.
County agrees to employ and does hereby employ The Firm to enforce by suit or
~he collection of all delinquent taxes, penalty and interest owing to The County.
ar taxes which become delinquent within the period of this contract shall become
51e terms of the contract upon the following conditions:
Faxes on real estate that become delinquent during the term of this contract, that are
aot delinquent for any prior years, become subject to the terms of this contract on July
Ist of the year in which they become delinquent. Taxes on personal property shall
~ecome subject to this contract thirty (30) days after delinquency as defined by the
rexas Property Tax Code.
Faxes that become delinquent during the term of this contract, on property that is
~lelinquent for prior years and is the subject of a suit to collect the prior years
~lelinquent taxes, shall become subject to its terms on the first day of delinquency as
~efined by the Texas Property Tax Code.
II.
County agrees to fumish all necessary delinquent tax information to The Firm on all
ithin the boundaries of The County. The County shall provide The Firm a
:ape of all delinquent taxes each quarter of the year. The County hereby authorizes
to determine the name, identity and location of necessary parties and to procure
regal descriptions of property and hereby assigns to The Firm the right to recover the
,raining such information.
III.
Firm agrees to mail the tax notices required by Section 33.07 of the Texas Property
at no charge provided that The County furnishes the current year delinquent tax
n on computer tape to The Firm on or before the 10th day of May of each year.
printer.
coming
IV.
County shall provide Office Space in the County Tax Office to accommodate two (2)
of The Firm and system access for The Firm's two (2) computer terminals and a
Firm is to advise The County of errors, double assessments or other discrepancies
observation during the progress of the work.
hereafter
VI.
Firm is to intervene on behalf of The County in all suits for ad valorem taxes
by any other taxing unit on property located within its boundaries.
Th
The Cou
A
July 1 st
A collec
to be cull
School E
due on Jt
and a col
be collec
goals, a 1[
for Braze
of thirty-
College
not met
($6,00C
in the am
School E
VII.
Firm agrees to make written delinquent tax collection progress reports to
ty quarterly or upon request.
VIII.
:ollection goal of sixty-five percent (65%) of the balance of the current taxes due on
be collected by the following June 30th is established for the City of College Station.
~n goal of sixty-five percent (65%) of the balance of the current taxes due on July 1st
cted by the following June 30th is established for the College Station Independent
~triet. A collection goal of fifty-eight percent (58%) of the balance of the current taxes
y 1 st to be collected by the following June 30th is established for the City of Bryan
~ction goal of sixty percent (60%) of the balance of the current taxes due on July 1st to
~d by the following June 30th is established for Brazos County. In addition to these
,al for total delinquent collection for each of the four taxing jurisdictions is established:
County a collection goal of thirty-eight percent (38%), City of Bryan a collection goal
.ght percent (38%), City of College Station a collection goal of fifty percent (50%) and
trion Independent School District a collection goal of fifty percent (50%). Ifa goal is
exceeded, The Firm shall pay a penalty to The County in the amount of six thousand
he City of Bryan in the amount of four thousand ($4,000), the City of College Station
unt of two thousand five hundred ($2,500) or to the College Station Independent
;trict in the amount of nine thousand ($9,000).
TI
delinque
for whiel
contract.
not subje
Tl~
College
addition~
propertie
accounts
TI~
officers
reason
of The
liable,
expense,
County agrees to pay The Firm, for services rendered, fifteen percent (15%) of all
taxes, penalty and interest collected by The County for itself and all the taxing units
it collects except for the Bryan Independent School District, for years covered by this
[['he penalty imposed pursuant to Sections 33.07 and 33.08 of the Property Tax Code is
~ t° this contractual fee. The County shall pay fees due The Firm monthly by check.
Firm agrees to include with its tax lien foreclosures, for the Cities of Bryan and
ation, any other city liens which are assessed against the same properties. An
title research fee of twenty-five dollars ($25.00) shall be charged against these
to be collected as court costs and paid to The Firm.
Firm agrees to pay in the month of July ail the taxes, penalties and interest on those
,n which the total due is one dollar ($1.00) or less.
Firm shall and does hereby agree to indemnify and hold harmless The County, its
employees, from any and all damages, loss, or liability of any kind whatsoever, by
property or third persons occasioned by any error, omission or negligent act
its officers, agents, employees, invitees, and other persons for whom it is legally
to the performance of this Contract, and The Firm will, at its cost and
and protect The County against any and all such claims and demands.
Th
with an c
right to
intentior
judgmen
the date
these
herein
contract
'. contract is drawn to cover a period beginning July 1, 2004, and ending June 30, 2006,
tion for The County to renew for two additional years, and each party shall have the
rminate this contract by giving at least thirty (30) days written notice of such
provided however, that The Firm shall have an additional six (6) months to reduce to
md sale ail tax collection lawsuits filed and collect all bankruptcy claims filed prior to
mentioned and shall have the exclusive fight to compensation of fees earned due to
during this six (6) month period. In consideration of the terms and compensation
The Firm hereby accepts said employment and undertakes the performance of this
above written.
Tg
The Cou
govemin.
recorded
Firm fully incorporates into this contract all terms and conditions presented to
.ty in its "Proposal for the Collection of Delinquent Property Taxes" on April 18, 2002.
XV.
. contract is executed on behalf of The County by the presiding officer of its
body who is authorized to execute this instrument by order heretofore passed and duly
its minutes.
['NESS the signatures of all parties hereto in duplicate originals this the o0~fla~ day
, A.D. 2004, Brazos County, Texas.
THE CO.~ OF BRAZOS, TEXAS
Coun/~ge -
McCREARY, VESELKA, BRAGG & ALLEN, P.C.
Attorneys at Law
GateWay Center
5929 Balcones Drive
P.O. Box 26990
Austin, Texas 78755
Shelbume J. Veselka
June 18 1004 Page I
In re:
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SCOPE of PROPOSALS
anse to the RFP, each vendor proposed a new system for the Detention Center as
an upgrade of the Courthouse PBX and voice messaging systems. The systems
~e networked together, using either a Verizon or alternative carrier T 1 circuit or
-provided fiber.
· s were also required to provide costs for service work and equipment.
:rent maintenance contracts with Verizon will expire on or about September 30,
Vendors proposed new maintenance agreements to cover all items during normal
:s hours for Health and Juvenile as specified in the RFP.
~Posers were required to be Nortel-certified to provide Meridian 1 PBX and
U[ hybrid as well as voice messaging installation, maintenance and upgrades.
SYSTEM OF ANALYSIS
he same criteria noted in the RFP, all responses were analyzed as to how well they
se criteria for your specific needs when compared to the other responses. The
ions are summarized in this report with specific notes as to their ratings.
ior criteria published in the Request for Proposal were:
Experience, reputation, stability, and continuing maintenance capability of the
proposed vendor (40%).
Reasonable costs, including maintenance and equipment Moves, Adds, and
Changes (50%).
Proposal response, including complete understanding of services requested.
(10%)
.~nts and observations have been made regarding each category for all proposals
~d. The comments are a summary of technical responses, references provided,
mt experience, industry reputation of the equipment and companies concerned,
:ussions with the various vendors and manufacturer Nortel.
total, from a scale of 0 - 100, was then awarded in each category and multiplied
veighted percentage assigned to the various criteria. The point totals and
tendations are contained in the last portion of this report. Cost items include the
~ance contract as well as projected moves, adds, and changes (MACs).
tC factor for this report was arrived at by using an assumed formula of forty hours
,.~, t .welve new single-line sets, four new multiline sets, and twenty hours of
flirting per year, plus any other associated charges (i.e., additional circuit cards).
was not factored, as the county generally provides that through Bill Bowers and
ntenance Department.
VOL ,57 g
June 11 ~004 Page 2
TELEPHONE SYSTEM PROPOSERS
Affiliated Telephones, Inc.
Kirk Baldridge / Jim Carter
720 Avenue F, Suite 109
Piano, Texas 75074
Phone: 972-852-4027
Fax: 972-852-8050
kbaldridge(~affiliatedtelephone.com
NextiraOne, LLC.
Charlotte Elliott / Syndy Baum Gold
2800 Post Oak Blvd.
Houston, Texas 77056
Phone: 713-307-4780
Fax: 281-966-1517
charlotte.elliott~nextiraone.com
Verizon Southwest, Inc.
Corey Brown / Robert Scott
7979 Beltline Dr.
Irving, Texas 75063
Phone: 972-399-5549
Fax: 972- 399-5552
corey.w.brown~verizon.com
June 18 004 Page
FINANCIAL ANALYSIS
Annual Moves, Adds and Changes (MAC)
ITEM
2 single-line sets (M8009) & wiring plus ~ card
multi-line sets (M3903) & wiring plus ¼ card
of programming
of on,site labor w/12 trip charges *
First Year
ATI
$ 2,840.75
$ 1,666.92
$ 1,500.00
$ 3,000.00
$ 9,007.67
NextiraOne
$ 3,678.35
$ 1,823.84
$ 2,000.00
$ 5,200.00
$ 12,702.18
verizon
$ 4,172.83
$ 2,917.87
$ 850.00
$ 3,880.00
$ 11,820.70
2 single-line sets (M8009) & wiring plus ~ card $ 2,982.79 $ 3,935.83 $ 4,464.93
multi-line sets (M3903) & wiring plus ¼ card $ 1,750.26 $ 1,951.50 $ 3,122.12
$ 1,575.00 $ 2,140.00 $ 909.50
12 trip charges * $ 3,150.00 $
4,151.60
kL Second Year **
$ 5,564.00
$ 9,458.05 $ 13,591.33 $ 12,648.14
Two-Year Maintenance $ 18,465.72 $ 26,293.51 $ 24,468.84
- Second year 5% 7% 7%
TOTAL FINANCIAL ANALYSIS
Detention Center
Courthouse
Performance Bond
Equipment Subtotal
Det Center Maint
Courthouse Maint
Juvenile Maint
Health Maint
$ 32,000.00
$ 47,369.00
$ 3,612.50
$ 79,369.00
$ 18,180.00
$ 1,824.00
$ 2,016.00
$ 51,629.87
Maint Total 1st Year
$ 59,570.95
$ 111,200.82
$ 16,725.92
$ 2,968.92
$ 3,469.29
$ 45,754.72
13,591.33
$ 59,566.20
$ 105,320.92
$ 30,787.68
$ 3,154.32
$ 4,170.00
$ 24,324.00 $ 23,164.13 $ 38,112.00
Maint 2nd Year $ 27,844.20 $ 28,971.02 $ 46,813.92
MAC 1st Year $ 9,007.67 $ 12,702.18 $ 11,820.70
MAC 2nd Year $ 9,458.05 $
Subtotal 2nd Year
$ 12,648.15
$ 46,309.92 $ 55,264.53 $ 71,282.77
Grand Total $ 150,002.92 $ 189,629.48 $ 214,715.69
Points
VOL
and3} Si-ms, County Judge
date
June 1~ !004 Page 4
I. /
B
EVALUATION OF PROPOSALS
~FILIATED TELEPHONE, INC. (ATI)
Comments
Vendor - Affiliated Telephone is a fully authorized Nortel distributor who
only handles that manufacturer's product line. They have been servicing the
Dallas/Ft. Worth metroplex from Plano since 1984, and have added branches
in Houston and Austin. They have over 10,000 Nortel Meridian PBX
stations installed. ATI is privately owned but has provided confidential
financials.
They have 6 certified PBX and Meridian Mail service technicians in Austin.
ATI features a two-hour emergency response time, and eight business hours
for routine service. They are currently servicing two major BSA clients in
north Texas, with satisfactory results.
ATI is proposing to use techs from Brazos Valley Telephone to work under
ATI's direction. Brazos Valley has two techs that are certified on Nortel
products and are currently servicing such. At least two more are available to
do cable work, etc. ATI would be the point of contact for the county and will
perform remote diagnostics, monitoring, and tech support for the Brazos
Valley techs. Any complex tasks would be dealt with by ATI techs from
another city.
2. Cost - This proposal is the least expensive, which is the usual for ATI.
Normal labor rates are at $75 per hour, with no trip charge.
Ratings
Vendor 45 40 18.0
Cost 100 50 50.0
Proposal 85 10 8.5
TOTAL 76.5
VOL 51
June 18
II. N
B
~3004
Page 5
XTIRAONE, LLC.
Comments
Vendor - NextiraOne is a privately held company and financials are
treated as confidential and are not released to the public. In March of 2001,
Williams (formerly WilTel) was purchased by Platinum Equity and
integrated with another Platinum Equity company - Milgo Solutions.
Platinum Equity is a privately held technology company with more than
15,000 employees and over $2 billion in revenue. Platinum Equity,
founded in 1994, currently owns 20 technology driven corporations,
occupies 60 office locations in 11 countries, and features an established
infrastructure in more than 100 countries and offices in Europe, Asia, and
South America serving tens of thousands of customers located throughout
the world.
NextiraOne is a Cisco Gold Certified and Professional Services partner and
sells and supports data, voice, and video products from NEC, Octel, Nortel
Networks, and Alcatel among others. NextiraOne serves more than
100,000 customer sites.
Nextira One's national headquarters is in Houston, and they also have an
Austin office, they list 72 technicians certified in the proposed Nortel
products, but they service an area from Bryan to Galveston. They did not
list any Bryan references but have at least one tech that lives near the area.
Their reference rating averages 8.3. Emergency response time is two
hours, and eight hours for routine service calls.
2. Cost - Their overall cost was the highest. Their hourly rate is $100, with
a one-hour minimum, which includes one-way drive time to the site.
Ratings
Vendor 48 40 19.2
Cost 76.1 50 38.1
Proposal 85 10 8.5
TOTAL 65.8
VOL, 7_m . 3g
June 11 !004 Page 6
III.
ERIZON SOUTHWEST, INC.
Comments
Vendor - Verizon (formerly GTE) is a publicly held company that merged
with Bell Atlantic and is now the incumbent local exchange company (ILEC)
for much of the United States. With operating revenues of $67 billion and
more that 200,000 employees, Verizon has 61 million access lines and 37
million customers. They are a Fortune 50 company and were just added to
the 30 companies that make up the Dow Jones Industrial Average.
The company had 1 Q2004 net income of $1.2 billion. However, they had
massive layoffs and early retirements last fall, which has directly impacted
Brazos County service as well as the ability to gather information for this
project. Per county personnel, it has become increasingly difficult to get
things done with them in a timely manner.
Their reference rating averaged 7 of 10. However, only one of the required
three references was provided. We used the only legitimate one given and
the county's assessment to arrive at a rating.
Emergency response time is two hours, and eight hours for routine service
calls.
2. Cost - Their overall cost was higher than ATI. Their hourly rate is $85,
with a two-hour minimum, which includes drive time to the site.
Ratings - Verizon
Vendor 60 40 24.0
Cost 68.8 50 34.4
Proposal 80 10 8.0
TOTAL 66.4
June 18
i004
VENDOR FACTORS and RATING
Parc 7
ITEM ATI NextiraOne
Yes Yes
Yes Yes
Provided Yes No
Strength Private/Small Did Not Disclose
Used Yes* No
of Maintenance Force Piano/Bryan Houston/Homes
6/2 72
Techs 6 / 2 72
? 248
'Systems Serviced ? 261
System Ratio ? 1/3.625
System Ratio ? 1/3.444
Iof 10) 9.0 8.3
r Rate $75 $100
On-Site Site/1 Way Tvl
Time 1 Hour 1 Hour
0 0
Escalation Factor - Yr. 2 5%
Yr.2 5% Negotiable (7%)
Very Good Very Good
Fair Good
Good Fair
Vein
No
Yes
Yes
Public/Very Good
No
Bryan
5**
9**
'2qot Avail"
'not Avail"
?
?
7.0
$85
On-Site
2 Hours
$40
None (7%)
None (7%)
* Bn
** Te,
:os Valley Telephone techs (two certified) under contract.
is also service residential and business telephone lines.
June I1 2004 Page 8
upgra
main
by Ju
2. Cz
from
This
costs 1
units).
Veriz{
servic
ATI's
bridge
furthe
3. TI~
availa
mainl
RATINGS SUMMARY
Point Totals
1. Affiliated Telephone. 76.5
2. Verizon 66.4
3. NextiraOne 65.8
RECOMMENDATIONS
:ept the proposal of Affiliated Telephone for a new Detention Center system and
~' of the Courthouse PBX and voice messaging software, plus a one year
~ance agreement with a renewal option. The equipment contract must be signed
23 to take advantage of manufacturer discounts that expire June 30.
nty-provided fiber is available between the locations. However, it is single-mode
e Courthouse to Juvenile, then multi-mode from there to the Detention Center.
~sents some challenges that are still not fully resolved. Therefore, these report
'e for traditional T1 service connected by vendor-provided CSUs (channel service
t's original quote for a T1 was $588 per month. However, obtaining the same
from Verizon through Tex-An is only $218.40 per month, or $2621 per year.
dditional cost for equipment would be about $2100 plus undetermined labor to
he fiber at Juvenile and terminate both ends. This option should be discussed
but should not delay the ordering of the Nortel equipment.
Road & Bridge / Extension Office Norstar system configuration was not
.e in time for the RFP release. That location should also be added to the
tance contract.
//nag Maria
This linage Managelnent
we use "you" " "
or your ,w
office is located at 1738 B:
CUSTOMER INFORMATION
Full Legal Name
IKON FinancialServices-
· ement Plus Agreement Number:.
as Agreement ("Agreement") has been written in clear, easy to understand language. Please take timi to review the terms. When
;re referring to you, our Customer. When we use "we", "us", or "our" we are referring to IKON Financial Services. Our corporate
Road, Macon, GA 31210.
Customer Billing Contact:.
Phone (ext) Fax/E-mail
_~omer Location AddresJ ~ Cust0~mer Billing Address (if different)
City ] Coun~y~ . State Zip County State
EQUIPMENT DESCRIPTION (dl~quipment) Zip
Quantity Equipme~ Description. Make, Model, & Serial Number Quantity Equipment Description: Make, Model & Serial Number
UI Check if Additional Equi nent Schedule attached
PAYMENT SCHEDULE
Minimum Term (mos.)
Minimum Payment
Without Tax
ADDITIONAL PROVISIONS (lis
Sales Tax Exempt ~Yes (An
Addendum Attached D Yes
TERMS AND CONDITIONS
You agree to use this Equipl
household purposes and the
2. Location of Equipment. Ym
move the Equipment. With
3. Ownershi~ of Eouinmen~ !
RIGHT TO SEL~, TRAN
(which consent shall not be t
assign to them but none oft
us. (You further agree that the
I
Cost ] Cost of
Per Image[ Additional
Imaees
_~M~ent Due
onthly
Quarterly
__.Other
Guaranteed
Minimum
Monthly/Quarterly/Other
Images
Advance Payment of
$. 0. oo
{Tax included)
Apply to 1" Payment
Other
Meter Reading/Billing
For Additional Images
Monthly
-7OQuarterly
ther (Specify)
~ere, if any):
~ Exempdon Certificate) Customer Bilhng Reference Number (P.O.#, etc.)
21}eck if yes and indicate total number of pages: )
a~ntgr~e to, ns~e ?e. Eqmpment !ist.ed above and pay the sums described a. bove. THIS AGREEMENT IS UNCONDITIONAL AND NON-CANCELABLE.
or meffnmmu? Term ~ndicated above. You agree that the Eqmpment will be used solely for lawful business purposes and not for personal famil or
mstomer ~ocauon" ~s a bnsmess address. Our signature below will indicate our acceptance of this Agreement. Y
rill keep the Equipment at the customer location specified above. You must obtain our written permission, which will not be unreasonably withheld, to
tsonable notice, you will allow us or our designee to inspect the Equipment.
ignment. We are the sole owner and tideholder to the Equipment. You will keep the Equipment free of all liens and encumbrances. YOU HAVE NO
'~ER, ENCUMBER, SUBLET OR ASSIGN THE EQUIPMENT OR THIS AGREEMENT WITHOUT OUR PRIOR WPd YYEN CONSENT
:easonably withheld). You agree that we may sell or assign any of our interests without notice to you. In that event, the assignee will have such rights as we
obligations (we will keep those obligations) and the rights of the assignee will not be subject to any claims, defenses or set-offs that you may have against
'ditional terms and conditions on the next page of this Ag~eeraent are incorporated by referm~ into this Agreement.)
)F THE CUSTOMER REPRESENTS HE/SI~ HAS THE AUTHORITY TO DO SO.
Date: dA/~ (Authorized Signer's Printed Name) (Authorized Signer's Title)
other charges req,
Financial Services
I agree that IKON Financial:
Equipment, in which event, I
incurred in enforcing its rights.
OF ANY COURT LOCATED
TO RESOLVE ANY,
ti Services entering into the above Agreement, I uncondifonally guarantee that the Customer will make all payments and pay all
hey are due, and that the Customer will perform all other obligations under the Agreement fully and promptly. I also agree that IKON
make other arrangements with the Customer, and I will still be responsible for those payments and other obligations under the Agreement.
not notify me of any default under the Agreement and may proceed directS, against me without first proceeding against the Customer or the
~ all amounts due under the terms of the Agreement. In addition, I will reimburse IKON Financial Sen, ices for any costs or reasonable attorney fees
guaranty of payment and not of collection. I CONSENT TO THE VENUE AND NON-EXCLUSIVE JURISDICTION
EACH OF THE STATE OF GEORGIA AND THE STATE WHERE MY PRINCIPAL PLACE OF BUSINESS OR RESIDENCE IS LOCATED
' UNDER THIS GUARANTY.
X
Guarantor
Date:
Home Address:
City:
State: Zip:
(Printed Name of Guar Do Not Include Title)
Home Phone: S.S.N.:
VOL 6'7 ?AGE ....
determined to be a secu
the Equipment, and all
loss or other dispositior
as a financing statemen~
financing statements
vided, however, that ye
without your authentica
6. ~Varranties. We transfer
any written warranties
Since we are a finance
of the Equipment, WE
INCLUDING WARR~
USE OR FOR A PAR
selected the Equipment
you hereby affrmatively
Equipment made to you
7. Maintenance of Our Eq
~nd maintain the Equip:
to use only those suppli~
IKON Office Solutions,
a separate agreement for
tion, except for ordinary
8. Indemnity.. Liahili.ty and
nify, defend and hold cae
bodily injury of any ager
the damage, loss or desu
the extent caused by the
nifying party. Notwithst
liable to you for any in,
have possession and con!
injury or loss caused by
use, misuse or possessim
lng to the Equipment ¥
the extent the damage e
agree to maintain insural
without limit, theft, in
will name us as an addi~
insurance will provide.
cancellation. Upon our
erage in a form reasona
Equipment, you agree t~
Agreement until the payl
9. Renewal and Return of
this Agreement will rem
the other in writing at
or extension. You must
returned by you and is
10.
11.
Taxes and Filin~ Costs. I[nLaddition to the payments under this Agreement, you agree
to pay all taxes~ fees, a4d~filing costs related to the use of the Equipment, even if
billed after the end of tl[e[term of this Agreement. If we are required to file and pay
property tax, you agree lt~ reimburse us. If you are required to fie and pay the taxes
directly to the tax collect, we will notify you.
UCC Filing. To protectlc~Urll rights in the Equipment in the event this Agreement is
y agreement, you hereby grant to us a security interest in
oceeds, products, rents or profits from the sale, casualty
~ereof. You authorize us to file a copy of this Agreement
~nd you agree to promptly execute and deliver to us any
· lng the Equipment that we may reasonably require; pro-
aereby authorize us to file any such financing statement
,n to the extent permitted by applicable law.
) you, without recourse, for the term of this Agreement,
de by the manufacturer with respect to the Equipment.
npany and neither the manufacturer nor the distributor
AKE NO WARRANTIES, EXPRESS, OR IMPLIED,
TIES OF MERCHANTABILITY OR FITNESS FOR
iCULAR PURPOSE. You acknowledge that you have
,u are renting from us based on your own judgment and
sclaim reliance on any oral representation concerning the
ament and Agenc3t You agree to install (if required), use
:nt in accordance with manufacturers' specifications and
which meet such specifications. You may elect to engage
e. ("IKON") to provide maintenance sen4ces pursuant to
tch purpose. You will keep the Equipment in good condi-
sar and tear.
uranee. (a) The parties to this Agreement will in&m-
t~ther harmless from all claims arising out of the death or
employee or business invitee of the indemnified party or
:tion of any tangible property of the indemnified party to
egligence or intentional acts or omissions of th~-indem-
ding anything to the contrary, in no event shall we be
ect, special or consequential damages. (b) Because you
I of this Equipment, you are responsible for any damage,
to) the Equipment or other property resulting from the
f the Equipment or any accident or other casualty relat-
are responsible for damage or injury to third persons to
njury is caused by our negligent acts or omissions. You
e to cover the Equipment for all types of loss, including,
tmount not less than the full replacement value and you
al insured and loss payee on your insurance polic~ Such
we will be given thirty (30) days advance notice of any
uest, you agree to provide us with evidence of such coy-
satisfactory to us. In the event of loss or damage to the
'.main responsible for the payment obligations under this
nt obligations are fully satisfied.
quipment. After the minimum term or any extension,
on a month-to-month basis unless either party notifies
t 30 days prior to the expiration of the minimum term
y any additional payments due until the Equipment is
:eived in good condition and working order by us or
our designees. We will b shipping charges so long as replacement Equipment is
selected from IKON. ] I
Payments. Payments wih[ *gin on the delivery date. The remaining payments are
du~ on the same day of e[~la subsequent month (unless otherwise specified on page
I hereo0. You agree to ~1~ us each payment when it is due, and if any payment is
not made within ten da~ ~af its due date you agree to pay a one-time late charge
of 5% or $5 (whichever i~.l~reater but not to exceed the maximum amount allowed
by applicable law) on the 0~erdue'amount. You also agree to pay $25 for each check
returned for insufficient I ~ds or any other reason.
Default. If you do not pa
any other term of this
the right to exercise any
including Article 2A of d
ALL RIGHTS AND RE
HAVE UNDER ARTI(
MANUFACTURER). A~
may accelerate and requix
the Agreement present w,
the present value (at the
ment at the end of the t~
and pursue you for any d
Accepted by IKON FIN
Name
~ny amount within thirty days of its due date, or breach
rreement, you are in default. If you default, we have
~d all legal remedies available to us by applicable laws,
Uniform Commercial Code. YOU WAIVE ANY AND
EDIES AS A CUSTOMER OR LESSEE THAT YOU
.E 2A AGAINST US (BUT NOT AGAINST THE
ifionalfy, we are entitled to all past due payments, and we
rou to immediately pay us the future payments due under
ed at the discount rate of 6% to the date of default plus
~ae discount rate) of our anticipated value of the equip-
a of this Agreement. We may repossess the Equipment
ciency balance after disposing the Equipment, all to the
NICIAL SERVICES:
extent permitted by law. You waive the rights you may have tc .~otice before we seize
any of the Equipment. You agree that all rights and remedies are cumulative and not
exclusive. You promise to pay reasonable attorney fees and any cost associated with
any action to enforce this Agreement. This action will not void your responsibility to
maintain and care for the Equipment, nor will IKON be liable for any action taken
on our behalf. Default also includes your becoming insolvent, assigning assets for
the benefit of creditors, filing for bankruptcy protection or failure of the guarantor
to honor its commitment. If we take possession of the Equipment, we agree to sell
or otherwise dispose of it under such terms as may be acceptable to us in our discre-
tion with or without notice, at a public or private disposition, and to apply the net
proceeds (after we have deducted all costs, including reasonable attorneys' fees) to
the amounts that you owe us. You will remain responsible for any deficiency that is
due after we have applied any such net proceeds.
12. Business Agr~ cement and Choice of Law. YOU AGREE THAT THIS AGREE-
MENT WILL BE GOVERNED UNDER THE LAW FOR THE STATE OF
GEORGIA. YOU ALSO CONSENT TO THE VENUE AND NON-EXCLU-
SIVE JURISDICTION OF ANY COURT LOCATED IN EACH OF THE
STATE OF GEORGIA AND THE STATE WHERE YOUR PRINCIPAL PLACE
OF BUSINESS OR RESIDENCE IS LOCATED TO RESOLVE ANY CON-
FLICT UNDER THIS AGREEMENrE WE BOTH WAIVE THE RIGHT TO
TRIAL BY JURY IN THE EVENT OF A LAWSUIT.
13. No Waiver or Set off: Entire A~eement: Delive .ry & Acceptance Certificlte You
agree that our delay, or failure to exercise any fights, does not prevent us from exer-
cising them at a later time. If any part of this Agreement is found to be invalid, then it
shall not invalidate any of the other parts and the Agreement shall be modified to
the minimum extent as permitted by law. ALL PAYMENTS TO US ARE ~NET"
AND ARE NOT SUBJECT TO SET OFF OR REDUCTION. You agree that the
terms and conditions contained in this Agreement represent the entire agreement
between you and ns and supersede all prior written or oral communications, under-
standings or agreements. Neither of us will be bound by any amendment, waiver, or
other change unless agreed to in writing and signed by both. Any purchase order,
or other ordering documents will not modify or affect this Agreement, nor have
any other legal effect and shall serve only the purpose of identifying the equipment
ordered. You agree to sign and return to us a delivery and acceptance certificate
(which, at our request, may be done electronically) within 3 business days after any
Equipment is installed.
14. Image Charges/Meters. In return for the Minimum Payment, you are entitled to
use the number of Guaranteed Minimum Monthly/Quarterly/Other Images. If you
use more than the Guaranteed Minimum Monthly/Quarterly/Other Images in any
month/quarter/other period, as applicable, you will additionally pay a charge equal
to the number of additional metered images times the Cost of Additional Images.
If we determine that you have used more than 20% over the manufacturer's recom-
mended specifications for supplies, you will pay reasonable charges for those excess
supplies. The meter reading frequency is the period of time (monthly, quarterly,
etc.) for which the number of images used will be reconciled. The meter reading
frequency and corresponding additional charges, if any, may be different than the
Minimum Payment frequency. You will provide us or our designee with the actual
meter reading upon request. If such meter reading is not received within 7 days,
we may estimate the number of images used. AdjusUnents for estimated charges for
additional images will be made upon receipt of actual meter readings. Notwithstand-
ing any adjustment, you will never pay less than the Minimum Payment.
15. Counterparts: Facsimile~. You acknowledge and agree that the IKON service com-
mitments included on the "Image Management Plm Comrairraentd' 'page attached to
this Agreement (collectively, the "Guarantees') are separate and independent obliga-
tions of IKON governed solely by the terms set forth on such page. They do not
represent obligations of us under this Agreement and are not incorporated herein by
reference. You agree that IKON alone is the party to provide all such services and
is direcdy responsible to you for all of the Guarantees. We are the party responsible
for financing and billing this Agreement, including, but not limited to, the portion
of your payments under this Agreement that reflects consideration owing to IKON
in respect of its performance of the Guarantees. Accordingly, you and we expressly
agree that IKON is an intended party beneficiary of your payment obligations here-
under. This Agreement may be executed in counterparts. The counterpart that has
our original signature and/or is in our possession shall constitute chattel paper as
that term is defined in the Uniform Commercial Code ("UCC") and shall consti-
tute the single true original agreement for all purposes. If you sign and transmit this
Agreement to us by facsimile, the facsimile copy, upon execution by us, shall be bind-
ing upon the parties. You authorize us to supply any missing "configure to order"
number ("CTO"), other equipment identification numbers (including, without limit,
serial numbers), agreement identification numbers and/or dates in this Agreement.
You agree that the facsimile of this Agreement manually signed by us, when attached
to the facsimile copy signed by you, shall constitute the original agreement for all
purposes, including, without limitation, those oudined above in this Section. You
agree to deliver to us upon our request the counterpart of the Agreement containing
your original manual signature.
Authorized Signer Title Date
VOL 37
Image Management Plus Agreement 4.04
June 4, 2(
Ms. Delv
101 Rege
Bryan, T)
Dear Gio:
You are n
Program
as the Juri
Assessme]
the correc:
that this p:
The enclo:
2004 State
respond to
Jurisdictio
WMD/Tex
retained b
block 12/~
the exercis
The Notic
Manager,
Officer fo
signature
individual
.4 ward is
meet the
an extem
and Conu
Subrecipi~
Address:
Director ol
John B. Ct
301 Tarrox
College St
Fax: (979)
Emil: sup
If you haw
contact Ch
Sincerely,
Charles Tc
Director ot
Texas Eng
,4
2004 SHSP - 48041
rle Giordano
Ave, Suite 320
77803
[ano~
eiving the enclosed Notice of Subrecipient,4ward for the 2004 State Homeland Security
Texas 2004 State Homeland Security Program Grant Instructions because you are registered
liction Point of Contact for the Brazos County on the Texas Domestic Preparedness
website. If you are no longer serving in that capacity please immediately give this packet to
ndividual. Your senior elected official has been informed in the grant announcement letter
:ket would be sent to you.
d documents contain the necessary documentation and instructions for you to utilize your
tomeland Security Program (SHSP) sub-grant to improve your jurisdiction's ability to
~otential terrorist use of a Weapon of Mass Destruction.
~ with an exercise amount in block 12 have been nominated to participate in the Texas
)rism Incident Exercise Program. The exercise program will be provided using grant funds
the state on the jurisdiction's behalf. Jurisdictions nominated for an exercise need to complete
Jurisdictions declining the exercise will receive the grant amount shown in block 11, but not
amount.
of Subrecipient,4ward should be signed by the County Judge, City Mayor, City
~Iayor Pro-TEM, Executive Director for the Council of Government, or Chief Financial
the jurisdiction. Subgrants to agencies should be signed by the agency director. Other
· ill require an accompanying statement from the senior elected official authorizing the
o sign for the jurisdiction. The Deadline to return the signed Notice of Subrecipient
lgust 16, 2004, either by fax or postmarked with the due date. Jurisdictions that cannot
adline should immediately contact the Texas Engineering Extension Service to request
a. A maximum 30 day extension may be granted to allow for schedules of City Councils
issioners' Courts. The offer of award will be withdrawn if the signed Notice of
t,4ward is not returned by the due date or extended date.
)omestic Preparedness
nally Building
.TEEX, Suite 138
ion, TX 77840-7896
58-6927
>rt~texasdpa.com
my questions, or require further information regarding this award, please do not hesitate to
· les Todd, TEEX Director of Domestic Preparedness, at (979) 458-6815.
)omestic Preparedness
eering Extension Service
VOL PAGE'
2004 SHSP - 48041 Page 1
TEX/ ~ ENGINEERING EXTENSION NOTICE OF SUBRECIPIENT AWARD
SERVICE FOR
Brazos County
ST~ I~E HOMELAND SECURITY
GRANT PROGRAM
1. RECIP] NT NAME AND ADDRESS 4. AWARD NUMBER:2004 SHSP - 48041
Ms. I Merle Giordano
101 R ~ent Ave, Suite 320 5. PROJECT PERIOD: FROM DEC 1, 2003 - NOV. 30, 2005
Bryan l'X 77803
BUDGET PERIOD: FROM DEC 1, 2003 - NOV. 30, 2005
6. AWARD DATE 7. ACTION
June 4, 2004
IA. GRAN EE IRS/VENDOR NO. 8. CFDA NUMBER: Initial Award
174600043 ) 97.004
9. AMOUNT AWARDED AS A BASE GRANT: $0.00
3. GRAW. rlTLE 10. AMOUNT AWARDED FROM REGION: $89,824.00
2004 STAq HOMELAND SECURITY PROGRAM
3A. Grant ward number to TEEX: 2004-GE-T4-0015 11. TOTAL SUBRECIPIENT AWARD (9+10): $89,824.00
12. AUDi'! ~NAL AMOUNT AWARDED FOR AN EXERCISE PROGRAM TO BE PROVIDED FROM FUNDS RETAINED
BY THE S ATE:
BLOCK 124 TO BE COMPLETED ONLY IF AN AMOUNT IS SHOWN IN BLOCK 12
12A. SUBI ;CIPIENTS V¥1'I'It AN AMOUNT IN BLOCK 12 MUST CHECK ONE BOX
[] S BRECIPIENT ACCEPTS EXERCISE AMOUNT SHOWN IN BLOCK 12, ALL SPECIAL CONDITIONS, AND
'I E GRANT AMOUNT SHOWN IN BLOCK 11.
[] S BRECIPIENT DECLINES EXERCISE AMOUNT SHOWN IN BLOCK 12 AND DOES NOT ACCEPT SPECIAL
C ,NDITION NUMBER 10. SUBRECIPIENT ACCEPTS ALL OTHER SPECIAL CONDITIONS AND THE
15 ANT AMOUNT SHOWN IN BLOCK 11.
13. SPECI L CONDITIONS
THE .t IOVE GRANT IS SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE
SET F RTH IN THE NOTICE OF SUBRECIPIENTAWARD AND IN THE TEXAS 2004 SHSP GRANT INSTRUCTIONS
13. STATI ['ORY AUTHORITY FOR GRANT
THIS PR£ ECT IS SUPPORTED UNDER PUBLIC LAW 108-90, THE DEPARTMENT OF HOMELAND SECURITY
APPROP~ ATIONS ACT, 2004.
13. METIt ~D OF PAYMENT
REIMBUt IEMENT: SEE DETAILS IN TEXAS 2004 STATE HOMELAND SECURITY PROGRAM GRANT
INSTRUC IONS
AGENCY APPROVAL SUBRECIPIENT ACCEPTANCE
16. SIGN.4 'URE OF APPROVING TEEX OFFICIAL 17.TYPED NAME AND TITLE OF AUTHORIZED
SUBRECIPIENT OFFICIAL
ArturoAh zo
Deputy Di~ ctor/CFO
Texas Eng eering Extension Service
AGENCY USE ONLY ZED 18A. DATE
2004 SHSP - 48041 Page 2
~ ENGINEERING EXTENSION NOTICE OF
SERVICE SUBRECIPIENT AWARD
Brazos County
TE HOMELAND SECURITY
GRANT PROGRAM
BER 2004 SHSP - 48041 AWARD DATE June 4, 2004
SPECIAL CONDITIONS
Le Notice of Subrecipie#t Award is only an offer until the subrecipient returns the signed copy of the
~tification of Subrecipient Award in accordance with the date provided in the transmittal letter.
te subrecipient agrees to use funds in accordance with the instructions in the Texas 2004 SHSP Grant
;tructions.
e subrecipient agrees to comply with the applicable financial and administrative requirements set forth in the
trent edition of Office of Justice Programs (OJP) Financial Guide.
e subrecipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of
ttes, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP
mncial Guide, Chapter 19.
brecipient agrees to make no request for reimbursement prior to return of this agreement approved by the
>recipient and signed by the authorized subrecipient representative.
brecipient agrees to make no request for reimbursement for goods or services procured by subrecipient prior to
performance period start date of this agreement.
brecipient agrees to comply with the instructions in the Texas 2004 SHSP Grant Instructions regarding base
mt awards if an amount is indicated in block 9
brecipient agrees to comply with the instructions in the Texas 2004 SHSP Grant Inslxmctions regarding regional
ards if an amount is indicated in block 10.
brecipient agrees to comply with any special conditions and projects hsted in this Notice of Subrecipient
,ard for regional projects.
~recipient acknowledges and agrees that if an mount is listed in block 12 for exercises that the amount will be
d by TEEX as the State Administrative Agency, on behalf of the jurisdiction, and will be used to provide the
:rcise program under the Texas WMD Terrorism Exercise Program.
e subrecipient affirms that federal funds will be used to supplement existing funds, and will not replace
pplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply
:umentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or
~ected receipt of federal funds.
zuu,-, onDr - ~U~l rage j
S ENGINEERING EXTENSION NOTICE OF
SERVICE SUBRECIPIENT AWARD
For
;rE HOMELAND SECURITY Brazos County
GRANT PROGRAM
[BER 2004 SHSP - 48041 AWARD DATE June 4, 2004-
SPECI,~IL CONDITIONS FOR REGIONAL PORTION OF ~IW~IRD
d Conditions for the Regional Portion of the Award.
~t be a continuation of projects started with last funding cycle or be an expansion of current systems to increase
response.
:t 1. This project will begin the process of placing 800 MHz radios in the Volunteer Fire
epartments' tracks, who are on a VHS system.
Project 1 Conditions All allocated regional funds must be used to purchase 800 mHz
radios for Volunteer Fire Departments.
End of Notice of Subrecipient Award
June 7, 2~
DeMerle ~
101 Rege]
Bryan,
Dear Ms.
You are r~
Enforcem
Grant Insl
on the Te:
please irm
informed:
The ench
2004 Sta~
potential
The Noti
Manager~
Officer f~
signature:
individua
Award is
meet the
an extens
and Com
Subrecipi~
Address:
Director o
John B. Ct
301 Tarro,
College S!
Fax: (979
Email: su
If you hay
contact C[
Charles
Director.
Texas En
~4
iordano
Ave, Suite 320
778O3
2004 LETPP - 48041
iordano:
eiving the enclosed Notice of Subrecipient.4ward for the 2004 State Homeland Security Law
it Terrorism Prevention Program (LETPP) and Texas 2004 State Homeland Security LETPP
~ctions because you are registered as the Jurisdiction Point of Contact for the Brazos County
.s Domestic Preparedness Assessment website. If you are no longer serving in that capacity
ediately give this packet to the correct individual. Your senior elected official has been
the grant announcement letter that this packet would be sent to you.
',d documents contain the necessary documentation and instructions for you to utilize your
?Iomeland Security LETPP sub-grant to improve your jurisdiction's ability to respond to
~-orist use of a Weapon of Mass Destruction.
of Subrecipient Award should be signed by the County Judge, City Mayor, City
vIayor Pro-TEM, Executive Director for the Council of Government, or Chief Financial
the jurisdiction. Subgrants to agencies should be signed by the agency director. Other
will require an accompanying statement from the senior elected official authorizing the
to sign for the jurisdiction. The Deadline to return the signed Notice of Subrecipient
agust 16, 2004, either by fax or postmarked with the due date. Jurisdictions that cannot
:adline should immediately contact the Texas Engineering Extension Service to request
n. A maximum 30 day extension may be granted to allow for schedules of City Councils
issioners' Courts. The offer of award will be withdrawn if the signed Notice of
~tAward is not returned by the due date or extended date.
Domestic Preparedness
really Building
-TEEX, Suite 138
5on, TX 77840-7896
~58-6927
ort@texasdpa.com
any questions, or require further information regarding this award, please do not hesitate to
des Todd, TEEX Director of Domestic Preparedness, at (979) 458-6815.
Preparedness
Extension Service
VOL PAGE
2004 LETPP - 48041 Page 1
TEXa $ ENGINEERING EXTENSION NOTICE OF SUBRECIPIENT AWARD
SERVICE FOR
Brazos County
ST~ TE HOMELAND SECURITY
GRANT PROGRAM
1. RECIP] NT NAME AND ADDRESS 4. AWARD NUMBER:2004 LETPP - 48041
DeM~ e Giordano
101 R ent Ave, Suite 320 5. PROJECT PERIOD: FROM DEC 1, 2003 -NOV. 30, 2005
Bryar rx 77803
BUDGET PERIOD: FROM DEC 1, 2003 -NOV. 30, 2005
6. AWARD DATE 7. ACTION
June 7, 2004
IA. GRAI~ EE IRS/VENDOR NO. 8. CFDA NUMBER: Initial Award
17460004~ ) 97.004
9. AMOUNT AWARDED AS A BASE GRANT: $0.00
3. GRAN~ ITI'LE 10. AMOUNT AWARDED FROM REGION: $45,001.00
2004 STA~ ; HOMELAND SECURITY LETPP
3A. Grant z~ard number to TEEX: 2004-GE-T4-0015 11. TOTAL SUBRECIPIENT AWARD (9+10): $45,001.00
:,~)~ m ithe'~l~c~ ~0~ lO~b~a~ and~ i~Od ~pr~ent=~e~amomia:: ...... ~':~ ~e eO~cn off,eminent
12. SPEC] ~L CONDITIONS
THE ~ lOVE GRANT IS SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE
SET~ RTH 1N THE NOTICE OF SUBRECIPIENT AWARD AND IN THE TEXAS 2004 LETPP GRANT INSTRUCTIONS
13. STAT~ EORY AUTtlORITY FOR GRANT
THIS pR( ECT IS SUPPORTED UNDER PUBLIC LAW 108-90, THE DEPARTMENT OF HOMELAND SECURITY
APPROP! ATIONS ACT, 2004.
14. MET[ ID OF PAYMENT
REIMBU] gEMENT: SEE DETAILS IN TEXAS 2004 STATE HOMELAND SECURITY LETPP GRANT
INSTRU£ 'IONS
AGENCY APPROVAL SUBRECIPIENT ACCEPTANCE
15. SIGNt 'URE OF APPROVING TEEX OFFICIAL 16.TYPED NAME AND TITLE OF AUTHORIZED
Deputy Di~ ~tor/CFO
Texas Engi eering Extension Service
AGENCY USE ONLY ZED 17A. DATi~
2004 LETPP - 48041 Page 2
$ ENGINEERING EXTENSION NOTICE OF
SERVICE SUBRECIPIENT AWARD
Brazos County
TE HOMELAND SECURITY
GRANT PROGRAM
BER 2004 LETPP - 48041 AWARD DATE June 7, 2004
SPECIAL CONDITIONS
te Notice of Subrecipient Award is only an offer until the subrecipient returns the signed copy of the
~tification of Subrecipient Award in accordance with the date provided in the transmittal letter.
~e subrecipient agrees to use funds in accordance with the instructions in the Texas 2004 LETPP Grant
;tractions.
e subrecipient agrees to comply with the applicable financial and administrative requirements set forth in the
trent edition of Office of Justice Programs (OJP) Financial Guide.
e subrecipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of
ttes, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP
~ancial Guide, Chapter 19.
brecipient agrees to make no request for reimbursement prior to return of this agreement approved by the
>recipient and signed by the authorized subrecipient representative.
brecipient agrees to make no request for reimbursement for goods or services procured by subrecipient prior to
~. performance period start date of this agreement.
brecipient agrees to comply with the instructions in the Texas 2004 LETPP Grant Instructions regarding base
[nt awards if an amount is indicated in block 9.
brecipient agrees to comply with the instructions in the Texas 2004 LETPP Grant Instructions regarding
ional awards if an amount is indicated in block 10.
~recipient agrees to comply with any special conditions and projects listed in this Notice of Subrecipient
,ard for regional projects.
e subrecipient affLrms that federal funds will be used to supplement existing funds, and will not replace
pplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply
:umentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or
>ected receipt of federal funds.
'oL
2004 LETPP - 48041 Page 3
~S ENGINEERING EXTENSION NOTICE OF
SERVICE SUBRECIPIENT AWARD
For
~TE HOMELAND SECURITY Brazos County
GRANT PROGRAM
~BER 2004 LETPP - 48041 AWARD DATE June 7, 2004-
SPECL4L CONDITIONS FOR REGIONAL PORTION OF /IIV~IRD
.d Conditions for the Regional Portion of the Award.
ast support terrorism prevention and jurisdictions must connect to the Joint Regional Information Exchange
~IES).
et 1. Completion of Mobile Data computer project by procuring and installing 6 approved
[DTs to Sheriff's Department Vechicles.
End of Notice of Subreeipient ,,1 ward