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HomeMy WebLinkAbout2005-10-25-9:00AM-REGULARP bWAZOS COUNTY -ji fETY CLERK TEXAS BRYAN, TEXAS OE?lliY U NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 25 OCTOBER 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 Mallard 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 29: 3. Budget Amendment 04/05-50.1 thru 04/05-50.5 4. Budget Amendment 05/06-4.1 5. Personnel Change of Status. 6. Payment of Claims. 7. Resolution 05-012 supporting the State of Texas Emerging Technology Fund Program and Emerging Technology Fund applications being considered by the State of Texas for CorInnova, Inc. and Lynntech, Inc. 8. Resolution 05-013 re-adopting the regional Hazard Mitigation Plan for the Brazos Valley. 9. Request from Research Valley Partnership for approval of a Cash Incentive of $50,000.00 to StarVision, Inc., due within 60 days from 23 September 2005, the date the Economic Development Agreement was approved. 10. Contract with NeKi&L"is for online legal library subscription service. Term of agreement is I November 2005 through 30 November 2008. Office of the County Judge . 300 East 2dh St. . Suite 114 . Bryan, Texas 77803 . Fax: (979) 361-4503 <73 - e-i o-7 Commissioners Court Agenda 25 October 2005 Page 2 11. Contract with Managed Network Solutions to serve as the Internet Service provider for the Online Legal Library, including cable installations at various locations throughout the courthouse. Term of agreement is I November 2005 through 31 October 2006. 12. Revised 2006 Texas VINE Annual Maintenance Grant contract. 13. Revised Job Description for the position of Emergency Management Coordinator, as proposed by the search committee. 14. Transfer of the following five (5) properties to Habitat for Humanity, and foregoing the delinquent taxes: a. R29850 James, Block 1, Lot 24,1217 Henderson St. b. R28849 Higgs, Block 1, Lot 19 and 20, 902 Dansby St. c. R28850 Higgs, Block 1, Lot 21, 900 Dansby St. d. R30436 Keats, Lot 14, 1403 Bradley St. e. R29865 James, Block 2, Lot 10, 1220 Henderson St. 15. Appointment of central count staff for the upcoming 8 November 2005 election. 16. Homeland Security sub-recipient grant award for fiscal year 2005 designated for Interoperability Communications and related equipment for the Volunteer Fire Departments, and direct deposit authorization. 17. Transfer of property to Emergency Management and the Volunteer Fire Departments from the Department of Justice pass thru grant, fiscal year 2004. 18. Increase from $75.00 to $150.00 for the annual permit required of food establishments located in the unincorporated areas of Brazos County by the Brazos County Board of Health. 19. Brazos County Payroll for fiscal year 2006 (10101105 - 9/30/06): Salary and Wages $ 26,213,733.00 Benefits 9,588,817.03 Total $ 35,802,550.03 20. Brazos County Order #05-009 directing the Payroll Fund to the General Fund. 21. Proposed 2006 Holiday Schedule for Brazos County employees. 22. Appointment of Michele Bailey-Meade to the Homeland Security Advisory Committee. 23. Lease Agreement with Ricoh for the Juvenile Academy Program's copier, and payment of the monthly lease and service and supplies. 24. Capital purchase of one vehicle the Sheriff's Office (requisition #00006543), and three vehicles for the District Attorney's Office (requisition #00006545). Commissioners Court Agenda 25 October 2005 Page 3 25. Capital purchase of a 35-ton Low-boy trailer with detachable neck for the Road & Bridge Department (requisition #00006544). 26. Acceptance of a Special Warranty Deed from David B. Lewis and Kelli S. Lewis for improvements to Pine Tree Road located in Precinct 2. 27. Payment authorization in the amount of $6,164.39 for attorney's fees associated with a lawsuit filed against the Brazos County Bail Bond Board. 28. Payment authorization from the District Attorney's Office in the amount of $1,200.00 to Werlinger & Associates for close circuit television set-up for a juvenile trial. Purchase order obtained using FY 2005 funds could not be used when the trial was rescheduled into the 2006 fiscal year. 29. Payment authorization from the Magistrate's Office in the amount of $322.35 to Wilton's Office Works. Purchase was made without obtaining a purchase order. 30. Announcement of interest items and possible future agenda topics. 31. Call for citizen input and/or concerns. 32. Agency / Board / Committee reports by Court members. 33. 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. J,'~3 : Fi~.tl. ao9 COMMISSIONERS' COURT REGULAR MEETING OCTOBER 25, 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, October 25, 2005 with the following members of the Court present: Randy Sims, County Judge, Pres iding; 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 Mallard gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #04/05-50.1 through 50.5, which would transfer funds to the Constables and Community Supervision Support from Contingency, and reallocate funds for various departments; transfer funds from Non- Departmental to contingency; and reallocate funds in Juvenile Services. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve Vol X1-3 Page ~ 10 Commissioners Court meeting October 25, 2005 2 the budget amendment as submitted, a copy of which is attached hereto. The Court next considered Budget Amendment #05/06-4.1, which would transfer funds to Emergency Management from Contingency. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. 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: 7012259 through 7012565 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 Peters, the Court voted unanimously to adopt Resolution #05- 012 authorizing the County Judge to execute this Resolution of Support for the State of Texas Emerging Technology Fund Vol q-3_ Page 0-11 Commissioners Court meeting October 25, 2005 3 Program and Emerging Technology Fund Applications being considered by the State of Texas for CorInnova, Inc. and Lynntech, Inc. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to adopt Resolution #05-013 adopting those portions of the Plan entitled Mitigating Risk: Protecting the Brazos Valley from All Hazards, 2004-2009 that pertain to Brazos County and vest the Brazos County Emergency Management Coordinator with the responsibility, authority, and the means to inform all concerned parties of this action and develop an addendum to this Hazard Mitigation Plan if the County's unique situation warrants such an addendum. Also appoints the Brazos County Emergency Management Coordinator to assure that the Hazard Mitigation Plan be reviewed at least annually and that any needed adjustment to the Brazos County addendum to the Hazard Mitigation Plan be developed and presented to the Brazos County Commissioners Court for consideration. The next matter before the Court was a request from the Research Valley Partnership for approval of a cash incentive of $50,000 to StarVision, Inc. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the cash incentive of $50,000.00. Vol 13 Page 919- Commissioners Court meeting October 25, 2005 4 The next matter before the Court was a request from the Information Technology Department for the Court to consider entering into contract with LexisNexis for the online legal library subscription service. If approved the subscription agreement is a three (3) year contract and will cost $873 for the first year and reflect a 5s increase each of the following two (2) years. The County Auditor voiced concern about entering into a contract for more than three (3) years. Eric Caldwell, Director of the IT pointed out the clause saying the contract can be terminated in ten (10) days. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request and enter into contract with LexisNexis for the online legal library subscription service. Funding will come from the Law Library fund. A copy is attached. The Court next considered a request from the Information Technology Department to enter into contract with Managed Network Solutions as the Internet Service provider for the online Legal Library. On motion by Commissioner mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the request and enter into contract with Managed Network Solutions as the Internet Service provider for the Online Legal Library. Commissioners Mallard and Cauley then Vol 3 Page 91-5 Commissioners Court meeting October 25, 2005 5 moved to amend their motion and second to include and additional $1,600.00 for cabling expenses. The motion passed unanimously. A copy is attached. The next matter before the Court was consideration of the revised 2006 Texas VINE Annual Maintenance Contract. In a letter to the Court, the Program Manager asked that the Court withdraw approval of the original contract due to the modification of the contract period and approve and sign the three new contracts. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to withdraw approval of the 2006 VINE Annual Maintenance Contract. Then, on motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the three new contracts. A copy of each is attached. The Court next considered the revised job description for the position of Emergency Management Coordinator, as proposed by the search committee. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the revised job description for the position of Emergency Management Coordinator. A copy is attached. The next matter before the Court was the proposed transfer of the following five (5) properties to Habitat for Humanity. Vol 73 Page 9-14 Commissioners Court meeting October 25, 2005 a) R29850 James, b) R28849 Higgs, Street c) R28850 Higgs, d) R30436 Keats, e) R29865 James, Street Block 1, Block 1, Block 1, Lot 14, Block, Lot 24, 1217 Henderson St. Lot 19, and 20, 902 Dansby Lot 21, 900 Dansby Street 1403 Bradley Street Lot 10, 1220 Henderson On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to transfer the properties to Habitat for Humanity and forego the delinquent taxes. Commissioner Mallard pointed out there are some fees involved like attorney fees, publishing fees, etc. but he's hoping the entities will waive them for Habitat. The next matter before the Court was the appointment of central count staff for the upcoming November 8, 2005 election. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to appoint the following individuals to the central count staff: Earlv Votina Ballot Board Bernice Lewis, Judge, Republican Party Kris Eriskine, Alternate Judge, Democratic Party Central Count Celia Goode-Haddock, Manager Bernice Lewis, Judge, Republican Party Darlene Nichols, Alternate Judge, Democratic Party Tabulators Vol 33 Page 0,15. 6 Commissioners Court meeting October 25, 2005 Cray Course Cory Bluhm The Court next considered acceptance of the Sub- recipient Grant Award for FY 2005. This is comprised of two (2) grants, one is a Homeland Security Sub-grant in the amount of $110,000 and a Homeland Security Law Enforcement Terrorism Prevention Program sub-grant in the amount of $125,000.00. The combination of the two grants is designed for the purchase of one radio tower for the south end of Brazos County to be used by Brazos and the surrounding counties and the purchase of 800 MHz radios and/or laptop computers for the Brazos County Volunteer Fire Departments. On motion by County Judge, seconded by Commissioner Cauley, the Court voted unanimously to accept the Sub-recipient Grant Award for FY 2005 and authorized the County Judge to execute the document. A copy is attached. 7 The next matter before the Court was the transference of property between Emergency Management and the Volunteer Fire Departments. These 800MHz hand held radios and other interoperability equipment were ordered from the Department of Justice Grant FY '04. This completes the order with the XTL 2500 mobile radios and accessories. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted Vol - -3 Page al (Q Commissioners Court meeting October 25, 2005 8 unanimously to approve the transference of property. A copy of the property list is attached. The next matter before the Court was consideration of an increase in permit fees for restaurants in the rural areas. The Health Department is recommending an increase from $75/permit holder to $150/permit holder. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation from the Health Department and increase the fees to $150.00/permit holder in the unincorporated area of Brazos County. The Court next considered approval of the annual payroll. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the following amount for the Brazos County payroll for fiscal year 2006: Salary and wages $26,213,733.00 Benefits $ 9,588,817.03 TOTAL $35,802,550.03 The next matter before the Court was to consider adoption of Order 05-009 directing that money that would otherwise be deposited in a salary fund be deposited in the general fund. This is allowed under Chapter 154 of the Local Government Code § 154.007. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to adopt Vol 7 3 Page ),13 Commissioners Court meeting October 25, 2005 9 Order 05-009. A copy is attached. On motion by the County Judge, seconded by Commissioner Cauley, the Court proceeded to set the holidays to be observed by Brazos County for 2006: January 2, 2006 January 16, April 14, May 29, July 4, September 4, November 23 & 24 December 25 & 26 One (1) Floa New Year Martin Luther King Birthday Good Friday Memorial Day Independence Day Labor Day Thanksgiving Christmas Ling Holiday The next matter before the Court was appointment of and individual to serve on the Homeland Security Advisory Committee. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to appoint Michele Bailey-Meade to serve on the Brazos Valley Council of Governments Homeland Security Advisory Committee. The Court next considered entering into an agreement with Documentation of East Texas for service support and supplies in the amount of $1,153.30 and a lease agreement with Ricoh Corporation in the amount of $2,134.70. The copier will be for the use of the Juvenile Academy Program. Term of the lease is for the period of 60 months but will be renewed annually. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into a copier Vol -73 Page 91K Commissioners Court meeting October 25, 2005 10 agreement with Ricoh Corporation and a lease agreement with Documentation of East Texas and approved two requisitions, one for service support and supplies in the amount of $1,153.30 and the other for the monthly lease in the amount of $2,134.70. The motion included authorizing the county Judge to sign both requisitions. A copy of the Lease Agreement is attached. The Court next considered approval of two requisitions. The first to Columbus Country Dodge in the amount of $16,686.00 covering the purchase of one vehicle for the Sheriff's Department and the second to Caldwell Country Chevrolet in the amount of $60,491.00 to cover the purchase of three (3) vehicles for the District Attorney's office. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously approve the two requisitions and authorized the County Judge to sign them. The next matter before the Court was the approval of a requisition made payable to Interstate Trailers, Inc. in the amount of $41,320.00 for the purchase of a 35 ton Lowboy Trailer with detachable neck for the Road and Bridge Department. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition and authorize the County Judge to sign it. Vol -)3 Page ol 19 Commissioners Court meeting October 25, 2005 11 The Court next considered acceptance of a Special Warranty Deed for right-of-way on Pine Tree Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from David B. Lewis and Kelli S. Lewis for the expansion and improvements to Pine Tree Road. The next matter before the Court was approval of a payment authorization in the amount of $6,164.39 to cover attorney's fees. These fees were associated with the lawsuit filed against the Brazos County Bail Bond Board by Sonny Ellen, Cause No. 04-03202-CV-85. Sonny Ellen v. Brazos County Bail Bond Board. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered approval of a payment authorization to Werlinger & Associates in the amount of $1,200.00. A purchase order was issued but the trial date was moved to after the beginning of a new budget year. The old purchase order was cancelled and a new one was not issued. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve payment of the payment authorization. Vol ~ 3 Page gg" Commissioners Court meeting October 25, 2005 12 The next matter before the Court was approval of a payment authorization issued by the Magistrate's office to Wilton's Office Works in the amount of $322.35. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve payment of the payment authorization. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) The quarterly Intergovernmental Committee meeting will be held on November 14, 2005 at 6:00 p.m. on the third floor of the Howell Building in Doe's Restaurant. County Judge a) He went to Omaha, Nebraska with the Research Valley Partnership and visited the West call center. They are moving into the old DecisionOne building and are looking for supervisors. They are very impressed with the applicants here. There are currently five (5) locations in Omaha. They have contracts with 79 Pizza Huts and take calls for take out orders and place with Pizza Hut in the appropriate town. Kay Hamilton, Treasurer a) Discussed closing out the year for payroll and holidays. Asked Court to have a Commissioners Court meeting on the 29th of December just to approve claims. The Court discussed moving the regular meeting of the Commissioners Court to the 29th instead. Vol 73 Page )~Z Commissioners Court meeting October 25, 2005 13 There were no Agency/Board/Committee reports by Court members. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. Vol ~3 Page a The foregoing minutes of the Commissioners Court meeting held October 25, 2005 have been examined and are approved in open Court this the ~L-TkL day of 2006, in Bryan, 1 Duane Peters Commissioner, Precinct 2 Carey Carley`, Jr. Commissioner, Preci - &114 Lloyd assermann Commissioner, Precinct 1 Kenny Mallar(A Commissioner Precinc 3 Attest: IL ren McQueen County Clerk Vol -73 Page a,2,3 Brazos County, Texas. BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200-5-AT `Oa Name Organization/Department i "FE bd (1--) e ~ c F ,AA ~ ~ D ~l BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200,T-AT q'00 Name Organization/Department J ~I I _r 44 ~3 << aa.5 43 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-50.1 thru 04/05-50.5 On this the 25`h day of October 2005 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 25 October 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 25`h day of October 2005. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. Copies: County Auditor County Treasurer Commissioners' Court Minutes ilE L/ `'s,a )-oqc Original: ' County Clerk's Office and attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 50.1 10/25/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 1,400.00 0100 30201100 65350000 DR Gasoline 700.00 0100 30301100 65350000 DR Gasoline 500.00 0100 30101100 65350000 DR Gasoline 200.00 Constables: To provide funds to cover Sentember 2005's easoline expenditure. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 50.2 10/25/2005 FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease 0100 10002000 53100000 CR Social Security 2.27 0100 10002000 53200000 CR Retirement 0.82 0100 1000200 53800000 CR Workers comp. 19.55 0100 11001500 61130000 CR Contingency 10.25 0100 10002000 51200000 DR Department Head 32.89 0100 1250010 53100000 CR. Social Security 201.51 0100 1250010 53300000 CR Health Insurance 427.50 0100 1250010 51610000 DR Hourly - Staff 629.01 0100 1650010 53100000 CR Social Security 25.54 0100 1650010 53300000 CR Health Insurance 380.00 0100 16500100 51300000 DR Salary - Staff 405.54 0100 2001000 53300000 CR Health Insurance 323.95 0100 2001000 51610000 DR Salary Staff 323.95 0100 2310010 53300000 CR Health Insurance 762.80 0100 2310010 51610000 DR Salary - Staff 762.80 0100 2410110 53300000 CR Health Insurance 69.94 0100 2410110 51610000 DR Salary - Staff 69.94 0100 2420110 53300000 CR Health Insurance 195.84 0100 2420110 51610000 DR Salary Staff 195.84 0100 2430110 53300000 CR Health Insurance 51.95 0100 2430110 51610000 DR Salary Staff 51.95 0100 3040110 53100000 CR Social Security 389.22 0100 3040110 53300000 CR Health Insurance 546.25 0100 3040110 53800000 CR Workers comp. 859.25 0100 11001500 61130000 CR Contingency 183.91 0100 3040110 51615000 DR Hourly - Law Enforcement 1,978.63 0100 3105000 53300000 CR Health Insurance 9.85 0100 3105000 51610000 DR Salary Staff 9.85 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 3550010 53100000 CR Social Security 50.47 0100 3550010 53300000 CR Health Insurance 274.88 0100 3550010 53800000 CR Workers comp. 108.10 0100 11001500 61130000 CR Contingency 310.58 0100 3550010 51620000 DR Overtime 744.03 2200 5100010 53300000 CR Health Insurance 619.41 2200 5100010 53800000 CR Workers comp. 825.00 2200 5100010 67286000 CR Equipment - Other 923.00 2200 5100010 67342000 CR Furniture 4.32 2200 5J00010 51615000 DR Hourly -Law.Enforcement 193.80 2200 5100010 51620000 DR Overtime 2,177.93 3000 3185000 53300000 CR Health Insurance 361.53 3000 3185000 51610000 DR Salary - Staff 361.53 5500 2800600 60260000 CR Education Supplies 1,625.38 5500 2800600 51620000 DR Overtime 1,598.73 5500 2800600 53200000 DR Retirement 26.65 9100 538000 53300000 CR Health Insurance 461.49 9100 538000 51300000 DR Salary - Staff 461.49 To reallocate funds to cover the overage in salary expenditure due to ear-end accruals of FY05. 17 X13 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 50.3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 50.4 10/25/2005 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 - 11001500 61130000 CR Contin enc 200.00 0106 5665500 1 61880000 DR Utilities 200.00 2005's utilities BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 50.5 10/25/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000100 65450000 CR Office Equipment Maintenance 800.00 0100 31000100 60490000 CR Juvenile Supplies 195.00 0100 31000100 65350000 DR Gasoline ooa nn Juvenile Services: . ITo reallocate funds to cover September 2005's easoline expenditure. ~y BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-4.1 On this the 25"' day of October 2005 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 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 25 October 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 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 25'h day of October 2005. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes Original: County Clerk's Office and . I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 4.1 10/25/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contin enc 100,000.00 0100 35500100 61450000 35500005 DR Misc. Expenditure -Katrina 100.000.00 I To provide funds to cover the expenditures for Hurricane Katrina relief. I PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 25, 2005 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on 1 Department Submitting Employee Request Action Requested Request(s) Applies To 85t° District Court O'Neill, Andrea Discharge Juvenile Services Posey, DaRoderick Return from Active Military Duty SO/Jail Foley, Curteshia Fernandez, Gabriel Wood, Amber Transfer within Dept. Resignation Resignation County Attorney Sanders, GayeLynn Transfer to Another Dept. Approved in Commissioners' Court: October 2 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) rl t) LexisNexis® SUBSCRIPTION AGREEMENT AND ORDER FORM -STATE/LOCAL GOVERNMENT PER SEARCH PRICING EFFECTIVE AUGUST 1, 2005 You may subscribe to the Online Services by agreeing to abide by the General Terms and Conditions and the Price Schedule attached hereto and incorporated herein, as Exhibits A and B, respectively. 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ACCESS TO SERVICES 2.1 Only individuals authorized by the subscribing organization may access and use the Online Services. 2.2 You may not use an identification number to access the Online Services from outside the country for which it was issued. 2.3 Your identification number(s) may be restricted from accessing certain Materials otherwise available in the Online Services. 2.4 Materials and features may be added to or withdrawn from the Online Services and the Online Services otherwise changed without notice. State&L l Go mment Per Search Subscribon A regiment - August 2005 Pam 2 of 6 3. LIMITED WARRANTY 3.1 The provider of the Online Services represents and warrants that it has the right and authority to make the Online Services and Materials available pursuant to these General Terms and Conditions. 3.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4. LIMITATION OF LIABILITY 4.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Services or any features thereof or any Materials, (c) your use of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Online Services), (d) your use of any equipment in connection with the Online Services, (e) the content of Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party. 4.2 "Covered Party" means (a) the provider of the Online Services, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the provider of the Online Services or its affiliates; and (b) each third party supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or any of their affiliates. 4.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 4.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANYWAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. 5. MISCELLANEOUS 5.1 These General Terms and Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule; all other provisions may be changed by the provider of the Online Services immediately upon notice. Your subscription for access to the Online Services may be terminated immediately upon notice to the provider of the Online Services if any change is unacceptable. Continued use of the Online Services following any change constitutes acceptance of the change. 5.2 The provider of the Online Services or the subscribing organization may terminate the subscription for access to the Online Services. The effective date of termination shall be ten days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. The provider of the Online Services may suspend or discontinue providing the Online Services to you without notice and pursue any other remedy legally available to it N you fail to comply with any of your obligations hereunder. 5.3 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by the provider thereof. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Notices to the provider of the Online Services should be sent to your account representative. 5.4 The failure of the provider of the Online Services or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 5.5 The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the Online Services without the prior written consent of the provider of the Online Services. 5.6 These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of the State of Ohio. 5.7 Each third party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary. END OF EXHIBIT A StalelLOtal Govemment Per Search Suhscri "on reement - August 2005 Page 3 0f 6 X13 ~3~` EXHIBIT B TO LexisNexis® SUBSCRIPTION AGREEMENT Price Schedule State/Local Government Per Search Pricing August 1, 2005 H SLG These charges are effective as of August 1, 2005, and shall continue thereafter until the subscribing organization or individual ("Subscriber') is notified otherwise. For more information about the pricing components, Consult the Price Definitions and Price List available via the Classic Online Services using LexisNexis communications software under the administrative identification number 20B9ZWS, at no cost to Subscriber for accessing or printing. 1. INFORMATION CHARGES 1.1 SEARCHES. Charges currently range from $0 to $35.00 per search. Consult the Price List available in the Online Services for detailed search charges. 1.2 DISCOUNTS. The discounts set forth below shall be applied to Subscriber's Information Charges for each monthly invoice period. The discount shall be computed monthly and shall be based on the average amount of Information Charges incurred by Subscriber in the three month period beginning four months before the month Subscriber receives the discount. Discounts shall not apply to: (i) Investext, (ii) MarkMonitor, (iii) Markintel, and (iv) Multex. Monthly Average Information Charges Flat Discount From $0 up to $15,000 0% Over $15,000 up to $30,000 2% Over $30,000 up to $60,000 47b Over $60,000 up to $90,000 8% Over $90,000 12% 1.3 ACCESS. Charges currently range from $0 to $50. Consult the Price List available in the Online Services for detailed access charges. 1A LExIsNExls® ALERT. Charges for LexisNexis Alert searches are based on the frequency in which they are executed. Reports are printed at applicable print rates Frequency Each Report Inta-Day $8 Intra-Day 2x $16 Infra-Day 3x $24 Daily $14 Business Day (M-F) $18 Weekly $21 Monthly $27 1.5 RESEARCH TOOLS. EACH ITATIOW RT Shepard's® Table of Authorities Report $1.00/report' Auto-Cite® service $6.00/cite' Shepard'sO Citation Service $6.00/clte/SHEPARD'S' Shepards Alert Setup Updates Demand UPD $0.00 $0.00 Business Day $0.00 $0.00 Weekly $0.00 $0.00 Bi-weekly $0.00 $0.00 Monthly $0.00 $0.00 through LexlsNexls" at www.k)ds.com via embedded fink (excluding Document Links) $6.001link via Get a Document by chation $6.00/cike through LexisNexis Research Software via LEXSEE® service $6.00/cite TOC Document Linking $4.001link Enhanced Table of Content OC --$4.00( per search 1.6 HISTORIC STOCK QUOTES. Each Quot Historic Price Quotes e $0.15' Historic Dividend Quotes $0.25' 'Includes printing and downloading charges 1.7 PRINTING AND SAVING To DISK. Charges for printing and saving to disk are included in the Per-Search rate. 1.8 IMAGES. Charges for images will be as follows per image retrieved, EACH MADE Anatomical Transparencies $0.00 Trademark design images $0.00 Patent exemplary drawing images $0.00 Mealey $0.00 Elsevier Environmental $3,00 IHI patent images - US domestic $5.00 IHI patent images - International $6.00 Elsevier Business $6.00 Forms $7.50 Investext $10.00 ISO Policy Forms $25.00 'Includes printing and downloading charges State/Local Government Per Search Subwn on Alirftment - August 2005 Pa 4 of 6 ~3:: y a39 1.9 DUN & BRADSTREET REPORTS. Charges for Business Information Reports will range from $64.00 to $599.00 depending on the user's location (e.g. USA, Canada, etc.). Charges for other Dun & Bradstreet Reports will range from $72.00 to $130.00 depending on the specific report requested. Consult the Price List available in the Online Services for detailed report charges. 1.10 ANALYZER. $0 per search and $200 per report. 1.11 SMARTLrNx. $99 per search. 1.12 DELAWARE SECRETARY OF STATE. $35 per report. 1.13 COMPANY DOSSIER Charges range from $5 up to $50 per report and from $0 up to $50 per document link. 1.14 RISK SOLUTIONS. Charges for Telephone Look-Up Will be $0.75 per search, Reverse Telephone Look-Up will be $0.75 per search, Name and Address Verification will be $3.00 per search, and InstantlD® Will be $3.00 per search. Get A Report charge Will be $99.00 per search. Charges for Report Component Will range from $0 to $6.00 per report Charges for Web Documents Will range from $10.00 to $20.00 per document. Consult the Price List available in the Online Services for detailed report charges. Offline Civil and Criminal Court Records ("OCCCR") fees depend on the jurisdiction. OCCCR fees may consist of some or all of the following charoes- Search Type fee $16.00 -175.00 per search Court Access fee $1.00 to $40.00 per search Excess Case fee (1 to 5 cases) $0.00 Excess Case fee (6 or more cases) $1.00 per case 1.15 EDGAR ONLINE. $15 for Excel Reports and $22 for Non-Excel Reports. 1.16 IwEsTExT DOCUMENTS. Two Most Recent Reports will be $9.00 per page, and Archive Reports will be $45.00 per report. 1.17 MARKMoNIToR®. The following sources from the gateway searches will be $35.00 per search: DomainSmart, eBannermonitor, eBoardmonitor, eDomainmonitor, eLinkmonitor, eNetmonitor, eSitemontior, TMIQ, Inbox and ReverseWhois. 2. HANDLING CHARGE. $15 for documents printed at the LexisNexis computer center. 3. MONTHLY SUBSCRIPTION CHARGE. $75 per 4. INSTRUCTION. Training is provided at no charge and covers (a) the basic instruction of all individuals selected by Subscriber to receive instruction in the use of the Online Services and (b) standard instructional and reference materials on the use of the Online Services. Everyone who completes training shall receive one hour of free use to perfect their skills. This free hour is non- transferable and must be used within 14 calendar days of the date on which basic instruction is completed, at a single session or on an aggregated basis. Credit for free use shall automatically be reflected on Subscriber's monthly invoice and shall be applied against Subscribers total charges in a given month. 5. EQUIPMENT AND SOFTWARE CHARGES. 5.1 Subscriber may use its own equipment, or equipment may be available from the provider of the Online Services ("Access Equipment'). 5.2 The Access Equipment shall be maintained by the provider of the Online Services at its then current standard charges. Contact your account representative for current charges. Subscriber may terminate rental of any Access Equipment upon 10 days written notice. Access Equipment must be returned to the provider of the Online Services in the same condition in which it was received, reasonable wear and tear excepted. 5.3 Subscriber shall not permit any of its agents or employees to attempt to move, modify, repair, or tamper with any Access Equipment in any way, except that Subscriber may install Access Equipment designated by the provider of the Online Services as installable by Subscriber. If Subscriber installs Access Equipment, Subscriber shall do so in accordance with the applicable instructions. Subscriber assumes all responsibility for any personal injury or property damage, including damage to Access Equipment, that occurs as a result of Subscriber's installation of the Access Equipment 5.4 Subscriber shall pay then current standard charges for any software licensed by the provider of the Online Services. Additional terms and conditions applicable to the software are packaged with the software and Subscriber agrees to promptly return the software if Subscriber is not in agreement with these terms and conditions. By using the software, Subscriber agrees to be bound by the terms and conditions packaged with that software. 6. TAXES. The charges detailed in this Price Schedule are exclusive of any state or local sales, use, or similar taxes. If any such taxes are applicable, they shall be charged to Subscribers account. If Subscriber is exempt from any such taxes, the tax will not be charged to Subscriber upon receipt of a certificate of exemption. building with equipment used to access the Online 7, PAYMENT TERMS. All charges incurred by Services (up to a maximum of $150 per Agency). Subscriber are payable within 30 days after receipt of an invoice. Subscriber shall pay all charges in accordance with any applicable "Prompt Payment Act" or similar legislation. StatelL l Gw mment Per Search Subscri on Aflreement - mt 2005 P e 5 of 6 '73 a4D 8. CHANGES TO CHARGES AND DISCOUNTS. Charges and discounts may be changed only upon 30 days prior notice, which notice shall be with your invoice or otherwise provided in writing. 9. COLLECTION COST. Subscriber shall be liable for all costs of collection incurred by the provider of the Online Services, including without limitations, collection agency fees, reasonable attorney's fees, and court costs, if Subscriber fails to comply with the payment obligations set forth herein. 10. MISCELLANEOUS. 10.1 In the event Subscriber issues a purchase order or other document relating to the Online Services, Subscriber agrees that the document shall be for Subscriber's internal purposes only and shall in no way modify or affect any of the terms or conditions for access to the Online Services. 10.2 All access to and use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities. END OF EXHIBIT B State/Local Govemment Per Search Sutrcri tlon reement - Au mt 2005 Pa a 6 o Ui a4 1 & LexisNexis• HSLG SUBSCRIPTION PLAN AMENDMENT FOR STATEILOCAL GOVERNMENT LexisNexis, a division of Reed Elsevier Inc. ("LN"), and Brazos County ("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. 1. TERM The term of this Amendment (the "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 11/30/2008 (the "Tenn"). 2. AUTHORIZED USERS This Amendment relates only to the Subscriber's Billgroups and locations (the "Participating Billgroups".) set forth below. Only employees of Subscriber using identification numbers issued under the Participating Billgroups will be entitled to access the Materials and related Research Tools listed in Section 5.1 (the "Preferred Pricing Materials') pursuant to this Amendment 3. CERTIFICATION Subscriber certifies that on the date this Amendment is signed by Subscriber there are _ users (judges, government professionals and total number of attorneys) in Subscriber's organization. Throughout the Term, Subscriber will immediately notify LN in writing of any change in the number of users, in which case LN may, in its sole discretion, increase or decrease the Monthly Commitment (defined in Section 5.1 below) upon at least 30 days prior written notice to Subscriber. If the Monthly Commitment is increased as a result of a change in the number of users in Subscriber's organization, Subscriber may, within 90 days following notice of such increase, terminate this Amendment upon at least 10 days prior written notice to LN; otherwise this Amendment will remain in effect. Upon the request of LN, Subscriber will recertify to the current total number of users. 4. MONTHLY SUBSCRIPTION CHARGE During the Tenn, the Monthly Subscription Charge in Section 3 of the then-current applicable price schedule (the "Price Schedule") will be waived. 5. PREFERRED PRICING MATERIALS AND CHARGES 5.1 In consideration of Subscriber's payment to LN of the monthly commitment amounts specified below (the "Monthly Commitment"), the Parlicipating Billgroups will be provided access to and use of certain Materials, identified below by source/menu number (the "Preferred Pricing Materials"), available in the iexis.coms'`r service or the LN Online Services accessed via proprietary software (the "Classic Online Services"). If Subscriber is an existing LN customer and this is a revision to Subscriber's Preferred Pricing Materials and Monthly Commitment, fees will be prorated for the month in which the change becomes effective if the change occurs other than on the first day of the month. At no additional charge, the Partici atin Bilk rou s may do offiine printing, online rintin and saving to disk of Preferred Pricing Materials. PREFERRED PWNGMATERMS SOURCE/rM:MI SHWARDS MASBER (a) Patriot Menu SBTFSC Futl (b) Texas Flat Rate Menue CDOITX (c) Texas CiviWriminal Premium MTTX01 (d) Texas Family MTrXI I (e) ❑ See atfadted Rider No. I for additbnal Preferred Pricing Materials Beginning Activation to 11/30/05 Beginning 12/01/2005 to 11/30/2006 $ 837.00 Beginning 12/01/2006 to 11/302007 $ 879.OC Beginning 12/012007 to 11/302008 $ 923.OC Beginning to $ j Judsompaon Flan Amendment for SIL Co rnn nt 02005, WdsNeps. a division of Reed Elsevier Inc. c, n__..O..1-- X44 5.2 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 5.3 and Section 6 (if elected) below. 5.3 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 Billgroups 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 Alternate 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 7. CLOSED OFFER The offer of LN contained herein is valid until October-25, 2005. 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. MISCELLANEOUS 9.1 During the Term, use by and charges to the Participating Billgroups will not be eligible for other discounts or aggregation with the use of or charges for other billgroups. 9.2 During the Term, Subscriber may not terminate the Agreement This Amendment may be terminated by Subscriber after the fourth Commitment Period on the last day of any calendar month upon at least 30 days prior written notice to LN. This Amendment may also be terminated by Subscriber on 10 days prior written notice to LN in the event of any increase in the Monthly Commitment, excluding any increases listed in Section 5.1. To be effective, notice of termination pursuant to the preceding sentence must be given within 90 days of the increase. 9.3 All access to and use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities. 9.4 UPON TERMINATION OR EXPIRATION OF THIS AMENDMENT, CONTINUED USE OF THE ONLINE SERVICES BY SUBSCRIBER IS GOVERNED BY THE AGREEMENT AND WILL BE BILLED IN ACCORDANCE WITH THE PRICE SCHEDULE. 9.5 All capitalized terms not defined herein will have the meanings ascribed to them in the Agreement, including the Price Schedule. 9.6 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 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: BRAZOS UNTY S IBER BY: NAME: TITLE: ~Y y~~, Si rL DATE: In~25~2~ LexisNexis, a division of Reed Elsevier Inc. BY: NAME: TITLE: DATE: THIS AMENDMENT DOES NOT BIND EITHER PARTY UNTIL IT HAS BEEN ACCEPTED BY BOTH PARTIES. SUBSCRIBER MAY ACCEPT THIS AMENDMENT BY SIGNING ABOVE. LN MAY ACCEPT THIS AMENDMENT BY PERFORMING ACCORDING TO THIS AMENDMENT OR BY SIGNING ABOVE. Subscription Plan Amendment for S/L Government O 2005, Le dsNems, a division of Reed Elsevier Inc. SLGovtSubsc'i 'on-Au 2005 All Z hts reserved. - J Y'iiuf' g 4 Managed Network Solutions Services Agreement IMOrzons Customer Account Number: System Address - Federal Tax ID Number: Contract Number: Contract Date: ❑ Special Condildons Quote does not include any electrical work, Ethernet switches, fiber patch cords, or Ethernet patch cords. Quote is Intended to reflect one time and monthly charges to deliver 2 Mops of Internet access to the main distribution point in the Brazos County Courthouse using Brazos County provided fiber from the Brazos IT Annex to the Brazos County Courthouse. The undersigned represents that he/she is the Customer or Is the Authorized Customer Representadve dendW above and is audhol zed to sign this Agreement on behalf of Customer for the services in this Agreement The undersigned further represents that the Customer Information and the Authorized Customer Representative Information is hue and correct. This Agreement binds Customer to the Rates, Terms and Conditions of service applicable to each of the services selected above, Including any termination penalties that may apply. Customer understands that regulated services selected above are provided by Managed Network Solutions. All services are subjectto the Terms and Conditions on Pages 2 & 3 attached hereto. The undersigned authorizes Managed Network Solutions to check credit and this Agreement Is subject to credit approval. Pikes listed do not include applicable taxes, foes, rise or sur rges. Urrtll this Agreement Is signed by Managed Network Solutions, It serves as a proposal which may be withdrawn or changed at am/U eb Manor anaged Network Solutkns will honor the prices In this proposal provided Customer delivers a signed contract to Managed Network SplWs within ay3,ir the contra ate above. Customer - Authorized Signature: Managed Network Solutions By: Vance Swaggerty Tide:President Date: Managed Network Solutions shall provide the following services and equipment and Customer agrees to pay the fees and charges set forth below: .2 1. Payrne Customer shall pay for all monthly service charges, plus one-time set-up, Installation and/or construction charges. Unless stated otherwise herein, monthly charges for Services shall begin upon Installation of Service, and Installation charges, If any, shall be due upon completion of Installation. Any amount not received by the due date shown on the applicable bill will be subject to Interest or a late charge at the maximum rate allowed by law. If applicable to the Service, Customer shall pay sales, use, gross receipts, excise, access, universal service fund assessments, bypass or other local, state and Federal taxes or charges Imposed on the use of the Services. Taxes will be separately stated on the Customer's Invoice. No Interest shall be paid on deposits. computers, circuits, software or other devices, are required by Customer to use the Services, Customer shall be responsible for such equipment. 6. Resale of Servke Customer may not resell any portion of the Service to any other parry. 7. Retault If Customer falls to comply with any material provision of this Agreement, Including, but not limited to failure to make payment as specified, then Managed Network Solutions, at Its sole option, may elect to pursue one or more of the following courses of action upon proper notice to Customer as required by tariff or applicable: law: (p terminate service whereupon all sums then due and payable shall become Immediately due and payable, (11) suspend all or any part of Services, and/or (ill) pursue any other remedies, Including reasonable aMomeys' fees, as may be provided at law or In equity, including the applicable termination liabilities. 2. Service and Installation Managed Network Solutions shall provide Customer with the Services and Equipment identified on the first page of this Agreement; provided, however, If Managed Network Solutions determines that Customer's kxatlon Is not serviceable under Managed Network Solutions' normal klstallation guidelines, Managed Network Solutions may terminate this Agreement Customer is responsible for damage to any Managed Network Solutions equipment Installed on customer premise for the purpose of the service described herein. Customer may use the Services for bury lawful purpose, provided bias such purpose (a) does rat Interfere or Impair the Managed Network Solutions network, equipment or facilities and/or (b) complies with the applicable Acceptable Use Policies ('AUr) which are Incorporated herein by reference. Customer shall use the equipment only for the purpose of reoelAng the Servlcm Customer shall not make any connections to the equipment which are not expressly autlicrized In writing by Managed Network Solutions or permit tampering, altering or repair of the equipment by any person other than Managed Network Solutions' authorized personnel. Unless provkled otherwise herein, Managed Network Solutions shall use reasonable efforts to maintain the Services in accordance with applicable performance standards, however, Managed Network Solutions shall have no responsibility for the maintenance or repair of facilities and equipment it does not furnish. Use of the data, and Internet Services shall be subject to the Managed Network Solutions AUP and the Al1P Is available online at wviw.manageednetworleLcom. The AUPs may be amended from time to time during the Tenn of this Agreement. Customer's continued use of the services following an amendment shall constitute acceptance. 3. Service Date and Term This Agreement shall be effective upon execution by the parties. Ser Aces shall be provided for the applicable term set forth on the first page of this Agreement Managed Network Solutions shall use reasonable efforts to make the services available by the requested service date. Managed Network Solutions shall not be liable for any damages whabwever resulting from delays in meeting any service dates due to delays resulting from construction or for reasons beyond its control. 4. Customer Ressw:rr sebilitiles Customer is responsible for arranging all necessary rights of access for Managed Network Soludona within the Customer's premises, Including space for cables, conduits, and equipment as necessary for Managed Network Solutiona-authorized personnel to Install, repair, Inspect, maintain, replace or remove any and all facilities and equipment provided by Managed Network Solutions. Customer shag provide a seared space with electrical power, climate control and protection against fire, vandalism, and older casualty for Managed Network Solutions' equipment Customer shall use the services In compliance with all applicable laws and ordinances, as well as applicable leases and other contractual agreements between Customer and third parties. Customer is responsible for ensuring that Customer's equipment Is compatible for the Services selected and with the Managed Network Solutions network. S. 6RuinmeDt Unless otherwise provided herein, Customer agrees that Managed Network solutions shall retain all rights, title and Interest to fadlmes and equipment installed by Managed Network Solutions thereunder and that Customer shall not create or permit to be created any Hens or encumbrances on such equipment Internal Wiring shall not be considered equipment and shall become the property of Customer upon Initiation of Service. Customer shall not modify or relocate equipment Installed by Managed Network Solutions or Install any other equipment, Including servers In connection with dati/Imemet without the prior written consent of Managed Network Solutions. For Managed Network solubonsowned equipment, Customer shall, at the expiration or termination of this Agreement, return the equipment in good condition, ordinary wear and tear resulting from proper use excepted. In the event the equipment is not returned to Managed Network Solutions in good condition, Customer shall be responsible for the value of such equipment Managed Network Solutions shall repair any equipment owned by Managed Network Solutions at no charge to Customer provided that damage is not due to misuse, abuse or other disaster including acts of Gold. If additional equipment, including but not limited to, monitors, 8. IP Address and Domain Name Registration Managed Network Solutions will allocate IP addresses to Customer according to InterNIC guidelines. All IP addresses assigned by Managed Network Solutions must be relinquished by Customer upon the expiration, termination or cancellation of this Agreement II) address shall be subject to the IP policy In the AUP. If Customer requests, Managed Network Solutions will register an available domain name on behalf of Customer, and sudr registration shall be subject to rules promulgated by the domain name registrar, which may be amended from time to time and are presently posted at Regisber.oom or Vensign at httoWwww.nertsol.com/en USAemaVstaticseMce- aoreementihtml.Customer Is responsible for payment and maintenance of domain name registration. 9. Termination Customer may terminate data and or Internet before the end of the term selected by Customer on the first page of this Agreement; provided, however, 9 Customer terminate Service before the tern selected by Customer (except for breach by Managed Network Solutions), or Managed Network Solutions terminates Services for Customer's breach of this Agreement or the AUPS, Customer may be subject to a termination liability. The termination liability shall equal 300% of the monthly recumng charges for the terminated services multiplied by the number of full months remaining In the Initial tens commitment and is due upon termination. After the Initial term, this Agreement shall automatically renew, on a one-year basis unless customer notifies Managed Network Solutions in writing no later than 30 days prior to the expiration date. 10. LIMITATION OF LIABILITY. MANAGED NETWORK SOLUTIONS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL MANAGED NETWORK SOLUTIONS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. MANAGED NETWORK SOLUTIONS SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NELGLIGENCE OF MANAGED NETWORK SOLUTIONS. UNDER NO CIRCUMSTANCES WILL MANAGED NETWORK SOLUTIONS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS ARISING FROM THIS AGREEMENT. MANAGED NETWORK SOLUTIONS'S MAXIMUM LIABILITY TO CUSTOMER ARISING UNDER THIS AGREEMENT SHALL BE THE LESSER OF $5,000.00 OR THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR SERVICES HEREUNDER. 11. AWanmppt Customer may not assign, in whole or in part, this Agreement without the prior written consent of Managed Network Solutions, which consent '~3 Ole may be withheld In Managed Network Solutions' discretion. Managed Network Solutions may assign this Agreement and Service may be provided by one or more legally authorized Managed Network Solutions affiliates. 12. WARRANTIES EXCEPT AS PROVIDED HEREIN, THERE ARE NO AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND MANAGED NETWORK SOLUTIONS DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. MANAGED NETWORK SOLUTIONS MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 13. INDEtltlIIY Customer shall Indemnify and hold Managed Network Solutions and its respective affiliates, subcontractors, employees or agents harmless (Including payment of reasonable attorneys fees) from and against any claim, actions or demands relating to or arising out of Customer's use of the Service Including without limitation (I) any content or software displayed, distributed a otherwise disseminated by the Customer, its employees, a users of the Services, (if) any claim that Customer's use of the Service Including the registration and maintenance of Customer's selected domain name(s), infringes on the patent, copyright, trademark or other Intellectual property right of any third party, (ill) any malicious act or act In violation of any laws committed by Customer, Its employees or users using the Services; and/or (iv) violation by Customer, Its employees or authorized users of the Managed Network Solutions AUPS. 14. Yrises Content usto r IMOrnmiti Software or content obtained from the use of Service may contain viruses or other harmful features and Customer Is solely responsible fa protecting Its equipment and software from such matters. Through the use of the Service, Customer may obtain or discover content that is offensive or Illegal and Customer assumes the risk and Is solely responsible for Its access to such content. Managed Network Solutions may disclose Customer Information to law enforcement or to any Managed Network Solutions affiliate. 15. Mlsoalla~us This Agreement, the tariffs, the documents referenced herein, and the AUPs constitute the entire agreement between Managed Network Solutions and Customer fa the Services and equipment provided herein. The invalidity or unenforceabllity of any term or condition of this Agreement shall not affect the validity a enforceability of any other provision. This Agreement may be modified, waived or amended only by a written Instrument signed by the parties; provided Managed Network Solutions may modify the AUP and If Customer continues to use the Service, Customer shall be bound by such AUP as modified. The rights and obligations of the parties under this Agreement shall be governed by the laws of the State of Texas. The failure by either party to exercise one or more rights provided In this Agreement shall not be deemed a waterer of the right to exercise such right in the future. Notices required by this Agreement shall be In writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mall, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the parties at the addresses on the first page of this Agreement, or as specified by subsequent written notice delivered by the party whose address has changed. 16. Regulatory Authority-Force Ma' u This Agreement and the obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as amended. In no event shall either party have any claim against the other for failure of performance If such fallure Is caused by ads of God, natural disasters Including fire, flood, or winds, civil or military action, Inducing riots, dvil Insurrections or ads of terrorists or the taking of property by condemnation. -'k ~✓'r~u't roc MON0610 NETWORK SOLUTIONS, INC. Design. Integration. Management Brazos County Managed Network Solutions is pleased to offer the following: Cat 5e Cable Drops Nine (9) Cat 5e cable drops in the Brazos County Court House. Location of drops as per customer request. Cable drops to be labeled and tested. Color of the Cat 5e cable to be per customer request. Total cost of the nine (9) Cat 5e cable drops is $1,600. Internet Access One (1) Mbps of Internet access at $400 / month. Additional Mbps of bandwidth may be purchased at $400 per Mbps per month. Term of the Internet Access portion of this agreement is month to month. Equipment Two (2) 100 Mbit Multi-mode media converters. Cost of Media converters: $120 each. Date: 10125t kux President Managed Network Solutions 120 N Main Bryan, TX 77803 Date: 16'212j-,1ZO0J- Managed Network Solutions, Inc. • 120 N. Main St. • Bryan, TX 77803 USA • Main Otc 979-393-9898 • Fax 979-393-9899 www.managednetworks.com {II{( a~ OFFICE of the ATTORNEY GENERAL GREG ABBOTT Texas VINE 2006 ANNUAL MAINTENANCE GRANT CONTRACT Brazos County ~3 M 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 (SAVNSI. 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 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 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 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 accurately reported 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 TWELVE THOUSAND NINE HUNDRED FORTY and NO/100 ($12,940) DOLLARS The parties stipulate and agree that any act, action or representation by either party, 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 X13 a54 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 Governor'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 6 Agency(ies)" shall be expanded to read "Federal or State Grant Agency(ies)." All 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. 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. 5. Invoice for Reimbursable Cost 7 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 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 8 vi1 ~3'ui X57 with the same funding source, in amounts necessary to fulfill the repayment obligations of the COUNTY. 6. AGREEMENTTERM 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 grant contract. 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 Parry 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 parry. 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 terms 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 and distribute, at no additional cost to the OAG, in any manner the OAG deems 9 13 Z9 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 must provide the means whereby authorized personnel have the ability to audit and to 10 ~ 3 t r, 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 will not be considered or permitted to be an agent, servant, joint venturer, joint 11 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 Parry 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. 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 parry'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. 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 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 12 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 (c) 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 Attorney General or his designee Brazos County, Texas Randy1 County Date: ic~j2s /u--L;,5 13 a~a 731,4 Exhibit R-01 FY06 Maintenance Renewal Automated Victim Notification Services Brazos County September 1, 2005 to February 28, 2006 Category 19: L 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. Standard Discount Discount Months of Total Amount 20 Rate" Amount Total Annual Service Renewal: $32,350 20% $6,470 $25,880 6 $12,940 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. 19 based on the size category of the county listed in Service Price: L County Standard Pricing Guide of the Vendor Certification 20 based on the size category of the county and the related price listed in Service Price: I County Standard Pricing Guide of the Vendor Certification 21 based on the number of counties participating as defined in Service Price: IV. Discounts for Annual Service of the Vendor Cerr(cation Exhibit R-01 FY06 Maintenance Renewal - 9/30/2005 2005 HSGP - 48041 - Brazos County GOVERNOR'S DIVISION OF EMERGENCY NOTICE OF SUB-RECIPIENT AWARD MANAGEMENT (GDEM) FOR HOMELAND SECURITY GRANT PROGRAM Brazos County (HSGP) 1. SUB-RECIPIENT NAME AND ADDRESS: 4. SUB-AWARD NUMBER:2005 HSGP -48041 Brazos County 300 East 26th Street, Suite #114 5. PERFORMANCE PERIOD: FROM OCT 1, 2004 - DEC 30, 2006 Bryan, TX 77803 BUDGET PERIOD: FROM OCT 12004 -DEC 30, 2006 2. FEDERAL GRANT TITLE: 6. DATE OF FEDERAL AWARD TO GDEM: HOMELAND SECURITY GRANT PROGRAM AUGUST 27, 2005 3A. FEDERAL GRANT AWARD NUMBER: 7. AMOUNT OF SUBAWARD: 2005-GE-T5-4025 $235,000.00 3B. FEDERAL GRANTING AGENCY: 8. SUBAWARD DATE 10. ACTION OFFICE FOR DOMESTIC PR$PAREDNESS (ODP) OCTOBER It, 2005 INITIAL AWARD DEPARTMENT OF HOMELAND SECURITY HS 9. SPECIAL CONDITIONS This Subaward is subject to the ODP FY 2005 Homeland Security Grant Program Guidelines and Application Kit The Guidelines and Kit can be accessed at http://www.ojp.gov/fundopps.htm The ODP periodically publishes information Bulletins to release, update, amend or clarify grants and programs which it administers. ODP's Information Bulletins can be accessed at http://www.ojp.usdoj.govlodp(docs(bulletins.htm and are incorporated by reference into this Subaward. This Subaward is also subject to the current Texas Homeland Security Grant Program (HSGP) Grant Instructions, the Federal Grant Award and to the grant guidance imposed upon GDEM by DHS. The current Texas HSGP Grant Instructions can be accessed at http://www.texasdpa.info. The Texas Grant Instructions are intended to complement rather than replace the Federal Program Guidelines published by the ODP and are incorporated b reference into this Sub-award together with the attached Special Conditions. 10. STATUTORY AUTHORITY FOR GRANT This project is supported under Public Law 108-334, the Department of Homeland Security Appropriations Act of 2005. 11. A-133 REPORTING REQUIREMENT: All sub-recipients must submit an audit report to the Federal Audit Clearinghouse if they expended more than $500 000 in federal funds , in one fiscal year. The Federal Audit Clearinghouse submission requirements can be found at http://harvester.census.gov/sad. A report must be submitted to GDEM - SAA each year this grant is active. Sub-recipient shall comply with the audit requirements set forth in OMB Circular A-133. 12. METHOD OF PAYMENT Primary method is reimbursement See the 2005 Texas Homeland Security Grant Program Guidelines for further instructions on obtaining reimbursement 2005 Guide will be sent under separate letter 13. DEBARMENT / SUSPENSION CERTIFICATION: By signing in block 19 below, the sub-recipient official certifies the jurisdiction is not presently debarred, suspended, proposed for debarment declared ineligible or voluntarily excluded b any federal department or agency at htti)://www.epls.gov. 14. NON-SUPPLANTING CERTIFICATION: By signing in block 19 below, the sub-recipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub-recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. AGENCY APPROVAL SUB-RECIPIENT ACCEPTANCE 15. APPROVING GDEM OFFICIAL 17.TYPED NAME AND TITLE OF AUTHORIZED Jack Colley, Chief SUB-RECIPIENT OFFICIAL Division of Emergency Management Office of the Governor C T~cI~~ FICIAL 16. SIGNATURE OF ROVING GDD EMMM O 18. SIG ATU IZED 19. DATE F C ~ REC INTO CIAL ~J (0 JZ5-2uvs' 20. AWARD BREAKDOWN CFDA 97.008 UASI 2005 $ 0.00 CFDA 97.073 SHSP 2005 $110,000.00 CFDA 97.074 LETPP 2005 $125,000.00 CFDA 97.07I MMRS 2005 $ 0.00 CFDA 97.053 CCP 2005 $ 0.00 2005 SHGP Notice of Sub-Recipient Award Page 1 of 6 2005 HSGP - 48041 - Brazos County GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT (GDEM) NOTICE OF SUB-RECIPIENT AWARD HOMELAND SECURITY GRANT PROGRAM FOR Brazos County NUMBER 2005 HSGP-48041 SPECIAL CONDITIONS 1) Purpose: Sub-grant funds will be used to provide law enforcement and emergency response communities with enhanced capabilities for preparing and responding to the potential threats of manmade and natural disasters. 2) Overview: Funds provided shall be used to provide law enforcement and emergency response communities with enhanced capabilities for detecting, deterring, disrupting, and preventing acts of- terrorism as described in the Federal Program Guidelines, specifically: planning, equipment, training and exercise needs. All costs under these categories must be eligible under OMB Circular No. A-87 Attachment A, located at http://www.whitehouse.gov/omb/Circulars/index.html. 3) The Notice of Sub-recipient Award is only an offer until the sub-recipient returns the signed copy of the Notification of Sub-recipient Award in accordance with the date provided in the transmittal letter. 4) Sub-recipient agrees to comply with the applicable financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide located at http://www.ojp.usdoj.gov/oc/. 5) Sub-recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide. 6) Sub-recipient agrees to make no request for reimbursement prior to return of this agreement and signed by the authorized sub-recipient representative. 7) Sub-recipient agrees to make no request for reimbursement for goods or services procured by sub-recipient prior to the performance period start date of this agreement. 8) Sub-recipient agrees to comply with the U.S. Department of Homeland Security Fiscal Year 2005 Homeland Security Grant Program Guidelines and Application Kit and the Notice of Award from ODP to GDEM. 9) Sub-recipient agrees to monitor the activities of program participants as necessary to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that performance goals are achieved. 10) Notwithstanding any other agreement provisions, the parties hereto understand and agree that GDEM's obligations under this agreement are contingent upon the receipt of adequate funds to meet GDEM's liabilities hereunder. GDEM shall not be liable to the Sub-recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub-recipient Award. 11) Projects identified in the Domestic Preparedness Assessment website (www.texasdpa.com) must identify and relate to the goals and objectives indicated by the applicable Texas Homeland Security Strategic Plan for the grant period of performance. 12) Sub-recipient agrees to comply with all reporting requirements and shall provide such information as required to GDEM for reporting as noted in the 2005 Federal Grant Guidelines. 13) Sub-recipient must prepare and submit quarterly performance reports to GDEM for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. Sub-recipient may also be required to submit additional information and data requested by GDEM. 2005 SHGP Notice of Sub-Recipient Award Page 2 of 6 2005 HSGP - 48041 - Ttra7.nc Cnnnty 14) GDEM may perform periodic reviews of sub-recipient performance of eligible activities and approved projects. These reviews may include, without limitation: performance of on-site audit and compliance monitoring - including inspection of all grant-related records and items, comparing actual sub-recipient activities to those approved in the sub-award application and subsequent modifications if any, ensuring that advances have been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances, information provided on performance reports and payment requests, needs and threat assessments and strategies. 15) GDEM may suspend or terminate sub-award funding, in whole or in part, or other measures may be imposed for any of the following reasons: failing to comply with the requirements or statutory objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the sub-award application, failing to follow grant agreement requirements or special conditions, failing to submit required reports, filing a false certification in the application or other report or document. 16) GDEM will close a sub-award after receiving sub-recipient's final performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported infortation, and reconciling actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the sub-recipient is owed additional funds, GDEM will send the final payment automatically to the sub-recipient If the sub-recipient did not use all the funds received, GDEM will issue an invoice to recover the unused funds. 17) Sub-recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of ODP. 18) The sub-recipient agrees that all allocations and use of funds under this grant will be in accordance with the Fiscal Year 2005 Homeland Security Grant Program Guidelines and Application Kit and must support the goals and objectives included in the State Homeland Security Strategy and the Urban Area Homeland Security Strategies. 19) When implementing the Office of State and Local Goverment Coordination and Preparedness (SLGCP) funded activities, the sub-recipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as amended. The sub-recipient is required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services regarding the development of proposals and budgets and conducting SLGCP funded activities. 20) The sub-recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: `This Document was prepared under a grant from the SLGCP, United States Department of Homeland Security. Point of view or opinions expressed in the document are those of the authors and do not necessarily represent the official position or policies of SLGCP or the U.S. Department of Homeland Security.' 21) The sub-recipient agrees that any equipment purchased with grant funding shall be prominently marked as follows: `Purchased with funds provided by the U.S. Department of Homeland Security.' Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 22) The sub-recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 23) Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by GDEM prior to obligation or expenditure of such funds. 24) Sub-recipient acknowledges that SLGCP reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a recipient or sub-recipient purchases ownership with Federal support. The Recipient agrees to consult with SLGCP regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 25) Sub-recipient shall provide the assurances required by ODP. Failure to comply may result in the withholding of funds, termination of the award or other sanctions. 2005 SHGP Notice of Sub-Recipient Award Page 3 of 6 2005 HSGP - 4904 1 _ Rra7ns 26) Sub-recipient must register as a user of the Texas Regional Response Network (TRRN) and identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams/response units equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. 27) Sub-recipients must implement the National Incident Management System (NIMS) at the local level. The requirement to train personnel on the IS-700 course, National Incident Management System (NIMS), An Introduction, has been extended into FY 06. Grant recipients should still complete the following other four aspects of this task no later than October 1, 2005: (1) Formally recognize the NIMS and adopt the NIMS principles and policies, (2) Establish a NIMS baseline by determining which NIMS requirements are met (3) Establish a timeframe and (4) Develop a strategy for full NIMS implementation and institutionalize the use of the Incident Command System (ICS). 28) Sub-recipients must maintain an updated inventory of equipment purchased through this grant program 29) Sub-recipient may request an advance for expenditures incurred under this program Requests must be made in writing from the chief elected official and submitted to GDEM. Letters for advance payments must be certified by the financial officer of the sub-recipient organization. GDEM will make the determination whether an advance will be made. Conditions for use and reporting of the advance payments will be available with the forms. If a sub-recipient is approved for an advance, the funds must be deposited in a separate interest hearing account and are subject to the rules outlined in the Uniform Rule 28 CFR Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at http://www.access.gpo.gov/narakfr/waisidx_04/28cfrv2_04.htm1 and the Uniform Rule 28 CFR Part 70, Uniform Administrative Requirements for Grants and Agreements (including sub-awards) with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations, at http://www.access.gpo.gov/nara/cfr/waisidx_03/28cfr70_03.hbW . Any interest earned in excess of $100 must, on a quarterly basis, be remitted to: United States Department of Health and Human Services Division of Payment Management Services P.O. Box 6021 Rockville, MD 20852 Sub-recipients must report any interest remitted to GDEM. 30) Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third business day following the date of mailing. Notices sent by overnight courier shall be deemed received the following business day. TO : Sub-recipient address TO: Jack Colley, Chief Division of Emergency Management Office of the Governor PO Box 4087 Austin, TX 78773-0220 2005 SHGP Notice of Sub-Recipient Award _~3 ;Z/ 7 Page 4 of 6 74 159 Act-52 (Rev. 12/98) (Ra 98/5) DIRECT DEPOSIT AUTHORIZATION INSTRUCTIONS • Use only BLUE or BLACK ink. • Alterations must be initialed. • Financial institution must complete Section 4. TRANSACTION TYPE For Comptroller's use only • Section 7 must be completed by the paying state agency • Check all appropriate box(s). ® New setup (Sections 2, 3 & 4) ❑ Change financial institution (Sections 2, 3 & 4) O ❑ Cancellation (Sections 2 & 3) ❑ Change account number (Sections 2, 3 & 4) tu' E] Interagency transfer (Sections 2 & 3) El Change account type (Sections 2, 3 & 4) W `r' ❑ Exemption (Sections 2 & 5) PAYEE IDENTIFICATION N I.Social Security number or .d g Federal Employer's Identification (FEB 7 1. 4 1 6 1 0 1 0 1 2. Mail code (if not known, will be 0 1 4 1 3 3 completed by Paying State Agency) O 3 8 ; O 3. Name 4. Business phone number: r. Brazos County (979) 361-4350 ti 5. Street address 6. City 7. State 8. zlP code 300 East 26th Street, Suite #314 Bryan TX 77803 AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATION 9. Pursuant to Section 403.016, Texas Government Code, I authorize the Comptroller of Public Accounts to deposit by electronic transfer payments owed to me by the State of Texas and, if necessary, debit entries and adjustments for any amounts deposited electronically in error. The Comptroller ro shall deposit the payments in the financial institution and account designated below. 1 recognize that if I fail to provide complete and accurate infanna- z tion on this authorization form, the processing of the form may be delayed or that my payments may be erroneously transferred electronically. O U I consent to and agree to comply with the National Automated Clearing House Association Rules and Regulations and the Comptroller's roles about W Electronic transfers as they exist on the date of my signature on this form or as subsequently adopted, amended or repealed. uthorized signature 11. Printed name l2. Date Terri White 11/14/05 FINAN4tIAL INSTITUTION (Must be coWleted by #nancial institution representative.) 13. ame 14. City 15. State Citibank Texas Bryan Texas 16. Routing transit number 17. Customer account number (Dashes required ❑YES) 18. Type of account L l 1 1 1 3 1 1 1-I 9 1 3 1 5 1 3j-[ 2 0 13 12 16 9 12 0 12 0 4 I ®Cheeking El Savings U 19. Representative name (Please print) 20. Title Kath L ch Commercial Banking Officer 21. Representative signature (Optional) 22. Phone number 23. Date 979 260-4320 EXEMPTION: I claim exemption and request payment by state warrant (check) because: z 24. ❑ I hold a position that is classified below group 8 in the position classification salary schedule. O 25. ❑ I am unable to establish a qualifying account at a financial institution. U 26. El I certify that payment by direct deposit would be impractical and/or more costly to me than payment by warrant. W 27. Authorized signature 28. Printed name 29. Date CANCELLATION BY AGENCY e 30. Reason 3I. Dale U W PAYING STATE AGENCY 32. Signature 33. Printed name r z O 34. Agency name 35. Agency number W L-L-L I 36 Comments 37 Phone number 38. Date ltl~ 2~5 KAY HAMILTON County Treasurer Brazos County Courthouse 300 E. 26th, Suite 313 MEMORANDUM DATE: TO: FROM: October 21, 2005 Randy Sims, Brazos County Judge Lloyd Wasserman, Commissioner Pct. 1 Duane Peters, Commissioner Pct. 2 Kenny Mallard, Commissioner Pct. 3 Carey Cauley, Commissioner Pct. 4 O "a i o , raZ6144uny Treasurer RE: The following agenda items: (1) Approve the Annual Payroll and (2) Direct the Payroll Fund to the General Fund ail-l (1) Approval of the Brazos County Payroll for Fiscal year 2006 (10/01/05-9/30/06) SALARY AND WAGES $ 26,213,733.00 BENEFITS 9,588,817.03 TOTAL $ 35,802,550.03 (2) Directs by order that the money that otherwise would be deposited in a salary fund (created by Chapter 154 of the Local Government Code) be deposited in the general fund of Brazos County. 154.007. Use of General Fund Instead of Salary Fund (a) At its first regular meeting in the first month of each fiscal year, the commissioners court may direct, by order entered in its minutes, that all money that otherwise would be deposited in a salary fund created under this chapter shall be deposited in the general fund of the county. (b) In a county in which the order is adopted, a reference in this chapter (154) to a salary fund means the general fund. Acts 1987, 70th Leg., ch. 149, 1, eff. Sept. 1, 1987. Cc Katie Conner Candy Gallego Bryan, Texas 77803 (979) 361-4340 13 J' 'A ms, County Judge date BRAZOS COUNTY BRYAN, TEXAS ORDER NO. 05-009 DIRECTING THE PAYROLL FUND TO THE GENERAL FUND IT IS HEREBY ORDERED by the Commissioners Court of Brazos County that all money that would otherwise be deposited in a salary fund created under Chapter 154 of the Local Government Code shall be deposited in the general fund of Brazos County. This Order is adopted pursuant to § 154.007 of the Local Government Code. s ADOPTED this 25d' day of October, 2005, by a vote of ~ ayes and 0 nays. ATTEST: Karen McQueen, County Clerk Office of the County Judge 300 East 26'" St. Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 ° 3 A/(0 YM.~B,MagOO AryD wn lwwe q APd NSV31 SIH1 dO ltlVd 3UV 403tl3H 301S 3Stl3A3H 3Hl d0 SNOWONOO CIW SMU-IVNOLL100V 3Hi1 . NNL ~ aALL wwMdg Nd1V110dVW NW H C ~9N't111 •PeeMj"lo W"q us som s" owns w pazPw my Nw WMl 804 049 Is w IW WAM PMAVV 'SAogo mm Nq eta Agon"ggqeeuaa-uw1. N Not p41 PNMNPM pw view= P" Nu060 M.10 Pw.wM Pu. 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