HomeMy WebLinkAbout2004-09-28-9:00AM-Regular01c I'I- ED
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f ~ 4 iL`aTr: -l'-COUNTY CLERK
BRYAN, TEXAS - C~
- .DEPUTY~~
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE CC
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MISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
ON 28 SEPTEMBER 2004 AT 9:00 A.M. IN THE COMMISSIONERS
IOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26' STREET,
, BRYAN, TEXAS.
ion and Pledge of Allegiance - Commissioner Peters
for citizen's input and/or concerns.
take action on agenda items 3 -26:
Amendment 03/04-48.1 thru 03/04-48.2
Change of Status.
of Claims.
#04-012 establishing October as Domestic Violence Awareness Month.
A by Risk Management for renewal of the Property and Casualty Insurance Texas
Entity Group, underwritten by St. Paul Insurance Company (previously tabled.
roval of the Contract with Texas A&M University to maintain and operate the
ities at Easterwood Airport for fiscal year 2005 (previously tabled.
9. R uest by Juvenile Services for approval of the renewal of the Building Lease
A ement with the Estate of Brazos A. Varisco for Juvenile Services' Academy.
10. R uest by Jail Administration for approval of the Renewal Contract with Dr. Rany
C rian for the provision of medical services to the inmates in the Brazos County Jail and
de `inees at the Juvenile Detention Center.
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VOL PAGE /
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Commissioners Court Agenda
28 September 2004
Page 2
11. Rtuest by Jail Administration for approval to reclassify the Interim Sergeant Position
1116-1 to Sergeant Jail 1505-11.
12. R uest by Jail Administration for approval to reclassify the Dispatch Supervisor
P 'ition 1439-1 from Group 14 Step 15 to Group 19 Step 5.
13. Aroval of the Help America Vote Act (HAVA) grant award agreement with the State
o Texas' Office of the Secretary of State.
14. R f 4olution #04-016 required as part of the HAVA Reimbursement Agreement.
15. Ruest by Information Technology for approval to renew the Novell Master License
A eement for fiscal year 2005.
16. R uest by Information Technology for approval to renew the printer service agreement
Peak Technologies for fiscal year 2005.
17. At~roval of a corrected Salary Schedule for fiscal year 2005.
18. T44 Refund Applications for the following:
a. Atasca Resources, Inc.
b. Charles L. & Gloria Marshall
19. R uest by the County Clerk for approval of two payment authorizations submitted for
th rental of polling locations for the Special Tax Limitation Election held on September
11 2004. A purchase order was not issued.
20
21.
D ignation of the day of the week and the location for Commissioners Court to convene
in gular session each week during the next fiscal year.
uest by Purchasing to award Bid #2004-039, Culverts, Various Types as follows
;d on best price:
Primary vendor for item 1-11 and 15-36: Wilson Culverts
Primary vendor for items 12-14: Progress Supply
Primary vendor for items 37-39: Hanson Pipe & Products
Secondary vendor for items 1-11 and 15-36: Contech Construction
22.
23
nest by Purchasing to award Bid #2004-040, Lane Striping/Pavement Markers to N-
Traffic Maintenance based on best price.
zest by Purchasing for approval of the 2004-2005 exemptions from competitive
ing requirements for the following:
Alliance Transportation Group
Associates for Applied Psychology / Brian Stagner, Ph.D.
Brazos Abuse Intervention Program / Vernon Van Rooy, LPC
Ben E. Keith
Brooks Land Survey Co.
Commissioners Court Agenda
28 September 2004
Page 3
f. Bruchez, Goss, Meronoff, Thornton & Hawthorne
g. Bryan Freightliner
h. Bryan Texas Utilities
i. Buchanan Soil Mechanics
j. Carlomagno Surveying, Inc.
k. City of Bryan
1. City of College Station
M. Department of Educational Psychology / Dave Lawson, Ph.D.
n. Department of Psychology / Doug Snyder, Ph.D.
o. Dr. Mahesh Dave
P. Dr. Raney Cherian
q. Family Psychological Service
r. Garrett Engineering
S. Goodwin-Lasiter, Inc.
t. Gulf Coast Trades Center
u. Halt-Control - Responsibility / Roy Luepnitz, Ph.D.
V. Pat Hicks, LCDC
W. Hunton Trane Services
X. Identix Corporation
Y. Idexx Laboratories
Z. Ikon/Texas Copy
aa. Indigent Health Care Program
bb. J. P. Bowlin
CC. John Hamilton
dd. Junction Five-O-Five
ee. K. W. Brown & Associates
f£ Kennedy-Holtkamp, Inc.
gg. Labatt Food
hh. Life Sign LLP
ii. Lutheran Social Services
j. Municipal Development Group
kk. Patterson Architects
11. Alex Quiros, LPC
mm. Raybon Metcalf Engineering
nn. Riley Engineering
oo. Rimstar International
pp. Anna Satterfield, Ph.D.
qq. S. T. Lovett & Associates
ff. Scott & White Clinics
ss. Smith, Portia
Still Creek Ranch
u. Strong Survey
vv. Texas Commercial Waste
ww. Texas Avenue Medical Clinic
X. Texas Voting Systems
y. The Counseling Center / Ms. Tammera Brown, LPC
z. Thomas, Tracy
aaa. Tiburon, Inc.
bb. TXU Gas / ONCOR (Lone Star Gas)
s A/n?O .F U
Commissioners Court Agenda
28 September 2004
Page 4
24
ccc. Verizon
ddd. Waste Systems Equipment, Inc.
eee. Winstead, Sechrest and Minick P.C. / Paul Martin
west by Purchasing to award Bid 42004-038, Janitorial Services to Ray Criswell,
on best price.
25. A roval of the Agreement with Brazos County Emergency Communications District for
s ices as emergency communications dispatching authority for the Brazos County
S riff s Office, Volunteer Fire Departments and Constables.
26. A roval of Resolution #04-017 approving the budget of the Brazos County Emergency
C unications District and providing an effective date.
27. Aouncement of interest items and possible future agenda topics.
28. C# for citizen input and/or concerns.
29. Ao~ncy / Board / Committee reports by Court members.
30. T Commissioners Court will convene into an Executive Session pursuant to §551.071
o he Texas Government Code to deliberate pending litigation in consultation with an
a rnev.
31. C44sider and take action on Executive Session.
32.
The Brazos unty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive s ices must be made two business days before the meeting. To make arrangements, call (979) 361-4102. 111,
COMMISSIONERS' COURT
REGULAR MEETING
SEPTEMBER 28, 2004
A regular meeting of the Commissioners' Court of Brazos
C nty, Texas was held in the Brazos County Commissioners
C `rtroom in the Courthouse in Bryan, Brazos County, Texas,
b inning at 9:00 a.m. on Tuesday, September 28, 2004 with the
lowing members of the Court present:
Randy Sims, County Judge, Presiding;
Eric Caldwell, Commissioner of Precinct l;
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 Peters gave the invocation and led the
p dge of allegiance.
Under citizen input/and or concerns, Rhonda Gilchrist,
Director of Juvenile Services introduced two new employees,
S ven Slaughter and Colin Coker. The Court members bid them
welcome.
The Court next considered Budget Amendment #03/04-48.1
ough 48.2, which would transfer funds from Contingency to
Courthouse Security Fund and Sheriff-Jail Administration.
motion by Commissioner Cauley, seconded by Commissioner
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C issioners Court meeting September 28, 2004 2
P ers, the Court voted unanimously to approve the budget
ndment as submitted, a copy of which is attached.
The Court proceeded to consider the change of status of
loyees as submitted on the attached Personnel Action
R uests. On motion by Commissioner Cauley, seconded by
C issioner Peters, the Court voted unanimously to
ajProve the changes as submitted.
The Court next considered the following Claims as
s mitted by the County Treasurer for payment:
Travel Advances 20067348 through 20067358
Claims 20067359 through 20067549
motion by Commissioner Mallard, seconded by Commissioner
C ley, the Court voted unanimously to approve the Claims as
s mitted.
The County Judge read aloud a Proclamation #04-012
d ignating the month of October 2004 as "Domestic Violence
A reness Month". The Court joins with the cities of Bryan
a College Station, and Texas A&M University to educate the
c unity about the causes of domestic violence, become
i olved with the prevention of domestic violence and demand
end to domestic violence and remember those who have been
v' timized by this abhorrent crime. On motion by Commissioner
C ley, seconded by Commissioner Peters the Court moved to
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I
C issioners Court meeting September 28, 2004 3
p claim the month of October 2004 as "Domestic Violence
Awareness Month" throughout Brazos County. The County Judqe
t4 n presented the signed Proclamation to Ms. Christie Sanitz
r4presentative of Twin City Mission-Phoebie's Home, and Sara
M dez of the Brazos County Health Department. There will be
a andlelight vigil at 7:00 p.m. on Tuesday, October 5, 2004
allthe Lincoln Center.
The next matter before the Court was the renewal of the
P perty and Casualty Insurance Texas Public Entity Group,
u erwritten by St. Paul Insurance Company. The estimated
c t for coverage is $435,000.00. The Risk Manager expressed
c ,cern with limited coverage outside of the state. He is
w#ting to hear if the endorsement will be at no additional
c t. Commissioners Mallard and Cauley both felt the county
n ded extra coverage at $1 million dollars, were willing to
p for the extra coverage and not push for the endorsement.
T Risk Manager recommended acceptance of the proposal as
w tten with the terrorism clause and wait and see if there is
all addendum. He added that the $1 million dollar coverage
ld add about $7,000.00 to the premium. Commissioner Mallard
a~~ed that the Court look at reevaluating the value of the MHMR
B#lding and the Annex. Then on motion by Commissioner
lard, seconded by Commissioner Cauley, the Court voted
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C missioners Court meeting September 28, 2004 4
u nimously to renew the insurance as presented with the
e#eption of auto liability that is to remain with $1 million
d4~lar coverage whether we get the endorsement or not.
The next matter before the Court was approval of the
c1ptract with Texas A&M University to maintain and operate the
fWlities at Easterwood Airport for fiscal year 2005. The
C my Judge moved to approve and Commissioner Cauley seconded
t motion. The County Judge stated that the funding was
c nged from $54,000.00 to $50,000.00 and then another
$T),000.00 would go to capital improvements. The County
A `itor objected to paying for capital improvements. On motion
b the County Judge, seconded by Commissioner Mallard, the
t voted unanimously to table consideration to allow for
rding of the contract.
The Court next considered the renewal of the
Belding Lease Agreement with the Estate of Brazos A. Varisco
f Juvenile Services Academy. The cost to Brazos County will
b $24,000.00 payable in installments of $2,000.00 per month.
T term of the contract is for twelve (12) months commencing
o October 1, 2004 and terminating September 30, 2005. On
m ion by Commissioner Cauley, seconded by Commissioner
P ers, the Court voted unanimously to renew the Building
L se Agreement with the Estate of Brazos A. Varisco for
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C issioners Court meeting September 28, 2004 5
Juvenile Services Academy. A copy of the contractual
a eement is attached.
The next matter before the Court was the renewal of the
c tract with Dr. Ranny Cherian to provide medical services to
t inmates in the Brazos County Jail and detainees at the
Juvenile Justice Center. The term of the contract is for
t lve (12) months commencing on October 1, 2004 and
t minating September 30, 2005. There is no increase in price
n any changes in the terms and conditions previously agreed
u n. On motion by Commissioner Cauley, seconded by
C issioner Peters, the Court voted unanimously to renew the
c tract with Dr. Ranny Cherian to provide medical services to
t inmates in the Brazos County Jail and detainees at the
J enile Justice Center.
The Court next considered a request by the Jail
A inistrator for approval to reclassify the Interim Sergeant
p ition 1506-1 to Sergeant Jail 1505-11. This is to comply
with a staffing recommendation made previously by the Texas
C fission on Jail Standards. There is no increase to the
b get. On motion by Commissioner Peters, seconded by
C issioner Cauley, the Court voted unanimously to approve the
est.
The next matter before the Court was request by the Jail
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C issioners Court meeting September 28, 2004 6
A inistrator for approval to reclassify the Dispatch
S ervisor Position 1439-1 to pay group 19. After reviewing
d patch operations, it was discovered that the position had
b n incorrectly placed in the lower pay group. On motion by
C issioner Peters, seconded by Commissioner Cauley, the Court
v ed unanimously to approve the request.
The next matter before the Court was authorizing the
C my Judge to execute the Help America Vote Act Grant Award
A eement and accept such grant funds as may be tendered. The
f ds are for the purpose of reimbursement of costs incurred as
a esult of purchasing HAVA compliant voting systems for each
p ling location, reimburse costs resulting from professional
e ction training, and voter education to name a few. On
m ion by Commissioner Cauley, seconded by Commissioner
M lard, the Court voted unanimously to authorize the County
J ge to execute the Help America Vote Act Grant Award
eement and accept such grant funds as may be tendered. A
copy is attached.
On motion by Commissioner Cauley, seconded by
C issioner Peters, the Court voted unanimously to adopt
r 0lution 04-06, authorizing the County Judge to serve as the
C#nty authorized official with signing authority on behalf of
t# County. This is required as part of the Help America Vote
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C missioners Court meeting September 28, 2004 7
A (HAVA).
The Court next considered the renewal of the Novell
M ter License Agreement for fiscal year 2005. The cost to
tAE~ County is $20,150.63. On motion by Commissioner Cauley,
s onded by Commissioner Peters, the Court voted unanimously
t renew the Master License Agreement. A copy is attached.
The next matter before the Court was the renewal of the
p nter service agreement with Peak Technologies. The cost of
t agreement is $1,462.68 but due to the county having a
c dit memo in that amount there will be no funds required for
t FY 2005 budget. On motion by Commissioner Cauley,
s onded by Commissioner Peters, the Court voted unanimously
t approve the renewal of the printer service agreement. A
c y is attached.
The Court next considered approval of the corrected
S ary Schedule for fiscal year 2005. On motion by
C issioner Cauley, seconded by Commissioner Caldwell, the
C curt voted unanimously to approve the corrected salary
s edule. A copy is attached.
The next matter for consideration was approval of tax
r and applications from the following individuals and/or
c panies:
a. Atasca Resources, Inc., Over Payment $39.15
b. Charles L. & Gloria Marshall, Over Payment
L PAGE ?9
s Court meeting September 28, 2004
$1,482.70
8
O motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to
a rove the tax refund applications.
The next matter before the Court was approval of two (2)
payment authorizations submitted for the rental of polling
locations for the Special Tax Limitation Election held on
S tember 11, 2004. Both payment authorizations are for $50
f a total of $100.00. On motion by Commissioner Cauley,
s onded by Commissioner Peters, the Court voted unanimously
t approve payment of the two payment authorizations.
The Court next considered designating the day, location
a time for the Commissioners Court to convene in regular
s Sion each week during the next fiscal year. On motion by
tlk~ County Judge, seconded by Commissioner Cauley, the Court
v ed unanimously to set the Commissioners Court meetings on
Tuesday, at 9:00 a.m. in the Commissioners Courtroom on the
1 2nd, and 4th week and at 6:00 p.m. at the Brazos Center on
t 3rd Tuesday of the month.
The Court next considered awarding Bid No. 2004-039,
C verts, Various Types. Becky Stephens, Senior Buyer, made
t following recommendations:
Primary Vendor-items 1-11 and 15-36 Wilson Culverts
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C missioners Court meeting September 28, 2004 9
Primary Vendor-items 12-14 Progress Supply
Primary Vendor-items 37-39 Hanson Pipe & Products
Secondary Vendor-items 1-11 and 15-36 Contech
Construction.
0 motion by Commissioner Peters, seconded by Commissioner
M lard, the Court voted unanimously to accept the
r o=endation of the Senior Buyer and award the contract as
n ed above. A copy of the bid tabulation is attached.
The Court next considered awarding Bid No. 2004-040, Lane
S iping/Pavement Markers. Becky Stephens, Senior Buyer
r ommended acceptance of the bid submitted by N-Line Traffic
M ntenance. On motion by Commissioner Caldwell, seconded by
C issioner Cauley, the Court voted unanimously to accept the
r ommendation of the Senior Buyer and award the contract to
N ine Traffic Maintenance. A copy of the bid tabulation is
a ached.
The next matter before the Court was a request by the
P chasing Department for approval of the 2004-2005 exemptions
f m competitive bidding requirements. On motion by
C issioner Mallard, seconded by Commissioner Cauley, the
C curt voted unanimously to approve the exemptions with the
e eption of Ben E. Keith and Labatt Foods. A copy is
a ached.
The Court next considered awarding Bid No. 2004-038,
J itorial Supplies. Pat Howard, Purchasing Agent,
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C issioners Court meeting September 28, 2004 10
r ommended acceptance of the bid submitted by Ray Criswell.
O motion by Commissioner Mallard, seconded by Commissioner
Peters, the Court voted unanimously to accept the
r ommendation of the Purchasing Agent and award the contract
t Ray Criswell. A copy of the bid tabulation is attached.
The Court next considered entering into Agreement with
t Brazos County Emergency Communications District (9-1-1) to
p form for the county emergency communication services
d 'patching. Term of the contract is from October 1, 2004
t ough September 30, 2005 at a cost of $355,254.00. On
m ion by Commissioner Peters, seconded by Commissioner
C ley, the Court voted unanimously to enter into agreement
w h the Brazos County Emergency Communications District (9-1-
1), and authorized the County Judge to execute the Agreement on
b alf of Brazos County. A copy of the Agreement is attached.
On motion by the County Judge, seconded by Commissioner
M lard, the Court voted unanimously to adopt Resolution 04-
017 approving the annual budget of the Emergency
C unications District and making it effective immediately
u "n its adoption and passage.
There was no announcement of interest items and possible
future agenda topics the following spoke:
L W
PAGE wc~
Court meeting September 28, 2004
Under citizen input and/or concerns, the following
s$(Dke :
Katie Connor, County Auditor
a) She informed the Court that her office was
preparing to go live on the new computer system
and wanted everyone using the new system to be
prepared to be down Friday and not be able to
spend money until Monday.
County Judge
a) He reminded everyone that the Commissioner's
Court meeting on October 3, 2004, will be held
at 9:00 a.m. in the Commissioners Courtroom
due to the Brazos Center being booked solid.
11
Under Agency/Board/Committee reports by Court members,
too following spoke:
County Judge
a) He reported on the meeting with the Easterwood
Airport representatives and discussed renovations to
the terminal.
Commissioner Caldwell
a) He reported on some items discussed at the retreat
for representatives of the two cities, Texas A&M
University and the County. He missed the discussion
on Grimes County Regional Park, Water issues, senior
Tax freeze results, school reform but did hear
discussion on the campus master plan and Texas 21.
b) He attended the 82nd Regional County Judges and
Commissioners conference in Houston. He reported on
some of the topics and said it was very interesting.
Commissioner Mallard
a) He and Commissioner Peters traveled to Houston to
attend the CUC luncheon meeting. They discussed
z 6 a PAGE
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Cd
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s Court meeting September 28, 2004 12
budgets and other areas of concern with other
counties around the state and discussed the
legislative session.
Commissioner Cauley
a) He asked everyone to pay attention to the ground
water topics and see who's going to make the money
off the water. This is a precious mineral.
County Judge
b) The FAA is looking for a place for a regional
airport. For various reasons they cannot find an
appropriate location.
Commissioner Mallard
c) He was an independent contractor/agent for the
Insurance Network of Texas and receives some dollars
for past policies but no longer receives any dollars
from any current insurance contracts.
Commissioner Caldwell
c) The CUC is looking for an attorney position
At 10:00 a.m. the County Judge announced the meeting
sed to the public so that the Court could meet in Closed
E#cutive Session to discuss the pending litigation as
allowed under Section 551.071 of the Texas Government Code.
J At 10:20 a.m. the County Judge announced the meeting open
t the public and announced that no action would be taken on
tU executive session.
There being no further business to come before the
C40rt, the meeting was adjourned.
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84
TT foregoing minutes of the Commissioners Court meeting held
September 28, 2004 have been examined and are approved in open
C rt this the day of T nLkaj- 2005 in Bryan,
Brazos County, Texas.---_
y Sim Lloyd Wasserman
ty dge Commissioner, Precinct 1
b5cnt
Di I 'ne Peters Kenny Mallard
C issioner, Precinct 2 Commissioner, Precinct 3
C ;2s rioner, uley, Jr.
C Pr c' ct 4
A#test:
Keen McQueen
C ty Clerk
L 6 PAGE
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR
NO. 03/0448.1 thru 03/04-48.2
following
The
I this the 28`h day of September 2004 at a regular meeting of the Commissioners' Court, the
were 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
g proceedings were held:
X WHEREAS, on 28 September 2004 the Court heard and approved a budget amendment for the
2003-2004 ~udget year for Brazos County, Texas.
REAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions ` hich 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 28`h day of September 2004.
THE COWSSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By:
ims, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
VOL
_4?-FAr,IE 0
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 03/04-48.1
9/28/2004
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
912000
DR
Transfer to Courthouse Security
2,000.00
01
110015
611300
CR
Contingency
2,000.00
22
490280
CR
Transfer From General Fund
2,000.00
22
510001
516200
DR
Hourly-Overtime
2,000.00
Courthous
Security Fund
To provide
din for t
he overtime in courthouse Security Fund due to the need for security after hours.
larcnarec y
DL1te: ~ w } j
a _
,.F~'}/4 V~
At,)proyed 1 s t
Dt~t~..?'A ftYas 'r.•~..'Y~ 7
i
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V OL 62~ PAGE
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 03/04-48.2
9/28/2004
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 28000111 618800 DR Utilities 13,000.00
01 110015 611300 CR Contingency 13,000.00
Sheriff - J41 Administration
JTo cover &,H cost of increase cost in utilities.
13,000.00 1 13,000.00
I I y
Prepared By: ifj Approved 133:
Date: 19/24/2004 Date: ~~`~"Mez-r ~O
PAGE
C/
PERSONNEL CHANGE OF STATUS
CO T DATE: September 28, 2004
DE TMENT: Personnel
PU POSE: Approve Personnel Change of Status
■r■ ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr~
DE RTMENT NAME EMPLOYEE NAME ACTION REQUESTED
■r■ ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr~
[FF'S OFFICE- JAIL FELTON, CODY RESIGNATION
WALTMAN, JERRY RETIRED
FRANK, EDWARD W. TRANSFER FROM ANOTHER
DEPT.
SERVICES- BOOKER, SHERRIE NEW HIRE
TION ANDERSON, SHAVONDA NEW HIRE
SALLIE, DEIDRE NEW HIRE
HENDERSON, BARBARA RESIGNATION
IMY LEWIS, BYRON NEW HIRE
TURE EXTENSION YOUNG, VIRGINIA NEW HIRE
-d in Commissioners' Court:
Judge's or Commissioner's Si
spy to be attached to minutes)
V0 L )AGE 9/
BUILDING LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into this 26th -of August, 2004
by and between LUCILLE VARISCO AND ESTATE OF BRAZOS A. VARISCO ("Lessor")
and BRAZOS COUNTY and the BRAZOS COUNTY JUVENILE SERVICES DEPT.((L.essee")
WITNESSETH:
1. PREMISES. For and in consideration of the rental to be paid and the covenants to be
performed by Lessee hereunder, Lessor hereby leases, demises and lets to Lessee the Premises known as
Old City National Bank Building , situated at 301 North Main Street Bryan, Brazos County, Texas,
being space commonly known as approximately 6,676 square feet of building space at 301 North Main St.,
("the Premises") upon the following terms and conditions.
2. TERM.. Unless terminated as provided herein, this Lease shall be for a term of one
year(s); the "Primary Term" commencing on October 1, 2004 and ending on September 30, 2005
unless earlier terminated, and upon and subject to the covenants, agreements, terms, provisions, and
limitations hereinafter set forth, all of which the Lessee and Lessor covenant and agree to perform and
observe.
3. RENTAL. Lessee shall pay to Lessor at their office at 219 North Main St., Bryan, Texas, as
rental during the Primary Term of this Lease, unless earlier terminated pursuant to the terms hereof, the total
sum of $ Twenty-Four Thousand and no/100 payable in equal installments of
$ 2,000.00 per month in advance on the first day of each month during the term of this Lease
beginning on October 1 2004
4. ADVANCE DEPOSIT. Lessee shall, on execution of this Lease, pay to Lessor the sum
of N/A receipt of which is hereby acknowledged as an advance deposit. This advance deposit will
e refunded on the expiration of the Lease provided that the pre mises are left in as good or better condition
when leased and any and all damage is repaired to the satisfaction of the Owners.
5. USE and TITLE. Lessee shall have the right to use the Premises for the purpose of operating
The Academy
Lessee shall promptly comply with all regulations, orders, ordinances and laws of legally constituted
authorities applicable to the use and occupancy of the Premises. Lessor warrants and represents to Lessee
that Lessor has full right and lawful authority to enter into this Lease. Lessor makes no warranty as to the
validity of the Lease under applicable governmental regulations for the use intended by Lessee hereunder.
Lessee shall have and hold quiet and peaceable use and possession of the premises during the entire Lease
term so long as Lessee is not in default hereunder. Lessee shall comply with all statutes, ordinances and
requirements of all municipal, state and federal authorities now in force, or which may hereafter be
enforced, pertaining to the Premises, occasioned by or affecting the use thereof by Lessee, including but not
necessarily limited to the use, storage, and/or disposal of materials classified as hazardous, toxic, flammable
or otherwise dangerous to the environment. Lessee further agrees to comply with all statutes, ordinances,
and/or regulations governing the use, storage and/or disposal of such hazardous, toxic, flammable or
environmentally dangerous materials as promulgated by federal, state or local authorities.
6. MAINTENANCE and REPAIRS. Lessee agrees, at its own expense, to fully maintain the
Premises and appurtenances thereto in good repair, and in at least as good condition as that in which they
were delivered. Lessor will not be required to perform repairs or any maintenance whatsoever. No
alterations may be made without first obtaining Lessor's written consent thereto.
7. UTILITIES. Lessee further agrees to furnish, while occupying such premises, all utilities
(water, lights, air conditioning and heat) and janitorial services and any other maintenance required.
VO[ ba PAGE 1
8. CO + NANTS AGAINST LIENS. If, because of any act or omission of Lessee, any
mechanic's lien or her lien, charge or order for the payment of money shall be filed against Lessor or
against the Premises r any portion thereof, Lessee shall, at its own cost and expense, cause the same to be
discharged of reco or bonded within thirty (30) days after written notice from Lessor to Lessee of the
filing thereof; and ssee shall indemnify and hold harmless Lessor against and from all costs, liabilities,
suits, penalties, cl ' and demands resulting therefrom, including reasonable fees of Lessor's attorneys.
9. F URES. Lessee may, at its own cost and expense, install equipment, fiunlture and
trade fixtures on th eased Premises at any time and from time to time during the term of this Lease. All
such equipment 'tune and trade fixtures shall remain the property of Lessee and may be removed by
Lessee, at its own q -t and expense, at any time before the termination of this Lease. Any personal property
of Lessee affixed t e Premises in such a manner that their removal will substantially damage the Premises
shall become a p f the Premises and be the property of Lessor unless Lessee repairs the damages caused
by such removal.
10. T
S. Lessor covenants and agrees to pay all ad valorem taxes, which accrue, against
the Premises during
he Tenn of this Lease. Lessee shall be liable for all taxes levied or assessed against any
personal property
fixtures placed in the Premises during the Term of this Lease. If any such taxes are
levied or assessed
ainst Lessor or Lessor's property and (i) Lessor pays the same or if (ii) the assessed
value of Lessor's
perty is increased by inclusion of such personal property and fixtures and Lessor pays
the increased taxes
en, upon demand Lessee shall pay to Lessor the amount of such taxes.
11.
CE. All insurance required to be maintained under the provisions of this Lease
shall be written b
urer(s) authorized to write insurance in the State of Texas. Such insurance may be
maintained under
et policies covering other buildings and contents operated by Lessee.
12. L
ILITY INSURANCE. At all times during the Lease term, Lessee shall maintain in
force and effect, al
ts own cost and expense, a policy or policies of liability insurance for the protection,
indemnification arc
defense of Lessee (with Lessor named as an additional insured) against claims,
demands and caust
of action arising out of or in connection with the use, maintenance, operation and
occupancy of the
raises, which policy or policies shall have limits of not less than: $500,00 for injuries
(including death) t
one person, $1,000,000 for injuries (including death) to more than one person in one
accident, and $1,0
000 for damages property in one accident. Upon written request of Lessor, Lessee shall
cause the insurer(
o furnish to Lessor certificate(s) evidencing the insurance required to be maintained
hereunder and sta
that no policy change or cancellation will be made without giving ten (10) days'
l
notice to Lessor or
designee.
Esor's
13. St fl ROGATION. Lessor and Lessee, and all parties claiming under them, hereby
mutually release discharge each other from all claims and liabilities arising from or caused by any
hazard covered by urance on the Premises, or covered by insurance in connection with property on or
activities conducte n the Premises, regardless of the cause of the damage or loss. With respect to all such
insurance which d s not cover both Lessor and Lessee as the named insured, Lessor and Lessee agree to
take promptly suc ction as may be required by their respective insures so that all rights of subrogation
against Lessor or see under such insurance will be effectively waived by such insurers.
14.
EMMTY. Lessee agrees to indemnify and save. Lessor harmless from and against all
claims for or on
ount of damages to property or injuries (including death) to persons arising out of
Lessee's use and
upancy of the Premises. Lessor shall not be liable to Lessee or any third party for any
damage or injury (
luding death) to persons or property resulting from (a) the negligence of anyone other
than Lessor, or the
ents, servants or employees of Lessor, or (b) any unknown defect in the premises or
the improvements
ereon, whether such defect be the result of improper construction, lack of maintenance
or repair, impro
maintenance or repair or (c) the breach of any condition, covenant or obligation of
Lessee pursuant to
e terms of the Lease arising or occurring after Lessee takes possession of the Premises.
15. D
FAULT BY LESSOR In the event Lessor should default in the performance of any
covenant or condi '
n of this agreement and such default is not cured or action to cure such default is not
initiated and dilig
y pursued to effect a cure within ten (10) days after service or written notice of default
upon Lessor, Less
shall have the right and option to temvnate this Lease.
15.1 DEFAULT BY LESSEE. In the event (a) Lessee shall be declared bankrupt, be deemed
in receivership, or take advantage of any law for the relief of debtors, or (b) if Lessee should default in the
performance of any covenant or condition of this agreement (including the payment of any rental
installment due hereunder) and such default is not cured or removed within ten (10) days after service or
written notice of default upon Lessee, then, in any such events, Lessor shall have the right and option to
terminate this Lease, to re-enter the Premises, to evict Lessee and to remove Lessee's possessions, all
without being deemed guilty of any trespass, and without prejudice to any claim by Lessor for damages for
breach of covenant or for arrears of rent.
16. HOLDING OVER In the event Lessee, or anyone claiming under Lessee, continues to
occupy the Premises after the last day of the Lease term, and the Lessor elects to accept rental thereafter, a
tenancy from month to month shall be created at one and one half times the last monthly rental rate and
upon the other terms and conditions existing on the last day of the Lease term as herein provided.
17. ENFORCEMENT. In the event either party resorts to judicial proceedings to enforce any
right under this Lease or to obtain relief from the breach of any covenant hereof, the part ultimately
prevailing in such proceedings shall be entitled to recover from the defaulting party the costs of such
proceedings, including reasonable attorney's fees.
18. NOTICES. Any notice required or permitted to be delivered hereunder shall be deemed to
be delivered (i) whether or not actually received, three (3) days after being deposited in the United States
Mail, postage prepaid, certified or registered mail, return receipt requested, or (ii) when received, if delivered
personally, addressed to Lessor or Lessee, as the case may be, at the address set forth herein or at such other
address as such party may hereafter designate by notice to the other party.
19. ASSIGNMENT and SUBLETTING. Lessee shall have no right to assign this Lease,
any interest in the Lease, nor to sublet any part of the Premises, or any right or privilege pertinent to the
Lease or the Premises without the express, written consent of Lessor.
20. EXECUTION. This agreement is executed in multiple originals as of the day and year
first written above and shall be binding upon and shall inure to the benefit of the parties hereto and their
respective hens, successors, assigns and legal representatives. The paragraph captions used herein are for
convenience only and shall not be deemed to have been included for any other purpose.
21. ENCUMBRANCE. TRANSFER and ATTORNMENT. Lessee shall not mortgage,
pledge or otherwise encumber its interest in this Lease or in the Premises except as provided herein. In the
event of the transfer and assignment by Lessor of its interest in this Lease to a person expressly assuming
Lessor's obligations under this Lease, Lessor shall thereby be released from any further obligations
hereunder, and Lessee agrees to look solely to such successor in interest of the Lessor for performance of
such obligation.
22. SUCCESSORS IN INTEREST. The covenants herein contained shall, without altering
the prohibition against assignment and subletting by Lessee without Lessor's prior consent set forth herein,
apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, and all
of the parties hereto shall be jointly and severally liable hereunder.
23. OPTION TO RENEW. Provided Lessee has not defaulted in any of the terms,
conditions, and provisions hereof, Lessee shall have the right of renewing and extending the term hereof for
an additional period of N/A years(s) beginning on the expiration date of the Primary Term of this lease
and upon the terms, conditions, and rental payment as agreed to by both parties. In order to exercise this
option, Lessee shall give to Lessor notice in writing, at the last known address of Lessor, not less than sixty
(60) days prior to the expiration of the Primary Term.
24. NUISANCE. Lessee covenants that Lessee shall not suffer, permit, or allow the existence
of any circumstances that constitutes a nuisance or unreasonably interferes with the safety, comfort or
enjoyment of the Premises, or any property in close proximity to the Premises owned by other members of
the general public.
r$.
25,
period from the
26.
27.
28.
'AYMENT CHARGES. For a late payment of rent, after a ten (10) day grace
Lessee will be charged a late fee of up to ten percent (10%) of the monthly rent.
R Lessor agrees to waive all prejudgment liens and lien rights.
Time is of the essence of this Lease.
IN WITNESS WIRREOF, the said Lessor has hereunto set his, or its, hand and the said Lessee has
hereunto set his, or 14, hand the day and year first above written.
LESSOR:
LUCILLE VA]
BRAZOS A. V.
BY:\ 'It&
Cosmo F
and ESTATE OF
LESSEE:
BRAZOS COUNTY JUVENILE SERVICES
DEPART NT
BY:
- e"'.-7D
Randy , County Judge
TITLE: County Judge-Brazos County
General Manager
ADDRESS: 219 rth Main St., 7"' Floor
Brv !Texas 77803
DATE:
T
ADDRESS: 300 East 26" St., Ste. #114
Bryan, Texas 77803
DATE:
4 VOLk) U
PAG q-L~
AL ACCEPTANCE
By si g herewith, Dr. Rany Cherian, M.D. agrees to renew Annual
Con)rac or JAIL AND DETENTION MEDICAL SERVICES, in
accor a with all terms and conditions previously agreed to and
accepte and with no increase in price.
I unders d this agreement will be for the period beginning October
111 2004 "irough September 30, 2005.
Dr. Ran herian, M.D.
J.'V C' 00)
COUNTY
Randy s, County Judge
.a~ kq . 96.
I?. -I L4.0114.
Date
ate
The State of Texas
Elections I
P.O. Box 1
Austin, Tv,
www.so:
#/3
Phone: 512-463-5650
Fax: 512475-2811
TTY: 7-1-1
(800) 252-VOTE (8683)
HELP AMERICA VOTE ACT GRANT AWARD AGREEMENT
Part A - G
eral 2
SECTIO
1. AUTHORITY
2
SECTIO
2. SOURCE
..2
SECTIO
3. APPLICABILITY
..2
SECTIO
4. ADOPTIONS BY REFERENCE
2
SECTIO
5. GRANT OFFICIALS
2
SECTIO
6. FUNDING PURPOSE AREAS
3
SECTIO
7. ELIGIBLE FUNDING BY PURPOSE AREA
4
SECTIO
8. VOTING SYSTEM DEADLINE
4
SECTIO
9. VOTING MACHINE STANDARDS
4
SECTIO
10. PAPER AND CENTRAL COUNT VOTING SYSTEMS
5
SECTIO
11. STATE VOTING SYSTEM CERTIFICATION
5
Part B - Pr i
Award Requirements 5
SECTIO
12. GRANT AWARD PROCESS 5
SECTIO
13. RESOLUTION FROM THE GOVERNING BODY 6
SECTIO
14. FORMS FOR APPLYING FOR GRANT FUNDING 6
SECTIO
15. CERTIFIED ASSURANCES 6
Part C - P
-Award Requirements 7
SECTIO
16. FINANCIAL MANAGEMENT STANDARDS 7
SECTIO
17. PAYMENT 8
SECTIO
18. ALLOWABLE COSTS 8
SECTIO14
19. PERIOD OF AVAILABILITY OF FUNDS (GRANT PERIOD) 9
SECTIO
20. PROGRAM INCOME 9
SECTIO
21. AUDIT 9
SECTIO
22. CHANGES
10
SECTIO
23. PROPERTY MANAGEMENT
10
SECTIO
24. COPYRIGHTS
10
SECTIO
25. PROCUREMENT
11
SECTIO
26. REPORTS
11
SECTIO
.27. RECORDS RETENTION
11
SECTIO
28. MONITORING
,
11
SECTIO
29. REMEDIES FOR NONCOMPLIANCE
11
Part D - A
' r-the-Grant Requirements
12
SECTIO
30. CLOSEOUT
12
SECTION 31. COLLECTION OF AMOUNTS DUE 12
voL~FacE g 7
HAVA - Title I, Section 101 and Title II, Section 251 Award Agreement - Page 1 of 12
Part'A
SECTIO 1. AUTHORITY
1.1. l7his agreement is made by BRAZOS COUNTY ("COUNTY") to the STATE OF TEXAS,
FFICE OF THE SECRETARY OF STATE ("SOS") and is authorized pursuant to Title 1,
ection 101 (CFDA No. 39.011) and Title II, Section 251 (CFDA No. TBA) of the Help America
ote Act (HAVA), Public Law 107-252, October 29, 2002; 42 U.S.C. 15301.
SECTIO i 2. SOURCE
2.1. a funding identified in this agreement is federal funding from (federal) fiscal year 2003
ppropriated funds with applicable state match coming from 2004/2005 (state) fiscal year
ppropriated funds:
2.1.1. Title I, Section 101-100% federal (see Section 6.1 of this agreement for purpose area).
2. Title II, Section 251- 95% federal / 5% state (see Sections 6.2 and 6.3 of this agreement
for purpose areas).
SECTIO 3. APPLICABILITY
3.1. The terms and conditions set forth in this agreement apply to and must be adhered to by the
OUNTY referenced in Section 1 of this agreement.
SECTIO ! 4. ADOPTIONS BY REFERENCE
4.1. lthough the SOS has attempted to highlight the most relevant rules and guidelines through this
greement, the COUNTY must abide by the applicable Office of Management and Budget (OMB)
irculars and the Uniform Administrative Uniform Grant Management Standards (UGMS)
dopted pursuant to the Uniform Grant and Contract Management Act of 1981, Chapter 783,
exas Government Code (see Texas Administrative Code Title 1, Part 1, Chapter 5, Subchapter
Division 4, §§5.141 - 5.167).
4.2. GMS incorporates the relevant OMB Circulars as outlined below:
4. Cost Principles for State and Local Governments and Other Affected Entities (Chapter II
of UGMS, which incorporates OMB Circular A-87).
4. State Uniform Administrative Requirements for Grants and Cooperative Agreements
(Chapter III of UGMS, which incorporates OMB Circular A-102 and "Common Rule",
Administrative Requirements, 53 FR 8087, March 11, 1988).
4. State of Texas Single Audit Circular (Chapter IV of UGMS, which incorporates OMB
Circular A-133).
4.3. Me OMB Circulars can be found at hllp://www.whitehouse.gov/omb/circulars/ and UGMS can
e accessed through the Governor's Office website at hgp://www.govemor.state.tx.us/.
CTIO 5. GRANT OFFICIALS
5.1. uthorized Official - The COUNTY judge must serve as the authorized official for the COUNTY
d must be designated as such in the resolution (see Section 13.1.4 of this agreement). The
t orized official has signing authority on behalf of the COUNTY and is responsible for
ring the necessary forms are submitted through the Texas HAVA online grant system (see
ection 14 of this agreement).
5.2. lection Official(s) - The COUNTY election official(s) include the executive officer(s) of the
ffices(s) responsible for conducting elections and maintaining the voter registration list in the
OUNTY (e.g., the elections administrator or the county clerk and/or voter registrar). The
lection official(s) of the COUNTY must be consulted and concur with all expenditures pursuant
o this agreement (see Section 13.1.1 of this agreement).
HAVA - Title I, Section 10`1 and Title II, Section 251 Award Agreement - Page 2 of 12
5.3
SECTION 6.
6.1.
6.2.
racial Officer - The COUNTY auditor or treasurer must serve as the financial officer for the
ity. The financial officer is responsible for establishing and maintaining financial records to
rately account for funds awarded to the COUNTY. These records shall include both federal
s and all matching funds of state and local organizations, when applicable. The financial
er is also responsible for requesting payments through the Texas HAVA online grant system
Section 17 of this agreement).
FUNDING PURPOSE AREAS
ounty Education Fund
6. 4'1. These funds are to be used for reimbursement of costs incurred as a result of attending
professional election training such as conferences and seminars.
6. Expenditures under this fund may be incurred by the offices(s) of the COUNTY election
official(s) as defined in Section 5 of this agreement. If the election duties are split
between more than one office (e.g., the county clerk and voter registrar), funding must be
made available and expended in consultation and agreement between the offices.
Accessible Voting System in Each Polling Place
6.3.
6.
6.
6.
These funds are to be used for reimbursement of costs incurred as a result of acquiring a
HAVA-compliant accessible voting system in each polling location.
This requirement may be met by having at least one accessible direct recording electronic
voting system ("DRE") or other system equipped for individuals with disabilities at each
polling place.
1 Title III Compliance
Upgrading voting systems to comply with new federal standards.
a) Funds may be used for reimbursement of costs incurred as a result of purchasing
equipment or software consistent with Section 9 of this agreement.
Acquiring an accessible voting system in each polling place.
a) Refer to Section 6.2 of this agreement.
Voter education - Funds may be used for reimbursement of costs incurred as a result of
educating voters on the following:
a) How to verify/review selections before casting the vote.
b) How to change or correct any error on the ballot before casting the vote.
c) How to avoid over-voting.
d) How individuals with disabilities, including non-visual accessibility for the blind and
visually impaired, can access the voting system in a manner that provides the same
opportunity for privacy and independence as other voters.
e) How the county's voting system provides alternative language accessibility pursuant
to the requirements of Section 203 of the Voting Rights Act of 1965.
f) What constitutes the uniform definition of the voting system(s) in use in the county.
g) How to vote a provisional ballot, including written information on how the voter can
ascertain whether his or her vote was counted, and if not counted, the reason given.
Voter education - Funds may be used for reimbursement of costs incurred as a result of
producing the following information to be posted at each polling place on the day of an
election:
a) A sample version of the ballot that will be used for that election.
VOL PAGE
HAVA - Title I Section 101 and Title I ection 251 Award
Agreement - Page 3 of 12
b) Information regarding the date of the election and the hours during which polling
places will be open.
c) Instructions on how to vote, including how to cast a vote and how to cast a
provisional ballot.
d) Instructions for mail-in registrants and first-time voters under section 303(6) of
HAVA.
e) General information on voting rights under applicable Federal and State laws,
including information on the right of an individual to cast a provisional ballot and
instructions on how to contact the appropriate officials if these rights are alleged to
have been violated.
f) General information on Federal and State laws regarding prohibitions on acts of fraud
and misrepresentation.
6.3. Election worker education - Funds may be used for reimbursement of costs incurred as a
result of educating election workers on the following:
a) How a voter verifies/reviews selections before casting the vote.
b) How a voter changes or corrects any error on the ballot before casting the vote.
c) How a voter avoids over-voting.
d) How individuals with disabilities, including non-visual accessibility for the blind and
visually impaired, can access the voting system in a manner that provides the same
opportunity for privacy and independence as other voters.
e) How the county's voting system provides alternative language accessibility pursuant
to the requirements of Section 203 of the Voting Rights Act of 1965.
f) What constitutes the uniform definition of the voting system(s) in use in the county.
g) Provisional voting procedures.
SECTION ELIGIBLE FUNDING BY PURPOSE AREA
7.1. ach allotment of funding outlined below will have its own budget and grant period and must be
ccounted for separately in the Texas HAVA online grant system, as well as the COUNTY
ccounting records:
7.1 County Education Fund - $9,000.00
7.1 Accessible Voting System in Each Polling Place - $327,000.00
7.1 General Title III Compliance - $158,984.08
SECTION VOTING SYSTEM DEADLINE
8.1. ffective January 1, 2006, precincts within the requesting county cannot use a punch card or lever
oting system for an election.
8.2. ffective January 1, 2006, each polling place within the requesting county must have a voting
ystem that will be accessible for individuals with disabilities, including non-visual accessibility
or the blind and visually impaired, in a manner that provides the same opportunity for privacy
d independence as other voters.
SECTIO VOTING MACHINE STANDARDS
9.1. e COUNTY ensures all voting systems comply with the following:
9.1 Permit voter to verify/review selections before casting the vote.
9.1 Allow voter to change or correct any error on the ballot before casting the vote.
9.1 Prevent or alert voter if he/she over-votes on the ballot.
VOL &a PAGE /06
HAVA - Title I, Sech-o-n-TO and Title II, Section 251 Award Agreement - Page 4 of 12
.3. Satisfactory completion of the forms described in Section 14 of this agreement.
13. RESOLUTION FROM THE GOVERNING BODY
13.1. The COUNTY shall submit with this agreement a resolution from its governing body which
includes, at a minimum, the following:
.1. Commissioners Court has agreed that the expenditure of the funds in
accordance with any agreement between County and the State of Texas,
Office of the Secretary of State pursuant to Title 1, Section 101 and Title II, Section 251
of the Help America Vote Act (HAVA), Public Law 107-252, October 29, 2002; 42
U.S.C. 15301 shall be, or, in the case of retroactive payments, was in consultation and
agreement with the county election official(s) and the county financial officer of
County.
.2. The County election official(s) include the following:
(The office of the officials must be listed out - e.g., the elections administrator, the county
clerk, the voter registrar, etc. The actual names of the officeholders do not need to be
listed.)
13 .3. Commissioners Court has agreed that in the event of loss, misuse, or
noncompliance pursuant to any grant award agreement with the Secretary of State,
Commissioners Court assures that the funds will be returned to the Office of
the Secretary of State in full.
13 .4. Commissioners Court has agreed that the county judge will serve as the
COUNTY authorized official. The authorized official is the signing authority on behalf of
the COUNTY.
13.2. a resolution must be signed by the COUNTY election official(s) and the. COUNTY financial
fficer as defined in Section 5 of this agreement.
SECTIO FORMS FOR APPLYING FOR GRANT FUNDING
14.1. e COUNTY must use forms prescribed by the SOS through the Texas HAVA online grant
14.1.1. The forms will require the COUNTY to provide the following information:
a) Basic county information.
b) Grant official confirmation.
c) Proposed activities per purpose area.
d) A budget for each purpose area.
14.2. I oe SOS reserves the right to require additional information as needed.
5. CERTIFIED ASSURANCES
15.1. Ily signing this agreement and as the duly authorized representative of the COUNTY, the county
dge certifies that the COUNTY:
15. 1. Complies with the required assurances listed in Chapter III (State Uniform Administrative
Requirements for Grants and Cooperative Agreements), Subpart B, Section 14 of the
Uniform Grant Management Standards.
15. 2. Will not construe the availability of these funds to authorize or require conduct prohibited
under any of the following laws, or to supersede, restrict, or limit the application of such
laws: the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.); the Voting Accessibility for
the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.); the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.); the National Voter Registration
V 0 L 6A P14 'UE
HAVA - Title I, Section 101 and Title H, Section 251 Award Agreement - Page 6 of 12
9
Produce a permanent paper record with a manual audit capacity.
9.1, . Be accessible for individuals with disabilities, including non-visual accessibility for the
blind and visually impaired, in a manner that provides the same opportunity for privacy
and independence as other voters. (This requirement may be met by having at least one
DRE or other system equipped for individuals with disabilities at each polling site.)
9.1 Provide alternative language accessibility pursuant to the requirements of Section 203 of
the Voting Rights Act of 1965.
9.1 . Ensure error rates (machine errors only) do not exceed the Federal Election Commission
or Election Assistance Commission standards.
9.1 Maintain consistency with the uniform definition of what constitutes a vote for each
voting system in use in the state.
9.1 Title 8 of the Texas Election Code.
SECTIOIJ 10. PAPER AND CENTRAL COUNT VOTING SYSTEMS
10.1. COUNTY that uses a paper ballot voting system or a central count voting system (including
it-in absentee ballots and mail-in ballots), may meet the requirements in Section 9 of this
greement by--
10.1.1. Establishing a voter education program specific to that voting system that notifies each
voter of the effect of casting multiple votes for an office; and
10.1.2. Providing the voter with instructions on how to correct the ballot before it is cast and
counted (including instructions on how to correct the error through the issuance of a
replacement ballot if the voter was otherwise unable to change the ballot or correct any
error).
10.2. is Section does not in any manner eliminate the requirement of Section 8.2 of this agreement,
hich requires that each polling place must have at least one accessible voting system effective
anuary 1, 2006.
10.3. e voting system shall ensure that any notification required under this Section preserves the
rivacy of the voter and the confidentiality of the ballot.
SECTIOTJ11. STATE VOTING SYSTEM CERTIFICATION
11.1. s a condition of funding and pursuant to Section 123.035 of the Election Code, any contract for
he acquisition of voting system equipment executed on or after September 1, 2003 must be in
sting and be approved by the SOS as to compliance of the voting system and voting system
quipment with the applicable requirements.
1 L .1. A copy of the relevant portions of the contract containing only the identifying information
that the SOS needs to determine whether the version of the system and equipment being
acquired under the contract complies with the applicable requirements must be submitted
to the SOS.
11.2. ursuant to Section 11.1 of this agreement, the COUNTY.may not request reimbursement unless
has received a letter from the state confirming that the voting system and voting system
quipment being acquired under the contract satisfies the applicable requirements for approval.
Part B - re-Award Requirements
SECTION 12. GRANT AWARD PROCESS
12.1. The grant award will be comprised of the following:
.1. This agreement signed by the county judge and the secretary of state.
The resolution described in a tion 13 of i a eement.
VOL.Q,PAGE&2
HAVA - Title I, Section 101 and Title II, Section 251 Award Agreement - Page 5 of 12
- 1"
Act of 1993 (42 U.S.C. 1973gg et seq.); the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.); and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
15,
.3. Will allow the SOS, the Comptroller General of the United States, the State Auditor's
Office, any successor agency, or duly authorized representative to audit or investigate the
expenditure of funds under this agreement. The COUNTY further agrees to cooperate
fully with the audit or investigation, including providing all records requested such as
papers, or documents related to the award; and will establish a proper accounting system
in accordance with generally accepted accounting standards or agency directives. The
COUNTY will ensure that this clause concerning the authority to audit or investigate state
funds received indirectly by subcontractors through the COUNTY, along with the
requirement to cooperate, is included in any subcontract it awards.
4. Will obtain the required financial and compliance audits in accordance with the Single
Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local
Governments, and Non-Profit Organizations".
15JI.5.
Will comply with federal retention requirements of maintaining records for at least three
years following the submission of the final expenditure report. If any litigation, claim,
negotiation, audit or other action involving the records has been started before the
expiration of the 3-year period, the records must be retained until completion of the action
and resolution of all issues which arise from it, or until the end of the regular 3-year
period, whichever is later.
15.1.6. Will comply with all applicable requirements of all other Federal laws, executive orders,
regulations, and policies governing this program - including the Uniform Grant
Management Standards published by the Texas Governor's Office of Budget and Planning
and applicable OMB Circulars.
Part C - f ost-Award Requirements
SECTIO , FINANCIAL MANAGEMENT STANDARDS
16.1. a financial management system of the COUNTY must meet the following standards:
16. 1. Financial reporting. Accurate, current, and complete disclosure of the financial results of
financially assisted activities must be made in accordance with the financial reporting
requirements of the grant award.
16. 2. Accounting records. The COUNTY must maintain records which adequately identify the
source and application of funds provided for financially-assisted activities. These records
must contain information pertaining to grant awards and authorizations, obligations, un-
obligated balances, assets, liabilities, outlays or expenditures, and income.
16. ! 3. Internal control. Effective control and accountability must be maintained for all grant
award cash, real and personal property, and other assets. The COUNTY must adequately
safeguard all such property and must assure that it is used solely for authorized purposes.
16. 4. Budget control. Actual expenditures or outlays must be compared with budgeted amounts
for each grant award. Financial information must be related to performance or
productivity data, including the development of unit cost information whenever
appropriate or specifically required in the grant award agreement. If unit cost data are
required, estimates based on available documentation will be accepted whenever possible.
16. ' 5. Allowable cost. Applicable OMB cost principles, agency program regulations, and the
terms of grant award agreement will be followed in determining the reasonableness,
allowability, and allocability of costs.
VOL_&aPAGE103
HAVA - Title I, Section 101 and Title II, Section 251 Award Agreement - Page 7 of 12
1 .6. Source documentation. Accounting records must be supported by such source
documentation as canceled checks, paid bills, payrolls, time and attendance records,
contract and grant award documents, etc.
16.2.
SECTIC
17.1.
SOS or its designee may review the adequacy of the financial management system of any
icant for financial assistance as part of a pre-award review or at any time subsequent to
17. PAYMENT
payments will be made on a cost reimbursement basis no more than once a month based on
zal expenditures.
The COUNTY may charge to the award only costs resulting from obligations during the
funding period.
A grantee must liquidate all obligations incurred under the award not later than 90 days
after the end of the funding period.
Payments shall be requested by the COUNTY financial officer via the Texas HAVA
online grant system.
arned program income for the period in which funds are being requested must be reported with
request.
1 .1.
1 .2.
1 3.
17.2.
~TIO 18. ALLOWABLE COSTS
18.1. Grant funds must be expended in accordance with Chapter H (Cost Principles for State and Local
overnments and Other Affected Entities) of UGMS.
18.2. Grant funds may only be used for activities approved through the grant award process.
18.3. The following are some of the unallowable costs outlined in Chapter II of UGMS (refer to UGMS
to review all unallowable costs):
18 .1. Membership dues for individuals (the membership must be for the governmental unit).
18 .2. Costs of promotional items including, but not limited to, hats, drink coolers, t-shirts, toys,
pens, pencils, jackets, frisbees, emery boards, fans, dominoes, windshield shades, change
purses, and other such novelties or items of nominal value.
18 .3. Costs of advertising and public relations designed solely to promote the governmental
unit.
18 .4. Costs of publicizing or directing attention to any individual official or employee of the
COUNTY.
18 .5. Costs associated with influencing the outcome of any election, or the passage or defeat of
any legislative measure.
18.4. "In addition to the unallowable costs outlined in Chapter II of UGMS, the following uses are not
ligible for funding:
183.1. Personnel costs.
18 .2. Indirect costs.
18.5. The following are guidelines that must be adhered to for travel reimbursements:
18 .1. The COUNTY will be held to the state lodging, mileage, and per diem rates or the
COUNTY rates, whichever is less.
181f.2. All reimbursements are limited to the actual cost of meals.
18 .3. Claims may not include: alcoholic beverages, tips, room service, or expenses for any
person other than the traveling employee.
VOL-bAPAGE L0&
HAVA - Title I, Section 101 and Title 11, Section 251 Award Agreement - Page 8 of 12
18. 4
18.6.
18. 1
18.
18.
18.7.
Claims may only be made for travel outside of the employee's headquartering city.
following are the applicable state rates for travel:
Lodging: Up to $80.00 per day.
Meals: Overnight Travel - up to $30.00 per day; Non-overnight Travel - $0.
3. Mileage: 35.0 cents per mile.
his agreement automatically adopts any legislative change to the rates at the time of the
gislative effective date.
18.8. he following receipts must be retained for audit purposes:
18. 1. Lodging - check-out document reflecting zero balance due.
18. 2. Parking fees incurred for personal vehicle or car rental.
18. 3. Taxi fares - date, destination, and amount.
18. '4. Gasoline purchased for rental car.
18. 5. Auto rental contract and receipt.
SECTIO 9. PERIOD OF AVAILABILITY OF FUNDS (GRANT PERIOD)
19.1. bligations incurred as a result of acquiring voting equipment, which meets the requirements of
ction 301 of HAVA and was acquired after the regularly-scheduled general election for federal
fice held in November of 2000, may be reimbursed as long as the expenditures are consistent
'th this agreement.
19.2. bligations means the amounts of orders placed, contracts, goods and services received, and
milar transactions during the grant period that require payment by the COUNTY.
19.3. yments may be requested for obligations incurred during the following time periods:
19.11. County Education Fund - June 1, 2004 thru August 31, 2006.
193Accessible Voting System in Each Polling Place - As described in Section 19.1 of this
agreement thru August 31, 2006.
19. General Title III Compliance:
a) Upgrading voting systems to comply with new federal standards - As described in
Section 19.1 of this agreement thru August 31, 2006.
b) Acquiring an accessible voting system in each polling place - As described in Section
19.1 of this agreement thru August 31, 2006.
c) Voter education - September 1, 2004 thm August 31, 2006.
d) Election worker education - September 1, 2004 thru August 31, 2006.
SECTION 0. PROGRAM INCOME
20.1. ogram income means gross income received by the COUNTY directly generated by a grant
pported activity, or earned only as a result of the grant agreement during the grant period.
"During the grant period" is the time between the effective date of the award and the ending date
the award reflected in the final reimbursement request.
20.2. ogram income earned during the grant period must be reported when requesting
imbursements as described in Section 17.2 of this agreement.
SECTION 1. AUDIT
21.1. uring the grant period, for each COUNTY fiscal year in which the COUNTY expends $500,000
more of combined federal funding, the COUNTY is responsible for obtaining an audit in
VOLAPAGE
HAVA - Title I, Section 101 and Title II, Section 251 Award Agreement - Page 9 of 12
21.2
;ordance with the Single Audit Act (Amendments of 1996 (31 U.S.C. 7501-7507) and revised
SIB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations".
y such audits shall be made by an independent auditor in accordance with generally accepted
vernment auditing standards covering financial audits.
after a fiscal year in which grant funds are expended, the COUNTY determines an audit is not
luired according to OMB Circular A-133, the COUNTY shall make such certification through
Texas HAVA online grant system. The COUNTY'S chief financial officer shall make the
tification within 60 days of the end of the COUNTY'S fiscal year.
22. CHANGES
22.1. J, following post-award changes in budgets and projects require prior written approval in the
m of a grant adjustment.
1. Cumulative transfers among direct cost categories which exceed ten percent of the current
award.
.2. Transfer of funds allotted for training allowances to other expense categories.
.3. Any needs for additional funding or extension of grant period.
.4. Any revision of the scope or objectives of the project.
22.2. 11 grant adjustment requests must be submitted prior to the end of the grant period.
22.3. The SOS reserves the right to make changes to the grant award at any time. The County will be
notified in writing or through the Texas HAVA online grant system of all changes prior to the
change taking effect.
SECTION 23. PROPERTY MANAGEMENT
23.1. rocedures for managing equipment (including replacement equipment), whether acquired in
hole or in part with grant funds, until disposition takes place will, at a minimum, meet the
following requirements:
.1. Property records must be maintained that include a description of the property, a serial
number or other identification number, the source of property, who holds title, the
acquisition date, and cost of the property, percentage of the SOS participation in the cost
of the property, the location, use and condition of the property, and any ultimate
disposition data including the date of disposal and sale price of the property.
.2. A physical inventory of the property must be taken and the results reconciled with the
property records at least once every two years.
.3. A control system must be developed to ensure adequate safeguards to prevent loss,
damage, or theft of the property. Any loss, damage, or theft shall be investigated. Certain
types of equipment are classified as "controlled assets". The Comptroller's State Property
Accounting User Manual, available on the Internet, contains the most current listing.
.4. Adequate maintenance procedures must be developed to keep the property in good
condition.
.5. If the COUNTY is authorized to sell the property, proper sales procedures must be
established to ensure the highest possible return.
24. COPYRIGHTS
24.1. The SOS reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use, for federal or state government purposes:
1. The copyright in any work developed pursuant to this grant award; and
VOL_k~_PAGEA 6
HAVA - Title I, Section 101 and Title II, Section 251 Award Agreement - Page 10 of 12
2 4.11
.2. Any rights of copyright to which the COUNTY purchases ownership with this grant
award.
SECTIO 25. PROCUREMENT
25.1. The COUNTY shall use their own procurement procedures and regulations, provided that the
procurement conforms to applicable laws and the standards identified in Chapter III (State
Uniform Administrative Requirements for Grants and Cooperative Agreements), Subpart C,
Section 36 of the Uniform Grant Management Standards.
SECTIO 26. REPORTS
26.1. Grantees must submit required financial expenditure reports and performance reports.
26.1.1. Payment request must be based on actual expenditures (see Section 17 of this agreement);
therefore, reimbursement requests will serve as financial reports.
2 2. Additional reports shall be submitted via the Texas HAVA online grant system.
2 .3. Instructions and due dates will be prescribed via the website.
26, .4. SOS may place a financial hold on a grantee's funds for delinquent reports.
SECTIO 27. RECORDS RETENTION
27.1. The COUNTY must maintain records for at least three years following the submission of the final
expenditure report.
27.2. if any litigation, claim, negotiation, audit or other action involving the records has been started
before the expiration of the 3-year period, the records must be retained until completion of the
action and resolution of all issues which arise from it, or until the end of the regular 3-year period,
whichever is later.
SECTIO 28. MONITORING
28.1. onitoring reviews include programmatic monitoring, financial monitoring, and financial
28.2. I The SOS reserves the right to conduct its own audit or contract with another entity to audit the
28.3. e SOS or its designee may conduct monitoring reviews throughout the existence of a grant or
onduct an audit after the grant period has ended. The COUNTY must make all grant-related
records available to the SOS or its representatives unless the information is sealed by law.
28.4. onitoring reviews may be on-site or desk reviews and may include any information that the SOS
eems relevant to the project.
28.5. e SOS, or its designee, may make unannounced visits at any time.
SECTION 29. REMEDIES FOR NONCOMPLIANCE
29.1. f a COUNTY fails to comply with any term or condition of this agreement or any applicable
tatutes, rules, regulations, or guidelines, SOS may take one or more of the following actions:
29 .1. Require the returnof funds if disbursements have already been made.
.2. Temporarily withhold all payment to the COUNTY pending correction of the deficiency
by the COUNTY.
.3. Temporarily withhold all payments for other HAVA grant funds awarded to the COUNTY
pending correction of the deficiency by the COUNTY.
.4. Disallow all or part of the cost of the activity or action that is not in compliance.
29 .5. Impose administrative sanctions, other than fines, on the COUNTY.
VOL Vic? PAGE
HAVA - Title I, Section 101 and Title II, Section 251 Award Agreement - Page 11 of 12
1.6. Withhold further HAVA grants funds from the COUNTY.
1.7. Terminate the agreement in whole or in part.
1.8. Exercise other remedies that may be legally available.
Part D f After-the-Grant Requirements
30. CLOSEOUT
30.1. The SOS will closeout the award when it determines that all applicable administrative actions and
all required work of the grant have been completed. The SOS will provide any necessary
additional information on closeouts.
30.2. The closeout of a grant does not affect:
3 .1. The SOS's right to disallow costs and recover funds on the basis of a later audit or other
review;
3(1:2.2. The COUNTY'S obligation to return any funds due as a result of later refunds,
corrections, or other transactions;
3 .3. Records retention as required in Section 27 of this agreement;
3 .4. Property management requirements outlined in Section 23 of this agreement; and
3 5. Audit requirements prescribed in Section 21 of this agreement.
~TIO 31. COLLECTION OF AMOUNTS DUE
31.1. Any funds paid to the COUNTY in excess of the amount to which the COUNTY is finally
determined to be entitled under the terms of the award constitute a debt to the SOS. If not paid
within 30 days after demand, the federal or state agency may reduce the debt by:
3111. 1. Making an administrative offset against other requests for reimbursements;
3 ~ .2. Withholding payments otherwise due to the COUNTY; or
3 .3. Other action permitted by law.
31.2. Except where otherwise provided by statutes or regulations, the federal government may charge
interest on an overdue debt in accordance with the Federal Claims Collection Standards (4 CFR
Ch. 11). The date from which interest is computed is not extended by litigation or the filing of any
form of appeal.
IN WITNggS WHEREOF, the SOS and the COUNTY have executed this agreement.
9/14/2004
(Authorized Signature) Date
Geoffrey S. Connor
(Printed Name)
of the Secretary of State
'S
~rnntea Name)
Brazos County
VOL i~a PAGE f a e
HAVA -Title I, Section 101 and Title II, Section 251 Award Agreement- Page 12 of 12
BRAZOS COUNTY
BRYAN. TEXAS
BRAZOSCOUNTY
RESOLUTION
BRAZOS COUNTY Commissioners Court has agreed that the expenditure of the funds in accordance
with any agreement between Brazos County (COUNTY) and the State of Texas Office of the Secretary of
State pursuant to Title I, Section 101 and Title II, Section 251 of the Help America Vote Act (HAVA),
Public Law 107-252, October 29, 2002; 42 U.S.C. 15301 shall be, or, in the case of retroactive payments,
was in consultation and agreement with the county election official(s) and the county financial office of
Brazos County.
The Brazos County election official(s) include the following:
Karen McQueen, Brazos County Clerk
Gerald L. "Buddy" Winn, Brazos County Tax Assessor-Collector
BRAZOS COUNTY Commissioners Court has agreed that in the event of loss, misuse, or
noncompliance of the Secretary of State funds, Brazos County Commissioners Court assures that the
funds will be returned to the Office of the Secretary of State in full.
BRAZOS COUNTY Commissioners Court has agreed that the County Judge will serve as the COUNTY
authorized official. The authorized official is the signing authority on behalf of the COUNTY.
PASSED, APPROVED AND ADOPTED this day of September, 2004.
dy Sims
County Judge
Z
Commissioner Eric Ca well
Precinct I
Commissioi : Kenny M Hard
Precinct 3
Karen McQueen
County Clerk
ATTE T:
Karen McQueen, County Clerk VOL PAGE
Commissioner Duane Peters
Precinct 2
Comm' sioner Carey Ca ey
Precinct 4
Gerald L. "Buddy" inn
Tax Assessor-Collector
Katie Conner
County Financial Officer
Re..Wti- #04-016
q0V4116
Confidential - Execution Document
Retired License Rights Form
This Form modif the Master License Agreement, ("MLA"), all versions, between Brazos County ("Brazos County") and
Novell, Inc. ("No II"). This form is effective on the date it is signed by an authorized Novell Representative (which shall
follow Customer' 'signature).
Definitions: Antl0pitalized terms that are not defined in this Form shall have the meaning set forth in the MLA.
Amendments. Ue MLA is modified as follows:
1. Retired ense Ri hts. Customer has informed Novell that it no longer uses the products specified in the
table bel and subsequently does not wish to continue paying Upgrade Protection/Maintenance. Upon
executio i of this Form, Customer hereby certifies that the Software detailed below has been removed from
its netw and their use is discontinued. Customer agrees to retire, in perpetuity, the license rights of
Softwar the quantities and products specified below.
Quantity Product
3 NOVELL NTERPRISE BRANCH OFFICE 2.0 1-
SERVER MAINTENANCE
2. <<UP/N
pay Up
Protecti
retired t
retired
Protecti
granted
3. Future
obligati(
equivak
4. Effective
shall fol'
IN WITNESS W
SIGNATURES
Brazo
Signatu
Name:.
Title:
Date:
for Retired Licenses. From the Effective Date of this Form, Customer will no longer be liable to
de Protection/Maintenance associated with the above licenses. Subsequently, any Upgrade
Maintenance services and benefits are withdrawn on Software where license rights have been
Hugh this Form. Any prepaid Upgrade Protection/Maintenance will not be refunded or credited on
Anse rights, nor does this Form relieve Customer from responsibility for any back Upgrade
Maintenance or license fees owing prior to this Form. The level of MLA Technical Services
'ough Maintenance will not diminish for the duration of the current Annual Period.
wth. In the event Customer experiences future growth in its user count and/or the need and legal
to increase the number of licenses owned, it may 'reactivate' retired licenses by paying a penalty
to a new license fee at then-current prices (Novell list price less MLA discount).
ate. This Form is effective on the date it is signed by an authorized Novell representative (which
Customer's signature).
REOF, each party hereto has caused this Form to be executed by a duly authorized representative.
Novell, Inc.:
Signature:
Name:
Title:
Date:
Upon execution of t Form, please send it by fax and then mail the original(s) to Novell at:
Novell, Inc., Attn: C tomer Compliance, 1800 South Novell Place, Mailstop PRV-D-222, Provo, UT 84606. Fax 801-861-2564
September 23, 2004 1 - <<CLIENT & NAME-
Void if modified «CONTRACTTYPEACRONYM» Retired License Rights
VJL (0~ PAGE NO
SHI
overnment Solutions
Pricing Proposal
Quotation 866185
Quote Valid Until: 4/24/2004
Bra
s County
SHI-Government Solutions
Account Exec
Ani
Lee
Sandra Pisula
202
.27th Street, Ste 102
1250 Capital of Texas Hwy
Bry
, TX 77803
South,
Pho
: 409-361-4408
Suite 1-350
Fax
Austin, TX 78746
Phone: 800-870-6079
Fax: 512-732-0232
All
ices are in US Dollar (USD)
Your
Pr
uct
Qty Price Total
1 N :
WARE 6.5 1-USER MAINTENANCE -ANNUAL
625 20.83 13,018.75
TENANCE REQUIRED WITH LICENSE. CURRENT
TENANCE PERIOD ENDS AUG. 31 ST; RENEWAL
M
TENANCE DUE EACH SEPT. 1 ST.
bl
fg Part#: MNT-005654-001
Z
works 6.5 Desktop Management 1-User Maintenance
625 8.85 5531.25
g Part: MNT-005846-001
3 A
OUNT MANAGEMENT 3 FOR UNIX 1-USER MAINTENANCE 50 2.60 130.00
-
UAL MAINTENANCE REQUIRED WITH LICENSE.
C
NT MAINT. PERIOD ENDS AUG. 31; RENEWAL DUE
EA
C H SEPT. 1 ST.
g Part#: MNT-005 3 3 4-001
4 N
ELL EDIRECTORY 8.7 1-USER MAINTENANCE -ANNUAL 500 0.26 130.00
M) k
TENANCE REQUIRED WITH LICENSE. CURRENT
MAINT.
PE
OD ENDS AUG. 31; RENEWAL DUE EACH SEPT. 1ST.
g Part#: MNT-005507-001
5 S
PORT RESOURCE LIBRARY - ACTIVATION KIT: SINGLE 1 374.06 374.06
g Part#:00662644444499
V0L_k~_PAGE_
Remit To: Peak Technologies, Inc.
Page 1
P.O. Box 8500 (S 95;5)
Ka Philadelphia, PA 19178-4955
PEAK iteh,ctagi„ QUOTE SUMMARY
MCORE,
customer Number
21079100
Quote Number
_ _
6EO9220015
J
R evision Policy Number
PO NUtTlher
Coverage 1
TANDARD
Covrrage2
Cov era ge3
I _Period.Of Coverage
- -
Inv$y.Site _ $oOs~Amt
no
Initial Fee
$ 0.00
Cancel Fee_
$ 0.
_ Cancel Noilce Qt. Valid T
T $ 0
00
1 2004 Of,
i
o i Price Ca Price Lock
_
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.
1(.YU1/04
N 0 00
uote
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vorced Every
Quote TotoI
NEW
_
.
Prepaid I 12 Mths
$ 1,583.34
Bill To: ATTN: PATTYSIFUNTEZ
BRAZOS DEPT OF INFORMATION TECH
202 E 27TH ST STE 102
BRYAN, TX 77803
Site Name
- -
City State Items
Mo_nthIlTotal
Ell Total
-
210791JO BRAZOS CO DEPT OF
BRYAN TX 3
121.89
1,462.68
Quote Subtotat
121.89
1,462.68
Quote Adjustment .
0.00
0.00
Quote Total Before Tax:
121.89
1,462.68
Total Site Taxes-
` 10.05
120.66
Quote Adjustment Tax:
0.00
0.00
Quote Total Aftef;Tax:
131.94
1,583.34
Revised Or Newly Entered Items
Site: 210791 J o
-Line No. _ Part. No.
Period Of Coverage
Version Qty
Month Price
xt.Pt-i gS
'000000000000 ZVCFP4500
_
11'0120n.1-0°1dUi2or)T~ 1
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56
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.
*000000000000 ZVCFP4500
10/01/2004-09/30/2005 1
40.63
487
56
SN# BBA57999
PRINTEK FP4500 PRINTER H/W
.
Site Summary:
Site Subtotal:
121.89
1,462.68
BRAZOS CO DEPT OF INFORMATIO
Price Adjustments:
0.00
0.00
SUITE 102
202 E 27TH ST STE 102
Site Total Before Tax:
121.89
1,462.68
BRYAN, TX 77803
1 acknowledge that the Peak Tec ologies Inc. se ice terms and conditions agreed to and made a part of the initial
contract period contin gov this ewal quote and I hereby agree to be bound by the same.
CUSTOMER: DATE:
REPRESENTATIVE: DATE:
For Billing Inquiries, please call 1-800-950-6372.
We Accept Visa, Mastercard, and American Express.
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MEMO
TO: Pat Howard, Purchasing Agent
FR Brazos County Commissioners Court
RE:I' Exemption From Competitive Bidding Requirements
Plea be advised that on this 28th day of September. 2004, at a ReLular Session of
the mmissioners' Court on which the following members were present:
ly Sims, County Judge
Caldwell, Commissioner, Pr inct 1
ie Peters, Commissioner, Precinct 2
iy Mallard, Commissioner, Precinct 3
y Cauley, Jr., Commissioner, Precinct
The ommissioners' Court has determined that there is a need to exempt the
vend (s) listed below from the competitive bidding requirement for fiscal year
2004 005 as follows:
COMPANY:
PRO CT/SERVICE:
STA TE:
ALLIANCE TRANSPORTATION GROUP
PROFESSIONAL SERVICES - DATA COLLECTION/FORECAST STUDY
262.024(a)(4)
VOL (D~PAGE I~
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BRAZOS COUNTY
Randy Sims
County Judge
300 East 26'" I
Bryan, TX 7
Phone: (979)
Fax: (979) 36
E-mail: dlock I
V. Suite 114
-4102
BRYAN,TEXAS
24 September 2004
TO
Katie Conner
FROM: Randy Sims, County Judge
RE: WAIVER
Please be a ised that on this Q~{ day of Se tembe 2004, at a Regular Session of the Commissioner's Court at
which the lowing members were present
R y Sims County Judge
Er Caldwell Commissioner, Precinct 1
D e Peters \_kc Commissioner, Precinct 2
K y Mallard 1-.L ommissioner, Precinct 3
C y Cauley, Jr. Commissioner, Precinct 4
As provide in the Local Government Code, Sec on 113.901(c), t e ommissioners Court hereby waives the requirement of
the County Ijidge's signature on requisitions and payment authorizations that have previously been exempted from competitive
bids for the llowing services:
1. Indigent health care services, as authorized by the Brazos Valley Council of Governments, with contracted
vendors [LGC 262.024 (a)(2)].
2. Counseling and assessments of juvenile detainees, as authorized by the Brazos County Juvenile Services
Department, with contracted vendors [LGC 262.024(a)(4)].
3. Professional services as authorized by Brazos County Court at Law Number One, Brazos County Court at
Law Number Two, 85d' District Court, 272Nd District Court, and 36151 District Court in a properly authorized
Court order, to include court-appointed attorneys and interpreters. [LGC 262.024(a)(4)].
4. Contract placement of juvenile detainees, as authorized by the Brazos County Juvenile Services Department,
with contracted vendors.
5. Electric power, natural gas, water or other utility services.
6. Child Protection Services expenditures.
VOL_&~PAGE 1d)
PR UCT/SERVICE:
ST
UTE:
COMPANY:
PR UCT/SERVICE:
ST UTE:
ASSOCIATES FOR APPLIED PSYCHOLOGY /
BRIAN STAGNER, Ph.D.
PROFESSIONAL SERVICES
262.024(a)(4)
BRAZOS ABUSE INTERVENTION PROGRAM /
VERNON VAN ROOM, LPC
PROFESSIONAL SERVICES
262.024(a)(4)
CO
PANY:
BROOKS LAND SURVEY CO.
PR
UCT/SERVICE:
PROFESSIONAL SERVICES - SURVEYING
STA
TUTE:
262.024(a)(4)
CO
PANY:
BRUCHEZ, GOSS, MERNOFF, THORNTON & HAWTHORNE
PR
UCT/SERVICE:
PROFESSIONAL SERVICES - LEGAL
ST
UTE:
262.024(a)(4)
CO PANY: BRYAN FREIGHTLINER
PR UCT/SERVICE: CAPTIVE REPLACEMENT PARTS - FREIGHTLINER
ST UTE: 262.024(a)(7)(D)
COMPANY: BRYAN TEXAS UTILITIES
PR UCT/SERVICE: UTILITIES SERVICES - ELECTRICITY, GAS & WATER
ST UTE: 262.024(a)(7)(C)
~ lea /d 8
CO i PANY: BUCHANAN SOIL MECHANICS
PR UCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING
ST UTE: 262.024(a)(4)
CO PANY: CARLOMAGNO SURVEYING, INC.
PR UCT/SERVICE: PROFESSIONAL SERVICES - CONSULTING AND SURVEY
ST UTE: 262.024(a)(4)
CO ANY: CITY OF BRYAN
PR UCT/SERVICE: EMERGENCY CALLS
STA UTE: 262.024(a)(2)
CO ANY: CITY OF COLLEGE STATION
PR UCT/SERVICE: EMERGENCY CALLS
STA UTE: 262.024(a)(2)
CO ANY: DEPARTMENT OF EDUCATION PSYCHOLOGY /
DAVE LAWSON Ph.D.
PRO UCT/SERVICE: PROFESSIONAL SERVICES
STA TE. 262.024(a)(4)
CO ANY: DEPARTMENT OF PSYCHOLOGY / DOUG SNYDER, Ph.D.
PRO UCT/SERVICE: PROFESSIONAL SERVICES
STA TE: 262.024(a)(4)
a7t
CO PANY: DR. MAHESH DAVE '
PR UCT/SERVICE: PROFESSIONAL SERVICES
ST UTE: 262.024(a)(4)
CO P =SERVICE:
UCT/SERVICE:
ST
DR. RANEY CHERIAN
PROFESSIONAL SERVICES - MEDICAL
262.024(a)(4)
COI V. ?ANY: FAMILY PSYCHOLOGICAL SERVICE
PR UCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING
ST UTE: 262.024(a)(4)
CO PANY: GARRETT ENGINEERING
PR UCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING & SURVEY
ST UTE: 262.024(a)(4)
CO PANY: GOODWIN-LASITER, INC.
PR UCT/SERVICE: PROFESSIONAL SERVICES - SURVEYING
ST UTE: 262.024(a)(4)
COP ~ PANY: GULF COAST TRADES CENTER
PR UCT/SERVICE: JUVENILE PLACEMENT SERVICES
ST UTE: 262.024(a)(4)
s
CO PANY: HALT CONTROL - RESPONSIBILITY / ROY LUEPNITZ, Ph.D.
PR UCT/SERVICE: PROFESSIONAL SERVICES
ST UTE: 262.024(a)(4)
CO PANY: PAT HICKS, LCDC
PR UCT/SERVICE: PROFESSIONAL SERVICES
ST UTE: 262.024(a)(4)
CO iPANY: HUNTON TRANE SERVICES
PR UCT/SERVICE: CAPTIVE REPLACEMENT PARTS
ST UTE: 262.024(a)( )(D)
CO PANY: IDENTIX CORPORATION
PR UCT/SERVICE: CAPTIVE REPLACEMENT PARTS
ST UTE: 262.024(a)( )(D)
CO PANY: IDEXX LABORATORIES
PR UCT/SERVICE: CAPTIVE REPLACEMENT PARTS
ST UTE: 262.024(a)( )(D)
CO PANY: IKON/TEXAS COPY
PR UCT/SERVICE: CAPTIVE REPLACEMENT PARTS
ST UTE: 262.024(a)( )(D)
voLkFacr /3~
COMPANY: INDIGENT HEALTH CARE PROGRAM
PR UCT/SERVICE: PUBLIC HEALTH AND SAFETY
ST UTE: 262.024(a)(2)
CO PANY: J.P. BOWLIN
PR UCT/SERVICE: SOLE SOURCE/PROFESSIONAL SERVICES
ST UTE: 262.024(a)(7)(A)
CO PANY: JOHN HAMILTON
PR UCT/SERVICE: PROFESSIONAL SERVICES - APPRAISALS
ST UTE: 262.024(a)(4)
COMPANY: JUNCTION FIVE-O-FIVE
PR UCT/SERVICE: PROFESSIONAL SERVICES - MOWING
ST UTE: 262.024(a)(4)
CO PANY: K.W. BROWN & ASSOCIATES
PR UCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING
ST UTE: 262.024(a)(4)
CO PANY: KENNEDY-HOLTKAMP, INC.
PR UCT/SERVICE: PROFESSIONAL SERVICES - APPRAISALS
ST UTE: 262.024(a)(4)
' 61, ~ "L
CO PANY:
PR UCT/SERVICE:
STATUTE:
LIFE SIGN LLP
PATENT - ACCUSIGN DRUG SCREENING
262.024(a)(7)(A)
CO PANY: LUTHERAN SOCIAL SERVICES
PR UCT/SERVICE: JUVENILE PLACEMENT SERVICES
ST UTE: 262.024(a)(4)
CO PANY: MUNICIPAL DEVELOPMENT GROUP
PR UCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING
ST UTE: 262.024(a)(4)
CO PANY: PATTERSON ARCHITECTS
PR UCT/SERVICE: PROFESSIONAL SERVICES - ARCHITECT
ST UTE: 262.024(a)(4)
CO ANY: ALEX QUIROS, LPC
PR UCT/SERVICE: PROFESSIONAL SERVICES
STA UTE: 262.024(a)(4)
CO ANY: RAYBON METCALF ENGINEERING
PR UCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING
STA TE: 262.024(a)(4)
VOL ~Pa PAGE
CO ANY: RILEY ENGINEERING
PR UCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING & SURVEYING
STA UTE: 262.024(a)(4)
CO ANY: RIMSTAR INTERNATIONAL
PRO UCT/SERVICE: PATENT - ACCUSIGN DRUG SCREENING
STA E: 262.024(a)(7)(D)
CO ANY: ANNA SATTERFIELD, Ph.D.
PRO UCT/SERVICE: PROFESSIONAL SERVICES
STA TE: 262.024(a)(4)
CO ANY: ' S. T. LOVETT & ASSOCIATES
PRO UCT/SERVICE: PROFESSIONAL SERVICES - APPRAISALS
STA TE: 262.024(a)(4)
CO ANY: SCOTT & WHITE CLINICS
PRO UCT/SERVICE: PROFESSIONAL SERVICES - MEDICAL
STA TE: 262.024(a)(4)
CO ANY: SMITH, PORTIA
PRO UCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING
STA TE: 262.024(a)(4)
VO L PA GE-j 3~
CO ANY: STILL CREEK RANCH
PR UCT/SERVICE: JUVENILE PLACEMENT SERVICES
STA UTE: 262.024(a)(4)
COMPANY: STRONG SURVEY
PR UCT/SERVICE: PROFESSIONAL SERVICES - SURVEYING
STA UTE: 262.024(a)(4)
CO ANY: TEXAS COMMERICAL WASTE
PRO UCT/SERVICE: PUBLIC HEALTH & SAFETY-WASTE REMOVAL
STA TE: 262.024(a)(2)
CON: ANY: TEXAS AVENUE MEDICAL CLINIC
PRO UCT/SERVICE: PROFESSIONAL SERVICES
STA TE: 262.024(a)(4)
CO ANY: TEXAS VOTING SYSTEMS
PRO UCT/SERVICE: PROFESSIONAL SERVICES - ELECTION SERVICES
STA TE: -262.024(a)(4)
CO ANY: THE COUNSELING CENTER/MS. TAMMERA BROWN, LPC.
PRO CT/SERVICE: PROFESSIONAL SERVICES
STA TE: 262.024(a)(4)
VOL~-kPAGE ~v'~
CO ANY: THOMAS, TRACY
PR UCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING
STA UTE: 262.024(a)(4)
CO ANY: TIBURON, INC.
PR UCT/SERVICE: PUBLIC SAFETY - 911 SOFTWARE
STA kUTE: 262.024(a)(1)
CO ANY: TXU GAS/ONCOR (LONE STAR GAS)
PR UCT/SERVICE: UTILITIES
STA UTE: 262.024(a)(7)(C)
CO ANY: VERIZON
PRO UCT/SERVICE: UTILITY SERVICES
STA TE: 262.024(a)(7)(C)
CO ANY: WASTE SYSTEMS EQUIPMENT, INC.
PRO UCT/SERVICE: CAPTIVE REPLACEMENT PARTS
STA TE: 262.024(a)(7)(D)
CO ANY: WINSTEAD, SECHREST AND MINICK P.C.
PRO UCT/SERVICE: PROFESSIONAL SERVICES - LEGAL
STA TE: 262.024(a)(4)
~l VOL ~a PAGE ~a~
BID TABILATION 2004-038 JANITORIAL SUPPLIES
DESCRIPTION
QTY
RAY CRISYWELL
CENTRAL POLY
UNISOURCE
TOILET TISSUE
Brand New.
375 cases
Geergie Pacific
G.P. Preference 19100
nerrVRodud Number
191
4129638
Steels per rot
500
500 21*
500
Sheet Size
4.5x4.5'
4.5' x 4.5'
4.5x4
5'
Rats per box
96 rolsitax
96
.
96
Poundsof paper per
48
48
$45.40
Price per box
$3295 $ 12,35625
NB
SM70 $ 12626.50
PAPERTOWELS
9.12' X 9.12'-TAN
250 cases
Brand Name:
Georgia Pack
G.P.ErMslon 233-04
hemProdud Narbw
233-04
5160153
Shoots per pedrage
4000
250
250
PadMes per box
16
16
Pounds Of paw per
23
23
23.2
Price Der box
$13.75 $ 3437:60
NB
S 13.05 $ 3262.50
PAPER TOWELS
9.12'X9.12'-WHITE
50 cases
Brand Name:
Goo* Pacific
G.P. Acdw 202-04
nerNRodud Narbw
20204
5160128
Sheets per roll
250
250
260
Padragesperbox
moftispe-
16
16
Pounds of Paper per
23
23
rn A
KITCHEN ROLLS
25 Ceres
Brand Name:
Geagie Pack
G.P. Preference 273$5
RWVProdO Narber
27385
5160201
Sheets per rol
90
85
85
Rols per cue
30 Mkk se
30
30
ounds of paper per
21
10
,a li
SHOPTOWELS
Brand Name:
60 cases
Georgia Peak
G.P Vakx;c!x oe 291-12
henVProdxA Number
29112 Airldd
6360056
Woes per padop
5012.5' x 13'
50
Pa mgeaper bar
16
16
Pounds of paper per
20
12
11.8
Price Der box
$26.75 $ 1605:00
NB
$23.90 $ 1134.00
TOTAL PRICE
1.1.4.1
$1 63125
NB
$1453125
TRASH LINERS
12'xt2'x8' liners / Brazos Center
Brand Nave:
Heritage
Certial Pdy
Tyco
ItwrVkodrd *
H3417 R8
CP12128
HCP242406N
U hers per bmc
1000
500 ks
1000
Puce per boot
$6.60
$15.10
$10.20
Totab 1,500
$
9.9011M
$
650.00
$
1 300.00
22x1696r I hers I Jai
(1.5M)
(1.5 rri)
(1.5 M)
Brand Nare:
Herfiage
Central Poly
Tyco
Rmproduct
H7658SG
CP58
PG63858X38
Liners per box
100
looks
looks
Price per box
$15.50
$15.20
$14.65
Total, 144 bares
5
2,232.00
$
188.80:
$
7109.60
23x10'1Gi9'finery aazosCato
(1.5M)
(1.5M)
(1.5 MI)
Brand Nana:
Heritage
Central Pty
Tyco
herNProdud i
H6639EW
CP39
PG63339XMB
Liners per bmc
150
1500c3
100
Price per box
$9.50
$15.60
$8.85
Total: 150bmaas
$
1425.00
S
340.00
5
1,327.50
15ki0W 1ners JM
01111)
(1 M)
(1 M)
Brand New
Hnrbpe
Central Pty
Tyco
RwrvProdud N:
H6639HB
CP231039
PG6339XB
Liners per bmc
250
15oks
250
Price per box
$12.95
$11.90
$14.71
Total: 144 bares
$
1864.80
1.713.60
$
118.24
rr15 A"I' MainJJal
(0.56 nil)
(0.55 M)
(0.55 mil)
Braid New
Heritage
Car" Pdy
BengProdxt *
H4832R8
(732
Liners per baoc
500
10001cs
Price per bar
$9.95
$21.00
Total: 100 boxes
$
995:00
$
100.00
NB
39' x 56' Mobl Sted sw Meirtenaxe
(13 microns)
(13 rniorons)
(13 Morons)
Brand Name:
HaBage
Central Pdy
Tyco
Berrokodltt
ZBD48HNROI
CP4048
HR404812N
Uners per bmc
250
looks
250
Price per box
$16.95
$10.20
$13.50
Total: 60 Lases
$
1,017.00
$
612:00
$
810.00
39x56' Maki SteeNSalr I Brazos Cb.
(1.7 ml)
(1.7M)
(1
7M)
Brand Nana:
Heritage
Central Pdy
.
Tyco
Renv mdxt *
H7856WS
CP59
LSS3956X4S
Uners per box
50
60ks
50
Price per box
$13.75
$10.10
$13.05
Total: 50 cases
$
687.50
$
506.00
i
783.00
Delivery Tma
1
14 - 21 days
1
M W F11-2
Total Price 5.1-5.7
S18 121:30
109.40
M8
.341 ow no bid
Tohl Pr1te
754.55
1
140 979.581 trN 110 bid
AWARD BID TO.
To FJWMN oa cab of Mom
RAY CRMMLL ear 2ea4
VOL o PAGE
# 25
AGREEMENT
BRAZOS
(District)
AGREEMENT is entered into this 2"d day of September 2004 A.D., by and between
, Texas (County) and the Brazos County Emergency Communications District
to the authority of the Texas Interlocal Government Cooperation Act, Article
4413(32c), M.T.C.S.
pursuant to Texas Emergency Telephone Number Act, Section 722.301 et seq.,
Texas HeaO and Safety Code, the District has been formed and is a political subdivision of the State
of Texas;
Brazos County is also a political subdivision of the State of Texas authorized to
enter into i#rlocal cooperative governmental agreements; and,
, the Brazos County Commissioners in public meeting find that it is mutually
beneficial f j~ the County and the District to enter into an agreement for the District to perform for the
County, En#gency Communications Services Dispatching;
NO THEREFORE; IN CONSIDERATION of the mutual promises to each other made
hereinafter, e undersigned parties agree as follows:
ve October 1, 2004, the District is hereby appointed the emergency communications
dispatching Wthority for the Brazos County Sheriffs Office, Volunteer Fire Departments and
Constables f'4r the period October 1, 2004, through and including September 30, 2005.
1
VOL W-PAGE I3~
ict shall be responsible for providing a functioning computer aided dispatch system to
the County] The County will provide the District access to the County's Law Enforcement Computer
System to *ilitate Law Enforcement Officers requests for warrant information.
The Co*ty agrees to pay and the District agrees to accept as compensation for the services
provided a at fee of three hundred fifty five thousand two hundred fifty four and
payable in twelve monthly installments. The County shall pay the
full amounj Oue within ten days of invoice from the District. All payments shall be subject to the
Texas Proniot Payment Act. Should there arise any dispute, disputed amounts shall be deposited in a
mutually aged upon escrow account until a resolution.
At * time shall the County's portion of the District's reserve fund exceed a three (3) month
operating r Joerve. The District shall report this reserve balance each year as a part of the budget
approval
employees shall not be considered as County employees.
TheJgounty and the District understand and agree to be subject to all the laws, ordinances and
regulations J~hich govern and affect Emergency Communications Dispatching and National Crime
network telecommunications as promulgated by the State of Texas or the United
States Gov*~ment or any of its appropriate Agencies, such as the Texas Department of Public Safety
or the Fede441 Bureau of Investigation.
Thil bgreement is made in accordance with the Texas Emergency Telephone Number Act,
Section 772[01 et seq., Texas Health and Safety Code.
the parties to this agreement agrees to hold the other harmless for any and all claims of
whatsoever Nature or kind, which may arise as a result of that party's fulfillment of this agreement.
hereby empowers and authorizes its Chief Administrative Officer to be signatory
agents for a required documentation to implement the intent of this Agreement.
2
_ _ _ ~ voi&~_pasE /39
Thi 11 agreement contains all of the commitments and covenants of the parties and any oral or
written pro ises not contained herein shall have no force or effect to alter any term or condition of this
agreement.
Thi agreement may only be modified or amended in writing by the mutual consent of the
parties wit said modification being attached to and incorporated into this agreement by this reference
for all nurn es.
SIGNED t -Ae day of _ - , 2004 A.D.
COMMUNICATIONS DISTRICT
BY:
Rona G. Mayworm
Chai an, Board of M16 ;a/r,,
ATT T:
I
BY:
Gret Norton
Reco ing Secretary
BRA. CO TY, TEXAS
BY:
COUR,
Judge
ATT
T:
are
McQueen
Coun
Clerk
3
VOL ~Q~j PAGED