HomeMy WebLinkAbout2004-07-06-9:00AM-RegularBRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
u~
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BRAZOS COUNTY COMMISSIONERS COURT
THE C
SESSIO
OF THE
BRYAN,
1.
2.
MISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
ON 6 JULY 2004 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM
BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115,
, 7Y
and Pledge of Allegiance - Commissioner Cauley
for citizen's input and/or concerns.
take action on agenda items 3 - 20
3. R uest by Donald Lampo, Precinct 2 Constable, on behalf of all the Brazos County
C stables, for approval to purchase the following amounts of fuel in an effort to offset
th increase in the cost of fuel:
a. Constable Precinct l : 625 gallons
b. Constable Precinct 2: 900 gallons
c. Constable Precinct 3: 150 gallons
d. Constable Precinct 4: 525 gallons
T44al amount of fuel requested: 2200 gallons.
4. B*#get Amendment 03/04-36.1 thru 03/04-36.7.
5. P#onnel Change of Status.
6. P44ment of Claims.
7. ling uest by Emergency Management for approval of a subrecipient agreement for the
II State Homeland Security Grant Program as an amendment to the FY03 DOJ
for the amended amount of $13,500.
VOL5-7 PAGE 7 6,
1
Commissioners Court Agenda
6 July 2004
Page 2
8. A roval of Proclamation #04-010 recognizing the many contributions of the Texas
nicipal Fire Training School in celebration of its 75th Anniversary on 28 July 2004.
9. A roval of the Consulting Agreement between Claude Hempel Consulting and Brazos
C ty for their services as an independent contractor to review the policies, procedures
ar. practices of the Brazos County Juvenile Services Department.
10. Ruest from the Community Supervision and Corrections Department for approval of
t Community Service Restitution Program Agreement.
11. A roval of Payment to Patterson Architects for the feasibility study performed on an
e " ting building on Live Oak Street (formerly the Grapevine Restaurant) for the
p osed Brazos County Justice of the Peace, Precinct 3 office. Amount of payment:
$ 00.00.
12. A roval of Payment to the Brazos County Appraisal District as reimbursement to the
A raisal District for Brazos County's portion of TSG Software/Hardware Upgrade.
At4ount of payment: $31,512.00.
13. R nest by Purchasing for approval to purchase materials from Connor Sports Flooring
fo the padding of two cells at the Brazos County Detention Center. This is considered a
s source.
14. Rtuest by Purchasing for approval to renew Bid #2003-036RB - Pharmaceuticals. New
B number is Bid #2004-032R.
15. R uest by Purchasing for approval of the Product Schedule, Master Agreement and
N -appropriation of Funds Addendum for the Copier Upgrade for Justice of the Peace,
P inct 3. These documents are to replace the lease agreement approved by the
C missioners Court on 29 June 2004.
16. R uest by Road & Bridge to establish the date and time for a Public Hearing on the
se ing of speed limits on Scott Lane and Meadowlark Subdivision in Precinct 2.
17. R uest by Road & Bridge for permission to enter James Priest's property located off
B ntwood Drive, Forest Lakes subdivision for the purpose of cleaning the drainage ditch
to ivert water off the roadway for the health, safety and welfare of the general public.
S' ' is located in Precinct 3.
18. A eptance of the Wellborn Special Utilitiy District's cost estimate of $1,643.00 to
re cate approximately 180 feet of 2-inch water line to accommodate improvements to
Si i hur Springs Road. Site is located in Precinct 1.
19. Final Plat of Indian Lakes Subdivision, Phase IV, 44.135 acres. J. M. Barrera survey, A-
6 Brazos County, Texas. Site is located in Precinct 1.
20. Fihal Plat of Indian Lakes Subdivision Phase VI, 19.876 acres, J. M. Barrera survey, A-
6 ,j Brazos County, Texas. Site is located in Precinct 1.
GE
VOL PA
Commissioners Court Agenda
6 July 2004
Page 3
21.
22.
23.
24.
The Brazos
interpretive
of interest items and possible future agenda topics.
for citizen input and/or concerns.
/ Board / Committee reports by Court members.
ourn.
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 57 PAGE 8
COMMISSIONERS' COURT
REGULAR MEETING
JULY 6, 2004
A regular meeting of the Commissioners' Court of Brazos
C nty, Texas was held in the Brazos County Commissioners
Cj rtroom in the Courthouse in Bryan, Brazos County, Texas,
bjrinning at 9:00 a.m. on Tuesday, July 6, 2004 with the
f 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;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and
officials that were in attendance.
Commissioner Cauley gave the invocation and led the
pjjdge of allegiance.
There was no citizen input/and or concerns.
The Court next considered a request by Donald Lampo,
stable, Precinct 4, on behalf of all the Brazos County
stables, for approval of additional funding to purchase the
f lowing amounts of fuel:
a. Constable Precinct 1 - 625 gallons
b. Constable Precinct 2 - 900 gallons
c. Constable Precinct 3 - 150 gallons
L 5'7 PAGE V q
C issioners Court meeting July 6, 2004 2
d. Constable Precinct 4 - 525 gallons
D to the increase in fuel costs, the budgetary line item for
f 1 in each Constable's budget will run out prior to the end
o !the fiscal year. In an effort to offset the increase in
t cost of fuel, these are the estimated amounts of fuel
n ded for each Constable's office to keep fuel in the
v icles until the end of the fiscal year. On motion by
C issioner Peters, seconded by Commissioner Caldwell, the
C rt voted unanimously to approve the request for a total of
2, 00 gallons of fuel.
The County Judge read aloud a Proclamation commending the
T as Engineering Extension Service for its contributions to
oi-r state and extend best wishes to all who participate in the
c ebration of the 75th anniversary of the Texas Municipal
F' e Training School. On motion by the County Judge, seconded
b Commissioners Caldwell, Peters, Mallard and Cauley the
C rt voted unanimously approve the proclamation.
The Court next considered Budget Amendment #03/04-36.1
through 36.7, which would reallocate funds between divisions
o Justice of the Peace, Precinct 3, Constable Precinct 3,
I ormation Technology Department, and Justice of the Peace,
P cinct 2-2, reallocate funds for County Court at Law # 1,
C 'nty Auditor, Constables Precincts 1,2,3,& 4, Sheriff's
L 51 PAGE ho
nissioners Court meeting July 6, 2004 3
artment-Jail Administration, Risk Management, and Sheriff-
GE eral Administration. On motion by Commissioner Peters,
s onded by Commissioner Mallard, the Court voted unanimously
t approve the budget amendments as submitted, a copy of which
i attached.
The Court proceeded to consider the change of status of
loyees as submitted on the attached Personnel Action
uests. On motion by Commissioner Peters, seconded by
County Judge, the Court voted unanimously to approve the
nges as submitted.
The Court next considered the following Claims as
tted by the County Treasurer for payment:
20064578 through 20064774
motion by Commissioner Caldwell, seconded by Commissioner
Peers, the Court voted unanimously to approve the Claims as
tted.
The next matter before the Court was a request by
E rgency Management for approval of a Sub-Recipient agreement
f the 2003 II State Homeland Security Grant Program as an
a ndment to the FY03 DOJ funding for the amended amount of
$
,500.
The agreement period is
from July 1,
2003 through
A
it 30,
2005. On motion by the
County Judge,
seconded by
5.7
L
PAGE 2I
Commissioners Court meeting July 6, 2004 4
C issioner Mallard, the Court voted unanimously to approve
t Sub-Recipient Agreement. A copy is attached.
The Court next considered approval of the consulting
A eement between Claude Hempel Consulting and Brazos County
f their services as an independent contractor to review the
p icies, procedures and practices of the Brazos County
J enile Services Department. The term of the agreement begins
o July 6, 2004 and runs through July 16, 2004. Brazos County
will be billed at a rate of $100 per hour not to exceed 24
h rs. On motion by Commissioner Peters, seconded by
C issioner Cauley, the Court voted unanimously to approve the
a eement. A copy is attached.
The Court next considered approval of the Community
S vice Restitution Program Agreement between the Brazos County
C unity Supervision Department and Brazos County. Community
Supervision will administer this program on behalf of Brazos
C nty. On motion by Commissioner Peters, seconded by the
C my Judge, the Court voted unanimously to approve the
a eement as presented. A copy is attached.
The next matter before the Court was the approval of
payment to Patterson Architects for the feasibility study
p formed on an existing building on Live Oak Street (formerly
t Grapevine Restaurant) for the proposed Brazos County
L 57
PAGE 8 a
C issioners Court meeting July 6, 2004 5
Justice of the Peace, Precinct 3 office. On motion by the
C my Judge, seconded by Commissioner Mallard, the Court voted
u nimously to approve the payment of $3,000.00 to Patterson
A hitects for the study.
The Court next considered approval of payment to the
B zos County Appraisal District as reimbursement to the
A raisal District for Brazos County's portion of The Software
G up Software/Hardware Upgrade. On motion by Commissioner
P ers, seconded by Commissioner Mallard, the Court voted
unanimously to approve the payment of $31,512.01.
The Court next considered a request from the Purchasing
D~tartment for approval to purchase materials from Connor
S its Flooring for the padding of two (2) cells at the Brazos
C my Detention Center. On motion by Commissioner Peters,
s onded by the County Judge, the Court voted unanimously to
a rove the request and authorize the payment of $18,200.00 to
C nor Sports Flooring who is a single source provider.
The next matter before the Court was a request by the
P chasing Department for approval to renew Bid #2003-036RB
P rmaceuticals. The new number is Bid #2004-032R. On motion
b the County Judge, seconded by Commissioner Peters, the Court
v ed unanimously to approve the renewal of Bid #2003-036RB
with Contract Pharmacy Services.
L 6-7 PAGE 9S
Co issioners Court meeting July 6, 2004 6
The Court next considered another request by the
Purchasing Department for approval of the Product Schedule,
Mter Agreement and Non-appropriation of Funds Addendum for
t Copier Upgrade for Justice of the Peace, Precinct 3. On
m ion by Commissioner Mallard, seconded by Commissioner
C ley, the Court voted unanimously to approve the Product
S edule, Master Agreement and Non-appropriation of Funds
A endum for the Copier Upgrade. These replace the lease
a eement previously approved for upgrade of the copier.
The next matter before the Court was establishing the date
a time for a Public Hearing on the setting of speed limits on
S tt Lane and Meadowlark Subdivision in Precinct 2. On motion
b Commissioner Peters, seconded by Commissioner Cauley, the
C 'rt voted unanimously to set the date and time on Tuesday,
J y 20, 2004, at 7:00 p.m. at the Brazos Center.
The Court next considered authorizing work outside of
c my rights-of-way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of James Priest on
B twood Drive in Precinct 3 to clean out a drainage ditch to
d' ert water off the roadway. On motion by Commissioner
M lard, seconded by Commissioner Cauley, the Court voted
unanimously to authorize the work.
L Sq PAGE 94
ioners Court meeting July 6, 2004 7
The Court next considered acceptance of the Wellborn
Social Utility District cost estimate of $1,643.00 for
relocation of approximately 180 feet of 2 inch water line to
aq ommodate improvements to Sulphur Springs Road in Precinct 1.
motion by Commissioner Caldwell, seconded by Commissioner
P ers, the Court voted unanimously to accept Wellborn Special
Utility District's cost estimate of $1,643.00 for relocation of
a~troximately 180 feet of 2 inch water line to accommodate
. rovements to Sulphur Springs Road.
The Court next considered approval of the Final Plat of
Indian Lakes Subdivision, Phase 4, 44.135 Acres in Precinct 1.
chard Vance, County Engineer, stated that he had reviewed
the plat and found it to be in order. On motion by
C issioner Caldwell, seconded by Commissioner Peters, the
C urt voted unanimously to approve the Final Plat of Indian
Lakes Subdivision, Phase 4, 44.135 Acres as submitted.
The Court next considered approval of the Final Plat of
I ian Lakes Subdivision, Phase 6, 19.876 Acres in Precinct 1.
chard Vance, County Engineer, stated that he had reviewed
the plat and found it to be in order. On motion by
C issioner Caldwell, seconded by Commissioner Peters, the
Curt voted unanimously to approve the Final Plat of Indian
Lakes Subdivision, Phase 4, 19.876 Acres as submitted.
L
S-7
PAGE $5
T
ioners Court meeting July 6, 2004
8
There were no announcements of interest items and possible
f~ ure agenda topics.
There was no citizen input and/or concerns.
There were no Agency/Board/Committee reports by Court members.
There being no further business to come before the Court, the
Ming was adjourned.
L 5-7
PAGE 8 (o
T foregoing minutes of the Commissioners Court meeting held
J y 6, 2004 have been examined and are approved in open Court
t s the AK day of L`)CjL)ber 2004, in Bryan, Brazos
C minty, Texas.
R dy Si
C my udge
C ey Cauley, Jr.
C issioner, Precinct 4
AtI test :
I,na en McQueen
Cdd my Clerk
L
ne Peters
missioner, Precinct 2
51
PAGE 97
Eric Caldwell
Commissioner, Precinct 1
c?
Kenny Malla d
Commissioner, Precinct
BRAZO
MEETINC-
i
P
/Q
COUNTY COMMISSIONERS COURT
C~
ON 2004 AT
Name
Organization/Department
74
r
47)
VOL '57 PAGE 88
BRAZO
MEETING
COUNTY COMMISSIONERS COURT
ON 200y AT 'dd
Name
Organization/Department
6
G
AtkA4DrS
L
10L c57 PAGE 9
i
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR
NO. 03/04-36.1 thru 03/04-36.7
his the 6"' day of July 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 follow' g proceedings were held:
T T WHEREAS, on 6 July 2004 the Court heard and approved a budget amendment for the 2003-
2004 budg year for Brazos County, Texas.
WI 'KEAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions, A ich could not be reasonably included in the original budget adopted 12 September 2003 the
following endment(s) to the original are hereby authorized, as described on the attached page(s).
A PTED AND APPROVED this the 6`h day of July 2004.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By:
Sims, County Judge
Original: ounty Clerk's Office and attached to the
iginal budget
Copies: ounty Auditor
ounty Treasurer
ommissioners' Court Minutes
VOL 57 PAGE 90
. I
i
BUDGET AMENDMENTS
No. 03/04-36.1
-
7/6/2004
HF
D
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
O1
24
30
11
11
617400
617400
CR
DR
Telephone
Telephone
1,300.00
1,300.00
01
O1
14
24
01
12
721550
617400
CR
DR
Computer Consulting
Tele hone
3,200.00
3,200.00
Justic
f t
he Peace, Pct.3 & Constable, Pct. 3
Infor
tion Technology & Justice of the Peace, Pct 2-2
To rea
l
cate funds between divisions for the cost of T-1 lines.
t'lepared ley:
Rafe:
ifj
0/30/2004
Approved By.
Date:
VOL 57 PAGE q/
BUDGET AMENDMENTS
No. 03/04-36.2
7/6/2004
FD D ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 23 O1 591000 CR DDEA 440.00
O1 23 01 676700 DR Printers 440.00
I I Coun$j Court at Law No. 1 1 1
I I To reallocate funds for a printer for the courtroom.
Prepared By itj Appl'oved By:. ~
Date:, /30/2004 Datc: '
VOL CIE
7oe
BUDGET AMENDMENTS
No. 03/04-36.3
7/6/2004
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 160001 673420 DR Furniture 35.00
01 160001 654500 CR Office Equipment Maintenance 35.00
Coun
for office chairs.
!1/30/2004 PIF red By: ifjApproved By, Dater . Date: fa - 3n-o~
VOL 57 P.AGGE ~'.3
BUDGET AMENDMENTS
No. 03/04-36.4
7/6/2004
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
301011
653500
DR
Gasoline
893.75
01
302011
653500
DR
Gasoline
1,287.00
01
303011
653500
DR
Gasoline
214.50
01
304011
653500
DR
Gasoline
750.75
01
110015
611300
CR
Contingency
3,146.00
Constables
t.l, Pct2. Pct.3, Pct.
To reallocat
ds to al
low for the increase cost of fuel for all Constables.
F::
F
Pxep. red By:
D to
ifj
30/2004
Approved By: ~
Date:
VOL 57 PArr 9 4
BUDGET AMENDMENTS
No. 03/04-36.5
7/6/2004
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
280020
650500
DR
Building Maintenance Supplies
18,000.00
01
280020
591000
CR
DDEA
9,000.00
01
110015
611300
CR
Contingency
9,000.00
Sheriff De
tment - Jail Adminis
tration
To reallocat
funds for t
he cost related to re lacement of added material at the Detention Cen
ter.
1'repa ed
Date. 4
3012604
Approv d Bti
'Date:
Voi 57._._PAGE 9~
i
BUDGET AMENDMENTS
No. 03/04-36.6
7/6/2004
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase Decrease
01
125001
654500
DR
Office Equipment Maintenance
250.00
01
125001
616800
CR
Training
250.00
Risk Mana
ment
To reallocat
funds to a
llow for the cost of rep
airing a broken scanner.
g
F7
ifj
i/l/200
Ap
f z, k
VOL 57 pAGE 9~
BUDGET AMENDMENTS
No. 03/04-36.7
7/6/2004
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
280001
721570
CR
Counseling Services
255.00
01
280001
715100
DR
Rental-Radio Tower
255.00
Sheriff De
tment - General Administration
To reallocat
e-
funds to a
llow for the cost associated with rentals ace for the radio channel .
pi c`ia
s, z ,l
Dot ;ter.
133 ,
ifj
/2/200
gApproved By:
I)afe:
VOL5_PACE
97
PERSONNEL CHANGE OF STATUS
Pe
LT DATE: July 6, 2004
RTMENT: Personnel
OSE: Approve Personnel Change of Status
DEP TMENT NAME EMPLOYEE NAME ACTION REQUESTED
SERVICES BRYANT, JOE
REYNA, ESMERELDA
DOWLING, JOHN
POTTER, KELLEY
ALLEN, SHIRLEY
RAOELINA, YVES
LYNCH, ROBBIN
TOLIVER, KAMI
(This
NEW HIRE
NEW HIRE
NEW HIRE
NEW HIRE
NEW HIRE
TRANSFER WITHIN DEPT.
NEW HIRE
NEW HIRE
in Commissioners' Court: July 2
lge's or Commissioner's Signature:
to be attached to minutes)
PAGE
VOL 51
June 25,
Ms. DeM
101 Rego
Bryan, T;
Dear Ms.
You are re
Security C
Brazos Cc
serving in
senior elegy
be sent to
Giordano
Ave, Suite 320
)raano:
iving the enclosed Subrecipient Agreement for the 200311 State Homeland
nt Program because you are registered as the Jurisdiction Point of Contact for the
ity on the Texas Domestic Preparedness Assessment website. If you are no longer
at capacity please immediately give this packet to the correct individual. Your
d official has been informed in the grant announcement letter that this packet would
The enclo led documents contain the necessary documentation and instructions for you to
utilize you 03 II State Homeland Security Grant Program (SHSGP) sub-grant to improve your
jurisdictio ' bility to respond to potential terrorist use of a Weapon of Mass Destruction.
The Sub ient Agreement should be signed by the County Judge, City Mayor, City
Manager, yor Pro-TEM, Executive Director for the Council of Government, or Chief
Financial cer for the jurisdiction. Subgrants to agencies should be signed by the
agency di or. Other signatures will require an accompanying statement from the
senior ele official authorizing the individual to sign for the jurisdiction. The Deadline
to return a signed Subrecipient Agreement is July 15, 2004, either by fax or postmarked
with the d 'e date. Jurisdictions that cannot meet the deadline should immediately
contact t Texas Engineering Extension Service to request an extension. A maximum
30 day a nsion may be granted to allow for schedules of City Councils and
Commiss ners' Courts. The offer of award will be withdrawn if the signed Subrecipient
Agreeme is not returned by the due date or extended date.
Address:
Director of
omestic Preparedness
John B. C
nally Building
301 Tarro
TEEX
College St
ion, TX 77840-7896
Fax: (979)
58-6927
Email: sup
rt0_texasdna.com
If you hav ny questions, or require further information regarding this award, please do not
hesitate to ntact Charles Todd, TEEX Director of Domestic Preparedness, or Barry Good at
(979) 458- 15.
Sincerely,
dFA& '76"
Charles T d
Director of omestic Preparedness
Texas Eng eering Extension Service
VOL `J~ PAGE.
VOLVO PAGE 10O 2
2003 II 48041
Agreement No. 2003 II
TI
ENGINEERING EXTENSION SERVICE - TEEX
SUBRECIPIENT AGREEMENT
State Homeland Security Grant Program
THIS AG EEMENT, by and between Brazos County (hereinafter called "Subrecipient"),
located a 101 Regent Ave, Suite 320 Bryan, TX 77803, and the Texas Engineering
Extensio Service (hereinafter called "TEEX"), established under the laws of the State
of Texas a state agency component of the Texas A&M University System, located at
301 Tarr , College Station, Texas, 77840-7896,
WHEREJ, , TEEX has been awarded a grant entitled "State Homeland Security Grant
Program" rom the U.S. Department of Homeland Security, Office of Domestic
Prepared ss, and TEEX desires that Subrecipient perform certain project tasks, all as 11 herein pr ided, involving the procurement and management of equipment;
WHERE , Subrecipient has agreed to do so under the terms and conditions
hereinaft ' set forth;
NOW THPREFORE, the parties hereto mutually covenant and agree as follows:
SECTION 11 - PARTIES TO AGREEMENT
TEEX an Subrecipient have severally and collectively made and entered into this
Agreeme which, together with the documents attached or incorporated by specific
reference 'constitutes the entire Agreement between the parties.
SECTION 12 - AGREEMENT PERIOD AND AMOUNT
2.1 Th period for performance of this Agreement shall begin on July 1, 2003 and
sh 1 terminate April 30, 2005, as further specified in the Statement of Work
aft hed to and made a part hereof.
2.2 Th total budget amount to be expended by Subrecipient for this Agreement shall
no xceed $13,500.00.
2.3 Suecipient shall abide by all special conditions and requirements contained in
th ttached statement of work.
1
VOL 67 PAGE d
Agreement No. 2003 II
SECTI
3 - LEGAL AUTHORITY
3.1 T Subrecipient represents and guarantees that it possesses the legal authority
t nter into this Agreement, receive funds authorized by this Agreement, and
c duct the Statement of Work.
3.2 T person signing this Agreement on behalf of Subrecipient hereby warrants
t t he/she has been fully authorized by Subrecipient to execute this Agreement
o 'behalf of Subrecipient and to legally bind Subrecipient to all the terms,
pi ~ ormances and provisions herein set forth.
SECTION 4 - RELATIONSHIP OF THE PARTIES
The relationship of the parties is that of independent contractors, and not as agents of
each oth r or as joint venturers or partners.
SECTION 5 -AGREEMENT PERFORMANCE
The Subcipient shall provide the services specified in its attached Statement of Work,
and the rms and conditions imposed and required by this Agreement.
SECTION 6 -AGREEMENT OBLIGATIONS
6.1 Measure of Liability
In consi ration of Subrecipient's full and satisfactory performance of the services
specified the attached Statement of Work, TEEX shall be liable to the Subrecipient in
an amou equal to the actual allowable costs incurred by the Subrecipient in rendering
such per rmance, subject to the following limitations:
6. 1 TEEX shall not be liable for expenditures made in violation of the legal
authorities cited in Section 8, Compliance with the Law, of this Agreement,
or any other law or regulation applicable to the specific project or service
performed under this Agreement.
6. ! 2 Except as otherwise provided by this Agreement, TEEX shall be liable to
Subrecipient in an amount equal to the actual allowable costs incurred by
Subrecipient in rendering required performance as represented in Section
5, Agreement Performance.
6. 3 Except as otherwise specifically authorized by TEEX in writing, TEEX shall
only be liable for expenditures made in compliance with the cost principles
2
VOL 67 PAGE 10a
6.1
Agreement No. 2003 II
6.1. TEEX shall not be liable for any costs incurred by Subrecipient in the
performance of this Agreement which have not been billed to TEEX within
sixty (60) days following termination of this Agreement
6.2 Re
TEEX will
Work for
6.3 Pu
Subrecipi
the Statei
SECTION
and administrative requirements set forth and referenced in this
Agreement.
TEEX shall not be liable to Subrecipient for costs incurred or
performances rendered by Subrecipient before commencement of the
Agreement or after completion of this Agreement.
bursement Procedures
imburse Subrecipient for no more than the actual cost of the Statement of
ich Subrecipient seeks payment.
ase of Equipment
may purchase specialized equipment under this Agreement as specified in
t of Work.
- FISCAL ADMINISTRATION
7.1 Av lability of Funds
Notwithst ding any other Agreement provisions, the parties hereto understand and
agree that EEX's obligations under this Agreement are contingent upon the availability
of adequ funds to meet TEEX's liabilities hereunder.
7.2 Lir#ation on Liability
7. The Subrecipient understands and agrees that it shall be liable to repay to
TEEX any funds not expended in accordance with this Agreement or
determined to be expended in violation of the terms of this Agreement.
7. TEEX will pay costs properly incurred by the Subrecipient for
performances rendered under this Agreement in the amount specified in
Section 2.2, or any mutual amendments hereto.
7. TEEX shall not be liable to the Subrecipient for costs under this
Agreement which exceed the amount specified in Section 2.2.
3
VOL 5) PAGE 103
Agreement No. 2003 II
7.C
SECTIOI
8.1
a
a
4 TEEX may deobligate awarded funds after consultation with the
Subrecipient and upon determination by TEEX that funds will not be spent
in accordance with the Agreement or will not be spent in a timely manner.
8 - COMPLIANCE WITH THE LAW
a condition to award of monies under this Agreement, Subrecipient assures,
i respect to the operation of a federally funded program or activity, that it will
nply fully with the non-discrimination and equal opportunity provisions of the
swing laws to the extent applicable: (a) Title VI of the Civil Rights Act of 1964,
amended; (b) Section 504 of the Rehabilitation Act of 1973, as amended; (c)
Age Discrimination Act of 1975, as amended; (d) Title IX of the Education
endments of 1972, as amended; (e) Americans with Disabilities Act of 1990;
1 (f) any other statutory provisions relating to non-discrimination.
8.2 In a performance of this Agreement, Subrecipient shall comply with the
3tnization, wing Office of Management and Budget (OMB) Circulars applicable to its
institution or agency:
nistrative Requirements (A-102 and A-110);
Principles (A-21, A-87 and 122); and
dit Guidance (A-133).
The parti agree to be bound by all terms of this Agreement and all applicable state
and fede I statutes and regulations, and all provisions contained therein, including the
Office of stice Programs "Financial Guide" located at:
http:// oir).usdoi.aov/FinGuide/
SECTIOPAJ9 -REPORTING REQUIREMENTS
9.1 T Subrecipient agrees to provide to TEEX, in accordance with procedures and
ti frames prescribed by TEEX, any technical or program reports, data, and
in 'rmation on the operation and performance of this Agreement deemed
n 'essary by TEEX or as required by the Statement of Work reporting schedule.
9.2 If brecipient fails to submit to TEEX in a timely and satisfactory manner any
re rt required by this Agreement, or otherwise fails to satisfactorily render
per ormances hereunder, TEEX may withhold payments otherwise due and
o g Subrecipient. If TEEX withholds such payments, it shall notify
S recipient in writing of its decision and the reasons therefor. Payments
will held pursuant to this paragraph may be held by TEEX until such time as the
de quent obligations for which funds are withheld are fulfilled by Subrecipient.
4
VOL 59 PAGE 14
Agreement No. 2003 II
10 - RETENTION AND ACCESSIBILTY OF RECORDS
10.1 S recipient shall maintain all records, financial management records and
su orting documentation for all expenditures of funds made under this
A ement, in compliance with all retention and custodial requirements for
re rds referenced in this Agreement.
10.2 S recipient shall retain all fiscal records and supporting documents for a
mi mum of three (3) years after final Agreement closeout. In the event there is
liti tion or an unresolved audit discrepancy at the end of such retention period,
th records will be retained until the litigation or discrepancy is resolved.
10.3 Su recipient shall provide state or federal auditing agencies, TEEX, or any of
th duly authorized representatives, access to and the right to examine, copy,
or produce all reports and records pertaining to this Agreement. Such rights to
ac ss shall continue as long as the records are retained by the Subrecipient.
. hi
10.4 T
X shall have the right of timely and reasonable access to Subrecipient and
SIr ecipient premises and personnel for the purpose of inspection, monitoring,
aing, evaluation, or interview, related to all records required to be retained
uthis Section.
SECTION 11 - CHANGES AND AMENDMENTS
Any alter ons, additions, or deletions to the terms of this Agreement or Statement of
Work sha I be by modification hereto in writing and executed by both parties to this
Agreeme before the changes to the Agreement are implemented.
2 - SEVERABILITY
If a provis n contained in this Agreement is held to be invalid, illegal, or unenforceable
for any re on, it shall not affect any other provision of the Agreement. It is the intent of
the partie that if any provision is held to be invalid, illegal or unenforceable, there shall
be added i lieu thereof a valid and enforceable provision as similar in terms to such
provision is possible.
SECTION) X13 -AUDITS OR EVALUATIONS
13.1 TE reserves the right to conduct or cause to be conducted an independent
au of all funds received under this Agreement, which may be performed by
nment audit staff, a certified public accounting firm, or other auditors as
go fir
de a
ted by TEEX. Subrecipient shall cooperate with all authorized auditors
5
VOL_L/ PAGE /05
Agreement No. 2003 II
I shall make available all accounting and project records including supporting
rce documentation. Such audit will be conducted in accordance with
ilicable state and federal rules and regulations, Agreement guidelines, and
ablished professional standards and practices.
13.2 S recipient shall be liable to TEEX for any costs disallowed as a result of an
a it. Subrecipient shall further be responsible for any audit exception or other
p ment deficiency in the project covered by the Agreement, and all
s contracts hereunder, which are found to exist after monitoring, review, or
a iting by any party as authorized or required by TEEX.
13.3 S recipient, or the auditors that monitor or audit the Subrecipient, shall
i ediately report to TEEX any incidents of fraud, abuse or potentially criminal
a ity in relation to the provisions of this Agreement.
14 - MONITORING AND TECHNICAL ASSISTANCE
14.1 T X, or its designee, retains the right to monitor, examine and audit all records,
d uments and activities related to projects funded by this Agreement, and to
p orm such project evaluation studies that TEEX deems necessary to
d rmine the adequacy of the services performed.
14.2 T X will notify the Subrecipient in writing of any deficiencies noted during such
re w, and may withhold payments as appropriate based upon such review.
T X will provide technical assistance to the Subrecipient to correct the
d ciencies noted. TEEX may conduct follow-up visits to review the previous
d ciencies and to assess the efforts made to correct them. If such deficiencies
p ist, TEEX may terminate this Agreement effective immediately and/or apply
sa tions pursuant to Section 19 of this Agreement, or take such other action as
it ems appropriate.
15 - PREVENTION OF CONFLICTING INTERESTS
The Subrecipient, by signing this Agreement, covenants and affirms that:
15.1 N mployee of the Subrecipient or a Subrecipient, no member of the
S recipient's or a Subrecipient's governing body, and no person who exercises
an function or responsibility in the review or approval of the undertaking or
ca ing out of this Agreement shall participate in any decision relating to this
A ement which affect his or her personal pecuniary interest.
15.2 Th ' Subrecipient shall take every reasonable course of action to maintain the
int rity of this expenditure of public funds and to avoid favoritism and
6
VIOL 57 PAGE J0 4P
Agreement No. 2003 II
qu stionable or improper conduct. This Agreement shall be administered in an
im rtial manner, free from efforts to gain personal, financial or political benefit,
to ible or intangible. The Subrecipient, its executive staff and employees, while
ad : inistering this Agreement, shall avoid situations which could give the
ap 'earance that any decision was influenced by prejudice, bias, special interest
or Pesire for personal gain.
15.3 S#ecipient shall immediately inform TEEX in writing of any potential conflict of
interest which arises at any time during the term of this Agreement.
15.4 If brecipient fails to abide by the foregoing covenants and affirmations
re rding conflict of interest, the Subrecipient shall not be entitled to recover any
co s or expenses incurred in relation to this Agreement and shall immediately
re nd to TEEX any fees or expenses that may have been paid under this
A ement, and shall further be liable for any other costs incurred or damages
su ained by TEEX relating to this Agreement. Such failure may subject
S recipient to sanctions as provided in Section 19 of this Agreement.
6 - FORCE MAJEURE
In the ev t that performance by either party of any of its obligations under the terms of
this Agre ent shall be interrupted or delayed by an act of God, by acts of war, riot, or
civil com tion, by any act of government, by strikes, fire, flood, or by the occurrence of
any other 'vent beyond the control of the parties hereto, that party shall be excused
from suc erformance for such period of time as is reasonably necessary after such
occurren abates for the effects thereof to have dissipated.
SECTION 117 - NON-ASSIGNMENT
This Agr ment is not assignable. Notwithstanding any attempt to assign the
Agreeme , the Subrecipient shall remain fully liable on this Agreement and shall not be
released ; m performing any of the terms, covenants and conditions of this Agreement.
The Subr ipient shall be held responsible for all funds received under this Agreement.
SECTION 118 - TERMINATION OF AGREEMENT
18.1 Th Agreement may be terminated, in whole or in part, whenever TEEX
de rmines that such termination is in the best interest of the project, such
ter ination to be effective upon the Subrecipient's receipt of written notification of
ter ination from TEEX. In the event of such termination, the Subrecipient shall
be ntitled to compensation under this Agreement for allowable expenditures up
to a termination date.
7
VOL 57 PAGE /07
Agreement No. 2003 II
18.2
justified, TEEX may terminate this Agreement for cause, whereupon all
;nsation to the Subrecipient shall cease pending completion of any final
and any closing audit required by TEEX.
18.3 If a Subrecipient fails to perform in accordance with the provisions of this
A eement or the attached Statement of Work, TEEX may terminate this
A eement after issuing written notice of default to the Subrecipient and allowing
th Subrecipient thirty (30) days following the issuance of such notice in which to
c 'rect the deficiency to the satisfaction of TEEX. Such termination shall not be
a " xclusive remedy but shall be in addition to any other rights, sanctions and
re edies provided by law or under this Agreement.
18.4 N ithstanding TEEX's exercise of its right of early termination, the Subrecipient
s II not be relieved of any liability for damages due to TEEX. TEEX may
w hold payment to the Subrecipient on this or any other Agreement until such
ti as the exact amount of damages due to TEEX from the Subrecipient is
a eed upon or is otherwise determined by TEEX.
18.5 If ederal funds are not available, or in the event that State laws or regulations
s uld be amended or judicially interpreted to render continued fulfillment of this
A eement by either party substantially unreasonable or impossible, or if the
p ties are unable to agree on an amendment to enable the substantial
c le inuation of performance under this Agreement, then the parties shall be
di harged from any further obligations under this Agreement, except for the
e table settlement of the respective accrued interests or obligations incurred up
to effective date of termination.
18.6 T40 Subrecipient shall cease to incur costs under this Agreement upon
to ination or receipt of written notice to terminate, whichever occurs first.
SECTIO 19 - SANCTIONS OR REMEDIAL MEASURES
19.1 If ubrecipient materially fails to comply with the terms and conditions of this
A filnecessary ement, TEEX shall notify the Subrecipient in writing describing performance
th s not in compliance with the terms and conditions of this Agreement. The
S ecipient shall attend a meeting with TEEX to discuss the non-compliance
a corrective actions to ensure performance will be in compliance.
19.2 IfEEX and Subrecipient cannot agree on corrective actions, TEEX may take
0 or more of the following actions, as appropriate:
8
VOL 57 PAGE 109
Agreement No. 2003 II
.1 Temporarily withhold cash payments pending correction of the deficiency
by Subrecipient;
.2 Disallow (that is, deny both use of funds and any applicable matching
credit for) all or part of the cost of the activity or action not in compliance;
.3 Wholly or partially suspend or terminate the current award;
.4 Exercise any other available remedies.
SECTIOI$IJ20 - Sectarian Activity
None of a activities or performances rendered under this Agreement shall involve, and
no portio of the funds received by Subrecipient shall be used for any sectarian or
religious tivity.
- Political Activity
None of t activities or performances rendered hereunder by the Subrecipient shall
involve a no portion of the funds received by the Subrecipient shall be used for any
political activity, including but not limited to any activity to further the election or defeat
of any ca idate for public office, or any activity undertaken to influence the passage,
defeat, o anal contents of legislation.
SECTIO4122 - Rights in Data, Copyrights and Publication
TEEX will a free to publish the results of all work done under this Agreement.
Ownersh of all data produced under this Agreement will remain with TEEX. Title to
and the ri ht to determine the disposition of any copyrights, or copyrightable material,
first prod ed or composed in the performance of this Agreement shall remain with
TEEX, pr ided that TEEX shall grant to Subrecipient an irrevocable, royalty-free, non-
exclusive' cense to reproduce, modify, and use all such data and copyrightable material
for its ow use, but not for any commercial purpose.
SECTION ~ 3 - Governing Law
This Agrment shall be governed and construed in accordance with the laws of the
State of 'fldxas.
9
VOL S7 PAGE 1
Agreement No. 2003 II
SECTIOI
The dis
Code sl
attempt
24 - Dispute Resolution
e resolution process provided for in Chapter 2260 of the Texas Government
be used, as further described herein, by TEEX and the Subrecipient to
resolve any claim for breach of contract made by the Subrecipient:
A. A Su ecipient's claim for breach of this Agreement that the parties cannot resolve in
the o inary course of business shall be submitted to the negotiation process
provi 13d in Chapter 2260, subchapter B, of the Government Code. To initiate the
proc s, the Subrecipient shall submit written notice, as required by subchapter B, to
Arturo Alonzo, TEEX Deputy Director. Said notice shall specifically state that the
provi ns of Chapter 2260, subchapter B, are being invoked. A copy of the notice
shall Iso be given to all other representatives of TEEX and the Subrecipient
other ise entitled to notice under the parties' Agreement. Compliance by the
Subr ` ipient with subchapter B is a condition precedent to the filing of a contested
case Proceeding under Chapter 2260, subchapter C, of the Government Code.
B. The ito tested case process provided in Chapter 2260, subchapter C, of the
Gove ment Code is the Subrecipient's sole and exclusive process for seeking a
reme for any and all alleged breaches of the Agreement by TEEX if the parties are
unab resolve their disputes under subparagraph (A) of this paragraph.
C. Comp lance with the contested case process provided in subchapter C is a condition
prec ent to seeking consent to sue from the Legislature under Chapter 107 of the
Civil actices and Remedies Code. Neither the execution of this Agreement by
TEE " or any other conduct of any representative of TEEX relating to the
Agree ent shall be considered a waiver of sovereign immunity to suit.
D. The bmission, processing and resolution of the Subrecipient's claim is governed
by th published rules adopted by the Office of Attorney General of Texas pursuant
to Ch pter 2260, as currently effective, hereafter enacted or subsequently amended.
Thes rules are found at 1 T.A.C. Chapter 68.
E. Neith 'r the occurrence of an event nor the pendency of a claim constitutes grounds
for th suspension of performance by the Subrecipient, in whole or in part.
F. The signated individual responsible on behalf of TEEX for examining any claim or
coun rclaim and conducting any negotiations related thereto as required under
§2260,052 of H.B. 826 of the 76th Texas Legislature shall be Arturo Alonzo, TEEX
Depu Director.
Subreci nt hereby acknowledges that it has read and understands this entire
Agreem t. All oral or written Agreements between the parties hereto relating to the
subject tter of this Agreement that were made prior to the execution of this
Agreem t have been reduced to writing and are contained herein. Subrecipient
agrees t 'abide by all terms and conditions specified herein and certifies that the
10
VOL 57 PAGE I / d
i
Agreement No. 2003 II
informati provided to TEEX is true and correct in all respects to the best of its
knowled_ and belief.
This Agreement is entered into by and between the following parties:
TEEX:
Texas E ineering Extension Service
301 Tarr - TEEX
College ation, TX 77840-7896
Contact rson: Charles Todd, Director of Emergency Preparedness
TEL: 97 58.6815
FAX: 97$1458.6927
SUBRE
TENT:
Brazos C
'unty
101 Reg
t Ave, Suite 320
Bryan, T X
77803
Contact
rson: Ms. DeMerle Giordano
TEL: 97
61-4140
FAX: 97(1
.,821-3407
APPRO
D:
Texas E
ineerin Extension Service
Subre ' ien ere
Signature
Si na re
Dr. Arturo
Alonzo, Jr.
I nct Si s
Typed or
rinted Name
_Typed r Printed Name
Deputy D
ctor
Title
Title
CA,
Date Si
d
Date Signed
3716716
64025
17460004330
TX Vend
ID/VIN
TX Vendor ID/VIN
11
V01-57 PAGE l /1
Agreement No. 2003 II
12
VOL S7 PAGE
Agreement No. 2003 II
State
This o~
admini
Grant.
Homel
must n
Grant
t of Work
ew provides the process and timeline that will be followed during the
:ion of the 2002, 2003, and 2003 II State Homeland Security Grant Program
grant award to Brazos County is funded from the Fiscal Year 2003 State
Security Grant Program Program - Part II. Items procured under the grant
the criteria of the 2003 Authorized Equipment List (Attachment 1).
Total Groot Award from All Funding $1171204.00
Years
Amount f Your Total Award funded by $13,500.00
he grant year specified in the
Statement of Work
COG Red0irements
Funds ark to be used for the purchase and installation of a joint Emergency Operations
Center.
13
VOL 57 FACE 1/,3
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Agreement No. 2003 II
Attach
(Extracted
Program, I
Note: T
the web
I: Fiscal Year 2003 Authorized Equipment List
the Office for Domestic Preparedness Fiscal Year 2003 State Homeland Security Grant
am Guidelines and Application Kit)
ovides broad guidance on authorized equipment. Much greater detail will be available on
referenced in the Statement of Work for list preparation.
The FY 2103 SHSGP authorized equipment list was derived from the Standardized
Equipme List (SEL). The SEL was developed by the Interagency Board (IAB) for
Equipme Standardization and Interoperability. The IAB compiled the SEL to delineate
the types ` of equipment necessary for terrorist incident response. Because the SEL also
contains I is of general use and support equipment, a more narrow list was derived
from the EL to identify the specific types of specialized equipment authorized for
purchase nder the FY 2003 SHSGP. A cross-section of officials representing the U.S.
Departm it of Homeland Security, the U.S. Department of Justice, the Public Health
Service, a Federal Emergency Management Agency, the U.S. Department of Energy,
and stater and local CBRNE response experts assisted in the development of this
authorize equipment purchase list and in identifying unallowable items. Authorized
equipme purchases may be made in the following categories:
1. Perso
1 Protective Equipment (PPE)
2. Explo
a Device Mitigation and Remediation Equipment
3. CBRN
Search & Rescue Equipment
4. Intero
rable Communications Equipment
5. Detect'
n Equipment
6. Decon '
urination Equipment
7. Physic.
1 Security Enhancement Equipment
8. Terrori
` Incident Prevention Equipment
9. CBRN
Logistical Support Equipment
10. CBR
Incident Response Vehicles
11. Medi '
, I Supplies and Limited Types of Pharmaceuticals
12. CBRN
IE Reference Materials
34
~ p3.9 ~w
Agreement No. 2003 II
1. Pe
hazai
three
II Protective Equipment - Equipment worn to protect the individual from
materials and contamination. Levels of protection vary and are divided into
ories based on the degree of protection afforded. The following constitutes
intended for use in a chemical/biological threat environment:
Level A. ully encapsulated, liquid and vapor protective ensemble selected when the
highest lo el of skin, respiratory and eye protection is required. The following constitutes
Level A ' uipment for consideration:
■
F
y Encapsulated Liquid and Vapor Protection Ensemble, reusable or
di
osable (tested and certified against CB threats)
■
FIL
1! y Encapsulated Training Suits
■
Cl
`sed-Circuit Rebreather (minimum 2-hour supply, preferred), or open-circuit
S
' -Contained Breathing Apparatus (SCBA) or, when appropriate, Air-Line
S
tem with 15-minute minimum escape SCBA
■
S1
1, re Cylinders/Bottles for rebreathers or SCBA and service/repair kits
■
C1
I mical Resistant Gloves, including thermal, as appropriate to hazard
■
P
'sonal Cooling System; Vest or Full Suit with support equipment needed for
■
m
ntaining body core temperature within acceptable limits
■
H
dhat/helmet
■
C
mical/Biological Protective Undergarment
■
In
' r Gloves
■
A
, roved Chemical Resistant Tape
■
Cl
il mical Resistant Boots, Steel or Fiberglass Toe and Shank
;
■
Cl
i
mical Resistant Outer Booties
Level B. ' iquid splash resistant ensemble used with highest level of respiratory
protectio ` The following constitute Level B equipment and should be considered for
use:
■ Li id Splash Resistant Chemical Clothing, encapsulated or non-encapsulated
■ Li id Splash Resistant Hood
■ CI sed-Circuit Rebreather (minimum 2-hour supply, preferred), open-circuit
M E& or when appropriate, Air-Line System with 15-minute minimum escape
■ S re Cylinders/Bottles for rebreathers or SCBA and service/repair kits
■ C1 1 mical Resistant Gloves, including thermal, as appropriate to hazard
■ P sonal Cooling System; Vest or Full Suit with support equipment needed for
m ntaining body core temperature within acceptable limits
■ H dhat/helmet
■ C mical/Biological Protective Undergarment
■ In r Gloves
■ A roved Chemical Resistant Tape
■ C mical Resistant Boots, Steel or Fiberglass Toe and Shank
■ C mical Resistant Outer Booties
uo, 6?
35
Agreement No. 2003 II
Level C. iquid splash resistant ensemble, with same level of skin protection of Level B,
used whE 11 the concentration (s) and type(s) of airborne substances(s) are known and
the criteri for using air-purifying respirators are met. The following constitute Level C
equipme and should be considered for use:
■
Li
id Chemical Splash Resistant Clothing (permeable or non-permeable)
■
Li
id Chemical Splash Resistant Hood (permeable or non-permeable)
■
Ti
it-fitting, Full Facepiece, Negative Pressure Air Purifying Respirator with the
a
ropriate cartridge(s) or canister(s) and P100 filter(s) for protection against
t
is industrial chemicals, particulates, and military specific agents.
■
Ti
t-fitting, Full Facepiece, Powered Air Purifying Respirator (PAPR) with
c
mically resistant hood with appropriate cartridge(s) or canister(s) and
h
h-efficiency filter(s) for protection against toxic industrial chemicals,
p ,
` iculates, and military specific agents.
■
E
ipment or system batteries will include those that are rechargeable (e.g.
Nil
ad) or non-rechargeable with extended shelf life (e.g. Lithium)
■
C1
o mica) Resistant Gloves, including thermal, as appropriate to hazard
■
PE
~ onal Cooling System; Vest or Full Suit with support equipment
■
H
hat
■
In
r Chemical/Biological Resistant Garment
■
In
" r Gloves
•
C
mical Resistant Tape
■
C
mical Resistant Boots, Steel or Fiberglass Toe and Shank
■
C
mical Resistant Outer Booties
Level D. elected when no respiratory protection and minimal skin protection is
required, nd the atmosphere contains no known hazard and work functions preclude
splashes mmersion, or the potential for unexpected inhalation of, or contact with,
hazardou' levels of any chemicals.
■ Eshape mask for self-rescue
Note: Du g CBRNE response operations, the incident commander determines the
appropri level of personal protective equipment. As a guide, Levels A, B, and C are
applicabl for chemical/ biological/ radiological contaminated environments. Personnel
entering otective postures must undergo medical monitoring prior to and after entry.
All SCB should meet standards established by the National Institute for
Occupat nal Safety and Health (N/OSH) for occupational use by emergency
respond s when exposed to Chemical, Biological, Radiological and Nuclear
(CBRN) ents in accordance with Special Tests under NOSH 42 CFR 84.63(c),
procedu number RCT-CBRN-STP-0002, dated December 14, 2001. ODP
anticipa making compliance with NIOSH SCBA CBRN certification a mandatory
require nt for all SCBAs purchased under the FY 2004 State Homeland Security
Grant Pr' ram.
36
M 6 ` ._137
Agreement No. 2003 II
Grant
search
heat is
on Pro
and be
Clothing
rients should purchase: 1) protective ensembles for chemical and biological
7cidents that are certified as compliant with Class 1, Class 2, or Class 3
Its of National Fire Protection Association (NFPA) 1994, Protective
for Chemical/Biological Terrorism Incidents; 2) protective ensembles for
materials emergencies that are certified as compliant with NFPA 1991,
)n Vapor Protective Ensembles for Hazardous Materials Emergencies,
Je chemical and biological terrorism protection; 3) protective ensembles for
1 rescue or search and recovery operations where there is no exposure to
r biological warfare or terrorism agents and where exposure to flame and
kely or nonexistent that are certified as compliant with NFPA 1951, Standard
Ve Ensemble for USAR Operations, and, 4) protective clothing from blood
luid pathogens for persons providing treatment to victims after
nation that are certified as compliant with NFPA 1999, Standard on Protective
r Emergency Medical Operations.
For more nformation regarding these standards, please refer to the following web sites:
The Nati al Fire Protection Association - http://www.nfpa.orq National Institute for
Occupat nal Safety and Health - http://www.cdc.govlniosh
2. Explove Device Mitigation and Remediation - Equipment providing for the
mitigatio and remediation of explosive devices in a CBRNE environment:
■
B
b Search Protective Ensemble for Chemical/Biological Response
■
C
mical/Biological Undergarment for Bomb Search Protective Ensemble
•
C
ling Garments to manage heat stress
■
B
istic Threat Body Armor (not for riot suppression)
■
B
istic Threat Helmet (not for riot suppression)
■
BI
t and Ballistic Threat Eye Protection (not for riot suppression)
■
BI
t and Overpressure Threat Ear Protection (not for riot suppression)
■
Fi
Resistant Gloves
■
D
rmer/Disrupter
■
R
I Time X-Ray Unit; Portable X-Ray Unit
■
C
NE Compatible Total Containment Vessel (TCV)
■
C
NE Upgrades for Existing TCV
■
R
ot; Robot Upgrades
■
Fi
or Optic Kit (inspection or viewing)
■
T
its, standard or air inflatable for chem/bio protection
■
In
ection mirrors
■
to
Track Explosive Detector
37
. T.
Agreement No. 2003 II
3. CB
and rE
Search and Rescue Equipment - Equipment providing a technical search
capability for a CBRNE environment:
■ H raulic tools; hydraulic power unit
■ Li ening devices; hearing protection
■ S ` rch cameras ( including thermal and infrared imaging)
■ B aking devices (including spreaders, saws and hammers)
■ Li ng devices (including air bag systems, hydraulic rams, jacks, ropes and block
a tackle)
■ BI king and bracing materials
■ E cuation chairs (for evacuation of disabled personnel)
■ V tilation fans
4. Intero rable Communications Equipment - Equipment and systems providing
connecti y and electrical interoperability between local and interagency organizations
to coordi to CBRNE response operations:
■ L d Mobile, Two-Way In-Suit Communications (secure, hands-free, fully duplex,
o onal), including air-to-ground capability (as required)
■ A nna systems
■ P sonnel Alert Safety System (PASS) - (location and physiological monitoring
s ems optional)
■ P `sonnel Accountability Systems
■ In vidual/portable radios, software radios, portable repeaters, radio interconnect
sy ems, satellite phones, batteries, chargers and battery conditioning systems
■ C puter systems designated for use in an integrated system to assist with
d ction and communication efforts (must be linked with integrated software
p kages designed specifically for chemical and/or biological agent detection
a communication purposes)
■ P able Meteorological Station (monitors temperature, wind speed, wind
di ction and barometric pressure at a minimum)
■ C puter aided dispatch system
■ C mercially available crisis management software
■ M He Display Terminals
Note: in effort to improve public safety interoperability, all new or upgraded radio
systems d new radio equipment should be compatible with a suite of standards called
ANSI/TI IA-102 Phase I (Project 25). These standards have been developed to allow
for bac rd compatibility with existing digital and analog systems and provide for
interoper ility in future systems. The FCC has chosen the Project 25 suite of standards
for voice d low-moderate speed data interoperability in the new nationwide 700 MHZ
frequenc band and the Integrated Wireless Network (IWN) of the U.S. Justice and
Treasury Departments has chosen the Project 25 suite of standards for their new radio
equipme In an effort to realize improved interoperability, all radios purchased
under th grant should be APCO 25 compliant.
38
Agreement No. 2003 II
5. Detec "
for chem i
designat
Chemi
■ H
■ Pi
■ Fl
■ S
■ G
■ Ic
■ Si
■ M
• C
■ M
■ U
■ pl
• V1,
■ O
■ Pi
Biol
Rad
n Equipment - Equipment to sample, detect, identify, quantify, and monitor
I, biological, radiological/nuclear and explosive agents throughout
areas or at specific points:
Detection Paper for chemical agent identification
Detection Paper (roll) for chemical agent (military grade) detection
56 Detection Kit for Chemical Agent (weapons grade-blister: CX/HD/L;
)d: AC/CK; and nerve: GBNX) detection
56 Training Kit
8 Series Chemical Agent Detector Kit for surface/vapor chemical agent
lysis
:ard Categorizing (HAZCAT) Kits
to-Ionization Detector (PID)
ne Ionization Detector (FID)
Face Acoustic Wave Detector
; Chromatograph/Mass Spectrometer (GC/MS)
Mobility Spectrometry
nd-Off Chemical Detector
72 Chemical Agent Water Test Kit
)rmetric Tube/Chip Kit specific for TICs and CBRNE applications
ti-gas Meter with minimum of 02 and LEL
k Detectors (soap solution, ammonium hydroxide, etc)
Paper/pH Meter
ste Water Classifier Kit
sizing Paper
tective cases for sensitive detection equipment storage & transport
Detection Systems/Kits (Immunoassay or other technology)
■ R iation detection equipment (electronic or other technology that detects alpha,
beta, gamma, and high intensity gamma)
■ P onal Dosimeter
■ S i tillation Fluid (radiological) pre-packaged
■ R iation monitors
■ C#ines (initial acquisition, initial operational capability only)
39
6. Decor
remove c
Chemica
DE
co
• DE
■ E)
■ RL
ini
■ Sr
■ O~
■ Nc
■ HE
W
Agreement No. 2003 II
r urination Equipment - Equipment and material used to clean, remediate,
mitigate chemical and biological contamination:
ontamination system for individual and mass application with environmental
rols, water heating system, showers, lighting, and transportation (trailer)
on Litters/roller systems
action Litters, rollable
off Containment Bladder(s), decontamination shower waste collection with
isically-safe evacuation pumps, hoses, connectors, scrub brushes, nozzles
Containment Devices
rpak Drums
-Transparent Cadaver Bags (CDC standard)
d Carts
ate water classification kits/strips
Bioloaic
■ Hq; A (High Efficiency Particulate Air) Vacuum for dry decontamination
7. Physi I Security Enhancement Equipment - Equipment to enhance the physical
security critical infrastructure.
Surveillance, Warning, Access/Intrusion Control
Ground
Mc I on Detector Systems: Acoustic; Infrared; Seismic; Magnetometers
Ba' iers: Fences; Jersey Walls
Im ct Resistant Doors and Gates
Po * al Systems; locking devices for access control
AI m Systems
Vi o Assessment/Cameras: Standard, Low Light, IR, Automated Detection
onnel Identification: Visual; Electronic; Acoustic; Laser; Scanners;
C ers/Codes
XEly Units
M etometers
Plir
V cle I
dentification: Visual; Electronic; Acoustic; Laser; Radar
40
Agreement No. 2003 II
■ R ar Systems
■ Vi o Assessment System/Cameras: Standard, Low Light, IR, Automated
D ection
■ Di r/Swimmer Detection Systems; Sonar
■ I act Resistant Doors and Gates
■ P al Systems
■ H Scanning Equipment
■ PI all those for Ground
Sensors- Agent/Explosives Detection
■ C mical: Active/Passive; Mobile/Fixed; Handheld
■ Bi ogical: Active/Passive; Mobile/Fixed; Handheld
■ R iological
■ N lear
■ G 19und/Wall Penetrating Radar
Inspecti/Detection Systems
■ V icle & Cargo Inspection System - Gamma-ray
■ M ile Search & Inspection System -X-ray
■ N -Invasive Radiological/Chem/Bio/Explosives System - Pulsed Neutron
A vation
Explosloo Protection
■ BI t/Shock/Impact Resistant Systems
■ P ective Clothing
■ C mn and Surface Wraps; Breakage/Shatter Resistant Glass; Window Wraps
■ R otic Disarm/Disable Systems
41
41
Agreement No. 2003 II
8. Terroi
Prevent!
safety ac
equipme
This inch
a jurisdic
incident 4
sharing,
sm Incident Prevention Equipment (Terrorism Early Warning,
n, and Deterrence Equipment and Technologies) - State and local public
~ncies will increasingly rely on the integration of emerging technologies and
t to improve jurisdictional capabilities to deter and prevent terrorist incidents.
les, but is not limited to, equipment and associated components that enhance
en's ability to disseminate advanced warning information to prevent a terrorist
disrupt a terrorist's ability to carry out the event, including information
treat recognition, and public/private sector collaboration.
■ D collection/information gathering software
■ D synthesis software
■ G graphic Information System information technology and software
■ L enforcement surveillance equipment
9. CBRN Logistical Support Equipment - Logistical support gear used to store and
transport he equipment to the CBRNE incident site and handle it once onsite. This
category lso includes small support equipment including intrinsically-safe (non-
sparking and tools required to support a variety of tasks and to maintain equipment
purchas under the grant as well as general support equipment intended to support
the CBR incident response:
■
E
ipment trailers
■
W, 0
they-tight containers for equipment storage
■
S
are for equipment tracking and inventory
■
HE i
dheld computers for Emergency Response applications
■
S
II Hand tools
■
Bi
culars, head lamps, range finders and spotting scopes (not for weapons use)
■
S
II Generators to operate light sets, water pumps for decontamination sets
■
Lid,
t sets for nighttime operations/security
■
EI
trical Current detectors
■
E
ipment harnesses, belts, and vests
■
Is I
tion containers for suspected chemical/biological samples
■
B I
horns
■
W
er pumps for decontamination systems
■
B
code scanner/reader for equipment inventory control
■
B
ging system equipment and supplies
■
C
Cade system for refilling SCBA oxygen bottles
■
S
A fit test equipment and software to conduct flow testing
■
Te'
ing Equipment for fully encapsulated suits
■
C
ling/HeatingNentilation Fans (personnel and decontamination tent use)
■
H
MAT Gear Bag/Box
42
t" n' 57
I T-
Agreement No. 2003 II
10. CBRI
vehicles
site. Lice
allowablE
transport
allowablE
E Incident Response Vehicles - This category includes special-purpose
r the transport of CBRNE response equipment and personnel to the incident
sing and registration fees are the responsibility of the jurisdiction and are not
under this grant. In addition, general purpose vehicles (squad cars, executive
ion, etc.), fire apparatus, and tactical/armored assault vehicles are not
Allowable vehicles include:
■ M ile command post vehicles
■ H ` ardous materials (HazMat) response vehicles
■ B b response vehicles
■ P e movers for equipment trailers
■ 2- heel personal transport vehicles for transporting fully suited bomb
to nicians, Level A/B suited technicians to the Hot Zone
■ M ti-wheeled all terrain vehicles for transporting personnel and equipment to
a from the Hot Zone
43
140 L
11. Medi
required i
items aft
Medical
■ A
■ F i
P
BI,
IV
IV
IV
21
Agreement No. 2003 II
I Supplies and Pharmaceuticals - Medical supplies and pharmaceuticals
r response to a CBRNE incident. Grantees are responsible for replenishing
shelf-life expiration date(s).
pplies
)matic Biphasic External Defibrillators and carry bags
ipment and supplies for establishing and maintaining a patient airway at the
anced life support level (to include OP and NG airways; ET tubes, styletes,
es, and handles; portable suction devices and catheters; and stethoscopes
nonitoring breath sounds)
►d Pressure Cuffs
dministration Sets (Macro and Micro) and Pressure Infusing Bags
,atheters (14, 16, 18, 20, and 22 gauge)
atheters (Butterfly 22, 24 and 26 gauge)
iual Biphasic Defibrillators (defibrillator, pacemaker, 12 lead) and carry bags
Lense for Lavage or Continuous Medication
gan Eye Shields
ogastric Tubes
gen administration equipment and supplies (including bag valve masks;
eather and non-rebreather masks, and nasal cannulas; oxygen cylinders,
ilators, tubing, and manifold distribution systems; and pulse oximetry,
nography & CO2 detection devices)
able Ventilator
nonary Fit Tester
rages (3cc and 10cc)
a'/" needles (for syringes)
a. 1 Y2 " needles (for syringes)
ge Tags and Tarps
He and Non-Sterile dressings, all forms and sizes
ze, all sizes
is uticals
2 m Chloride
AI
` terol Sulfate .083%
Alt
terol MIDI
At
pine 0.1 & 0.4 mg/ml
At
pine Auto Injectors
B
ad ryl
C
A Auto Injectors
C
ium Chloride
C
ium Gluconate 10%
Ci
ofloxin PO
C
vide kits
44
vot- 67
Agreement No. 2003 II '
■ D
■ D
■ D
El
■ G
■ L~
■ Li
■ Lc
■ M
■ M
■ N
■ N
■ N
• N,
■ P1
■ Si
■ S1
■ S1
■ Ti
■ TI
■ V,
amine
/cycline PO
ephrine
agon
;acne
ramide
cesium Sulfate
ylprednisolone
ain
)glycerin
lial Saline (500 and 1000 ml bags)
issium Iodide
3r Sulfadiazine
ium Bicarbonate
'ile Water
acaine
imine
im
12. CBR E Reference Materials - Reference materials designed to assist emergency
first resp ders in preparing for and responding to a CBRNE incident. This includes but
is not li ed to the following:
■ N A Guide to hazardous materials
■ N SH Hazardous Materials Pocket Guide
■ N h American Emergency Response Guide
■ J e's Chem-Bio Handbook
■ Fi t Responder Job Aids
45
Claude Hempel
Consulting
P.O. Box 160786
Austin, Texas 78716-0786
(D(512) 327-0180
Consulting Agreement
This
and
Roth
lent is made and enterer into as of July 2. 2004, between Claude Hempel
P.O. Box 160786, Austin, Texas 78716, (herein referred to as the Consultant)
County, Texas, 300 East 2e Street, Bryan, Texas 77803_
County and the Consultant agree as follows:
A o tment: Brazos Count appoints Consultant to render services as described herein.
Cons t accepts such, agrees to act solely as an independent: contractor, and to perform
such rvices to the full extent of his ability.
Term The term of this appointment shall commence July 6, 2004, and run through
July 16, 2004, with a report to be issued on that date or earlier. The term of this
agree ent way be extended, if necessary, by mutual agreement of both parties.
Consultant agrees to provide professional services to Brazos
as follows:
1. Review and become familiar with personnel policies, procedures, and
practices relating to employment, performance appraisal, discipline,
termination, and related areas.
2. Review and examine approximately 25 terminations witbiin. the Brazos County
Juvenile Services Department against polices, procedures, and practices ill
place at the time of personnel action terminating these employees.
3. At the direction of the County Judge, interview a number of these terminated
employees- The number is yet to be determined.
4. Provide written report on findings.
)lee . 'd Ex enses: I consideration for services rendered, client will be billed at the rate
Zr
of $1 per hour not to exceed 24 hours estimated. Should the scope, content, or
f the project change, hours allocated to this project may be amended by mutual
afire ent. In addition, Con*ultant shall be reimbursed for reasonable expenses
(Date) Claude E. Hempel (Date)
Claude Hempel Consulting
Human Resources / Employee Benefits
VOL )47
-I,- I Lo
This ac
Correcti
"Organiz,
Section 1
COMMUNITY SERVICE RESTITUTION (CSR) PROGRAM AGREEMENT
sment is entered into between the Brazos County Communi Supervision and
s Department (hereinafter referred to as CSCD) and
(hereinafter ref rred to as
ion") in order to establish a community service project pursuant to Article 42.12,
of the Texas Code of Criminal Procedure.
The CSC agrees to furnish probationers to the Organization and the Organization agrees to
utilize the abor, skills and efforts of probationers for the performance of work assignments as
describe n this agreement. The Organization shall have the sole right and responsibility for
supervisi the day-to-day performance of each probationer and the operation of the community
service p ject. The CSCD shall have the right to be fully informed concerning the nature of all
aspects the community service project, the utilization of the probationer in the project and any
problems r incidents involving a probationer with the project. The CSCD shall have the right to
inspect al ommunity service projects and observe the performance of any and all probationers
at the pro ` ct site at all reasonable times and places.
Section I. Background
The Bra s CORPS is the Court Ordered Restitution and Public Service program. This
program began as an experiment in 1979 by the then-two district judges of Brazos County. At
that time, elected defendants placed on felony probation were required to perform a given
number hours of volunteer service for non-profit organizations or tax supported agencies.
Ongoing pport by the courts of Brazos County and employees of the CSCD has created a
structure community service program for felons and misdemeanants from this initial
experime
Probation s who are required to perform community service as a condition of community
supervise are directed by the Courts to perform from 24 to 1,000 hours, depending on the
offense mmitted. Every effort is made by the Courts and supervision officers to refer
probation s to sites where their skills can be utilized or new skills can be learned.
The prob 'oners are responsible for performing community service as ordered. If they do not
fulfill the r uirement, the privilege of probation may be taken away and they may be required to
complete eir sentences in jail or prison.
Section II. General Guidelines
• Pr ationers may not receive monetary benefit or advertising publicity through the
co munity service assignments.
• M ey and other items may not be donated in exchange for hours.
• F ification of records, using probationers to perform CSR for a personal project,
gr ting hours in exchange for goods or services by the probationer that fall outside of
th scope of the community service project, or other non-approved agency function will
re It in prosecution.
• T CSCD is not responsible for any accident or damage caused by the CSR workers or
to ny CSR worker.
va'57 PAGE 14'?
CSR Pr4orn Agreement Page 2
• C munity service hours are only granted for actual time worked. Any additional
" dit" without actually working the hours must be cleared with the department prior to
th credit being given. An example would include credit off of the CSR hour requirement
f parenting class attendance. These "credit" hours are rarely granted, and when they
a granted, the credit is handled by the CSCD, and carefully noted in the records by the
C D as credit, and not as hours worked.
• P 'bationers will not provide transportation of people as part of their community service
a ignment, unless accompanied by the organization's contact person or designee, and
s i transportation will not be in the probationer's vehicle. Liability insurance is the
re onsibility of the organization.
• P bationers may continue to volunteer service beyond the term of the probation
cc r ditions, if agreed to by the organization, but should this arrangement be made, the
p ationers will not be under the supervision of the CSCD, and terms of this agreement
wi I not apply.
Section III. Responsibilities of the Organization
• M ntain accurate records of community service hours performed.
• F and written documentation of hours performed to the CSCD monthly, and document
h rs as a back up on the CSR cards carried by probationers. The monthly
dc c umentation will be on community service time sheets, and will be mailed to P.O. Box
2C'51 Bryan, TX 77806, or e-mailed to tconde(c)-co.brazos.tx.us .
• SL i ' ervise work performed by probationers.
• S reasonable working schedules, directions, and expectations of the probationers.
• Pr , ide work assignments in a safe and healthy atmosphere that can be completed by
pr ationers.
• T work required in the assignment should not include work that may pose a danger to
the ` public, such as providing transportation in an automobile or other vehicle, and work
th may endanger the probationer, such as construction work or maintenance work that
in Ives a significant risk of injury.
• M e reasonable efforts to allow the probationer to schedule community service so that
it ill not conflict with the probationer's employment or interfere with responsibilities to
th "CSCD or obligations to the Court.
• T Organization agrees, to the extent possible, to respect the confidential nature of the
pr ationer's status.
• If r any reason the probationer fails to perform the agreed upon number of hours of
community service for any month, the Organization shall notify the department of this
fa via phone, mail, or e-mail.
• St i uld a CSR worker fail to perform to the expectations of the Organization or for other
re ons need to be discharged from the work assignment, the Organization may
to inate the CSR worker's assignment. In this event, the Organization must
im ediately contact the probationer's officer, CSR Program Coordinator, or supervisory
st to report the problem so that action can be taken.
• S uld an Organization prefer that the CSCD notify the probationer of termination from a
w k assignment, the Organization must immediately contact the probationer's officer,
C111 R Program Coordinator, or supervisory staff to report the problem so that action can
b aken.
~,HI%
5 1 1
CSR Progr*m Agreement Page 3
• U n request of the Department, and only in extreme circumstances, the Organization
m be asked to file written reports concerning the performance of a
p ationer/defendant for the community service project.
• T CSCD may from time to time phone or e-mail the Organization to double-check
pr ress of a CSR worker.
• T Organization agrees not to terminate a CSR participant prior to completion of the
s cified number of hours unless such action is made known to the community
s ' ervision officer or the community service coordinator.
• T Organization will notify the CSCD of work assignments that are available, provide a
d cription of the work assignment, and the name and telephone number of the contact
p on. This will be accomplished by completing the annual program agreement and
at, i chments, or by placing updated information via a telephone call to Traci Conde at
3E'-4410, by mailing information to the Department at P.O. Box 2015, Bryan, Texas
7 06, ATTN: CSR Program, or by e-mailing tconde(a-)co.brazos.tx.us .
Section IV. Responsibilities of the Probationers
• C tact the Organization and arrange a work schedule with the Organization.
• N fy the Organization's contact person if unable to work as scheduled.
• E ure that a record of hours worked is being maintained by the Organization.
• E ibit behavior appropriate to the community service assignment.
• F w reasonable rules and directions given by the Organization.
• F w all conditions of supervision set forth by the Court.
• N fy the supervision officer if a problem arises with the referral or in performing the
co munity service.
Section V. Independent Parties
The Dep ment and Organization shall for all purposes under this agreement be independent
parties. ither party shall be deemed an employee, agent, or representative of the other party,
nor shall i her party have authority to incur any obligation or make any representation on behalf
of the othi ii party.
Section VI. Rescinding Referrals
The dep ment shall retain the right to rescind any referral of any probationer to the
Organizat n and discontinue the services of any probationer with any Organization for any
reason an at any time.
Section VII. Expenses, Hold Harmless, Insurance
Any and a expenses incurred in the furtherance of and performance of this agreement shall be
borne by t party that incurred them.
Neither patty shall be responsible or liable in whole or in part for the acts or omissions of the
other party, its agents, CSR workers, or employees.
Neither p y to this agreement shall be required to indemnify the other or hold the other
harmless ainst any claim of any kind, including any claim asserted by a third party against a
VM PAGE-
CSR Progt4m Agreement Page 4
party to ~is contract, resulting from an act or omission of a probationer referred to the
Organiza I n by the department pursuant to this agreement.
Each pa is responsible for determining the need for and for procuring any insurance that it
may dee necessary in order to protect or indemnify itself from the consequences of any
possible I al liability that it may incur in the performance of this agreement.
XII. No compensation
It is unde tood that the employees of the Brazos County CSCD or individuals acting as agents
of the B os County CSCD are not authorized to receive any type of personal payment,
reimburs ent, compensation, commission, gratuity or gift for services provided under this
agreemeni, The Organization warrants that no employee or agent of the Brazos County CSCD
has been tained to solicit or secure this agreement and that the Organization has not paid or
agreed t ay any employee of the Brazos County CSCD any fee, commission, percentage,
brokerag lee, gift or any other consideration, contingent upon the making of this agreement or
as an ind ement for entering into this agreement. The unauthorized offering or receipt of such
payments ay result in the immediate termination of this agreement.
XIV. Effective Date / Cancellation
If for any ason either party is dissatisfied with any arrangement in this agreement, either party
may can I this agreement at any time. This agreement is valid from the Brazos County
Judiciary' ;acceptance of the Fiscal Year community service agency list (expected in July 2004)
through A! ust 2005, unless earlier cancelled by either party.
I, the and+tsigned, affirm the non-profit or governmental status of the organization and that I am
authorize o enter into this type of agreement. (501(c)(3) number here:
Date
Title J
0
Arlene Parc an, Director Date
Brazos Cou Community Supervision & Corrections Department
BRAZOS COUNTY COMMUNITY SUPERVISION AND CORRECTIONS
DEPARTMENT
Court Ordered Restitution and Public Service (CORPS)
ARLENE PARCHMAN, DIRECTOR
TRACI CONDE, CORPS PROGRAM ADMINISTRATOR
COMMUNITY SERVICE TIME SHEET
Agency/c
Probatior
WORK
DATE
#
HO
S
VERIFIED BY
WORK
DATE
# OF
HOURS
VERIFIED BY
Comments:
By signing this form affirm that the hours recorded are true and correct to the best of my knowledge. Hours recorded must
have been for actual performance of community service for the approved agency. No "credit" for community service hours in
exchange for good or other services performed by a defendant may be granted. 1 understand that this is an official
governmental record nd that misrepresentation of hours, misuse, and/or personal use of community service workers constitute
a violation of the law Of the State, which will result in my arrest and prosecution.
Signature of agenq~ supervisor:
A copy of this fo 'll must be sent monthly to the Brazos County CSCD at P.O. Box 2015, Bryan, 77806, or
e-mailed to tcon (cDco.brazos.tx.us. If e-mailed, a notation must be made that the sending party affirms
his or her and standing of the above statement. If forms are not sent in monthly, the agency will be
dropped as a community service referral site.
P.O. BOX 2015 I i BRYAN, TX 77806-2015 (979) 361-4410 (979) 822-5341 (fax)
COMMUNITY SERVICE WORKER JOB DESCRIPTION FORM
Agency/organiz
N,
tion:
Mission of the a
g
ency:
Address where
community serv
e
worker reports:
Contact erson
Specific reporti
instructions and
exclusions:
Tele hone num
r s :
Days and times
eeded:
Type of work av
a
ilable for
community servi
t
e
workers (be spe
fic):
Special skills or
requirements:
Comments. Als
please
indicate whethe
our
agency will acc
t
Spanish-speaki
defendants.
COMPLETED B, :
Note: The departm t makes every effort to carefully screen and appropriately place
special requests will a noted, the CSCD cannot guarantee they will be honored.
S7 53
DATE:
community service workers. While
BRAZOS COUNTY COMMUNITY SUPERVISION AND CORRECTIONS
DEPARTMENT
Court Ordered Restitution and Public Service (CORPS)
ARL ENE PARCHMAN, DIRECTOR
TRACI CONDE CORPS PROGRAM ADMINISTRATOR
COMMUNITY SERVICE TIME SHEET
Agency/(
Probatioi
WORK
DATE
#
HO!
F
S
VERIFIED BY
WORK
DATE
# OF
HOURS
VERIFIED BY
Comments:
By signing this form affirm that the hours recorded are true and correct to the best of my knowledge. Hours recorded must
have been for actual erformance of community service for the approved agency. No "credit" for community service hours in
exchange for good or other services performed by a defendant may be granted. I understand that this is an official
governmental record nd that misrepresentation of hours, misuse, and/or personal use of community service workers constitute
a violation of the law f the State, which will result in my arrest and prosecution.
Signature of agen supervisor:
A copy of this fo must be sent monthly to the Brazos County CSCD at P.O. Box 2015, Bryan, 77806, or
e-mailed to tcon co.brazos.tx.us. If e-mailed, a notation must be made that the sending party affirms
his or her and standing of the above statement. If forms are not sent in monthly, the agency will be
dropped as a community service referral site.
P.O. BOX 2015 • BRYAN, TX 77806-2015 (979) 361-4410 • (979) 822-5341 (fax)
~ , 157 ~I,~. 154
Document Efficiency
At Work.'
Product , Product Schedule Number:
State and Local Government
Image Managenient Master Agreement Number:
This Image Management oduct Schedule ("Schedule") is made part of the State and Local Government Master Agreement ("Master Agreement") identified on
this Schedule between 11 A N Office Solutions, Inc. ("we" or "us") and , as Customer ("you").
All terms and conditions of e Master Agreement are incorporated into this Schedule and made a part hereof. It is the intent of the parties that this Schedule be separately
enforceable as a complete at r, independent agreement, independent of all other Product Schedules to the Master Agreement.
CUSTOMER INFORMATION
a 90, C
1.4z•r5
lc~
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I~ta~res Cata..lti -yuS}tca at 44 ~>eace
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7) o
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City Count,
State
Zip
City County State
Zip
Customer Contact Name:
Customer Telephone Number:
Fax Number/E-mail Address:
PRODUCT DESCRIPTION (DUCTS")
Quantity Equip t Description: Make, Model & Serial Number Quantity Equipment Description: Make, Model & Serial Number
22ZoP
PAYMENT SCHEDULE
Minimum Term (m $
Q
V
Cost
Per age
Cost of Additional
Images ,
$ ,Oof S
Guaranteed Minimum
Monthly/Quarterly/Other
Images S-150 o
Meter Reading/Billing
For Additional Images
Monthly
Minimum Payme
Without Tax
$ Sx Gt>
✓
/Monthly Due
Monthly Quarterly
Other
Advance Payment (with tax) $
Apply to 1st Payment
Other
Quart erly
Other
~ k
Sales Tax Exempt: ❑ Yes (At 4 h Exemption Certificate) Customer Billing Reference Number (P.OM, etc.)
Addendum(s) Attached: ❑ Ye Check if yes and indicate total number of pages: )
TERMS AND CONDITIONS
1. The first Payment will be du t n the Effective Date. The delivery date is to be indicated by signing a separate acceptance form. If the term hereof exceeds 12 months, the Cost Per Image
and the Cost of Additional I ges may be increased up to 5% annually for each year beyond the initial 12-month period.
2. You have applied to us to u e above-described items ("Products") for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL, NON-CANCELABLE
AGREEMENT FOR THI M TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product(s) on all the terms hereof, including the Terms
and Conditions on the Mas Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER
AGREEMENT AND HA RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT.
3. Image Charges/ Meters: In r rn 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 Mon /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 Ad ' onal Images. If we determine that you have used more than the manufacturer's recommended specifications for supplies, you agree to pay reasonable charges
for those excess supplies. T eter reading frequency is the period of time (monthly, quarterly, semi-annually or annually) for which the number of images used will be reconciled. The
meter reading frequency an rresponding 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 sue eter reading is not received within 7 days, we may estimate the number of images used. Adjustments for estimated charges for additional images will be
made upon receipt of actual ter readings. Notwithstanding any adjustment, you will never pay less than the Minimum Payment.
4. Additional Provisions (if an re:
C TO IKON OFFICE SOLUTIONS, INC.
itle: ;UZI&.Date: 7/41oq X Title: Date:
u orized Signe Authorized Signer
sui It
(Authorized Si er's printed n ) (Authorized Signer's printed name)
Document Efficiency
Image ~Jnagement Commitments At Work.'
The below p ormance commitments (collectively, the "Guarantees") are brought to you by IKON Office Solutions, Inc., an Ohio corporation
having its pri K ipal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ("IKON"), one of the largest distributors of office solutions
in the world. he words "you" and "your" refer to you, our customer. You agree that IKON alone is the party to provide all the services described
below and is onsible to you, the customer, for all of the Guarantees. The Guarantees are only applicable to the equipment ("Products") described
in the Schedu 1i to which these Guarantees are attached, excluding facsimile machines. The Guarantees are effective on the date the Products are
accepted by y) i and apply during IKON'S normal business hours, excluding weekends and IKON-recognized holidays. They remain in effect for
the Minimu Term so long as no ongoing default exists on your part.
TERM PRICE
ROTECTION
The Image
agement Cost Per Image and the Cost of Additional
Images, as de
ibed on the Schedule, are guaranteed against any price
increase duri
the first 12 months of the term of the Schedule. If the
minimum to
exceeds 12 months, the Image Management Cost Per
Image and th
ost of Additional Images may be increased up to 5%
annually for
h year beyond the initial 12-month period.
SERVICE AND
UPPLIES
IKON will
vide full coverage maintenance services, including
replacement
, drums, labor and all service calls, during normal
business houi
s,
excluding weekends and IKON-recognized holidays.
Performance
s
ues relating to software and/or connectivity are inde-
pendent of th
Guarantees and may be covered, if applicable, as out-
lined in any s
are/connectivity professional services agreement you
may separate]
r
enter into with IKON. IKON will also provide the
supplies requi
to produce images on the Products covered under the
Schedule (o
r than non-metered Products and soft-metered
Products), ex
ding staples. The supplies will be provided according to
manufacturer
pecifications. Optional supply items such as paper and
transparencie
a not included.
GUARANTEED
ESPONSE TIME
IKON guars
"
es a quarterly average response time of 2 to 6 hours for
all service call
sated within a 30 mile radius of any IKON office, and
4 to 8 hours
service calls located within a 31-60 mile radius for the
term of the S
'
dude. (In the case of Canon iR 110 machines, the quar-
terly average
sponse time will be 2 hours for all service calls.)
Response time
measured in aggregate for all Products covered by the
Schedule. If
response time guarantee is not met, a credit equal to
$100 toward
ur next purchase from IKON will be made available
upon your re
st. Credit requests must be made in writing via regis-
tered letter to
a address specified in the "Correspondence" section.
UPTIME PER
MANCE GUARANTEE
IKON will s
ice the Products provided under the Schedule to be
operational
a quarterly uptime average of 95% (based on manu-
facturer's perl
ii
ance standards and an 8-hour day, during normal
business hour
excluding weekends and IKON-recognized holidays),
excluding pre
tative and interim maintenance time. Downtime will
begin at the
e you place a service call to IKON. You agree to make
the Products
vailable to IKON for scheduled preventative and
interim maint
ance. You further agree to give IKON advance notice
of any critical
d specific uptime needs you may have so that IKON
can schedule
'
h you interim and preventative maintenance in advance
of such needs.
IMAGE VOLU
FLEXIBILITY AND EQUIPMENT ADDITIONS
At any time a
r the expiration of the initial ninety day period of the
original term
o
f the Image Management Schedule to which these
Guarantees r
e, IKON will, upon your request, review your image
volume. If the
'
age volume has moved upward in an amount sufficient
for you to c
`
ider an alternative plan, IKON will present pricing
options to co
f
rm to a new image volume. If you agree that addition-
al equipment
required to satisfy your increased image volume
requirements,
ON will include the equipment in the pricing options.
The addition
f equipment and/or increases to the Guaranteed
Minimum Im
s require a new Schedule that must be agreed to and
signed by bo
parties. The new Schedule may not be less than the
remaining ter
f the existing Schedule but may be extended for a term
equal to that of the original Schedule. Adjustments to the Guaranteed
Minimum Images commitment and/or the addition of equipment may
result in a higher or lower cost per image and payment.
UPGRADE GUARANTEE
At any time after the expiration of one-half of the original term of the
Schedule to which these Guarantees relate, you may reconfigure the
Products by adding, exchanging, or upgrading to an item of Products
with additional features or enhanced technology. Anew Schedule of like
original term must be agreed to and signed by you and us. The Image
Management Cost Per Image, the Cost of Additional Images and the
Minimum Payment of the new Schedule will be based on the Products,
the added equipment and new image volume commitment.
PERFORMANCE COMMITMENT
IKON is committed to performing these Guarantees and agrees to
perform its services in a manner consistent with the applicable manu-
facturer's specifications. If IKON fails to meet any Guarantee and in the
unlikely event that IKON is not able to repair the Products in your
office, IKON, at IKON's election, will either provide a temporary
loaner while the Products are being repaired at IKON's service center,
or IKON will replace such Products with comparable Products of equal
or greater capability at no additional charge. If you are dissatisfied with
IKON's performance, please send a registered letter outlining your
concerns to the address specified below in the "Correspondence"
section. Please allow 30 days for resolution.
CORRESPONDENCE
Please send all correspondence relating to the Guarantees via registered
letter to the Quality Assurance Department located at: 1738 Bass Road,
Macon, GA 31210 Attn: Quality Assurance. The Quality Assurance
Department will coordinate resolution of any performance issues
concerning the above Guarantees with your local IKON office.
MISCELLANEOUS
These Guarantees do not cover repairs resulting from misuse (includ-
ing without limitation improper voltage or the use of supplies that do
not conform to the manufacturer's specifications) or similar factors
beyond the reasonable control of IKON. IKON and you each acknowl-
edge that these Guarantees represent the entire understanding of the
parties with respect to the subject matter hereof and that your sole
remedy for any Guarantees not performed in accordance with the fore-
going is as set forth under the section hereof entitled "Performance
Commitment." Except as expressly set forth herein, IKON makes no
warranties, express or implied, including any implied warranties of
merchantability, fitness for use, or fitness for a particular purpose.
Neither parry hereto shall be liable to the other for any consequential,
indirect, punitive or special damages hereunder. These Guarantees shall
be governed according to the laws of the Commonwealth of
Pennsylvania without regard to its conflicts of law principles. These
Guarantees are not assignable by the Customer. You acknowledge and
agree that, in connection with its performance of its obligations under
these Guarantees, IKON may place automated meter reading units on
imaging devices, including but not limited to the Products, at your
location in order to facilitate the timely and efficient collection of
accurate meter read data on a monthly, quarterly or annual basis. IKON
agrees that such units will be used by IKON solely for such purpose.
Once transmitted, all meter read data shall become the sole property of
IKON and will be utilized for billing purposes.
IKON: Document Efficiency At W ° and IKON Office Solutions* are trademarks of IKO
S&LG Image Management Schedule 4.04
voL" PAW C, L N Office Solutions, Inc. C &
IKON
P.O. Box 9115 ~ 4acon, GA 31208-9115
NON-APPROPRIATION OF FUNDS ADDENDUM
ADDEN6UM, "Addendum"), dated as of the day of 20_-, to
that certain a ' ement no. rnsert customer no., fast- then insert
- t-
agreemer t/sc ude no.] ("Agreement's between IKON Financial Services (`eve" or "us") and
l~~a SAS '~~~'bl as oustower (ccCustomer" or "you7).
The p 'es, intending to be legally bound, agree that the Agreement sball be modified as follows:
1. Notwithstanding anything in the Agreement to the contrary, the parties to the Agreement agree
that in the a of the occurrence of all (but not less than all) of the below: (i) you are not appropriated
sufficient fun for equipment which will perform services and functions which in whole or in part are
essential) th ! ame services and functions for which the equipment covered by the Agreement ("Equipment')
was rented (i ch appropriation is specifically required to pay the payments ("Payments") required under the
Agreement); ) funds are not otherwise available to you to pay such Payments to us; (iii) there is no other legal
procedure by hich such Payments can be made to us; and (iv) the non-appropriation of funds did not result
from any act failure to act on your part, then you shall have the right to return the Equipment to us (at your
expense, to a stination we direct, in good working condition less normal wear and tear), and cancel the
Agreement " written notice to us no earlier than thirty (30) days prior to the end of your fiscal year.
2. All capitalized terms used but not defined in this Addendum will have the meanings
given to the the Agreement. Except to the extent modified by this Addendum, the terms and
conditions of I he Agreement will remain unchanged and shall continue in full force and effect.
IN INESS WHEREOF, each party has caused its duly authorized officer to execute this Addendum,
as of the date t written above.
GUSTO o~ hc0.s ~~X0.5 IKON Financial Services
By: BY,
7i erAuthorized Signer
>79+'Li Date:
Revised 4104 11 uCpN rinanew sem--sM is a service mark of IKON 0Mcc Solutions, Inc. and is user) hercin under license.
}
T
itOL 57 m 158
_
State an
Local Government
Master A
reement
Document Efficiency
At work
CUSTOMER:
Number:
Full Legal Name:
p
o o~ ~t a. •4
Address:
Z(sT S~-tGt~'
City:
State: Zip: -M03
Contact:
~'M~ M~✓l~ Phone(J~ ~fZg
Facsimile Number:-
3 -A ~!►1 - ~Za3
E-mail Address:
This Master Agreemen
Master Agreement") has been written in clear, easy to understand English. When we use the words "you", "your" or "Customer" in this Master Agreement,
we mean you, our oust
er, as indicated above. When we use the words "we", "us", or "ou
r" in this Master Agreement, we mean IKON Office Solutions, Inc. Our corporate office
is located at 70 Valley
m Parkway, Malvern, PA 19355.
1. A=emen. We a
o rent to you, and you agree to rent from us, subject to the
are required to make all Payments even if there is a Loss. You must notify us in writ-
terms of this Mast
reement, the personal and intangible property described in any
ing immediately of any Loss. Then, at our option, you will either (a) repair the Prod-
equipment schedu
Schedule") executed by you and us and incorporating the terms
l
net so that it is in good condition and working order, eligible for any manufacturer's
of this Master Agr
nt by reference. Each Schedule shall be separately enforceable
certification, (b) pay us the amounts specified in Section 12 below, or (c) replace the
as a complete and
iependent
agreement, independent of all other Schedules to this
Product with equipment of similar age and capability from us.
Master Agreemen
(together with all
a personal and intangible property described on a Schedule
chments, replacements, parts, substitutions, additions, repairs,
g• Claims. Liability and Insurance. (a) To the extent permitted by applicable law, the
parties to this Master Agreement will defend and hold each other harmless from all
and accessories inco
don rights associat
g orated in or affixed to the property and any license or subscr l -
with the property) will be collectively referred to as "Product".
claims arising out of the death or bodily injury of any agent, employee or business
invitee of the indemnified party or the damage, loss or destruction of any tangible
The manufacturer
"Vendor." To the e
d/or vendor of the tangible Product shall be referred to as the
at the Product includes intangible property or associated services
property of the indemnified party to the extent caused by the negligence or inten-
tional acts or omissions of the indemnifying party. (b) Because you have sole posses-
such as periodic so
gible property shall
are licenses and prepaid data base subscription rights, such intan-
referred to as the "Software
"
sion and control of the Product, you are responsible for any damage, injury or loss
'
.
caused by (or to) the Product resulting from the use, misuse or possession of the Prod-
2.
ve
Agreement shall be
cce to e. Each Schedule that incorporates this Master
verned by the terms and conditions of this Master Agreement,
uct or any accident or other casualty relating to the Product. We are responsible for
damage or injury to third persons to the extent the damage or injury is caused by our
as well as the term
d conditions set forth in such individual Schedule. The termi-
negligent acts or omissions. You agree to maintain insurance to cover the Product for
nation of this Mast
Agreement will not affect any Schedules executed prior to the
all types of loss, including, without limit, theft, in an amount not less than the full
effective date of sue
it to determine it i
ermination. When you receive the Product, you agree to inspect
good working order. Scheduled Payments (as specified in the
replacement value and you will name us as an additional insured and loss payee on
your insurance policy. Such insurance will provide that we will be given thirty (30)
applicable Schedule
"
11 begin on the Product delivery and acceptance date ("Effective
'
days' advance notice of any cancellation. You agree to provide us with evidence of such
Date
You agree t
at our request, may
gn and return to us a delivery and acceptance certificate (which,
done electronically) within three business days after any Product
insurance in a form reasonably satisfactory to us. If you are self-insured with respect
to the Product(s), you shall maintain during the term of each Schedule to this Master
is installed.
Agreement a self-insurance program reasonably satisfactory to us and shall provide to
3. Term: Payments. T
first scheduled Payment (as specified in the applicable Schedule)
us evidence of such program. In the event of loss or damage to the Product, you agree
(Payment") will b
h
d
ue on the Effective Date. The remaining Payments will be due
to remain responsible for the payment obligations under this Master Agreement until
h
bl
on t
e same
ay of
r ch subsequent month, unless otherwise specified on the appli-
t
e payment o
igations are fully satisfied.
cable Schedule. If
Payment or other amount payable under any Schedule is not
9. Title: Recording. We are the owner of and will hold title to the Product (except for
paid within ten day
of the due date, you will pay to us, in addition to that payment, a
any Software). You will keep the Product free of all liens and encumbrances. Except
one-time late charg
f 5% of the overdue payment (but in no event greater than the
as reflected on any Schedule, you agree that this Master Agreement is a true rental.
maximum amount 2
1 wed by applicable law). You also agree that, except as expressly
However, if any Schedule is deemed to be intended for security, you hereby grant to us
stated in Section 1
elow, THIS IS AN UNCONDITIONAL, NON-CANCEL-
a purchase money security interest in the Product covered by the applicable Schedule
ABLE AGREEM
FOR THE MINIMUM TERM INDICATED ON ANY
(including any replacements, substitutions, additions, attachments and proceeds) as
SCHEDULE TO
IS MASTER AGREEMENT. All payments to us are "net" and
security for the payment of the amounts under each Schedule. You authorize us to
are not subject to s
ff or reduction.
file a copy of this Master Agreement and/or any schedule as a financing statement
4. Product Location,
and R it. You will keep and use the Product only at the Prod-
and you agree to promptly execute and deliver to us any financing statements cover-
net Location sho
the applicable Schedule. You will not move the Product from
ing the Product that we may reasonably require; provided, however, that you hereby
the location specili
in the applicable Schedule or make any alterations, additions or
authorize us to file any such financing statement without your authentication to the
replacements to the
oduct without our prior written consent, which consent will not
extent permitted by applicable law.
be unreasonably wi
eld. At your own cost and expense, you will keep the Product
10. Software or Intangibles. To the extent that the Product includes Software or other
eligible for any ma
cturer's certification as to maintenance and in compliance with
Intan gibles, you understand and agree that we have no right, title or interest in the
applicable laws and
l
good condition, except for ordinary wear and tear. You may
Software and you will comply throughout the term of this Master Agreement with
e
ect to separately
age us to provide maintenance and support services pursuant
any license and/or other agreement ("Software License") entered into with the sup
to a separate agree
additions or replace
it for such purpose ("Maintenance Agreement"). All alterations,
' nts will become part of the Product and our property at no cost
plier of the Software ("Software Supplier"). You are responsible for entering into any
Software License with the Software Supplier no later than the Effective Date.
or expense to us.
5
Taxes and Fe
I
ay inspect the Product at any reasonable time.
di
i
h
d
h
11. Default. Each of the following is a "Default" under this Master Agreement and all
.
es.
n
on to t
t
e payments un
er t
is Master Agreement, to the
Schedules: (a) you fail to pay any Payment or any other payment within 30 days of its
extent you are not
f
d fili
mpt under applicable law, you agree to pay all applicable taxes,
l
d
h
due date, (b) any representation or warranty made by you in this Master Agreement is
ees, an
ng cos
e
ate
to t
e use of the Product, even if billed after the end of
false or incorrect and/or you do not perform any of your other obligations under this
the term of this Ma
property tax, you al
Agreement or any Schedules. If we are required to file and pay
r e to reimburse us. If you are required to file and pay the taxes
Master Agreement or any Schedule and/or in any other agreement with us or with any
of our affiliates and this failure continues for 10 days after we have notified you of it,
directly to the tax c
1 ctor, we will notify you.
or (c) you become insolvent, you dissolve or are dissolved, or you assign your assets
6. Warranties. We tra
s er to you, without recourse, for the term of each Schedule, any
for the benefit of your creditors, or you file or have filed against you any bankruptcy
written warranties
8 e by the Vendor or Software Supplier (as defined in Section 10 of
or reorganization proceeding.
this Master Agreem
) with respect to the Product rented pursuant to such Schedule.
12. Remedies. If a Default occurs, we may do one or more of the following: (a) we may
YOU ACKNOWL
GE THAT WE DO NOT MANUFACTURE OR DESIGN
cancel or terminate this Master Agreement and/or any or all Schedules, or any or
THE PRODUCT.
U ACKNOWLEDGE THAT WE DO NOT REPRESENT
all other agreements that we have entered into with you; (b) we may require you to
THE MANUFA
UCT BASED ON
RER, AND THAT YOU HAVE SELECTED THE PROD-
OUR OWN JUDGMENT AND YOU HEREBY AFFIR-
immediately pay to us, as compensation for loss of our bargain and not as a penalty
a sum equal to (i) all past due Payments and all other amounts then due and payable
MATIVELY DISC
: RELIANCE ON ANY ORAL REPRESENTATION
under this Master Agreement or any Schedule; and (ii) all unpaid Payments for the
CONCERNING
E PRODUCT MADE TO YOU. However, if you enter into a
remainder of the term of each Schedule plus our anticipated value of the Product at
Maintenance Agree
nt with us with respect to any Product, no provision, clause or
the end of the initial term of any Schedule (or any renewal of such Schedule), such
paragraph of this
ter Agreement shall alter, restrict, diminish or waive the rights,
unpaid Payments and anticipated value to be discounted to present value at a rate
remedies or benefits
at you may have against us under such Maintenance Agreement.
equal to 6% per year to the date of default. We agree to apply the net proceeds (as
WE MAKE NO
RANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER
specified below in this Section) of any disposition of the Product to the amounts that
WHATSOEVER,
CLUDING, BUT NOT LIMITED TO, THE IMPLIED
you owe us; (c) we may require you to deliver the Product to us as set forth in Sec-
WARRANTIES O
ERCHANTABILITY OR FITNESS FOR A PARTICULAR
tion 14; (d) we or our representative may peacefully repossess the Product without
PURPOSE. AS T
S, YOU RENT THE PRODUCTS "AS-IS". YOU AGREE
court order and you will not make any claims against us for damages or trespass
THAT, NOTWIT
NOT RESPONSE
TANDING ANYTHING TO THE CONTRARY, WE ARE
E FOR, AND YOU WILL NOT MAKE ANY CLAIM
or any other reason; (e) we may exercise any and all other rights or remedies avail-
able to a lender, secured party or lessor under the Uniform Commercial Code
AGAINST US FOP
, ~NY CONSEQUENTIAL, SPECIAL, OR INDIRECT DAM-
("UCC"), including without limit, Article 2A of the UCC, and at law or in equity;
AGES.
(f) immediately terminate your right to use the Software including the disabling (on-
7. Loss or Damage. Y
are responsible for any theft, destruction of, or damage to, the
site or by remote communication) of any Software; (g) demand the immediate return
Product (collective)
time of Product deli
Loss") from any cause at all, whether or not insured, from~{~e
to you until it is delivered to us at the end of th glyed
ju
an possession of the Software and relicense the Software at a public or private
F AGE use the Software Supplier to terminate the Software License
support and
~
L. I
,
7
1-888-ASK-IKON
I I
other services under the S
otherwise
otherwise dispose of the Pi o
are License, and/or (I) at our option, to sell, re-lease,
]net under such terms ms and conditions as may acceptable e
ANY AND ALL RIGHTS AND REMEDIES CONFi-RRED UPON A GUS-
OR LESSEE BY ARTICLE 2A OF THE UCC THAT YOU MAY
to us in our discretion. Yo
gree to pay all of our costs of enforcing our rights against
HAVE AGAINST US (BUT NOT AGAINST THE MANUFACTURER, ANY
you, including reasonable t
rneys' fees, and all costs related to the sale or disposition
VENDOR OF THE PRODUCT).
of the Product including,
hout limit, incidental damages expended in the reposses-
17. Counterparts Facsimiles. Each Schedule may be executed in counterparts. The
sion, repair, preparation, ai i
i advertisement for sale or lease or other disposition of the
counterpart which has our original signature and/or is in our possession shall consti-
Product. If we take posses,
n of the Product (or any Software, if applicable), we agree
tute chattel paper as that term is defined in the Uniform Commercial Code ("UCC")
to sell or otherwise dispos
f it with or without notice, at a public or private disposi-
and shall constitute the original agreement for all purposes, including, without limi-
tion, and to apply the net
ceeds (after we have deducted all costs, including reason-
tation, (i) any hearing, trial or proceeding with respect to such Schedule, and (ii)
able attorneys' fees) to the
ounts that you owe us. You agree that if notice of sale is
any determination as to which version of such Schedule constitutes the single true
required by law to be give
, 5 days' notice shall constitute reasonable notice. You will
original item of chattel paper under the Uniform Commercial Code. If you sign
remain responsible for any
ficiency that is due after we have applied any such net pro-
and transmit a Schedule to us by facsimile, the facsimile copy, upon execution by us,
ceeds.
shall be binding upon the parties. You agree that the facsimile of a Schedule manu-
13. Assignmen t. YOU HAVE
O RIGHT TO SELL, TRANSFER, ENCUMBER,
ally signed by us, when attached to the facsimile copy signed by you, shall constitute
SUBLET OR ASSIGN T
PRODUCT OR THIS MASTER AGREEMENT OR
the original agreement for all purposes, including, without limitation, those outlined
ANY SCHEDULE WIT
OUT OUR PRIOR WRITTEN CONSENT (which con-
above in this Section. You agree to deliver to us upon our request the counterpart of
sent shall not be unreasona
withheld). You agree that we may sell or assign any of our
such Schedule containing your original manual signature.
interests without notice to
u. In that event, the assignee will have such rights as we
18. Essentialirv. During the term of this Master Agreement and any Schedules, the
assign to them but none o
or obligations (we will keep any such obligations) and the
Product(s) will be used solely for the purpose of performing one or more gov-
rights of the assignee will
be subject to any claims, defenses or set-offs that you may
ernmental or proprietary functions consistent with the permissible scope of your
have against us. If you have
tered into a maintenance, service or supply agreement with
authority. You represent and warrant that the use of the Product(s) is essential to
us, such agreement will re
in in full force and effect with us and will not be affected
performing such governmental or proprietary functions.
by any such assignment.
d
d
k
agree to acknowledge any such assignment in writing if
l
d
d
f
ll
h
i
i
19. Non-Appropriation/Non-Substitution. (a) If all of the following shall occur: (i) your
so requeste
an
to
eep
mp
ete an
accurate recor
o
a
suc
ass
gnments
n a
governing body fails to appropriate sufficient monies in any fiscal year for rentals
manner that complies with
ction 149(a) of the Internal Revenue Code, and the regula-
or other payments due under any Schedule to this Master Agreement for any equip-
tions promulgated thereun 6
r.
ment which will perform services and functions which in whole or in part are essen-
14. Rene al: Return of Pr du
After the minimum term of any Schedule to this Master
tially the same services and functions performed by the Product(s) covered by any
Agreement, such Schedule
ill renew on a month-to-month basis unless either party
such Schedule, (ii) other funds are not available for such payments, and (iii) the non-
notifies the other in writin
least 30 days prior to the expiration of the minimum term
appropriation of funds did not result from any act or failure to act on your part, then
of such Schedule. At the e
of or upon termination of each Schedule, you will imme-
a "Non-Appropriation" shall be deemed to have occurred. (b) If a Non-Appropria-
diately return the Product
bject to such expired Schedule to us (or our designee), to
tion occurs, then: (i) you must give us immediate notice of such Non-Appropriation
the location designated by
in as good condition as when you received it, except for
l
and provide written notice of such failure by your governing body at least 60 days
ordinary wear and tear. W
11 bear the shipping charges so long as replacement equip-
prior to the end of the then current fiscal year or if Non-Appropriation has not
ment is selected from IKO
Otherwise, you will bear all expenses of deinstalling, crat-
occurred by such date, immediately upon Non-Appropriation, (ii) no later than the
ing and shipping the Prod
You will insure the Product for its full replacement value
last day of the fiscal year for which appropriations were made for the rental due
during shipping. You mus
additional monthly payments, at the same rate as then
y
under any Schedule to this Master Agreement (the "Return Date"), you shall return
in effect under a Schedule,
til the Product is returned by you and is received in good
to us all, but not less than all, of the Product(s) covered by such Schedule to this
condition and working ord
by our designee or us.
Master Agreement, at your sole expense, in accordance with the terms hereof; and
15. Miscellaneous. You agree
the terms and conditions contained in this Master Agree-
(iii) any Schedule to this Master Agreement shall terminate on the Return Date
ment and in each Schedu
make up the entire agreement between us regarding the
without penalty or expense to you and you shall not be obligated to pay the rentals
rental of the Product and
persede all prior written or oral communications, under-
beyond such fiscal year, provided that (A) you shall pay any and all rentals and other
standings or agreements
herein, including without
een the parries relating to the subject matter contained
itation, purchase orders. Any purchase order, or other
payments due up through the end of the last day of the fiscal year for which appro-
priations were made and (B) you shall pay month-to-month rent at the rate set
ordering documents, will
modify or affect this Master Agreement or any Schedule,
forth in any such Schedule for each month or part thereof that you fail to return
nor have any other legal e
t and shall serve only the purpose of identifying the equip-
"
"
the Product(s) as required herein. (c) Upon any such Non-Appropriation, upon our
you will provide
upon our request
an opinion of independent counsel
request
ment ordered. You author
("CTO"), other equipment i
us to supply any missing
configure to order
number
entification numbers (including, without limit, serial num-
,
,
,
(who shall be reasonably acceptable to us), in form reasonably acceptable to us, con-
bers), agreement/schedule i
entification numbers and/or dates in this Master Agree-
firming the Non-Appropriation and providing reasonably sufficient proof of such
ment or any Schedule. Yet
: cknowledge that you have not been induced to enter into
Non-Appropriation.
this Master Agreement by
representation or warranty not expressly set forth in this
20. Funding Intent. You represent and warrant to us that you presently intend to con-
Master Agreement. Neith
his Master Agreement nor any Schedule is binding on us
tinue this Master Agreement and any Schedules hereto for the entire term of such
until we sign it. Any chang
any of the terms and conditions of this Master Agreement
Schedules and to pay all rentals relating to such Schedules and to do all things law-
or any Schedule must be i
riting and signed by us. If we delay or fail to enforce any
fully within your power to obtain and maintain funds from which the rentals and all
of its rights under this Ma t
r Agreement with respect to any or all Schedules, we will
other payments owing under such Schedules may be made. The parties acknowledge
still be able to enforce tho
rights at a later time. All notices shall be given in writing
that appropriation for rentals is a governmental function to which you cannot con-
and sent either (a) by cert 1
5, d mail or recognized overnight delivery service, postage
tractually commit yourself in advance and this Master Agreement shall not constitute
prepaid, addressed to the
receiving the notice at the address shown on the front
such a commitment. To the extent permitted by law, the person or entity in charge of
h fi
l
d
i
i
b
d
ill i
l
d
i
h
b
d
f
of this Agreement, or (b)
facsimile transmission, with oral confirmation, to the fac-
'
or eac
sca
year
ur
ng
prepar
ng your
u
get w
nc
u
e
n t
e
u
get request
l
d
l
i
l
h
M
A
simile number shown belo
uch party
s signature on this Agreement. Either party may
greement an amount equa
the term of each Sche
u
e, respect
ve
y, to t
is
aster
change its address or facsi
a number by giving written notice of such change to the
to the rentals (to be used for such rentals) to become due in such fiscal year, and will
other party. Notices shall
l
ffective on the date sent. Each of our respective rights and
use all reasonable and lawful means available to secure the appropriation of money
indemnities will survive th
ermination of this Master Agreement and each Schedule.
for such fiscal year sufficient to pay all rentals coming due during such fiscal year.
If more than one custom
as signed this Master Agreement or any Schedule, each
21. Authority and Authorization. (a) You represent and warrant to us that: (i) you are
customer agrees that its lia
ry is joint and several. It is the express intent of the parties
a State or political subdivision of a State, as those terms are defined in Section 103
not to violate any applicab
sury laws or to exceed the maximum amount of time price
of the Internal Revenue Code; (ii) you have the power and authority to enter into
differential or interest, as
licable, permitted to be charged or collected by applicable
this Master Agreement and all Schedules to this Master Agreement; (iii) this Master
law, and any such excess p
ent will be applied to Payments in the order of maturity,
Agreement and all Schedules to this Master Agreement have been duly authorized,
and any remaining excess
be refunded to you.
executed and delivered by you and constitute valid, legal and binding agreement(s)
16. vernin Law• urisdicti
Waiver of Trial B u and Certain Rights and Rem-
enforceable against you in accordance with their terms; and (iv) no further approval,
edies Un er The Unif rm
ommercial ode. YOU AGREE THAT THIS MASTER
consent or withholding of objections is required from any governmental authority
AGREEMENT AND AN V
SCHEDULES WILL BE GOVERNED UNDER THE
with respect to this Master Agreement or any Schedules to this Master Agreement.
APPLICABLE LAW FOR
E COMMONWEALTH OF PENNSYLVANIA. YOU
(b) If and to the extent required by us, you agree to provide us with an opinion of
ALSO CONSENT TO
VENUE AND NON-EXCLUSIVE JURISDICTION
independent counsel (who shall be reasonably acceptable to us), substantially in the
OF ANY COURT LO
ED IN EACH OF THE COMMONWEALTH OF
form attached hereto as Exhibit A confirming the foregoing and other related mat-
PENNSYLVANIA AND
E STATE WHERE YOUR PRINCIPAL PLACE OF
ters. (c) You agree to take all required actions and to file all necessary forms, includ-
BUSINESS IS LOCAT
TO RESOLVE ANY CONFLICT UNDER THIS
ing IRS Forms 8038-G or 8038-GC, as applicable, to preserve the tax exempt status
MASTER AGREEME
THE PARTIES TO THIS MASTER AGREEMENT
of this Master Agreement and all Schedules thereto. (d) You agree to provide us with
EACH WAIVE THE RI
TO A TRIAL BY JURY IN THE EVENT OF A LAW-
any other documents that we may reasonably request in connection with the forego-
SUIT. TO THE EXTE
PERMITTED BY APPLICABLE LAW, YOU WAIVE
ing and this Master Agreement.
IN WITNESS VVIJY E th rtiev xecuted this aster Agreement as of the dates set forth below.
CUSTO IKON OFFICE SOLUTIONS, INC.
By: By;
Authorized Signer n re Authorized Signer Signature
t•
Name & Title: I ID u rl V J Name & Title:
Date: 7 / Date:
Facsimile Number: Facsimile Number:
1 10 L 57 PAGE. 6,0 S&LG Master Agreement 4.04
1-888-ASK-IKON www.ikon.com
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPAR MENT Road and Bridge NUMBER 560010
DATE COURT MEETING: _ July 6, 2004
ITEM: rmission to enter James Priest's property off Bendwood Drive Forest
Lakes Subdivision for the Purpose of cleaning the drainage ditch to divert water off the
roadwa or the health safety and welfare of the general public. Site is located in
SOURCP OF FUNDS: N/A
S1 will be maintained as needed to ensure proper drainage of water from
t roadway.
SUBMITIVED BY:
Richard Vance, P.E.
County gineer
APPROVED BY:
Q%-
Commissione nny Malls
Precinct 3
This Re est is Approved (or) Denied by Commissioners' Court
Date: I(~("7
County Judge
v0L_57 AGE l
BRAZOSCOVNTY
PRWATE PROPERTY ACCESS PERMISSION FORM
Randy Sims
County Judge
Pony J
Duane Peter
Commis
1
ner pct I Commissioner Pct 2
Kenny
lard Carey Cauley, Jr.
Commis
i
er Pct I Commissioner Pet 4
~ctE
I
Date June 29, 2004
1.
LAND OWNER AND ADDRESS Mr. James PriUt
6752 Bendwood
College Station, Texas
II.
LOCATION OF WORK 6752 Bendwood, Foriest Lakes Subdivision
III.
DESCRIPTION OF WORD TO BE DONE Permission to enter propert
to
lean out the drainage ditch to divert water off the road.
IV.
MAINTENANCE YES x NO
IF YES, ESTIMATED FREQUENCY OF MAINTENANCE as needed
(Own
will be notified prior to maintenance)
Richai
14
1 F. Vance, P.E. En eer Ai oreman/Right of Way Agent
Count
V
Engineer
Own
R
's Signatur Date ~k 0 6
VOL