Loading...
HomeMy WebLinkAbout2005-08-30-9:00AM-REGULARFILED BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA MS AUG 2b P 2: 24 e't.1 h; S, COUNTY CLERK ZS CC=•ij (tY, GRYAN, TEXAS BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 30 AUGUST 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Peters 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 23: 3. Budget Amendment 04/05-42.1 thru 04/05-42.3 4. Personnel Change of Status. 5. Payment of Claims. 6. Joint Resolution with the cities of Bryan and College Station endorsing the selection of the Bryan-College Station Community as the location for the future George W. Bush Presidential Library (Resolution #05-005). 7. Proclamation 05-008 designating 26 September 2005 as Family Day. 8. Amendment One to the Cooperative Agreement between Brazos County and the Office of the Attorney General extending the period for State Case Registry through 31 August 2006, and updating the agreement to reflect changes in reporting procedures and the technical infrastructure between the counties and the Office of the Attorney General. 9. Texas State Automated Victim Notification Service Annual Maintenance Grant Contract. Term of agreement is from the date of final approval and execution by the Office of the Attorney General through 31 August 2006. Office of the County Judge • 300 East 2dh St. • Sufte 114 • Bryan, Texas 77803 • Fax: (979) 361 4503 F Commissioners Court Agenda 30 August 2005 Page 2 10. Approval of re-documentation of Cash Management with CITIBank. 11. Amendment to the LexisNexis subscription plan number 113CBZ under the Master Agreement for Computer Assisted Legal Research pursuant to RFO #212-0-130 for an additional year. Term of agreement is 1 September 2005 through 31 August 2006. 12. Request for reimbursement of $85.00 bail bond settlement costs to Sonny Ellen Bail Bonds with funds paid to Brazos County by attorney for the defendant in Cause No. 04- 04665-CRM-CCL2. 13. Approval of out of state travel for Eric Zimmerman, County Extension Agent, to travel to Greensboro, North Carolina to attend the Producer Managed Marketing of Livestock Products Professional Development Training. Dates of travel are 12-15 September 2005. 14. Approval of payment authorization to Pamela Grossman, an expert witness for the District Attorney's office. 15. Approval of payment authorization to Central Texas Polygraph Services for polygraphs administered for the District Attorney's Office. 16. Permission to advertise Bid 92005-049 Landscape Services. 17. Permission to advertise Bid #2005-050 Janitorial Services. 18. Declaration of surplus property as "salvage" that was advertised for sale in accordance with Local Government Code §263.152 and received no bids, and authorization for either destruction or other disposal. 19. Award of annual contract for Elevator Maintenance to Kone Elevator Service. Term of agreement is 1 October 2005 through 30 September 2006, with an option for renewal. 20. Request from The 7711 Corporation to construct a road bore for a gas pipeline in the right of way of Hudspeth Road at its intersection with FM 2776. 21. Rescind action of the Commissioners Court of 23 August 2005 on request from United Telephone Company to construct a road bore and 5,935 feet of buried cable installations in the right of way of Koppe Bridge Road. Location was incorrect. 22. Request from United Telephone Company to construct a road bore and 5,935 feet of buried cable installations in the right of way of Peach Creek Road. Site is located in Precinct 1. 23. Brazos County Treasurer's Report for the Month of July 2005. 24. Announcement of interest items and possible future agenda topics. 25. Call for citizen input and/or concerns. vo3.-7f PAGE taa Commissioners Court Agenda 30 August 2005 Page 3 26. Agency / Board / Committee reports by Court members. 27. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. COMMISSIONERS' COURT REGULAR MEETING AUGUST 30, 2005 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, August 30, 2005 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #04/05-42.1 through 42.3 that would reallocat< and Justice of the Peace, Precinct Contingency to Community Support. Cauley, seconded by Commissioner unanimously to approve the budget copy of which is attached. funds for District Clerk 4; and transfer funds from On motion by Commissioner Peters, the Court voted amendment as submitted. A Vol -7/ Page 1--2t Commissioners Court meeting August 30, 2005 2 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7010340 through 7010572 On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to adopt Resolution #05- 005 supporting the selection of the Bryan-College Station community as the location of the future George W. Bush Presidential Library. The County Judge read aloud Proclamation #05-008 designating September 26, 2005 as "Family Day". The National Center on Addiction and Substance Abuse (CASA) created Family Day in 2001 in a national effort to promote family dinners as an effective way to reduce substance abuse and to encourage regular family activities as a way to improve parent child communications. The Court joins with CASA to urge all citizens Vol Page i as Commissioners Court meeting August 30, 2005 3 to recognize and participate in its observance. On motion by the Commissioner Cauley, seconded by Commissioner Peters, the Court moved to proclaim September 26, 2005 as "Family Day" throughout Brazos County. The next matter before the Court was consideration of Amendment One to the Cooperative Agreement No. 04-CO181 between Brazos County and the Office of the Attorney General extending the period for State Case Registry through August 31, 2006 and updating the agreement to reflect changes in reporting procedures and the technical infrastructure between the county and the Office of the Attorney General. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve Amendment One and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of the Texas State Automated Victim Notification Service Annual Maintenance Grant Contract. The Texas VINE provides an invaluable safety net for crime victims and an important communication tool for criminal justice professionals. The term of the contract is from the date of final approval until August 31, 2006. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously Vol -7/ Page ) aIP Commissioners Court meeting August 30, 2005 4 to approve the contract and authorized the County Judge to execute the document. A copy is attached. The court next considered re-documentation of Cash Management with CITIBank. This is necessitated because of the sale of First American Bank, the current depository, to CITIBank. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the re-documentation that becomes effective September 25, 2005. The next matter before the Court was consideration of an amendment to the LexisNexis subscription plan number 113CBZ under the Master Agreement for Computer Assisted Legal Research pursuant to RFO #212-0-130 for an additional year. The monthly rate will increase from $300 to $320 per month. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the amendment. A copy is attached. The Court next considered a request for reimbursement of $85.00 to Sonny Ellen Bail Bonds. This is necessitated due to the bond being forfeited because the defendant failed to appear for a court date. The bondsman, Sonny Ellen, paid the fee associated with the bond forfeiture as did the attorney for the defendant pay the fee associated with the bond Vol `71 Page J a7 Commissioners Court meeting August 30, 2005 5 forfeiture. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to reimburse Sonny Ellen Bail Bonds the $85.00. The next matter for consideration by the Court was a request submitted by the Texas Cooperative Extension Office seeking approval for out of state travel for Ag Agent Eric Zimmerman to travel to Greensboro, North Carolina to attend the Producers Managed Marketing of Livestock Products Professional Development Training September 12 through the 15, 2005. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Texas Cooperative Extension Office and approved payment of out of state travel expense for Mr. Eric Zimmerman. The Court next considered approval of a payment authorization issued by the District Attorney's Office to Pamela B. Grossman, Ph.D, who was an expert witness in an aggravated assault case. Due to the difficulty surrounding the case, a purchase order was never issued. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. The Court next considered approval of a payment authorization issued by the District Attorney's Office to Vol Page a$ Commissioners Court meeting August 30, 2005 6 Central Texas Polygraph Services-Stuart W. Ervin, who was an expert witness in an intoxication assault case. Due to a communication error, a purchase order was never issued. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2005-049, Landscape Services. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for landscape services. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2005-050, Janitorial Supplies. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for janitorial supplies. The Court next considered the declaration of surplus property as salvage. This property was advertised for sale in accordance with Local Government Code §263.152 and received no bids. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to declare Vol -1 Page 1,97 Commissioners Court meeting August 30, 2005 7 the property as salvage and authorized its destruction or other disposal. A list of the property is attached. The next matter before the Court was the awarding of the annual elevator maintenance contract. The Buyer for the Purchasing Department recommended awarding the contract to Kone Elevator Service. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to award the contract to Kone Elevator Service. A copy of the bid tabulation is attached. The Court next considered the request from The 7711 Corporation to construct a road bore for a gas pile line in the right-of-way of Hudspeth Road at its intersection with FM 2776. Company check #019058 in the amount of $500.00 is included with the request. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. Commissioner Peters moved to approve the request from The 7711 Corporation and authorized the installation. Commissioner Cauley seconded the motion. Commissioners Wassermann, Peters, Mallard and Cauley voted "Aye". The County Judge abstained. A copy of the request is attached hereto. The next matter before the Court was to rescind the action of the Commissioners Court meeting on August 23, 2005 Vol -7/ Page /30 Commissioners Court meeting August 30, 2005 g concerning agenda item #29 in which the wrong road name was used. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to rescind the action of the Commissioners Court meeting on August 23, 2005 concerning agenda item #29. The Court next considered the request from United Telephone Company of Texas to construct a road bore and 5,5935 feet of buried cable installations in the right-of-way of Peach Creek Road. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from United Telephone Company of Texas and authorized the installation. A copy of the request is attached hereto. On motion by the Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for July 2005. A copy, of which, is attached to and made a part of these minutes. Under announcement of interest items and possible future agenda topics the following spoke: Vol -7/ Page 131 Commissioners Court meeting August 30, 2005 County Judge a) Announced that the Public Hearing on the Budget has been moved to County Court at Law # 1 and will be held at 10:00 a.m. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) He met with the Intergovernmental Committee and discussed one location for the EEOC. They are looking at several locations so that we can consolidate and work together. A sub- committee was formed to look into this. 9 There being no further business to come before the Court, the meeting was adjourned. Vol 7 ( Page 13a The foregoing minutes of the Commissioners Court meeting held August 30, 2005 have been examined and are approved in open Brazos County, Texas. Court this the day of N~1VPn {ae/ 2005, in Bryan, G~lBI/LQ zzz:~)- Ra7ndy S' s Lloy Wassermann Count Judge Commissioner, Precinct 1 Duane Peters Kenny Mall Commissioner, Precinct 2 Commissioner, Precinct 3 arey C uley, Jr. Commis Toner, Pr inct 4 Atte t:/ C /LCG aren McQueen County Clerk Vol 7 ( Page /5-3 113 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200, /-AT Name OrpAnization/Department Ltd GL(i~'1 I C I T. u U ,OL?/ pA~L 134 P~ )0 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON T ~ c .a V 200,.!i-AT Oo o~ "7( if a 13S BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200 5AT ' y C , ~l r,'.G` 1310 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-42.1 thru 04/05-42.3 On this the 30th day of August 2005 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct I E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 30 August 2005 the Court heard and approved a budget amendment for the 2004-2005 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 25 August 2004 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 30`h day of August 2005. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes ?l I37 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 42.1 8/30/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 20000100 61010000 CR Advertising - Legal Notices 250.00 0100 20000100 61060000 CR Bonds 120.00 0100 20000100 61110000 CR Conference & Seminar 225.00 0100 20000100 61460000 CR Pagers 47.00 0100 20000100 65450000 CR Office E ui ment Maintenance 100.00 0100 20000100 67342000 CR Furniture 13.00 0100 20000100 71701000 CR Solid Waste 45.00 0100 20000100 67281000 DR Equipment - Electronic 700.00 0100 20000100 60600000 DR Office Supplies 100.00 District Clerk - Admin: To reallocate funds to allow for the urchase of a photo IDs stem and films. c~ 1,3 8 f J r1+, u t BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 42.2 8/30/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 6,500.00 0100 11002000 73180000 DR BVCOG 6,500.00 Community Su ort To move moneys to a the invoice from BVCOG for the purchase of congregate and home delivered meals for the Brazos Count Senior Nutrition Program as approve d b the Commissioners' Court on 8/23/2005 a ends #19). '2/ BL 137 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 42.3 8/30/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 24401100 61680000 CR Training 3.90 0100 24401100 65450000 CR Office Equipment Maintenance 49.28 0100 24401100 61110000 CR Conference & Seminar 50.00 0100 24401100 61801000 CR Travel 207.83 0100 24401100 60600000 DR Office Supplies 311.01 Justice of Peace, Pct. 4: To reallocate funds to allow for the urchase of office supplies. '71 P, oi PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 30, 2005 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney Jadlowski, Christopher New Hire District Clerk Eckstrom, Bethany New Hire Chavarria, Andria Promotion Webster, Evelyn Promotion Approved in Commissioners' Court: August 3( County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 7~ 1 41 Amendment One Cooperative Agreement Between The Office Of The Attorney General Of The State Of Texas and Brazos County, Texas i/ F Contract No. 04-CO181 STATE OF TEXAS COUNTY OF TRAVIS 1. PURPOSE The Office of the Attorney General of Texas ("OAG") and Brazos County Texas, ("County") do hereby agree to amend their original Agreement, as executed initially effective September 1, 2003 in order to: extend the contract period for State Case Registry through August 31, 2006 ; conform the Contract to reflect that after TXCSES STRADUS integration OAG will no longer utilize ICD 021 and all updates to OAG Systems (unless agreed to otherwise by the OAG Contract Manager) must be by direct data entry; to change the time period for providing new order information; and to clarify the entry of State Case Registry data elements. 2. AMENDMENT TO EXTEND THE CONTRACT PERIOD FOR STATE CASE REGISTRY Effective on the date of the later signature hereto, Section 2 of the Contract is amended to change the date of termination to August 31, 2006. 3. AMENDMENT TO CONFORM THE CONTRACT TO REFLECT THAT AFTER TXCSES STRADUS INTEGRATION OAG WILL NO LONGER UTILIZE ICD 021 AND ALL UPDATES TO OAG SYSTEMS (UNLESS AGREED TO OTHERWISE BY THE OAG CONTRACT MANAGER) MUST BE BY DIRECT DATA ENTRY 3.1. Effective on the date that data related to Registry Only Cases in the Texas State Disbursement Unit vendor's database is received and accepted by the OAG so that TXCSES may then process the Registry Only Cases (currently projected to be February 6, 2006) Sections 4.1.1.3.2 and 5.1.1.3.2 are deleted. Extension Amendment 05/13/05 Page 1 of 3 PAGE ~ 3.2. Effective on the date that data related to Registry Only Cases in the Texas State Disbursement Unit vendor's database is received and accepted by the OAG so that TXCSES may then process the Registry Only Cases (currently projected to be February 6, 2006) Section 4.1.1.5 of the Contract is revised to read as follows (additions are in italics; deletions are in strikethrough): Whether the County retains Should tire eotnity not desire to tetain their legacy case management system or if data synchronization with the OAG Systems is not feasible the County shall enter all case/member information directly onto the designated OAG System, unless agreed to otherwise in writing by the OAG Contract manager. 3.3. Effective on the date that data related to Registry Only Cases in the Texas State Disbursement Unit vendor's database is received and accepted by the OAG so that TXCSES may then process the Registry Only Cases (currently projected to be February 6, 2006) Section 5.1.1.5 of the Contract is revised to read as follows (additions are in italics; deletions are in strikethrough): Whether the County retains Should tire eounty not desire to tetaill their legacy case management system or if data synchronization with the OAG Systems is not feasible the County shall enter all case/member information directly onto the designated OAG System, unless agreed to otherwise in writing by the OAG Contract Manager. 3.4. Effective on the date of the later signature hereto, Section 4.2.2.1 is revised to read as follows (deletions are in strikethrough): OAG shall monitor County STRABUS Local Customer Service activities (direct data entry or electronic file) and summarize for monthly reimbursement amounts. 3.5. Effective on the date of the later signature hereto, Section 4.2.3.1, Second Sentence is amended by replacing the acronym "STRADUS" with the words "OAG Systems". 3.6. Effective on the date that data related to Registry Only Cases in the Texas State Disbursement Unit vendor's database is received and accepted by the OAG so that TXCSES may then process the Registry Only Cases (currently projected to be February 6, 2006) Section 5.2.8 of the Contract is revised to read as follows (additions are in italics; deletions are in strikethrough): County shall provide new and updated order information via electronic filein ief)021 format fiorn the county automated system or peffmin-the by data entry directly onto OAG Systems, unless agreed to otherwise in writing by the OAG Contract Manager. 3.7. Effective on the date that data related to Registry Only Cases in the Texas State Disbursement Unit vendor's database is received and accepted by the OAG so that TXCSES may then process the Registry Only Cases (currently projected to be February 6, 2006) Section 5.2.9 is deleted. Extension Amendment 05/13/05 Page 2 of 3 ri "71 PAGE ~ ~3 4. AMENDMENT TO CHANGE THE TIME PERIOD FOR PROVIDING NEW ORDER INFORMATION Effective on the date of the later signature hereto Section 5.2.6 of the Contract is amended to read as follows (additions are in italics; deletions are in strikethrough): County shall provide new order information within either five (5) working days of the judge signing the order or five (5) working days of the date that the County is notified by the Texas State Disbursement Unit ("SDU") that a payment has been received at the SDU; whichever is earlier. five (5) vqoiking days of completion of the heating. 5. AMENDMENT TO CLARIFY THE ENTRY OF STATE CASE REGISTRY DATA ELEMENTS Effective on the date of the later signature hereto the preamble of Section 5.2.3 is amended to read as follows (additions are in italics): County must provide, if available, the following data elements: 6. ORIGINAL AGREEMENT By the signing of this amendment, the parties hereto understand and agree that this amendment is hereby made a part of the Agreement identified in Section 1 of this amendment as though the amendment were set forth word-for-word therein. Office of the Attorney General Alicia G. Key Director of Child Support Date: Brazos County The Honora e Randy Sims County J ge, Brazos County Date: Extension Amendment 05/13/05 Page 3 of 3 830/ z,.x~s ` 0 i 7/ P'.tt ' E. / T ~ ~I OFFICE of the ATTORNEY GENERAL GREG ABBOTT Texas Statewide Automated Victim Notification Service ANNUAL MAINTENANCE GRANT CONTRACT Brazos County r7l s MAINTENANCE CONTRACT THIS GRANT CONTRACT, including all Exhibits and Schedules attached hereto and incorporated herein by reference (the Agreement) is made and entered into by and between Brazos County hereinafter referred to as 'COUNTY' and the Office of the Attorney General of Texas (OAG). COUNTY and the OAG may be referred to in this Agreement individually as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the covenants, agreements and conditions herein contained, the Parties agree as follows: PURPOSE; CONSTRUCTION OF AGREEMENT 1.1 Purpose. The purpose of this Agreement is to reimburse COUNTY for certain cost incurred in the participation in a statewide crime victim notification service. To ensure a standard statewide service to all interested counties, including COUNTY, the OAG will reimburse COUNTY for services delivered to COUNTY by the vendor certified by the OAG to provide such standard statewide services. The certification and the certification process is documented in that certain document dated November 22, 2002, as subsequently renewed, entitled: Vendor Certification for the Statewide Automated Victim Notification Service (SA VNS). This document is hereinafter referred to as the 'Certification' is expressly incorporated herein by reference. The vendor certified to provide the services is Appriss, Inc., a Kentucky corporation authorized to do business in Texas (hereinafter 'Certified Vendor'). This Agreement documents the requirements, conditions, obligations, limitations, and other terms for the COUNTY to be eligible for cost reimbursement by the OAG. 1.2 Construction of Agreement. The provisions of this Section 1 are intended to be a general introduction to this Agreement, and to the extent the terms and conditions of this Agreement do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be interpreted and construed consistent with the objectives, expectations and purposes stated in this Section 1. All Exhibits and Schedules attached hereto are hereby incorporated by reference herein in their entirety for all purposes. 2. COUNTY OBLIGATIONS 2.1 Services Contract. COUNTY will execute or amend, as appropriate, a services contract with the Certified Vendor to provide services consistent with the Certification document. The COUNTY services contract will include terms and conditions that are VOL 7/ PAGE IV(* intended to provide the COUNTY such rights and remedies as are necessary to ensure the delivery of the services in accordance with the Scope of Services section herein. For the convenience of COUNTY, a template services contract may be made available to COUNTY. The OAG is not acting as an attorney for the COUNTY, therefore the COUNTY is advised to have attorneys of its choice to review and modify the template services contract to protect the interest of the COUNTY and to assure that the services will be delivered according the Certification document. 2.2 Maintenance. COUNTY agrees to maintain the services in a manner consistent with the Scope of Services and the COUNTY Maintenance Plan. 2.3 Maintenance Plan. COUNTY will prepare and maintain a maintenance plan that at a minimum is designed to: 1. make available offender information that is timely, accurate and relevant to support the victim notification services; 2. verify the Certified Vendor's performance according to the COUNTY services contract; 3. satisfactorily discharge such COUNTY obligations as described in the COUNTY services contract. 4. identify and commit of staff resources and equipment necessary to maintain the Services as further described herein; 2.4 Monitoring of Services; Statewide Stakeholders. COUNTY will inspect, monitor and verify the performances required of the Certified Vendor. COUNTY will reasonably cooperate with and participate in Statewide Stakeholders meetings and efforts to monitor and improve the services on a statewide basis. COUNTY may reasonably agree to designate third-parties to assist COUNTY and the other Statewide Stakeholders, in the overall monitoring, inspection and verification of the Certified Vendor's performances. 3. SCOPE OF SERVICES 3.1 Statewide Deliverables. The services are described by two sets of documents: (1) the Statewide Deliverables, and (2) the COUNTY Deliverables. The Statewide Deliverables describe the services and structure of the victim notification system on a statewide basis. The Statewide Deliverables may be modified from time to time by the OAG upon the recommendation of the Statewide Stakeholders Committee. The Statewide Deliverables include: 2 VOL ll PAGE 147 S-01 Service Specification S-02 Questionnaire Template S-03 Statewide Implementation Plan S-04 Stakeholder Communication Plan S-05 Call Center Infrastructure S-06 County Implementation Plan Template S-07 Web Sites(s) S-08 Statewide Promotions Package S-09 Internal Test Guide S-10 Statewide Implementation Status Reports S-11 Service Level Standards S-12 Service Performance Reports V-01 Vendor Certification The Statewide Deliverables are incorporated herein by reference. 3.2 COUNTY Deliverables. The COUNTY deliverables reflect the Statewide Deliverables, as customized to meet the specific needs of COUNTY (COUNTY Deliverables). COUNTY deliverables include: C-02 County Implementation Plan C-03 County Infrastructure C-04 Application Interface C-05 Customer Verification Plan C-06 County Support Document C-07 County Promotions Package C-08 Production Notice C-09 County Web Access County will implement these deliverables through the COUNTY services contract. After these deliverables are completed and approved by COUNTY, these COUNTY Deliverable are incorporated herein by reference. 3.3 Service Levels. Certain standards and levels of performance to be provided by the Certified Vendor to COUNTY are described in the Statewide Deliverable S-11 Service Level Standards and the COUNTY services contract. Other standards and levels of performance are described in the other Statewide and COUNTY Deliverables. COUNTY will inspect, monitor and verify the performances required of the Certified Vendor. In addition to the requirements in the COUNTY services contract to inspect, monitor and verify the performances required of the Certified Vendor, the COUNTY will: 1. Notify the OAG in writing when the Appriss system has been put online for jails and courts. 2. Each month , inspect, monitor and verify the performances required within 3 Section 4 of the Appriss Service Agreement and Sections 2 and 3 of the OAG Grant Contract. 3. Register for, verify, record and file at least eight information and notification events each month. At least three of those events must be notifications and all must include court information if available. 4. Verify that the County input data (the jail and court data elements used by the Appriss system) is entered accurately and in a timely basis. The standard to define whether the data is timely and accurate should be determined by the County Auditor or the person in the COUNTY who assumes these independent responsibilities if other than the Auditor. 5. Establish a County VINE log for the purpose of recording all problems noted with the system; to whom the problem was referred, and when the problem was resolved. 6. Provide periodic written reports (forms provided by OAG) describing COUNTY monitoring, findings, usage, problems and observations as requested by the OAG. 7. Identify an available twenty-four hour phone number for the certified vendor to access in order to review outage alarms that occur in Travis County 8. Allow on-site monitoring visits to be conducted by OAG staff or it's authorized representative. The County Judge may delegate the responsibility for assuring these activities are completed to the County Auditor or the person in the COUNTY who assumes these independent responsibilities if other than the Auditor. All correspondence, reports or notices must be submitted to: Dr. Gary Walker, Ph.D. Program Manager, Texas VINE Office of the Attorney General Post Office Box 12548 Mail Code 004 Austin, Texas 78711-2548 3.4 XML Extract. To the extent permitted by law, COUNTY agrees to provide the OAG with a copy of data transmitted by COUNTY to the Certified Vendor. COUNTY authorizes the Certified Vendor to directly provide such data to the OAG. The Parties agree that this data may be used to monitor COUNTY performance and the Certified Vendor's performance. This data may be used for such other purposes allowed by law. The data will be provided in such electronic format (including but not limited to an XML 4 extract) as requested by the OAG. 3.5 COUNTY Scope of Services Obligations. For the purpose of this Agreement, the requirements, duties and obligations contained in the Statewide Deliverables, COUNTY Deliverables, Service Levels and other requirements of this Section 3 are collectively referred to as the 'Scope of Work'. As a condition of reimbursement, County agrees to faithfully, timely and in a good and workman like manner implement and maintain the services in compliance with the Scope of Work. 4. REIMBURSEMENT 4.1 Maximum Liability of the OAG. The parties stipulate and agree that the total liability of the OAG to COUNTY in consideration of full, satisfactory and timely performance of all its duties, responsibilities, obligations, for reimbursement of all expenses, if any, as set forth in this Agreement, and all liability arising out of any act or omission shall not exceed TWENTY-TWO THOUSAND SIX HUNDRED FORTY-FIVE AND NO/100 ($22,645.00) DOLLARS. The parties stipulate and agree that any act, action or representation by either parry, their agents or employee that purport to increase the liability of the OAG is void, without first executing a written amendment to this Agreement and specifically amending this section. The parties acknowledge and agree that nothing in this Agreement will be interpreted to create an obligation or liability in excess of the funds currently stated in this Agreement. The parties acknowledge, stipulate and agree that funding for this Agreement is subject to the actual receipt and availability of grant funds appropriated to the Office of the Attorney General and such funds are sufficient to satisfy all of OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this Agreement or arising out of any performance pursuant to this Agreement. The parties further understand, acknowledge, stipulate and agree that the grant funds, if any, received from the Office of the Attorney General are limited by the term of each state biennium and by specific appropriation authority to the Office of the Attorney General for the subject matter of this Agreement. 4.2 Grant Contract Not Entitlement or Right. COUNTY understands and agrees that: (1) reimbursement from grant funds is not an entitlement or right; and (2) it may not be reimbursed for costs incurred during the grant term or expenses paid during or subsequent to the grant term unless the COUNTY strictly complies with all terms, conditions, and provisions of this Agreement. COUNTY understands and agrees that it will not be reimbursed for the cost of vendor services provided or delivered before the commencement date of this contract. 4.3 Reimbursable Cost; Generally. Upon evidence of satisfactory compliance with the terms and conditions of this Agreement, the OAG will reimburse COUNTY, subject to the limitations in Section 4.1, for such actual, reasonable and necessary amounts 5 V U~L T PhGE I 5 o expended in the performance of this Agreement. Only those costs allowable under applicable UGMS cost principles are eligible for reimbursement under this contract. The COUNTY acknowledges that it is a sub-recipient of state pass-through funds from the Crime Victims Compensation Fund. Therefore, the following cost principles, audit requirements, and administrative requirements shall apply: Cost Principles Administrative Requirements Audit Requirements OMB A-87 as modified by OMB A-102 as modified OMB A-133 as modified UGMS by UGMS by UGMS Uniform Grant Uniform Grant Texas State Single Audit Management Standards Management Standards Circular (UGMS) pursuant to (UGMS) pursuant to Government Code Government Code Chapter 783 Chapter 783 Copies of these documents referenced above will be provided to the COUNTY by OAG upon request and these documents are incorporated by reference as a part of this Agreement. Before incurring any out-of-state travel expenses, the COUNTY must obtain prior written authorization for that travel from the OAG. To be eligible for reimbursement under this contract, a cost must have been incurred or obligated by the COUNTY within the applicable contract period prior to claiming reimbursement from the OAG. Costs incurred by the last day of the applicable contract term must be liquidated no later than 30 calendar days after the end of the applicable contract period. If the COUNTY expends $500,000 or more in state financial assistance during its fiscal year, it shall arrange for a single audit of that fiscal year. The audit must be conducted by an independent CPA and must be in accordance with the applicable government auditing standards, the Texas State Single Audit Circular and the UGMS published by the Govemor's Office of Budget and Planning. For the purposes of this contract, the audit provisions of OMB Circular A-133 shall apply to county contracting entities. If the COUNTY is expending less than $500,000 in total state financial assistance during its fiscal year, it shall arrange for an annual independent financial audit in accordance with generally accepted government auditing standards of that fiscal year. For purposes of this Article, the COUNTY shall comply with the applicable OMB Circulars with the following modifications: All references to "Federal Grantor Agency(ies)" shall be expanded to read "Federal or State Grant Agency(ies)." All 6 vim. '7/ rll ^~r M/ references to "Federal Grant Funds" or "Federal Assistance" shall be expanded to read "Federal and State Assistance;" "Federal Law" shall be expanded to read "Federal or State Law;" and all references to "Federal Government" shall be expanded to read "Federal or State Government," as applicable. In procuring any audit services required by this contract and/or by law, the COUNTY shall comply with applicable procurement statutes, as well as any requirements found in UGMS regarding such procurement. The COUNTY shall submit to the OAG two (2) bound copies of any and all applicable audit reports, management letters, and management responses. Such reports, letters, and responses must be submitted on or before whichever of the following dates occurs first: a. thirty (30) days after the issuance of the audit report; b. within nine (9) months after the end of the audited fiscal year for those COUNTY whose fiscal year begins on or after October 1. The COUNTY shall provide physical access, without prior notice, and shall direct any contractor and subcontractor to likewise grant access to all program delivery sites to representatives of the State of Texas and or the OAG. 4.4 Reimbursement; COUNTY Service Contract. Upon evidence of satisfactory compliance with the terms and conditions of this Agreement, the OAG will reimburse COUNTY such actual, reasonable and necessary amounts expended, subject to the limitations in Section 4. 1, for the COUNTY Service Contract within (30) calendar days from the date of the invoice from COUNTY for reimbursement of costs. 4.5 Advance Funding to COUNTY. In lieu of the reimbursement processes addressed above, the OAG may provide limited, advance funding to COUNTY, if the COUNTY justifies in writing that advance funding is required for implementation. The OAG may provide advance funding to COUNTY in an amount equal to the annual maintenance cost no sooner than thirty (30) calendar days prior to the annual maintenance cost becoming due and payable under the COUNTY Service Contract The COUNTY must submit an invoice to the OAG specifically requesting an advance funding, the amount of the payment and the invoice must state the date annual maintenance cost is due and payable. The COUNTY should submit an invoice to the OAG no sooner than forty-five (45) days and no later than thirty (30) days before the COUNTY needs to receive the funding. 7 PP, C.c /Sa 5. Invoice for Reimbursable Cost 5.1 Form of Invoice. The form of any invoice for reimbursement of expenses submitted under this section must comply with such invoicing requirements and such detail and supporting documentation that the OAG may from time to time require. The OAG is under no obligation to reimburse COUNTY if supporting documentation is not provided on a timely basis. Each invoice presented must include the OAG's contract number. The invoice must identify COUNTY's Texas Vendor Identification Number (VIN), a description of the expense, and a notation that the requested reimbursement in regards to the Crime Victim Services Division, Victim Notification Services Grants. The invoices must be submitted to: Attn.: Grants/Contracts Financial Management Office of the Attorney General Crime Victim Services Division, Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 5.2 Timing of Invoice. The COUNTY shall submit its claims for reimbursement to the OAG within twenty (20) calendar days following the end of the month that a reimbursable expenditure was incurred. The COUNTY may submit a make-up claim as a final close-out invoice not later than the earlier of (1) forty-five (45) calendar days after termination; or (2) forty-five (45) calendar days after the end of a state fiscal biennium. 5.3 Direct Deposit. The COUNTY may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing the COUNTY with copies of reimbursement vouchers. 5.4 Excess Payments; Refund; Setoff. Payment under this Agreement will not foreclose the right of the OAG to recover excessive or unallowable payments from the COUNTY. The COUNTY shall refund to the OAG within thirty (30) calendar days from date of request any funds the COUNTY claims and receives from the OAG for the reimbursement of costs which are subsequently determined by the OAG to be ineligible for reimbursement. The OAG will have the right to withhold all or part of any future payments to the COUNTY to offset any reimbursement made to the COUNTY for any ineligible VOL `l/ PAGE 1S 3 expenditures not yet refunded to the OAG by COUNTY. The OAG may withhold reimbursement(s) from either this contract or an expired contract between the parties with the same funding source, in amounts necessary to fulfill the repayment obligations of the COUNTY. 6. AGREEMENT TERM 6.1 Initial Term. This term of this Agreement shall commence on the final approval, execution by the OAG and the delivery of this grant contract to COUNTY and unless terminated earlier as provided by another provision of this Agreement, this Agreement will terminate upon the occurrence of the later of: (1) August 31, 2006; or (2) the last day of the term for which maintenance was funded under this Agreement (for example, if the COUNTY claims reimbursement for a maintenance term of one year, the term will end on the last day of the maintenance term). The R-01 describes the period of services funded under this Agreement. No commitment of grant funds is permitted prior to the first day or subsequent to the last day of the Initial Term. Nothing herein shall prevent the parties from revising the term of this Agreement by a written amendment. 6.2 Renewal Term. Subject to the availability of future grant funds for this Agreement, this Agreement may be renewed for an additional period(s) to coincide with the term of future appropriations for the purposes of this Agreement. Such renewal shall be by a written amendment and executed with the same formalities as this Agreement. 7. TERMINATION 7.1 Termination for Convenience. Either Party may, in its sole discretion, terminate this Agreement in whole or in part, without recourse, liability or penalty, upon thirty (30) calendar days notice to other party. 7.2 Termination for Cause. In the event that COUNTY fails to perform its obligations according to the provisions of this Agreement, or fails to comply with any of the tenns or conditions of this Agreement, the OAG may, upon written notice of default to COUNTY, immediately terminate all or any part of this Agreement. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this Agreement. 7.3 Rights Upon Termination or Expiration. Upon termination of the Agreement, all work product, Deliverables, equipment, all files, records, reports, data, intellectual property license or right and other documents obtained, used, prepared or otherwise developed by COUNTY in the performance of the scope of work authorized by this Agreement shall vest in the OAG, and upon request of the OAG shall be delivered to the OAG within thirty (30) business days after expiration or termination. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish 9 VOL PAGE 15 and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of the work product or other deliverable made the subject of this Agreement. 8. Intellectual Property. The COUNTY understands and agrees that where funds obtained under this Agreement may be used to produce original books, manuals, films, or other original material and intellectual property, the COUNTY may copyright such material subject to the royalty-free, non-exclusive, and irrevocable license which is hereby reserved to the OAG, or state government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of such intellectual property made the subject of this Agreement. The COUNTY may publish at its expense the results of its contract performance if it first obtains prior OAG review of that publication. Any publication (written, visual, or sound) must include acknowledgment of the support received from the OAG and the appropriate state grant, if applicable. At least three (3) copies of any such publication must be provided to the OAG. The OAG reserves the right to require additional copies before or after the initial review. All copies shall be provided to the OAG free of charge. 9. AUDIT RIGHTS; RECORDS RETENTION 9.1 Duty to Maintain Records. COUNTY shall maintain adequate records to support its charges, procedures, and performances to OAG for all work related to this Agreement. COUNTY also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the OAG and auditors of the State of Texas, the United States, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this Agreement. 9.2 Records Retention. COUNTY shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this Agreement, including but not limited to any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 9.3 Audit Trails. COUNTY shall maintain appropriate audit trails to provide accountability for updates to mission critical information, charges, procedures, and performances. Audit trails maintained by COUNTY will, at a minimum, identify the supporting documentation prepared by COUNTY to permit an audit of the system by tracing the activities of individuals through the system. COUNTY's automated systems 10 VOL 7l PAGE /'5 must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. COUNTY agrees that COUNTY's failure to maintain adequate audit trails and corresponding documentation shall create a presumption that the services or performances were not performed. 9.4 Access. COUNTY shall grant access to all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this Agreement and the operation and management of COUNTY to the OAG, the State of Texas, the United States, or such other persons or entities designated by OAG for the purposes of inspecting, auditing, or copying such items. All records, books, documents, accounting procedures, practices, and any other items, in whatever form or media, relevant to the performance of this Agreement shall be subject to examination or audit in accordance with all contract performances and duties, all applicable state and federal laws, regulations or directives, by the OAG, the State of Texas, the United States, or such other persons or entities designated by OAG. COUNTY will direct any contractor to discharge COUNTY's obligations to likewise permit access to, inspection of, and reproduction of all books and records of the subcontractor(s) that pertain to this Agreement. 9.5 Location. Any audit of documents listed in Section 9.4 shall be conducted at the COUNTY's principal place of business and/or the location(s) of the COUNTY's operations during the COUNTY's normal business hours and at the OAG's expense. COUNTY shall provide to OAG and such auditors and inspectors as OAG may designate in writing, on COUNTY's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as OAG or such auditors and inspectors may reasonably require to perform the audits described in this Section 9. 9.6 Reimbursement. If an audit or examination reveals that COUNTY's invoices for the audited period are not accurate, COUNTY shall promptly reimburse OAG for the amount of any overcharge, unallowable or excessive amount. 9.7 Reports. COUNTY shall provide to OAG periodic status reports in accordance with OAG's audit procedures regarding COUNTY's resolution of any audit-related compliance activity for which COUNTY is responsible. 10. Independent Contractor Status and General Liability Provision. COUNTY shall be deemed to be an independent contractor hereunder and shall not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. COUNTY agrees to take such steps as may be necessary to ensure that each contractor of COUNTY will be deemed to be an independent contractor and 11 VOL2_PAGE 156 will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of COUNTY or any of its subcontractors shall be considered to be solely the employees or agents of COUNTY or such subcontractor, and COUNTY shall be responsible for ensuring that there is payment of any and all unemployment, social security, and other payroll taxes for such persons, including any related assessments or contributions required by law. 11. Publicity. COUNTY shall not use the OAG's name or refer to the other Party directly or indirectly in any media release, public announcement or public disclosure relating to this Agreement or any acquisition pursuant hereto, including in any promotional or marketing materials, without consent from the OAG for each such use or release. 12. Amendment. This Agreement shall not be modified, amended or in any way altered except by an instrument in writing signed by authorized personnel of the Parties for that express purpose. No official employee, representative, or agent of COUNTY has the authority to approve any amendment under this Agreement unless that specific authority is expressly granted by Commissioners Court. All amendments or modifications of this Agreement shall be binding upon the Parties despite any lack of consideration. Any attempted amendment or modification of this Agreement that does not comply with this Section will be deemed void. 13. Non-waiver. The failure of any party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time for which such failure shall continue, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this Agreement. No term or provision of this Agreement or of any document incorporated herein by reference shall be deemed waived and no breach shall be deemed excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. No official, employee, representative, or agent of COUNTY has the authority to approve any waiver under this Agreement unless that specific authority is expressly granted by Commissioners Court. 14. Partial Invalidity. If any term or provision of this Agreement, or of any document incorporated herein by reference is found to be illegal or unenforceable then, notwithstanding such illegality or unenforceability, this Agreement, and each incorporated document, shall remain in full force and effect and such term or provision shall be deemed to be deleted. 15. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one 12 VOL 7/ PAGE 157 and the same instrument. 17. Entire Agreement. This Agreement reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations, understandings or agreements between the Parties relative to such subject matter. 18. Governing Law; Venue. This Agreement is made and entered into in the State of Texas, and this Agreement and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, COUNTY agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this Agreement, or the matters referred to therein, shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District and Austin Division, and to the extent permitted by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. COUNTY hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that (a) COUNTY is not personally subject to the jurisdiction of the above-named courts, (b) the suit, action or proceeding is brought in an inconvenient forum or the venue of the suit, action or proceeding. 19. Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this Agreement only in their official capacity. Office of the Attorney General of Texas Brazos County, Texas Attorney General or his designee Randy! County Date: SI3c~~o2c` 13 VOL I EAOE 158 Exhibit R-01 Maintenance Renewal Automated Victim Notification Services Brazos County September 1, 2005 to August 31, 2006 Category f: Large Subject to the terms and conditions included in the Agreement, this Exhibit R-01 Schedule of Payments shall describe the payments that Customer shall pay to Appriss. Maintenance Amount. Customer shall pay Appriss a maintenance amount for the Renewal of Services determined as follows. This Renewal will extend services through August 31, 2005. Standard Discount Discount # Months to Total Amount2 Rate3 Amount Total Annual 8/31/05 Renewal: $32,350 30% $9,705 $22,645 12 $22,645 Services After Termination. Subject to the terms and conditions included in the Agreement, the cost of Services provided by Appriss to the Customer shall be governed by the following payment terms. Following either the expiration or termination of this Agreement, then Customer shall pay Appriss an amount equal to 1/12th the then current Annual Maintenance Fee, for each month that the Customer elects to receive the Services. Customer may elect to receive the Services for any increment of months up to the maximum time period stated in the Agreement. 1 based on the size category of the county listed in Service Price: L County Standard Pricing Guide of the Vendor Certification 2 based on the size category of the county and the related price listed in Service Price: L County Standard Pricing Guide of the Vendor Certification 3 based on the number of counties participating as defined in Service Price: 7V. Discounts for Annual Service of the Vendor Certification Exhibit R-01 Maintenance Renewal VOL W PAGE 157 Z JRSLG S OF COURT ADMINISTRATION 6"LexisNex rta TEXAS OSUBSCRIPTION PLAN AMENDMENT I ("Amendment") LexisNexis, a division of Reed Elsevier Inc. ("LN"), and Brazos Court ("Subscriber") agree to amend the Subscription Agreement (the "Agreement') previously or simultaneously executed between LN and Subscriber by adding to the Agreement the terms and conditions set forth below. The Agreement and this Amendment are subject to the terms and conditions of the Master Agreement for Computer Assisted Legal Research pursuant to RFO #212-0-130 (the "Master Agreement") between LN and the Texas Office of Court Administration (the "OCA") dated June 5, 2000, and all pricing herein is determined by the Master Agreement. 1. TERM The term of this Amendment will begin (a) on the date Subscriber's billing account (a "Billgroup") is activated ("Activation") if Subscriber is a new LN customer, or (b) subject to Section 7, on the first day of the calendar month immediately following the execution of this Amendment and delivery of it to LN if Subscriber is an existing LN customer, and will continue until 8/31/2006 (the "Term"). 2. AUTHORIZED USERS This Amendment relates only to the Subscriber's Billgroup and location (the "Participating Billgroup") set forth below. Only employees of Subscriber using identification numbers issued under the Participating Billgroup will be entitled to access the Materials and related Research Tools listed in Section 5.1 (the "Preferred Pricing Materials") pursuant to this Amendment. Each identification number will be used solely by the individual for whom it was issued and may not be used by anyone else, except each Judge who participates under this Master Agreement may allow his or her staff attomey(s), law clerk(s), secretary or judicial aides to use his or her password for the purpose of assisting the judge, but a judge may not share his or her 3. CERTIFICATION Subscriber certifies that on the date this Amendment is signed by Subscriber there are _ professionals (judges, OCA staff attorneys, librarians, public defenders and prosecutors) in Subscribers organization. 4. MONTHLY SUBSCRIPTION CHARGE During the Term, the Monthly Subscription Charge in Section 3 of the then-current applicable price schedule (the "Price Schedule") will be waived. 6. PREFERRED PRICING MATERIALS AND CHARGES 5.1 In consideration of Subscribers payment to LN of the monthly commitment amounts specified below (the "Monthly Commitment'), the Participating Billgroup will be provided access to and use of certain Materials, identified below by source/menu number (the "Preferred Pricing Materials"), available in the lexis.comsm service or the LN Online Services accessed via proprietary software (the "Classic Online Services"). At no additional charge, the Participating Billgroup may do ine printing, online erinting and saving to disk of Preferred Pricing Materials. i) mg, (a) P= Lexis ,1is' ....5 3 . F.iT ..i.. . c Beginning 9/1/2005 to 8/31/2006 ii) $32 per user per month during this current OCA fiscal year. The current Monthly Commitment is $320, but can change pursuant to Section 5.2. 5.2 Each month, the Monthly Commitment as set forth in Section 51(i) will be adjusted to reflect the total current passwords active for that month. 5.3 The OCA fiscal year begins September 1 and ends August 31 of the following year. The Monthly Commitment in 5.1(i) is based upon this fiscal years prices as determined by the OCA and LN. a division of 1 of 3 a i?L PAGE ~(a~ 5.4 Each fiscal year the OCA and LN will renegotiate the subsequent fiscal year's price and the monthly per user price in' each category will be limited to an increase of ten percent (10%) or less. The new per user prices will be communicated by LN to Subscriber prior to September 1. Subscriber may terminated this Amendment within 15 days following notice of such increase, in writing to LN; otherwise this Amendment will remain in effect. If LN receives no written notice to terminate, Subscriber's Monthly Commitment will increase based upon the renegotiated price agreed to by the OCA and LN for the remainder of the fiscal year. 5.5 During the Term, the Monthly Commitment will be billed in lieu of the Information Charges specified in Section 1 of the Price Schedule for all access to and use of the Preferred Pricing Materials, except as otherwise provided in Section 5.6 and Section 6 (if elected) below. 5.6 The following Materials accessible from, but not included as part of the Preferred Pricing Materials, will be subject to monthly billing at the then-current standard undiscounted rates in accordance with the Price Schedule: (a) selected Images (those that include a charge in the Price Schedule); (b) Dun & Bradstreet Reports; and (c) Risk Solutions. 6. ADDITIONAL CHARGES The Participating Billgroup may have access to and use of the LN services and features not accessed through the Preferred Pricing Materials ("Alternate Pricing Materials"). If Subscriber so elects by initialing below, or by notifying LN at a later date, Subscriber will have access through the Altemate Pricing Materials at then-current undiscounted rates in accordance with the Price Schedule in addition to the Monthly Commitment. Subscriber elects access to the Alternate Pricing Materials (1.0m)- 7. CLOSED OFFER The offer of UN contained herein is valid until - In order to implement this Amendment by the first day of a calendar month, LN must receive this signed Amendment by the 20th day of the preceding month. 8. CONFIDENTIAL INFORMATION Subject to any state open records or freedom of information statutes, this Amendment contains confidential pricing information of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive harm to LN, and will receive and maintain this Amendment in trust and confidence and take reasonable precautions against such disclosure to any third person. This Section 8 will survive the termination or expiration of this Amendment. 9. CHANGE OF CIRCUMSTANCE In the event of a change in Subscriber's organization from a merger, acquisition, divestiture or similar event that results in a change in the number of users covered by this Amendment, LN, in good faith, reserves the right to adjust the amounts payable under this Amendment upon at least thirty (30) days prior written notice to Subscriber. In the event LN increases the amounts payable under this Amendment pursuant to the preceding sentence, Subscriber may, within ninety (90) days of receiving such notice, terminate this Amendment upon at least ten (10) days prior written notice to LN. 10. MISCELLANEOUS 10.1 During the Term, use by and charges to the Participating Billgroup will not be eligible for other discounts or aggregation with the use of or charges for other billgroup. 10.2 During the Term, Subscriber may not terminate the Agreement, except as provided in the Master Agreement or Section 5.4. This Amendment may also be terminated by Subscriber on ten (10) days prior written notice to LN in the event LN discontinues providing access to a significant portion of the Materials in the Preferred Pricing Materials or Alternate Pricing Materials that Subscriber has used regularly in the ordinary course of business during the Term. To be effective, notice of termination above must be given within thirty (30) days of the event giving rise to the termination right, except for termination under Section 5.4. 10.3 UPON TERMINATION OR EXPIRATION OF THIS AMENDMENT, ALL PARTICIPATING BILLGROUP(S) AND PASSWORDS WILL BE INACTIVATED AND TERMINATED. 10.4 All capitalized terms not defined herein will have the meanings ascribed to them in the Agreement or the Master Agreement, including the Price Schedule. Customized subscription Plan Amendment for S/L Government 04August2003 ® 2002, Lexistlexis, a division of Reed Elsevier Inc. All rights reserved. Form=SLGovtSubsai tion-092002.dot CAH for CMG-96328TexasOCA-2 Pa e 2 of 3 VOL71 PAGE /(o/ 10.5 Except as expressly modified by this Amendment, all other terms and conditions of the Agreement will remain in full force and effect and unaffected by this Amendment. In the event of a conflict or inconsistencies between the Agreement and this Amendment, this Amendment will control, except that this Amendment may not change the monthly per user price as determined by the OCA and LN. Except as set forth herein, this Amendment may not be modified or otherwise changed unless mutually agreed to by both parties in writing. AGREED TO AND ACCEPTED BY: RAZOS COUNTY SUB ZR ER BY: NAME: ~/1(ir~CIV IMS TITLE: C Y Yl SuCAQ~ DATE: Sl~'3J~.1 ~5 LexisNexis, a division of Reed Elsevier Inc. BY: NAME: TITLE: DATE: Customized Subscription Plan Amendment for S/L Government 04August2003 ® 2002, LexisNexis, a division of Reed Elsevier Inc. All rights reserved, Form=SLGovtSubsui ton-092002.dot LAH for CMG-96328Texas0CA-2 Pa e 3 of 3 VOL'Y PAGE /ova REQUEST FOR SALVAGE DESIGNATION 1. Typewriters (2) Canon AP800 Non working 2. Typewriter (1) Olivetti ET25005P Non Working 3. Large Trash Can Very Dirty This property was offered to Brazos County departments with no response, and then advertised at public auction with no bids received. VOL 7/ PAGE l(a3 THE ITEMS LISTED ABOVE ARE APPROVED FOR SALVAGE DESIGNATION: D v O D r O O 0 z m m r m D O C CD < CD C~ W N p 0- 3 3 y 0 m M m 1 m o m z a ~ m l o o o N ~ d CC) m m (A 2 c m , ° N o o 0 1' O y M O O N ~ m °ym U) W (D N N Z O z 7 IUD 0 m N X m m V z S z O o 0 Cl) m m a z O m m m m y C H O -1 z CA S m A m D 3 OO i. A Cl) m Cr7 'O 1+ O 'r1 ~°o d °p C W ~ ~ r O O A'+ z 'OL? / PAGE 164 I BRAZOS COUNTY ~D COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 30, 2005 ITEM: Request from The 7711 Corporation to construct a road bore for a gas pipeline in the right of way of Hudspeth Road at its intersection with FM 2776. Company Check No. 019058 in the amount of $500.00 for the permit accompanies this request. Site is located in Precinct 2. (Deposit to Account No. 01-460650) SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMIT BY: Richard F. Vance, P.E. County Engineer 0005-085 APPROVED BY: Commissioner Duane Peters Precinct 2 This Request is Approved / Denied ❑ by Commissioners' Court Date: iilaD/-91-1)c~ _ 1 Randy Sir, County Judge VOL FACE lGs FIRST AMERICAN BANK 019058 THE 7711 CORPORATION P.O. BOX 1033-BRYAN, TX 77805 19791 260-4300 P.O. BOX BJ 88-232 019058 COLLEGE STATION, TEXAS 77841 1131 (979) 779-0777 PAY ***500*Dollars*And*00*Cents*** a, 08/22/200 97165 TO THE BRAZOS COUNTY ORDER OF P. O. BOX 111 BRYAN, TX 77806-0111 11.01905811' 1:1131023291: 115007 448 9110 THE 7711 CORPORATION VENDOR: 97165 BRAZOS COUNTY INVOICE AMOUNT PAID SUZIE Q PERMIT-ROAD 500.00 $******500.00 Signature rilAo 5 8 DATE: 08/22/2005 TOTAL: $500.00 DISCOUNT BACKUP W/H TAX W/H 0.00 0.00 0.00 /(Ply VOL.V_PAGE~~ GREATLAND CORPORATION • TO ORDER CALL: 800-968-5611 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 FROM: REF: THE 7711 CORPORATION Crossing XUand/or Parallel Installation P. O. BOX B J Road: HUDSPETH ROAD COLLEGE STATION, - TX 7 1 Precinct Number: CZ) Formal notice is hereby given that (applicant) THE 7711 coRPoRATwpposes to place a (type) GAS pipeline within the right-of-way of (road) u DSP .TH Roan in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by three copies of the drawings attached to this notice. I understand and agree: 1. The County Engineer must be notified prior to the beginning of construction in order that a designated inspector may inspect the actual installation. 2. That all damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. That Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. That Brazos County will in no way be responsible for any damage which may occur to any existing utility lines in the right-of-way. 5. That the line will be constructed and maintained on the. County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. That the line or lines will be constructed no less than forty-eight inches (48") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. That all roads shall be bored in accordance with the Utility Accommodation Policy of the Texas Department of Transportation dated 1989. 8. That all sites will be barricaded during the construction period. 9. That the normal charge is $500.00 per crossing and/or $130.00 per rod when paralleling the roadway established by the Commissioners Court on December 21, 2004. 10. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 11. Construction shall be in strict conformance to the latest Texas Manual on. Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. Construction of this line will begin on or after the 2nthday of n„o„st 2nns . APPROVED BY COMMISSIONERS' APPLICANT: Rc F COURT ON: THE 7711 CORPORATION Date Co y~ame B NT PRESIDENT Randy Sim, ounty Judge RepresentITitle Company 979/779-0777 Telephone Number Revised 12121/04 VOL°7/ PAGE W THE 7711 CORPORATION HUDSPETH ROAD BORE PROJECT 11%, Aj,• y FM-2111 - - -1 - - - - - • Utz Ulf) i If** ROAD' BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM C~ DEPA RTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 30, 2005 ITEM: Request from United Telephone Company to construct a road bore and 5,935 ft of buried cable installations in the right of way of Peach Creek Road. Site is located in SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBIMITTED BY: APPROVED BY: Richard F. Vance, P.E. County Engineer Precinct 1 0005-084 This Request is Approved /IH Denied ❑ by Commissioners' Court Date: Randy SimsXount-y Judge Commi sinner Lloyd Wasserman fi_ '7/',i I~9 ATTN: Richard F. Vance W.O. 36309219 Brazos County Engineer 2617 W. HWY21 Bryan, Texas 77803 Dear Sir: Formal notice is hereby given that the United Telephone Company of Texas, Inc. proposes to install buried communications cable upon and along the right-of-way of county roads in Brazos County, Texas, as follows: IMPROVED ROADS (paved) - The contractor will plow cable in back slope with 8' of right-of-way line. Pipe will be bored under all paved county roads extending from ditch line to ditch line with a minimum cover of 30". IMPROVED ROADS (gravel) - The contractor will plow cable in the back slope of the road, one track of the plow tractor on the back slope the other may come to the shoulder of the road neither whole tractor or plow will be on the road surface. UNIMPROVED ROADS (dirt) - Same as improved, unless because of ditches, trees and other terrain features, it is more practical to plow in the center of the road. In these cases, the cable will be plowed in the center of the road. Not applicable in County. BRUSH DISPOSAL - Any brush, trees, etc., that are cut will be burned or disposed of and not left in the ditch. Rocks brought up by tractor or plow will be disposed of. DEPTH OF CABLE - All cables will be placed at a minimum depth of 30" except where crossing dams or ditches, at which locations the depth of cables will be at a minimum of 36" . The following are requirements which are made on the contractor: 1. The plowing equipment shall be subject to the approval of the Engineer and the Public Authorities having jurisdiction over highway QT'S 3 5 and road rights-of-way. 2. The equipment and construction methods used by the contractor shall be such as to cause minimum displacement of the soil. The slot made in the soil by the cable plow shall be closed immediately by driving a vehicle track or wheel over the slot or by other suitable means. 3. Damage to banks, ditches, driveways, and roads caused by the equipment shall be immediately repaired to the satisfaction of the Engineer and Public Authorities having jurisdiction over highway and road right-of- way where involved. 4. Trenches shall be promptly back-filled with earth, and mechanically tamped at six (6) inch lifts so that the earth is restored to original grade to assure no hazard to vehicular, animal or pedestrian traffic. No trenches shall be left open overnight. 5. The usual 100/ofees withheld from contractor until repairs are made / satisfactory with Engineer and Public Authorities having jurisdiction ! of right-of-way involved. _ 8 / Brazos County will not be held liable at any future /1 /7a htt o l date for accidental damages to the buried cable plant by road working equipment such as maintainers, hole diggers, etc. In the event of such damages the Telephone Company will be notified immediately. The County Commissioners Court may require the owners to relocate this line, for valid reasons under the law, by giving thirty (30) days written notice. a. Where communication facilities are located on county road ROW the Telephone Company will relocate said facilities at no expense to the County. b. Where communication facilities are located on private property the county will reimburse the Telephone Company for the relocation of said facilities. At any place where a communications line crosses over a county road, it shall be constructed and maintained at least eighteen (18) feet above the surface of the traffic lane. Please notify forty-eight (48) hours prior to starting construction of the line, in order that a representative maybe present. The locations of the proposed lines are more fully shown by the copies attached to this notice. Construction of this line will begin on or after the 19th day of August 2005. SPRINT/UNITED TELEPHONE COMPANY OF TEXAS, INC. BY /]~Garv Donald DATE: 7/22105 TITLE: Netwo c Engineer II P. 0. BOX 2077 Humble, TX 77347-2077 DATE xl3 )Ia 'cam 4t~)j The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this ~t day of ae' n he r- A.D. 2005 Karen --McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this 20'fk-- day of AUCWl Lloyd assermann, Commissioner Precinct 91 Duane Peters, Commissioner Precinct #2 Kenny Mallard, do~missioner Pre ct #3 CLCC-N t~ S Carey Caulej Commissioner I~ecj ict Treasurer's Reports for the MONTH of JULY 2005 Vx A 1Fla4b 0A a a 10` V' A 5 b V S \p Y S W S W O S P OS N SO p b A W O A OV d Q W N O W Y S W 88 N1 apppp Nm mpp N SV N N((pper1~ yppNy W NS N N O Y SN Np ppp Y1 apppp Y W. Y V 9 Yp ppp~~ Y O Y W S Y N S O N S O Y O A O O O O O O O O . O i n 8 ~ 0 ~p C ~ ~ O O ~y IP11 i C v z PP 3 V ~ ~ ~ ~ O a N rR C W v~ O k~ ~ ~ 3 ~ ~ a S C ~ ~ a ~ Lf pm y r~ C@ s ~ S z GI NN sm a D ~ m m g z O G I Ll O nj B ~ C 4 ~P }pry( z O 2 ryi O $ A K 0 C H A r i $ > ]NC z A 0 is Zs Xi Y 2 .S A $ N NN _ p i v0i O m O;e n S C c Wm W 0 m T O r~l a z m o o ~ 0 0 0 O ~ ~ S m z ~ ~ O o y~ W w ~ N N m W 2 N p~ b ~O y ~p W V m V ~ p P 01 b m N N A N d N b O~ A Y Y ~G V O N P Y P Y W N V VI W W N O O N P W N A O A V N P N V O \ N y y ' : m r P yp P OWqE N q W O VV V O p~ S a Q A A V O W W W W yy .p V ~ N r r tAJ W O VA W . ND W w V gyp r 8 Y y ~ W : : p . P WTW 01 W N 1 i1 S WWp (O r W 1N/~ A i Vy W W O .O~yyu 1C P ySyJJ+ lO W W ? d VOI . V . W T O N/1 V i W G N pOf~ P NW f Jl V W t p W .A b O S ;1+ N O W ~qD A O A V ;P V N 1'1 m P " 2 O 'i Y w m N W V ~p A d P ~ N N W N W W W V N N A P p W 3 V Y tP/1 1p N r p p A N p p P yy O p pJJ A N pp pp~~~~ ✓ r i O~ pJ A 4P0 y1 P1 r W N app VI V {p,J~ W V N S W ~ p b pp~ V I Ht p ~ A O GI ~ ~ y W 0 y V b b b Y N Y b 1Np N G W WY A N W N ONi N W P W P V L b N S H l /1 OJ P V T Zy T m N ~ n yOy W y m a ~ ~ r r m o C Y W V N O W V m W W N V m N p~ 0 y~ d O N Y 0 O 01 N P Y m m 0 V N W p y ~ r ~ {,J A tll O . N V b S W W N W A W N : r J ~y tV/1 P p N P N 1 y V 1N/I O 1P0 W O W p W r P W N ~ 'A 41 y1 W A a p V ~p A 1P11 N W p0~ W VN Ol L py~ O N O N V q N ~q O qW O O O 9 ~p S b V 1p W 0 . A lYi1 w o v m e S o a w W S t4 v i S S S ~ m W (y~ 1 (Il ~p V m A : W N b O m Y N b W .pp O V p W N p~ CO W O m IW+ V V P pp~~ O P Y WW W ~ N W W N O 1y W Y Y N N A p 1C V W P N N 0 V P m N W W SS Y C N V W N N d V Y A ; p Y W O y 0] Y p~ Y O d W 0 b W Y W m q b W A N P p O Zi N O W O y N N ' ' w V 4 y O 1 P . . . V d A W N . 91 4 0 j O V N I 1 N n P d ~ 1 m S W 1 O N p A W S ~ p (p 1p N V y J A L p (O y 1 W 11 ~ (O W p A W W N 1 W 1 Y V W O Y + (p S 1 y W y m IJ P ~ N N m O N : N N ~ C N y r ' O Ci m w a ~j : Y Y W N 01 W C1 V ' 1Wy N p~ 01 10 N W V N A W N b W W N Y W W W W r P N p~ m m Y N W A N N W W p V P W W ymm11 y ~ W N rl ~Oy O A b W Y 1p P 0 YO N Y m N Q aE P O py~ + Y 0 V V {~b~1 ym P1 V O {q P~ + Y W ~ mqp r N W W ~y O11 V N p N A W 1D N W N p N mW V 0 O N N N M J y N VW p ~ O N W O V r W N 1p 1D N 1~ t0 i N { 11 m V (,J A W 1p 1D i 11~ W W t/~ W i W p~ Af VI 1J CO N W V A ~1 fA ~ N b O S 1y W y m N A 01 W A O 1 VI r e 0 N yCy IT A pN T 0 H VOL 071 PAG 1 v