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HomeMy WebLinkAbout2006-06-27-9:00AM-REGULARy" .R,nTFv EA, bit: BRAZOSCOUNTY °n rrree - . BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 27 JUNE 2006 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 - Judge Sims. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 23: 3. Budget Amendment 05/06-38.1 thru 05/06-38.14. 4. Personnel Change of Status. 5. Payment of Claims. 6. Status of the Ban on Outdoor Burning as established by Brazos County Order 06-003, and possible action. 7. Cancellation of the Commissioners Court regular session for 4 July 2006. 8. Approval of the United States Department of Justice's proposed consent decree, judgment and order. 9. Agreement with Bickerstaff, Heath, Pollan & Caroom, L.L.P. for legal assistance with voting rights issues. 10. Custom Programming Proposal from TSG for enhancements to JusticeWeb. Office of the County Judge • 300 East 2dh St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 3614503 YUL 8 PAGE 1 'tg Commissioners Court Agenda 27 June 2006 Page 2 11. Agreement with the Texas Health and Human Selv:" Commission for the Brazos County Detention Center's participation in the Special Nutrnioe! Programs for the 2006- 2007 academic year. 12. Tax Refund Applications for the following: a. Rollen L. & Margaret Lipscomb d. Lyles Milton Burch, Jr. b. John H. Medina e. Roscoe Robert Jr. & Nancy Harvey c. Barbara A. Robillard 13. Commissioners Court minutes for the following 2006 dates: a. 28 March 2006 Workshop Session d. 18 April 2006 Regular Meeting b. 4 April 2006 Regular Meeting e. 19 April 2006 Workshop Session c. I 1 April 2006 Regular Meeting f 25 April 2006 Regular Meeting 14. Information Security Policies for incorporation into the new Brazos County Employee Handbook. 15. Exemption from competitive bidding for Unisys based on Local Government Code 262.024(a)(4) Professional Services (architect, engineering, design build). 16. Approval of Unisys for the relocation and renovation of the new IT Building. 17. Committee for the selection of RFP 2006-035 - Lease Space for Community Emergency Operations Center for Brazos County, the Cities of Bryan and College Station, and Texas A&M University, consisting of the following individuals: a. Chuck Frazier - Brazos County b. Brian Hilton - City of College Station c. Nate Sivils - City of Bryan d. Chris Meyer - Texas A&M University 18. Payment to Texas Communications for Soil Report / Core Drilling at Millican for the Communications Tower. 19. Replat of Indian Lakes Phase 4, lot 28-R, block 9, 3.156 acres (volume 6220, page 120, Official Records of Brazos County), J. M. Barrera survey, A-69, Brazos County, Texas. Site is located in Precinct 1. 20. Permission to enter Mervin D. Peters' property located off Wilcox Lane for the purpose of creating a temporary workspace during replacement of the existing bridge structure on Wilcox Lane at Wickson Creek; for the health, safety and welfare of the general public. Site is located in Precinct 2. 21. Acceptance of a Special Warranty Deed from Mervin D. Peters for improvements to Wilcox Lane located in Precinct 2. VOL ~ PAGE 49 Commissioners Court Age.:.-- 27 June 2006 Page 3 22. Payment Authorization in the an,. of $148.48 to Automated Business Systems, Inc. for a tri-color ink roller for the checi. ^ning machine in the Treasurer's Office. Purchase order was in place for the maintenance 1, rfnrmed on this machine but did not include the roller, which was ordered in conjunction with chat service call. 23. Request to Sponsor the 2007-2008 Texas Community Development Program Application on behalf of the Riverside Wastewater Treatment Facility. 24. Acknowledgement of certificates of completion for the required course of training on the Texas Public Information Act and the Texas Open Meetings Act for the following elected officials: a. Randy Sims b. Duane Peters c. Kenny Mallard, Jr d. Carey Cauley, Jr. e. Marc Hamlin f. Karen McQueen g. Kay Hamilton 25. Announcement of interest items and possible future agenda topics. 26. Call for citizen input and/or concerns. 27. Agency / Board / Committee reports by Court members. 28. 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. VOL 91 PAGE_ 150 COMMISSIONERS' COURT REGULAR MEETING JUNE 27, 2006 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, June 27, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #05/06-38.1 through 38.14 that would reallocate funds for Jail Administration, 361st District Court (2), Road and Bridge Department, Constable, Precinct 2, Juvenile Services (2), Extension Service, Sheriff's Department, County Clerk, 361st District Court; transfer funds from Contingency to the Sheriff's Department, Court Support Costs; and recognize the Vol 91 Page t 61 Commissioners Court meeting June 27, 2006 2 revenue increase in the MPO budget. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as submitted. Commissioner Peters pointed out that the budget amendment for Juvenile Services should not have included armored car funds. Then On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to exclude amendment 38.5 from approval. A copy of the approved amendments 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 Cauley, seconded by Commissioner Peters, 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: 7020707 through 7020972 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter for consideration by the Court was the cancellation of the Burn Ban established by Brazos County order 06-003. Commissioner Mallard moved to lift the ban. Vol 81 Page 15a Commissioners Court meeting June 27, 2006 3 Commissioner Peters seconded the motion. Chuck Frazier, Emergency Management Coordinator, reported the KBDI was at 429 with the southern portion of the county being above 500. The fire chiefs would like to see the ban continue through the 4th of July. Demetrios Basdekas stated he respected the Court's decision but suggested that the Court give the County Judge the authority to cancel the ban when conditions change so that they don't have to wait on the Court again to do so. There were no "Aye" votes. Commissioners Wassermann, Peters, Mallard, Cauley and the County Judge voted "No". The motion to lift the burn ban failed. The Court next considered the cancellation of the Commissioners Court meeting for July 4, 2006. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to cancel the meeting. The next matter before the Court was consideration of the United States Department of Justice's proposed Consent Decree, Judgment and Order. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to approve the document. A copy is attached. The Court next considered entering into agreement with Bickerstaff, Heath, Pollan & Caroom, L.L.P. for assistance on voting Rights issues. The billing rate for legal services will Vol 91 Page 152) Commissioners Court meeting June 27, 2006 4 be $250.00 per hour plus all out of pocket expenses. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to enter into agreement with Bickerstaff, Heath, Pollan & Caroom, L.L.P. for assistance on Voting Rights issues. A copy of the Agreement is attached. The next matter before the Court was a proposal for enhancement to the JusticeWeb. Once implemented, the proposal will allow members of the public to view the imaged documents in the District Clerk's file over the internet. Cost to Brazos County will be $3,937.50. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the proposal. A copy is attached. The Court next considered entering into agreement with the Texas Health and Human Services Commission to participate in the Special Nutrition Programs to benefit the Brazos County juvenile detainees. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into agreement with the Texas Health and Human Services Commission and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. The next matter for consideration was approval of tax refund applications from the following individuals and/or Vol 8~ Page 1,54 Commissioners Court meeting June 27, 2006 5 companies: a) Rollen L. & Margaret Lipscomb, Over Payment $277.53 b) John H. Medina, Over Payment $160.70 c) Barbara A. Robillard, Over Payment $10.99 d) Lyles Milton Burch, Jr., Over Payment $35.34 e) Roscoe Robert Jr. & Nancy Harvey, Over Payment $274.39 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of the minutes of the Commissioners' Court meetings held in March and April 2006 on the following dates: Regular Meetings April - 4th, 11th 18th 25th Workshop Sessions March - 28th April 19th On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the minutes as submitted. The next matter before the Court was consideration of Information Security Policies for incorporation into the new Brazos County Employee Handbook. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the policies. A copy is attached. The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024(a)(4), Professional Services for Unisys. On motion by Vol CC I Page 55 Commissioners Court meeting June 27, 2006 6 Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the Exemption of Competitive Bidding Requirements. The next matter before the Court was consideration of Unisys for the relocation and renovation of the new IT Building. Building cost is estimated at $999,103.00. Commissioner Peters suggested talking to Brazos Transit about reimbursement of expenses because the office is being relocated due to the construction of the parking garage. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve using Unisys for the relocation and renovation of the new IT Building. A copy of the budget is attached. The Court next considered the selection of individuals to serve on the committee to consider RFP 2006-035, Lease Space for Community Emergency Operations Center for Brazos County, City of Bryan, City of College Station and Texas A&M University. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to appoint the following individuals to serve on the committee: Chuck Frazier, Brazos County Brian Hilton, City of College Station Nate Sivils, City of Bryan Chris Meyer, Texas A&M University Vol SI Page 15(e Commissioners Court meeting June 27, 2006 7 Then Commissioner Mallard asked to amend the motion to include himself, Ben Hardeman, City of Bryan, Ben White, City of College Station and James Massey, Texas A&M University. Commissioner Peters seconded the motion to include the above named individuals on the committee. The next matter before the Court was consideration of a payment authorization to Texas Communications for Soil Report/Core Drilling at Millican for the communications tower. The payment authorization is in the amount of $4,333.33. Or motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. The Court next considered approval of the Re-Plat of Indian Lakes Phase 4 Lot 28-R, Block 9, 3.156 Acres in Precinct 1 Richard Vance, County Engineer, stated that he had reviewed the plat and found it to be in order. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the re-plat of Indian Lakes Phase 4 Lot 28-R, Block 9, 3.156 Acres as submitted. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Mervin D. Peters Vol 8I Page 15-7 Commissioners Court meeting June 27, 2006 8 on Wilcox Lane in Precinct 2 to create a temporary workspace during replacement of the existing bridge structure on Wilcox Lane at Wickson Creek. Commissioner Mallard moved to authorize the work. Commissioner Cauley seconded the motion. Commissioners Wassermann, Mallard, Cauley and the County Judge voted "Aye". Commissioner Peters abstained because he is related to Mr. Mervin Peters. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Wilcox Lane in Precinct 2. Commissioner Mallard moved to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Mervin D. Peters for the expansion and improvements to Fickey Road. Commissioner Cauley seconded the motion. Commissioners Wassermann, Mallard, Cauley and the County Judge voted "Aye". Commissioner Peters abstained because he is related to Mr. Mervin Peters. The next matter before the Court was a payment authorization in the amount of $148.48 to Automated Business Systems, Inc. issued by the Treasurer's office. A purchase order was issued for the routine maintenance amount but during the maintenance it was determined that an additional expenditure would be needed on motion by Commissioner Vol 91 Page 159 Commissioners Court meeting June 27, 2006 9 Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve The Court next considered a request to sponsor the 2007- 2008 Texas Community Development Program Application on behalf of the Riverside Wastewater Treatment Facility. Diane Davis spoke on the history of the sewer system. There are problems with the plant. It is old, the PVC pipe needs to be replaced. Something needs to be done for the long term. This is a private system now that will evolve into a public non-profit system. Since this is a reimbursement grant, the County will not be out any money. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to sponsor the 2007-2008 Texas Community Development Program Application on behalf of the Riverside Wastewater Treatment Facility. The Court acknowledged receipt of Certificates of Completion for the required course of training on the Texas Public Information Act and the Texas Open Meetings Act for the followi a) b) C) d) e) f) g) ng elected officials: Randy Sims Duane Peters Kenny Mallard, Jr. Carey Cauley, Jr. Marc Hamlin Karen McQueen Kay Hamilton Vol W1 Page t59 Commissioners Court meeting June 27, 2006 10 Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Asked to have a Workshop to discuss space at the First Baptist Church building. He thanked Carlos Guitron, Director of Building Maintenance for all his work on the project. Under citizen input and/or concerns, the following spoke: Kay Hamilton, Treasurer a) Asked about a personnel policy handbook and if the Information Security Policy is effective as of today. She was told that it was. Under Agency/Board/Committee reports by Court members, the following spoke: County Judge a) Met yesterday to discuss the Animal Shelter Board Committee. The County will appoint two members. One of whom will probably be Chief Deputy Jim Mann. The other is Mr. Donald Davis who has considerable experience. b) He noted that the Workshop for 10:00 p.m. is cancelled. This was a clerical error. There being no further business to come before the Court, the meeting was adjourned. Vol T Page 140 The foregoing minutes of the Commissioners Court meeting held June 27, 2006 have been examined and are approved in open Court this the day of 2006, in Bryan, Brazos County, Texas-,1. Randy S County ac-'- Peters Commissioner, Precinct 2 t arey a 1e y, Jr. Commiss'oner, Prec'n 4 Attest: / y~ Karen McQueen County Clerk o`- k Lloyd Wassermann Commissioner, Precinct 1 Kenny Mallar Commissioner, recinct 3 Vol ~ Page l ~a BRAZOSCOUNTY COMMISSIONERS COURT J9 7'~ DAY OF 20 o& AT q,'oo W AM/PM Name Organization 60 cz VOL_ ( PAGE_) &a BRAZOSCOUNTY COMMISSIONERS COURT d7* 20 o. DAY OF AT f oo AM vI Name Organization C c'L ~o c~ VOL_ 5'-/_PAGE.../`_ln3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-38.1 thru 05/06-38.4 and NO. 05/06-38.6 thru 05/06-38.14 On this the 27'h day of June 2006 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 27 June 2006 the Court heard and approved a budget amendment for the 2005-2006 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 27°i day of June 2006. THE COMMISSIONER$4QDURT~QF BRAZOS COUNTY, TEXAS. By: Randy SiXs; County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minute VOL PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 38.1 6/27/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrea 0100 28002000 61806000 CR Travel - Inmate Transport 557 0100 28002000 71500000 DR Rental - E ui ment 557.82 Jail Admin.: To reallocate funds to allow for the payment for the annual overages on two confers. VOL 9 1 PAGE ~~5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 38.2 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22200100 67203000 DR Minor Computer Equip 900.00 0100 22200100 59100000 CR DDEA 900.00 361st District Court - To move funds to allow for the purchase of flat screen monitors. VOL ~t __PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 38.3 6/27/2006 FD DIV . ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 60500000 DR Office Equipment 2,500.00 0100 56001000 67287000 CR Radios 2500.00 I (Road and Bridge - To move funds for the purchase of radios, which are less than $500 each. I VOL 9( PAGE /.67 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 38.4 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30201100 60080000 DR Clothing/ Uniforms 375.00 0100 30201100 67286000 CR Equipment -Other 375.00 I l Constable Pct. 2 - To move funds for the purchase of body armor. Purchase is less than $500 1 VOL PAGE / 61 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 38.5 6/27/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000100 72157000 DR Counseling 1,585.00 0100 31000100 71003000 CR Armored Courier Services 2,800.00 0100 31000100 60170000 DR Co ier/Printer Supplies 500.00 0100 31000100 65450000 CR Office Equip. Maintenance 500.00 0100 31000100 60600000 DR Office Supplies 1,715.00 0100 31000100 71520000 CR Rental Vehicles 500.00 Juvenile Services - To move funds as re uested by flie department. VOL ?J PAGE 169 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 38.6 6/27/7W6 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 37000100 67286000 DR Equipment - Other 13.00 0100 37000100 --0320000 DR Equipment - Maintenance 211.00 0100 37000100 __61801000 DR Travel 700.00 0100 37000100 61620000 CR Subscriptions and Publication 13.00 0100 37000100 71502000 CR Rental - Facility 911.00 Extension Service - To move funds as requested b the department VIOL g1 PAGE 1 7 D BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 38,7 6/27/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28000100 65350000 DR Gasoline 39,000.00 0100 28000100 59100000 CR DDEA 9,000.00 0100 11001500 61130000 CR Contingency 30,000.00 Sheriffs Office - To move funds from DDEA and Contingency for expected fuel_ costs thru the end of the fiscal vear. I VOL PAGE /7/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 38.8 6/27/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 318400 51620000 DR Hourly - Overtime 3,619.00 3000 318400 53100000 DR Social Security 276.82 3000 318400 53200000 DR Retirement 396.64 3000 318400 53800000 DR Worker's Compensation 16.54 3000 318400 72157000 CR Counseling 3,429.00 3000 318400 71520000 CR Rental - Vehicles 880.00 Juvenile Services - TJPC - G - Prog ressive Sanctions 1-2-3 - To move funds within the rant as a roved b TJPC to full utilized money s available. VOL PAGE 17Q BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 38.9 6/27/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28000100 71500000 DR Rental Contracts 425.00 0100 28000100 65320000 CR Eouinment Maintenance 425.00 I ISheriff s Office - To move funds for rental contracts I I I VOL PAGE 03 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 38.10 6/27/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 130001 212100 80282000 DR Elec. Voting System 127,000.00 3000 212100 61450000 CR Miscellaneous 127,000.00 IHAVA - General Compliance - To move funds for the purchase of additional equipment. VOL RI PAG, E 17q BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 38.11 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 424100 72320000 DR Contract Services 90,532.00 130001 1 48047000 CR Grant-MPO 90,532.00 IMPO-To recognize revenue based on Resolution 2006-08 and Resolution 2006-09. 1 J VOL 9-1 PAGE V75 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 38.12 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22200100 60500000 DR Office Equipment 400.00 0100 22200100 59100000 CR DDEA 400.00 361st District Court - to move funds from DDEA to purchase additional RAM for a I I VOL 87 PAGE 17& BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 38.13 6/27/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11010000 61020000 DR Autos 100,000.00 0100 11001500 61130000 CR Contingency 100,000.00 I I Court Suaport Costs -To move funds for extraordinary autopsy costs. I I I VOLr~I PAGE 177 BRAZOS COUNTY, TEXAS BITDGET AMENDMENTS No. 05/06 - 38.14 6/27/2006 FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease 0100 21000100 67670000 DR Printers 900.00 0100 21000100 67203000 DR Minor Computer Hardware 7,100.00 0100 21000100 59100000 CR DDEA 8,000.00 I ICounty Clerk - To move funds for the purchase of computer equipment. I I I VOL 91 PAGE [79' PERSI,::`?EL CHANGE OF STATUS i:ZMJESTS Commissioner Court Date: June 27, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on I 7 Department Submitting Employee Request Action Requested Request(s) Applies To Constable Pct. 2 Lee, Terri Resignation Human Resources Juvenile Services SO/Admin. Gentry, Misty Taylor, Barbara Benavidez, Heriberto Alonzo, Lorenzo SO/Jail Aalewski, Rebecca Baker, Tiffany Sneed, Charles Step Increase Step Increase Promotion Retirement Resignation Discharged Retirement Tax Kathleen, Leatherwood Salinas, Angelica Underwood, Melissa New Hire Resignation Resignation Approved in Commissioners' Court: County Judge's or Commissioner's S (This Copy to be attached to minutes', VOL AN PAGE l79 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION THE UNITED STATES OF AMERICA, ) Plaintiff, ) V. ) BRAZOS COUNTY, TEXAS; KAREN MCQUEEN, the COUNTY CLERK, in her ) official capacity; the BRAZOS COUNTY ) COMMISSIONERS COURT; and RANDY ) SIMS, the COUNTY JUDGE, in his official) capacity, ) Defendants. ) CIVIL ACTION NO. PROPOSED CONSENT DECREE JUDGMENT, and ORDER - #7? The United States of America filed this action pursuant to Sections 208 and 4(f)(4) of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973aa-6 and 1973b(f)(4), and 28 U.S.C. § 2201, over violations of Sections 208 and 4(f)(4) arising from Brazos County's election practices and procedures as they affect the Spanish-speaking voters of Brazos County. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1345 and 42 U.S.C. § 1973j(d) and (f). Brazos County is subject to the requirements of Section 208 of the Voting Rights Act, as amended, 42 U.S.C. § 1973aa-6 ("Section 208"). Section 208 provides that "[a]ny voter who requires assistance to vote by reason of blindness, disability or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union." 42 U.S.C. § 1973aa-6. Brazos County, through its employees and agents, prevented certain limited English proficient Spanish-speaking VOL ~?_CPAGE Cgs voters from securing assistance at the polls necessary for their participation in the voting process, in violation of Section 208. Brazos County is covered under Section 4(f)(4) of the Voting Rights Act, as amended, 42 U.S.C. § 1973b(f)(4) ("Section 4(0(4)"), to provide Spanish language written materials and assistance to voters. The State of Texas, including Brazos County, has been subject to the requirements of Section 4(f)(4) since September 23, 1975. 40 Fed. Reg. 43,746; see also 28 C.F.R. pt. 51, Appendix. As a result, Brazos County has been under notice of its obligations under Section 4(f)(4) since 1975. The Department has sent Brazos County and other covered jurisdictions information regarding the bilingual election requirements of the Voting Rights Act. According to the 2000 Census, Brazos County had a total population of 152,415 persons, of whom 27,253 were Hispanic. The total voting age citizen population was 109,240, of whom 12,985 were Hispanic. Of Brazos County's Hispanic voting age citizen population, 2,360 were limited English proficient ("LEP"). Defendants have not complied with the requirements of Section 4(0(4) for Spanish- speaking citizens residing in Brazos County by failing to provide an adequate number of bilingual poll officials trained to assist Spanish-speaking voters on election day, and by failing to provide in an effective manner certain election-related information to Spanish-speaking voters. To avoid protracted and costly litigation, the parties have agreed that this lawsuit should be resolved through the terns of this Consent Decree (the "Decree"). Accordingly, the United States and Defendants hereby consent to the entry of this Decree, as indicated by the signatures of counsel at the end of this Order. The parties waive a hearing and entry of findings of fact and conclusions of law on all issues involved in this manner. Each party shall bear its own costs and fees. Q l Defendants admit that they have not fully complied with all of the provisions of Sections 4(f)(4) and 208. Defendants are, however, committed to comply fully with all of such requirements in future elections. Therefore, Defendants stipulate that each provision of this Decree is appropriate and necessary. Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that: Defendants, their agents, employees, contractors, successors, and all other persons representing the interests of Defendants are hereby PERMANENTLY ENJOINED from: a. Prohibiting "[a]ny voter who requires assistance to vote by reason of blindness, disability, or inability to read or write [to] be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union," 42 U.S.C. § 1973aa-6; and b. Failing to provide in Spanish "any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots," that they provide in English, as required by Section 4(fx4) of the Voting Rights Act, 42 U.S.C. § 1973b(f)(4). 2. The terms of this Decree apply to all federal, state, and local elections that are administered by the County. Whenever Defendants enter into an election services contract with any other entity, political subdivision, or political party to conduct an election on behalf of that entity, Defendants shall require such entity to agree to abide by the terms of this Decree as if such entity were a party to this Decree with the United States, and consistent with the responsibility of each entity to comply fully with Sections 208 and 4(fx4). VOL V PAGE 19,2, Assistors of Choice 3. Defendants shall ensure that Spanish-speaking voters are permitted assistance from persons of the voters' choice, other than the voters' employers or agents of those employers or officers or agents of the voters' unions, and that such assistance shall include assistance in the voting booth, including reading or interpreting the ballot and instructing voters on how to select the voters' preferred candidates. 4. Defendants shall ensure that in cases where a poll official is a Spanish-speaking voter's assistor of choice, all poll officials shall make certain that the voter can receive such assistance from a trained bilingual poll official who can speak Spanish fluently. Translation and Dissemination of Election-Related Materials 5. All information that is disseminated by Brazos County in English about "registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots," 42 U.S.C. § 1973b(f)(4), shall also be provided in the Spanish language. Defendants shall ensure that both English and Spanish language election information, materials, and announcements provided by Brazos County are made equally available to voters. 6. Defendants shall ensure that Spanish language election information, materials, and announcements are provided to the same extent as they are provided in English. Spanish language information shall be distributed in newspapers, radio, the Internet, and other media that exclusively or regularly publish or broadcast information in Spanish. These announcements need not be identical in all respects to English language announcements, but shall provide substantially the same information and be in the form, frequency, and media best calculated to YdL_ I._FAGE I fl3 achieve effective notice and understanding equal to that provided to the English-speaking population. Spanish Language Assistance 7. Spanish language assistance shall be available at all locations where election- related transactions are conducted. Trained bilingual (Spanish and English fluent) election personnel shall be available to answer voting-related questions by telephone without cost during normal business hours and while the polls are open on election days. 8. Defendants shall recruit, hire, and assign poll officials able to understand, speak, write, and read Spanish fluently to provide effective assistance to Spanish-speaking voters at the polls on election days. 9. Brazos County shall survey its employees to identify personnel who speak Spanish fluently and, to the extent such employees can be made available to provide assistance, allow and encourage such employees to serve at the polls on election day. The County shall request that cities, school districts, and other entities that are involved in conducting elections in Brazos County perform similar surveys of their employees. The County shall also request each school district or other educational entity within the County to devise and implement a program that allows and encourages bilingual students selected (as permitted by state law and as part of an educational program devised by such district) to serve as poll officials on election day for all County elections, including election days that fall on school days, with such students receiving all pay and benefits provided by law for such poll officials. The County shall advise counsel for the United States of any entity that does not participate fully. 10. The County shall invite eligible members of the Advisory Group, discussed below, to serve as poll officials and to encourage other bilingual voters to do so. 11. In addition to the requirements of state law, a. any election precinct in which there are 100.249 registered voters with Spanish surnames shall be staffed by at least one bilingual election official; b. any election precinct in which there are 250-499 registered voters with Spanish surnames shall be staffed by at least two bilingual election officials; C. any election precinct in which there are 500 or more registered voters with Spanish surnames shall be staffed by at least three bilingual election officials; and d. Defendants shall employ bilingual personnel, trained in Spanish language election terminology, who shall be on call and available to travel to a precinct insufficiently staffed by bilingual poll officials to provide any necessary assistance to any Spanish-speaking voter. The parties may by written agreement adjust these requirements in light of reliable information that the actual need for language assistance in a particular polling place is lesser or greater than these standards. 12. Signs in both English and Spanish shall be posted prominently at all polling places stating that Spanish language assistance is available. At sites without bilingual staff, signs in both English and Spanish shall be posted that explain how voters can obtain Spanish language assistance. 'COL 8'I PAGE 1 85 Election official training 13. Prior to each election, in addition to any required state or county training, the County shall train all poll officials and other election personnel present at the polls regarding the following: a. The provisions of Section 208, including the legal obligation to allow anyone to assist the voter at the polls, other than the voter's employer or agent of that employer or officer or agent of the voter's union; and b. The provisions of Section 4(f)(4) of the Voting Rights Act, including the legal obligation and means to make Spanish language assistance and materials available to voters, and the requirement that poll officials be respectful and courteous to all voters regardless of race, ethnicity, color, or language abilities and to avoid inappropriate comments. In addition to the general training for poll officials, the County shall train all bilingual poll officials on Spanish language election terminology, voting instructions, and other election- related issues. The County shall maintain a record of which poll officials attend training sessions, including the time, location, and training personnel involved. Response to Complaints About Poll 011ricials 14. Defendants, upon receipt of complaints by voters, whether oral or written, shall investigate expeditiously any allegations of poll official hostility toward Spanish-speaking and/or Hispanic voters in any election. The results of the investigation(s) conducted by the Defendants shall be reported to the United States within thirty (30) days. Where there is credible VOL 91 PAGE evidence that poll officials have engaged in inappropriate treatment of Spanish-speaking or Hispanic voters, Defendants shall remove those poll officials. Spanish Lanaum Election Program Coordinator 15. The County shall retain an individual or designate a County employee to coordinate the County's Spanish language election Program ("the Coordinator") for all elections within the County. The County shall provide the Coordinator with support sufficient to meet the goals of the program. The Coordinator shall be able to understand, speak, write, and read fluently both Spanish and English. The Coordinator's responsibilities shall include coordination of the translation of ballots and other election information; development and oversight of Spanish publicity programs, including selection of appropriate Spanish language media for notices and announcements; training, recruitment, and assessment of Spanish language proficiency of bilingual poll officials and interpreters; and managing other aspects of the program. Advisory Group 16. The County shall establish an Advisory Group to assist and inform the Spanish language election program Each member of the Brazos County Commissioners Court, including the County Judge, the County Clerk, and the Registrar of Voters shall each appoint one member to the Advisory Group. Members shall serve for a period of one year, and the Advisory Group shall be re-constituted each year. The Advisory Group shall be chaired by the Coordinator, who shall invite participation from all interested individuals and organizations that work with or serve the Spanish-speaking community in Brazos County to determine how to most effectively provide election materials, information, and assistance to Spanish-speaking voters and to fill any gaps in VOL 61 PAGE /9-7 public awareness about the County's bilingual election program due to past failures to provide accessible election-related information to Spanish-speaking voters: The Advisory Group shall be open to all interested persons. The County shall maintain a roster of such persons together with the telephone and facsimile numbers or e-mail addresses of each, and shall provide to each such personal notices it provides to the Advisory Group. 17. The Advisory Group shall meet at least once a month in 2006, at least quarterly in 2007, and thereafter as the Advisory Group determines is necessary. The Coordinator shall provide notice of all planned meetings to each member of the Advisory Group, including the time, location, and agenda for the meeting, at least 14 days in advance, although members of the Advisory Group may agree to waive or shorten this time period as necessary. Within five working days following each meeting, the Coordinator shall provide a written summary to all members and to the County Clerk of the discussion and any decisions reached at the meeting. If the County Clerk decides not to implement an Advisory Group suggestion or a consensus cannot be reached respecting such suggestion, he or she shall provide to the Advisory Group through the Coordinator and maintain on file a written statement of the reasons for rejecting such suggestion. 18. The County shall provide to all members of the Advisory Group and interested parties who have attended meetings of the Advisory Group copies, in English and Spanish, of all election information, announcements, and notices that are provided or made available to the electorate and general public and shall request that the members of the Advisory Group and interested parties share such information with their clients, constituents, members, or others. 19. To monitor compliance with and ensure effectiveness of this Decree, and to C_ I 1 PAGE l ~8 YOL 0 protect the Fourteenth Amendment rights of the citizens of Brazos County, the appointment of a federal examiner is authorized for Brazos County pursuant to Section 3(a) of the Voting Rights Act, 42 U.S.C. § 1973a(a), as long as the Decree is in effect. 20. Defendants shall recognize the authority of federal observers to observe all aspects of voting conducted in the polls on election day, including the authority to view County personnel providing assistance to voters during voting, except where the voter objects. Evaluation of plan 21. The parties recognize that regular and ongoing reassessment may be necessary to provide the most effective and efficient Spanish language Program. Defendants shall evaluate the Spanish language election program after each election to determine which aspects of the program are functioning well; whether any aspects need improvement; and how to affect needed improvements. The program may be adjusted at any time upon joint written agreement of the parties. Retention of Documents and Reporting Requirements 22. During the duration of this Decree, the County shall make and maintain written records of all actions taken pursuant to this Decree and shall produce copies of such records to the United States upon its request. See generally 42 U.S.C. 1974 & 1974b. 23. During the duration of this Decree, at least thirty (30) days before each County administered election held in the County, Defendants shall provide to counsel for the United States: a. the name, address, and precinct designation of each polling place; V E 91 PAGE ff9 b. the name and title of each poll official appointed and assigned to serve at each polling place, as of the date the materials are sent; C. a designation of whether each poll official is bilingual in English and Spanish; and d. an electronic copy of the voter registration list to be used in such elections. Within thirty (30) days after each election, Defendants shall provide to counsel for the United States any updated report regarding changes in items a. to c. above that occurred at the election, and provide information about all complaints the County received at the election regarding language or assistance issues, by express mail or electronically to the following address: Voting Section United States Department of Justice Civil Rights Division 1800 G Street, N.W., Room NWB-7254 Washington, D.C. 20006 Facsimile: (202) 307-3961 sean.odonnell@usdoj.gov donald.palmer@usdoj.gov Other Provisions 24. This Decree is final and binding between the parties and their successors in office regarding the claims raised in this action. This Decree shall remain in effect through August 6, 2007, and the parties further stipulate that the Decree shall be extended through March 1, 2009, if Defendants remain under a continuing federal statutory obligation to provide minority language materials and assistance after August 6, 2007. r 9D VOL PAGE 25. The Court shall retain jurisdiction of this case to enter further relief or such other orders as may be necessary for the effectuation of the terms of this agreement and to ensure compliance with Sections 208 and 4(1)(4) of the Voting Rights Act. VOL PAGE ! Agreed to this _ day of , 2006. AGREED AND CONSENTED TO: For Plaintiff. ALBERTO R. GONZALES Attorney General WAN J. KIM Assistant Attorney General Civil Rights Division DONALD J. DeGABRIELLE, JR. United States Attorney DANIEL DAVID HU Assistant United States Attorney Texas Bar No. 10131415 JOHN TANNER Chief, Voting Section SUSANA LORENZO-GIGUERE Special Litigation Counsel DONALD L. PALMER JOHN "BERT" RUSS SEAN W. O'DONNELL State Bar No. 24038639 Trial Attorneys United States Department of Justice Civil Rights Division Voting Section 950 Pennsylvania Avenue NW Room NWB-7254 Washington, D.C. 20530 Telephone: (202) 305-0827 Facsimile: (202) 307-3961 susana.lorenw-giguere@usdoj.gov sean.odonnell@usdoj.gov VOL 91 PAGE L U For Defendants Brazos Cogrfty Attorney 300 E. 26th Street, Suite 325 Bryan, TX 77803 Telephone: (979) 361-4300 Facsimile: (979) 361-4357 jkuboviak@co.brazos.tx.us RANDY SIM Brazos County udge 300 E. 26th et, Suite 114 Bryan, TX 77803 Telephone: (979) 361-4102 Facsimile: (979) 361-4503 rsims@co.brazos.tx.us c~C~coS fWWN MCQUEEN Brazos County Clerk 300 E. 26th Street, Suite 120 Bryan, TX 77803 Telephone: (979) 361-4528 Facsimile: (979) 361-4125 kmcqueen@co.brazos.tx.us VOL 91 PAGE / T3 JUDGMENT AND ORDER This Court, having considered the United States' claim under Sections 208 and 4(f)(4) of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973aa-6 and 1973b(f)(4), and having determined that it has jurisdiction over this claim, has considered the terms of the Consent Decree, and hereby enters the relief set forth above and incorporates those terms herein. ENTERED and ORDERED this _ day of , 2006. UNITED STATES DISTRICT JUDGE VOL 91 PAGE 17,4 Bickerstaff, Heath, Pollan & Caroom, L.L.P. 816 Congress Avenue Suite 1700 Austin, Texas 78701 (512) 472-8021 Fax (512) 320-5638 www.bickerstaff.com June 14, 2006 The Honorable Randy Sims Brazos County Judge 300 East 26`h Street, Suite 114 Bryan, Texas 77803 Re: Legal Services Dear Judge Sims: Thank you for selecting our law firm to represent Brazos County. We appreciate your confidence in us and will do our best to continue to merit it. The purpose of this letter, together with the enclosed "Standard Terms of Engagement," is to set out our understanding with respect to the specific terms of our relationship. Please review the Standard Terms of Engagement carefully and contact us promptly if you have any questions regarding our relationship. This letter, together with the Standard Terms ofEngagement, constitutes our agreement with you (this "Agreement") under which our services will be provided. Identity of Client We will be representing the interests of Brazos County. Nature and Scope of Representation We understand that while in the future we may from time to time be employed on other matters, our present relationship is limited to representing Brazos County as follows: Assistance on Voting Rights issues. Supervision and Delegation I will be the partner who will coordinate and supervise the services we perform on your behalf. I anticipate that Bob Heath and I will perform most of the work on this matter. We routinely delegate selected responsibilities to other persons in our Firm when, because of special expertise, time availability or other reasons, they are in abetter position to carry them out. In addition, we will try, where feasible and appropriate, to delegate tasks to persons who can properly perform them at the least cost to you. VOL 91 PAGE-/ 9 5 The Honorable Randy Sims June 14, 2006 Page 2 Financial Arrangements The enclosed Standard Terms of Engagement, together with this letter, outlines the financial terms of our engagement. Our hourly rate is $250.00 per hour. If anything in this letter or the Standard Terms of Engagement is unclear or presents a problem to you, please advise me promptly so we may discuss it and reach a full understanding. Acceptance of Terms If this arrangement is acceptable to you, please sign the enclosed duplicate original of this letter and return it to us at your earliest convenience. We truly appreciate the opportunity to be of service to you and look forward to working with you in a mutually beneficial relationship. Sincerely, David M6ndez AGREED TO AND ACCEPTED BRAZOS Title: C9Gnty Judge Date: G(( ?I0(, cc: Billing Department 401. $ l PAGE C F("0 STANDARD TERMS OF ENGAGEMENT This statement sets forth the standard terms of our engagement as your attorneys. Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with you. Therefore, we ask that you review this statement carefully and contact us promptly if you have any questions. We suggest that you retain this statement in your file. The Scope of Our Work You should have a clear understanding of the legal services we will provide. Any questions that you have should be dealt with promptly. We will provide services related only to matters as to which we have been specifically engaged. We will at all times act on your behalf to the best of our ability. Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. We cannot guarantee the success of any given matter, but we will strive to represent your interests professionally and efficiently. 2. Fees For Legal Services Our charges for professional services are customarily based on the time devoted to the matter, the novelty and difficulty of the questions presented, the requisite experience, reputation and skill requested to deal with those questions, time limitations imposed by the circumstances, and the amount involved and the results obtained. Unless otherwise indicated in writing, our fees for legal services are determined on the basis of the hourly rates of the respective lawyers and paralegals who perform the services. These rates vary depending on the expertise and experience of the individual. We adjust these rates from time to time, increasing them as the individuals gain experience and expertise and to reflect current economic conditions. We will notify you in writing if this fee structure is modified. At the present time the standard billing rates for partners in this firm are between $350.00 and $195.00 per hour; the billing rates for associates are between $195.00 and $120.00 per hour; the billing rates for paralegals are between $90.00 and $70.00 per hour, and the billing rate for law clerks is $60.00 per hour (all fees quoted are in U.S. Dollars). 3. Other Charges All out-of-pocket expenses (such as long distance telephone charges, copying charges, travel expenses, messenger expenses and the like) incurred by us in connection with our representation of you will be billed to you as a separate item on your monthly statement. We have enclosed a description of the most common expenses. 4. Billing _Procedures and Terms of Payment Our billing period begins on the 16' of the month and ends on the 15`s of the following month. We will render periodic statements to you for legal services and expenses. We usually mail these periodic statements toward the end of the month following the latest date covered in the statement. You agree to pay each statement in full in U.S. Dollars within the time fro payment t~l gt r'PataE ` 97 established by Texas Government Code Section 2251.021 (or any successor statute). Should you fail to pay any sum within such payment period, you promise to pay interest on all sums overdue in accordance with the rate and provisions specified in Texas Govennment Code Section 2251.025 (or any successor statute). For your convenience, we have attached to this letter copies of Sections 2251.021 and 2251.025 of the Texas Government Code. If you have any question or disagreement about any statement that we submit to you for payment, please contact me at your earliest convenience so that we can resolve any problems without delay. Typically, such questions or disagreements can be resolved to the satisfaction ofboth sides with little inconvenience or formality. 5. Termination of Services You have the right at any time to terminate our employment upon written notice to us, and if you do we will immediately cease to render additional services. We reserve the right to discontinue work on pending matters or terminate our attorney-client relationship with you at any time that payment of your account becomes delinquent. Additionally, in the event that you fail to follow our advice and counsel, or otherwise fail to cooperate reasonably with us, we reserve the right to withdraw from representing you upon short notice, regardless of the then status of your matter. No termination shall relieve you of the obligation to pay fees and expenses incurred prior to such termination. 6. Retention of Documents Although historically we have attempted to retain for a reasonable time copies of most documents generated by this Firm, we are not obligated to do so, and we hereby expressly disclaim any responsibility or liability for failure to do so. You must ultimately retain all originals and copies you desire among your own files for future reference.. 7. Fee Estimates We are often requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter. Our attorneys do their best to estimate fees and expenses for particular matters when asked to do so. However, an estimate is just that, and the fees and expenses required are ultimately a function of many conditions over which we have little or no control, especially in litigation or negotiation situations where the extent of necessary legal services may depend to a significant degree upon the tactics of the opposition. Unless otherwise agreed in writing with respect to a specific matter, all estimates made by us shall be subject to your agreement and understanding that such estimates do not constitute maximum or fixed fee quotations and that the ultimate cost is frequently more or less than the amount estimated. 8. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America. Venue of any case or controversy arising under or pursuant to this Agreement shall be in Travis County, Texas, United States of America. 9. Questions If you have any questions from time to time about any aspect of our arrangements, please feel entirely free to raise those questions. We want to proceed in our work for you with a clear and satisfactory understanding about every aspect ofourbilling and payment policies; and we encourage an open and frank discussion of any or all of the matters mentioned in this memorandum. ~In> ~1 rA-E Cqq. j ~r r;sx~ a6a Client Costs Advanced Bickerstaff, Heath, Pollan & Caroont, L.L.P. The fimi incurs expenses on behalf of clients only when required by the legal needs of the clients. Some cases or matters require extensive use of copy facilities, and other cases may not be so paper intensive. Standard services such as secretarial and word processing time, file setup, and file storage are not charged; however, other expenses such as long distance fees, copies, delivery fees, and fax charges are billed to the client needing those services. An explanation of the billing structure is as follows: Delivery Services Outside delivery services are used for pick-up and delivery of documents to the client as well as to courts, agencies, and opposing parties. Outside delivery fees are charged to the client at the rate charged to the firm. Overnight delivery services are also charged at the rate charged to the firm. Firm Office Services Department personnel may provide delivery service in urgent situations and charges for such in-house service will not exceed the charge that would be made by an outside service in a similar situation. Telephone Our long distance charges are based on the exact number of minutes per call as provided by our carriers. The rate applied to the call is equal to the per minute charge by our long distance carrier, plus applicable taxes and surcharges imposed by governmental entities. Cell phone charges will be charged at invoice rate if the call is long distance; otherwise, local cell phone charges will not be charged to the client. Postage Our postal equipment calculates exact US postage for all sizes and weights of posted material. The rate charged for postage is the same as the amount affixed to the material that is mailed. We will not charge clients for postage on routine correspondence; however, the cost of large-volume mail, certified mail, or other additional mail services will be charged to the client. Copies Our standard rate for copies made by firm personnel is $.15 per copy. This charge covers paper, equipment costs, and other supplies. If savings can be realized within the required time frame by sending copy jobs to subcontractors, the firm uses only qualified legal services copiers and the cost charged to the client is the same as the amount billed to the firm. Computerized Research If a case requires the use ofcomputerized legal research, trained and skilled legal researchers are used to minimize on-line data charges. The per minute fees for on-line connect time are charged to the client at the rate charged to the firm. Fax Fax copies will be charged at the rate of $.25 per page. ; e 91 PAGE o201 Travel Attorney and paralegal time spent traveling on behalf of a client is billed to the client. Hotel, meal, local transportation, and sirnilar expenses are charged based on receipts and travel expense forms submitted by the attorney. Documentation is available to the client if requested. Other Expenses Expenses incurred to outside providers in connection with the client's legal services should be paid by the client directly to the outside provider unless specifically arranged in advance. If the firm agrees to pay outside providers, the cost charged to the client is the same as the amount billed to the firm. Examples of such charges include: court reporter fees, filing fees, newspaper charges for publication notices, expert witness fees, consultants and other similar expenses. Such expenses will be incurred only in conjunction with client-approved activities. Y r, PAIOL TEXAS HEALTH AND HUMAN SERVICES COMMISSION SPECIAL NUTRITION PROGRAMS AGREEMENT STATE OF TEXAS§ COUNTY OF TRAVIS § The Texas Health and Human Services Commission, hereinafter referred to as HHSC, AND hereinafter referred to as the Contractor, do hereby make and enter into this contract, as required by the National School Lunch Act and the Child Nutrition Act, as amended, and the following program regulations: the National School Lunch Program (NSLP), 7 Code of Federal Regulations (CFR) Part 210; the Special Milk Program (SMP), 7 CFR Part 215; the School Breakfast Program (SBP), 7 CFR Part 220; the Summer Food Service Program (SFSP), 7 CFR Part 225; and the Child and Adult Care Food Program (CACFP) 7 CFR Part 226. This agreement establishes or continues the rights and responsibilities of HHSC and the Contractor pursuant to the Contractor's participation in one or more of the above named programs as stipulated herein. If this agreement continues as an existing agreement, all existing terms, conditions, liabilities and obligations of the parties under the prior agreement remain in full force and effect, except to the extent that those terms, conditions, liabilities and obligations conflict with this agreement, in which case this agreement takes precedence. By signing this agreement, both parties are bound by its terms and conditions from its beginning effective date, or the beginning effective date of any prior agreements continued by this agreement, until terminated in accordance with this agreement. I. MUTUAL AGREEMENTS The Parties mutually agree: A. If the Contractor fails to provide services in accordance with the provisions of this contract, HHSC may, upon written notice of default to the Contractor, immediately terminate the whole or any part of this contract, including refusal to pay claims for reimbursement, and such termination shall not be an exclusive remedy but shall be in addition to any other rights and remedies provided by law or under this contract. B. If federal or state laws or other requirements are amended or judicially interpreted so that the continued fulfillment of this contract, on the part of either party, is substantially unreasonable or impossible, or if the parties are unable to agree upon any amendment which would therefore be needed to enable the substantial continuation of the services contemplated by this contract then, the parties shall be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interest of obligations, including audit findings, incurred up to the date of termination. II. CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT A. The Contractor will comply with the applicable regulations for its designated program, as well as 7 CFR Parts 245 and 250, as amended, the Uniform Federal Assistance Regulation (7 CFR, Part 3015, as amended), Audits of State, Local Governments, and Non-Profit Organizations (7 CFR 3052, as amended) and state policies and procedures as issued and amended by HHSC. II. CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL. MANAGEMENT (Continued) The Contractor further agrees to perform as described in its application (including its Policy statement and supporting documents, and approved amendments to the application) for participation in the designated program. B. The Contractor accepts final administrative and financial responsibility for food service operations in each school, summer feeding site, and child and/or adult care facility, hereinafter referred to as a site, operated or sponsored by the Contractor. The responsibility includes any audit exceptions or payment deficiency in the program covered by this contract, and all subcontracts hereunder, which are found after monitoring or auditing by HHSC or USDA and will be responsible for the collections and payback of any amount paid in excess of the proper claim amount. C. The Contractor submits for HHSC approval only those applications for sites which have delegated the authority for the administration of food service operations to the Contractor or which have executed sub agreements with the Contractor for the administration of food services operations. D. Contractors participating in the NSLP agree 1. That the official signing the Claim for Reimbursement will be responsible for reviewing and analyzing meal counts to ensure accuracy and compliance with federal regulations 2. To enter into an agreement to receive donated foods as required by federal regulations 3. To price the lunch as a unit 4. To claim reimbursement at the assigned rates only for reimbursable free, reduced price and paid lunches served to eligible children in accordance with 7 CFR part 210 5. Count the number of free, reduced price and paid reimbursable meals served to eligible children at the point of service, or through another counting system if approved by HHSC 6. Limit its net cash resources to an amount that does not exceed 3 months average expenditures for its nonprofit school food service or such other amount as may be approved in accordance with 7 CFR §210.19(a); and 7. Maintain a financial management system as prescribed under 7 CFR §210.14(c) E. Contractors participating in the CACFP shall provide or accept responsibility for the provision of organized, non-residential child day care and will immediately report to the Texas Department of Family and Protective Services (DFPS) Licensing or Child Protective Services staff, any suspected violations of DFPS Licensing standards or suspected abuse of children in sponsored centers or day homes. F. CONTRACTOR understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office ("SAO"), or any successor agency, to conduct an investigation in connection with those funds. CONTRACTOR further agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested. CONTRACTOR will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through CONTRACTOR and the requirement to cooperate is included in any subcontract it awards. III. RECORD KEEPING A. The Contractor will keep financial and supporting documents, statistical records, and any other records pertinent to the services for which a claim was submitted in the manner and detail prescribed by HHSC. Unless otherwise provided by state or federal law, the records and documents will be kept for a minimum of 3 years and 90 days after the termination of the federal fiscal year for the relevant program. If any litigation, claim, or audit involving these records begins before such period expires, the Contractor will keep the records and documents for not less than 3 years and 90 days and until all litigation, claims or audit findings are resolved. The'case is considered resolved when there is a final order issued in litigation, or a written agreement is entered into between HHSC and the Contractor. The Contractor will keep records of non-expendable property acquired wider the contract for 3 years and 90 days after final disposition of the property. B. The Contractor and its subcontractors will allow HHSC and USDA officials and other appropriate officials determined by HHSC to inspect facilities and records and to audit, examine, and copy records at any reasonable time. This includes access to all records of costs paid, even in part, by HHSC. VOL g~ ri,aGE a(~~ III. RECORD KEEPING (Continued) C. The Contractor and its subcontractors will establish a method to secure the confidentiality of records and other information relating to clients in accordance with the applicable federal law, rules, and regulations, as well as the applicable state law and regulations. The provision shall not be construed as limiting the Department's right of access to recipient case records or other information relating to clients served under this contract. IV. CIVIL RIGHTS POLICY COMPLIANCE A. The Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and all requirements imposed by the regulations of the Department of Agriculture (7 CFR Part 15), Department of Justice (28 CFR Parts 42 and 50) and FNS directives or regulations issued pursuant to that act and the regulations. Section 504 of the Rehabilitation Act of 1973 (public Law 93-112), the Americans with Disabilities Act of 1990 (public Law 101-336), Title IX of the Education Amendments of 1972 (7 CFR Part 15a), the Age Discrimination Act of 1975 (Public Law 94-135), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. In addition the contractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code. These provide in part that no person in the United States shall, on the ground of race, color, national origin, sex, age, disability, political beliefs, or religion he excluded from participation in, or denied any aid, care, service or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination. The contractor also agrees to comply with Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). Additionally, Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 CFR, Part 80 or 7 CFR, Part 15, prohibit a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities, on the basis of national origin. Also, 40 TAC, Part 1, §73.206 requires contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently.in English. Accordingly, the contractor agrees to ensure that its policies do not have the effect of excluding or limiting the participation of persons in its programs and activities, on the basis of national origin. The contractor also agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can effectively participate in and benefit from its programs. The Contractor accepts final administrative responsibility for ensuring that its subcontractors take reasonable steps to provide services and. information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can effectively participate in and benefit from that subcontractor's programs and services. The contractor hereby gives assurance that it will immediately take any measures necessary to comply with this subsection B. This assurance is given in consideration of and for the purpose of obtaining any and all federal financial assistance, grants and loans of federal funds, reimbursable expenditures, grant or donation of federal property and interest in property, the detail of federal personnel, the sale and lease of, and the permission to use, federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease or furnishing of services to the recipient, or any improvements made with federal financial assistance extended to the program applicant by the HHSC. This includes any federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representation and agreements made in this assurance. C. The Contractor agrees to compile data, maintain records, and submit reports as required, to permit effective enforcement of the above Acts and permit authorized HHSC, USDA and FNS personnel during normal working hours to review such records, books, and accounts as needed to ascertain compliance with the above Acts. If there are any violations of this assurance, HHSC, USDA and FNS have the right to seek judicial enforcement of this assurance. This assurance is binding on the Contractor, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from the department. The person whose signature appears on this contract is authorized to sign this assurance on the behalf of the Contractor. VOL 9 PAGE a05 IV. CIVIL RIGHTS POLICY COMPLIANCE (Continued) D. A religious, or charitable organization is eligible to be a contractor on the same basis as my other private organization. The contractor retains its independence from State and local governments, including the contractor's control over the definition, development, practice, and expression of its charitable or religious beliefs. Except as provided by federal law, HHSC shall not interpret this contract to require a charitable or religious organization to alter its form of internal governance or remove religious art, icons, scripture, or other symbols. Furthermore, if a religious or charitable organization segregates the government funds provided under the contract, then only the financial assistance provided by these funds will be subject to audit. However, neither HHSC's selection of a charitable or faith-based contractor of services nor the expenditure of funds under this contract is an endorsement of the contractor's charitable or religious character, practices, or expression. The purpose of this contract is the provision of services; no State expenditures have as their objective the funding of sectarian worship, instructions, or proselytization. A charitable or faith-based provider of services under this contract shall reasonably apprise all assisted individuals of the following: "Neither HHSC' s selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider's charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify your local HHSC Special Nutrition Programs office. Section 104 of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 42 U.S.C. § 604a, sets forth certain additional rights and responsibilities for charitable and faith-based providers of services, certain additional rights of assisted individuals, and certain additional responsibilities of HHSC to these providers and assisted individuals. This contract is subject to those additional rights and responsibilities. V. HHSC CLAIMS PAYMENT A. HHSC will, subject to the federal appropriation and availability to HHSC of sufficient funds for the applicable program, make program payment to the Contractor in accordance with the terms of this agreement No reimbursement shall be made for performance under this agreement occurring prior to (a) the beginning effective date of this agreement or (b) a later date established by HHSC based on the date of receipt of a fully executed copy of this agreement B. This paragraph is pursuant to §2252.903 of the Government Code. Any payments owing to the contractor under this contract will be applied toward elimination of the contractor's indebtedness to the state, delinquency in payment of taxes to the state, or delinquency in payment of taxes that the comptroller administers or collects until the indebtedness or delinquency is paid in full. VI. IMMIGRATION The Contractor- agrees to comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals hired after November 6, 1986, who will perform any labor or services under this contract. VII. CERTIFICATION A. Regarding Debarment, Suspension, Ineligibility, or Voluntary Exclusion For Covered Contracts - The contractor certifies, by execution of this agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department. or agency or by the State of Texas. By making this certification the contractor agrees to the following terms: VOL ~1 FAGE 0-0& VII. CERTIFICATION (Continued) The above certification is a material representation of fact upon which reliance was based when this contract was entered into. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department of Health and Human Services, United States Department of Agriculture or other federal department of agency, or the Texas Health and Human Services Commission may pursue available remedies, including suspension and/or debarment The contractor shall provide immediate written notice to the person to which this certification is submitted if at any time the contractor teams that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2. The words "covered contract," "debarred," suspended," "ineligible," "participant," "person," "principal," "proposal," and voluntarily excluded," as used in this certification have meanings based upon materials in the Definitions and overage sections of federal rules implementing Executive Order 12549. Usage is defined in the attachment. 3. The contractor agrees by submitting this certification that, should the proposed covered contract be entered into, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department of Health and Human Services, United States Department of Agriculture or other federal department or agency, and/or the Texas Health and Human Services Commission, as applicable. 5. The contractor further agrees by submitting this certification that it will include HHSC Form titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts" without modification, in all covered subcontracts and in all solicitation for all covered subcontracts. 6. A contractor may rely upon a certification of a subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless it knows that the certification is erroneous. A contractor must, at a minimum, obtain certificates from its covered subcontractor upon each subcontractor's initiation and upon each renewal. Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 7. Except for contracts authorized under paragraph 4 of these terms, if a contractor in a covered contract knowingly enters into a covered subcontract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, Department - of Health and Human Services, United States Department of Agriculture, or other federal department or agency, as applicable, and/or the Texas Health and Human Services Commission may pursue available remedies, including suspension and/or debarment. B. Regarding Federal Lobbying - This certification applies only to this contract and is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The contractor certifies, to the best of his or her knowledge and belief, that: No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federally funded contract, subcontract, sub grant, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying;" in accordance with its instructions. VOL 91 PAGE 9-07 VII. CERTIFICATION (Continued) The contractor shall require that the language ofthis certification be included in the award documents for all covered sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all covered sub recipients shall certify and disclose accordingly. C. Regarding Conflicts of Interest -The contractor agrees to comply with applicable state and federal laws, rules and regulations regarding conflicts of interest in the performance of its duties under this Agreement. Contractor warrants that it has no interest and will not acquire any direct or indirect interest that would conflict in any manner or degree with its performance under this Agreement. Contractor will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Contractor will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to the activities conducted under this Agreement with the State of Texas. An organizational conflict of interest is a set of facts or circumstances, a relationship, or other situation under which a contractor, or a subcontractor has past, present, or currently planned personal or financial activities or interests that either directly or indirectly: 1. Impairs or diminishes the offeror's, contractor's, or subcontractor's ability to render impartial or objective assistance or advice to HHSC; or 2. Provides the contractor or subcontractor an unfair competitive advantage in future HHSC procurements. Except as otherwise disclosed and approved by HHSC prior to the Effective Date of the Agreement, Contractor warrants that, as of the Effective Date and to the best of its knowledge and belief, there are no relevant facts or circumstances that could give rise to organizational conflict of interest affecting this Agreement. Contractor affirms that it has neither given, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, at any time during the procurement process or in connection with the procurement process except as allowed under relevant state and federal law. Contractor agrees that, if after the Effective Date, Contractor discovers or is made aware of an organizational conflict of interest, Contractor will immediately and fully disclose such interest in writing to the HHSC Special Nutrition Programs. In addition, Contractor must promptly disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by HHSC as a potential conflict. HHSC reserves the right to make a final determination regarding the existence of conflicts of interest, and Contractor agrees to abide by HHSC's decision. The disclosure will include a description of the action(s) that Contractor has taken or proposes to take to avoid or mitigate such conflicts. If HHSC determines that an organizational conflict of interest exists, HHSC may, at its discretion, terminate the contract. If HHSC determines that Contractor was aware of an organizational conflict of interest before the award of this Agreement and did not disclose the conflict to the contracting officer, such nondisclosure will be considered a material breach of the Agreement. Furthermore, such breach may be submitted to the Office of the Attorney General, Texas Ethics Commission, or appropriate State or Federal law enforcement officials for further action. Contractor must include the provisions of this Section C in all subcontracts for work to be performed similar to the service provided by Contractor and the terms "Agreement," with the terms "Contractor" and "HHSC" modified appropriately to preserve the State's rights. Contractor has not retained or promised to retain any person or company, or utilized or promised to utilize a consultant that participated in HHSC's development of specific criteria of the Agreement or who participated in the approval of the Contractor for this Agreement. Contractor will not recruit or employ any HHSC professional or technical personnel who have worked on projects relating to the subject matter of this Agreement, or who have had any influence on decisions affecting the subject matter of this Agreement, for two (2) years following the completion of this Agreement. VOL__9/ PAGE v2D9 VII. CERTIFICATION (Continued) Contractor certifies to its understanding and agreement regarding Conflicts of Interest. The contractor certifies that if it is a corporation, it is either a for-profit corporation that is not delinquent in its franchise tax payments to the State of Texas, or is a non-profit corporation or is otherwise not subject to payment of franchise taxes to the State of Texas. D. The contractor certifies that all information submitted pursuant to this agreement is true and correct. The contractor understands that the deliberate misrepresentation or withholding of information is a violation of this contract and may result in prosecution under applicable state and federal statutes. E. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application, and any individual who is a partner, shareholder, or owner with at least 25% interest in the business entity, is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. VIII. TERM AND TERMINATION In addition to other provisions of this article allowing termination, this Agreement will terminate upon the Expiration Date unless extended in accordance with the terms of this Agreement, or terminated sooner under the terms of this Agreement. Prior to completion of the Initial Tenn and any extensions or renewal thereof, all or a part of this Agreement may be terminated for any of the following reasons: (a) Termination by mutual agreement of the Parties. This Agreement may be terminated by mutual agreement of the Parties. Such agreement must be in writing. (b) Termination in the best interest of the State. HHSC may terminate the Agreement at any time when, in its sole discretion, HHSC determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination. (c) Termination for cause. HHSC reserves the right to terminate this Agreement, in whole or in part, upon the following conditions: (1) Assignment for the benefit of creditors, appointment of receiver, or inability to pay debts. HHSC may terminate this Agreement if CONTRACTOR: (A) Makes an assignment for the benefit of its creditors; (B) Admits in writing its inability to pay its debts generally as they become due; or (C) Consents to the appointment of a receiver, trustee, or liquidator of CONTRACTOR or of all or any part of its property. (2) Failure to adhere to laws, rules, ordinances, or orders. HHSC may terminate this Agreement if a court of competent jurisdiction finds CONTRACTOR failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of CONTRACTOR's duties under this Agreement. (3) Breach of confidentiality. HHSC may terminate this Agreement if CONTRACTOR breaches confidentiality laws with respect to the Services and Deliverables provided under this Agreement. (4) Failure to maintain adequate personnel or resources. HHSC may terminate this Agreement if, after providing notice and an opportunity to correct, HHSC determines that CONTRACTOR has failed to supply personnel or resources and such failure results in CONTRACTOR's inability to fulfill its duties under this Agreement. PAGE VIII. TERM AND TERMINATION (Continued) (5) 1 eimination for gifts and gratuities. (A) HHSC may terminate this Agreement following the determination by a competent judicial or quasi judicial authority and CONTRACTOR's exhaustion of all legal remedies that CONTRACTOR, its employees, agents or representatives have either offered or given any thing of value an officer or employee of HHSC or the State of Texas in violation of state law. (B) CONTRACTOR must include a similar provision in each of its subcontracts and shall enforce this provision against a subcontractor who has offered or given any thing of value to any of the persons or entities described in this Section, whether or not the offer or gift was in CONTRACTOR's behalf. (C) Termination of a subcontract by CONTRACTOR pursuant to this provision will not be a cause for termination of the Agreement unless: (1) CONTRACTOR fails to replace such terminated subcontractor within a reasonable time; and (2) Such failure constitutes Cause as described in this Section. (D) For purposes of this Section, a "thing of value" means any item of tangible or intangible property that has a monetary value of more than $50.00 and includes, but is not limited to, cash, food, lodging, entertainment, and charitable contributions. The term does not include contributions to holders of public office or candidates for public office that are paid and reported in accordance with State and/or Federal law. (6) Termination for non-appropriation of funds. Notwithstanding any other provision of this Agreement, if funds for the continued fulfillment of this Agreement by HHSC are at any time not forthcoming or are insufficient, through failure of any entity to appropriate funds or otherwise, then HHSC will have the right to terminate this Agreement at no additional cost and with no penalty whatsoever by giving prior written notice documenting the lack of funding. (7) Judgment and execution.) (A) HHSC may terminate the Agreement if judgment for the payment of money in excess of $500,000.00 that is not covered by insurance, is rendered by any court or governmental body against CONTRACTOR, and CONTRACTOR does not (1) Discharge the judgment or provide for its discharge in accordance with the terms of the judgment; (2) Procure a stay of execution of the judgment within 30 days from the date of entry thereof; or (3) Perfect an appeal of such judgment and cause the execution of such judgment to be stayed during the appeal, providing such financial reserves as may be required under generally accepted accounting principles. (B) If a writ or warrant of attachment or any similar process is issued by any court against all or any material portion of the property of CONTRACTOR, and such writ or warrant of attachment or any similar process is not released or bonded within 30 days after its entry, HHSC may terminate the Agreement in accordance with this Section. (8) Termination for insolvency. (A) HHSC may terminate the Agreement if CONTRACTOR: (1) Files for bankruptcy; (2) Becomes or is declared insolvent, or is the subject of any proceedings related to its liquidation, insolvency, or the appointment of a receiver or similar officer for it; (3) Makes an assignment for the benefit of all or substantially all of its creditors; or (4) Enters into an Agreement for the composition, extension, or readjustment of substantially all of its obligations. (B) CONTRACTOR agrees to pay for all reasonable expenses of HHSC including the cost of counsel, incident to: (I) The enforcement of payment of all obligations of the CONTRACTOR by any action or participation in, or in connection with a case or proceeding under Chapters 7, 11, or 13 of the United States Bankruptcy Code, or any successor statute; . PAGE 0~J 0 VIII. TERM AND TERMINATION (Continued) (2) A case or proceeding involving a receiver or other similes officer duly appointed to handle the CONTRACTOR's business; or (3) A case or proceeding in a State court initiated by HHSC when previous collection attempts have been unsuccessful. (9) Termination for CONTRACTOR'S material breach of the Agreement. HHSC will have the right to terminate the Agreement in whole or in part if HHSC determines, at its sole discretion, that CONTRACTOR has materially breached the Agreement. IX. EFFECTIVE DATE AND SIGNATURES The parties hereto in their capacities stated, affix their signatures and bind themselves for the faithful performance of the terms of this contract pursuant to participation in the following program or programs: % National School Lunch Program % School Breakfast Program Special Milk Program Brazos County Juvenile Services Dept. Name of Contracting Organization (Please print or type) Randy Sims Name of Official Signing (Please print or type) B Child and Adult Care Food Program Summer Food Service Program Signature of airman of the board of directors or other icial who has been authorized to sign contraqCs on behalf of the contracting organization. County Judge _ Title of Official (Please print or type) TEXAS HEALTH AND HUMAN SERVICES COMMISSION Effective from: By: Representative Date: Approved for Form by OGC: Signature on file Revised July 2005 until terminated. VOL 8t PAGE all Brazos Counter Acceptable Use Policy Policy Acceptable Use Policy Introduction Information Resources (IRs) are strategic assets of Brazos County that must be managed as a valuable resource. Misuse of Information Resources owned, managed, and/or operated by Brazos County exposes Brazos County, its department heads and its employees to civil, criminal, and attitudinal sanctions and penalties and must be avoided. The co-operation of authorized users is essential for effective security and this policy is consistent with ISO 17799 Sections 5.2, 7.1, 7.3, and 9.3. Purpose The Brazos County Acceptable Use Policy is established to achieve the following: o To ensure compliance with applicable statutes, regulations, and mandates regarding the management of information resources. o To establish prudent and acceptable practices regarding the use of information resources. a To educate individuals who may use information resources with respect to their responsibilities associated with such use. Audience The Acceptable Use Policy applies equally to all individuals granted access privileges to any Brazos County Information Resource. Definitions See the Brazos County Security Policies Standard Definitions for definitions of terms used in this policy. This document is located at: httn://bcweb/docs/securitvdefs Policy This policy references other policies listed below: Dependencies o Email Policy o Internet Policy o Portable Computing Policy Acceptable Use Ownership of Electronic Files and Documents Policy a Electronic files created, sent, or stored on Information Resources owned, leased, administered, or otherwise under the custody and control of Brazos County's elected officials are treated as the property of Brazos County. o All messages, files and documents - including personal messages, files Information Resources Security Policies Page 1 ,100 V PAGE vZw~ Brazos Counter Acceptable Use Policy and documents - located on Brazos County's Information Resources are owned by Brazos County, any portion of which may be subject to Copyright laws, records retention rules, the Texas Public Information Act, Rule 12 of the Texas Rules of Judicial Conduct or other regulatory legislation such as the Health Insurance Portability and Accountability Act, the Gramm-Leach-Bliley Act, the Federal Information Security Management Act, or the Sarbanes-Oxley Act. Privacy a Electronic files created, sent, or stored on Information Resources owned, leased, administered, or otherwise under the custody and control of Brazos County Commissioners Court are not private, and may be accessed in accordance with this policy and the governance structures referenced above. Restrictions a No user is authorized to bring personally owned computer hardware or software onto the work site without first notifying the Information Technology Department (f1). o No user is authorized to install any software on any IR owned by Brazos County without the permission of the Information Security Officer (ISO) in the IT Department. All installations of software will be performed by or monitored by IT. Exceptions to this policy in which unmonitored installations of software are expedient and prudent, shall be documented as part of each information security audit undertaken by Brazos County. Known exceptions include, but are not necessarily limited to, declared states of emergency and other emergency management and law enforcement situations. o Users must not use non-standard shareware or freeware software without IT management approval obtained in advance unless it is on the Brazos County's standard software list. a No user is authorized to physically move IRs from the work place without first notifying the department manager and IT. Workplace shall be defined to include county-owned vehicles, polling places, and offsite locations such as hotels and convention centers while attending conferences, seminars and training. Exceptions to this policy in which movement of IRs from the work place are expedient and prudent, shall Information Resources Security Policies Page 2 VOL 8~ PAGE a213 Brazos County Acceptable Use Policy be documented as part of each information security audit undertaken by Brazos County. Known exceptions include, but are not necessarily limited to, declared states of emergency and other emergency management and law enforcement situations. No user is authorized to change the configuration settings on any IR. Requests for configuration changes must be directed to and performed by IT. a No user is authorized to make copies of software packages licensed to Brazos County. Brazos County in many cases has only purchased the right to use the software, and has not purchased the right to reproduce the software. a Users must not make unauthorized copies of copyrighted software. IT will make the determination whether to make copies of software for backup purposes, as provided for in the software license agreement. The original copies of software will be stored in a fireproof vault in the Information Technology Department. Exceptions to this policy such as may be required by Homeland Security or law enforcement grants, shall be documented as part of each information security audit undertaken by Brazos County. No user is authorized to purchase any IR for Brazos County before consulting with IT. This is to ensure compatibility with existing IRs. At the request of the department head, IT will assist in evaluating and purchasing IRs. For capital project expenditures, department heads will require a written evaluation from IT and this will be presented to Commissioner's Court with their request. a No user is authorized to enter into any type of licensing or maintenance agreement pertaining to IRs owned by Brazos County, without the approval of the ISO and Brazos County Commissioners Court. a Users must not attempt to access any data or programs contained on Brazos County's systems for which they do not have authorization or explicit consent. r Users must not divulge dialup or dial back modem phone numbers to anyone. ~ Users must not share their Brazos County account(s), passwords, Personal Identification Numbers (PIN), Security Tokens (i.e. Smart cards), or similar information or devices used for identification and authorization purposes. Information Resources Security Policies Page 3 VOL 91 PAGE all Brazos County Accentable Use Policy Users must not purposely engage in activity that may: harass, threaten or abuse others; degrade the performance of IRs; deprive an authorized user access to an IR; obtain extra resources beyond those allocated; circumvent Brazos County's computer security measures. s Users must not download, install or run security programs or utilities that reveal or exploit weaknesses in the security of a system. For example, users must not run password cracking programs, packet sniffers, port scanners or any other non-approved programs on Brazos County Information Resources. s Users must not intentionally access, create, store or transmit material that Brazos County may deem to be offensive, indecent or obscene. Exceptions to this policy include criminal investigation, prosecution, or defense where this aspect of routine business has the explicit approval of the Brazos County Commissioners Court, Judges and Prosecutors; and may include Homeland security and other law enforcement situations. a Users must not otherwise engage in acts against the aims and purposes of Brazos County as specified in its governing documents or in rules, regulations and procedures adopted from time to time. Computers and their associated software packages that are located in the work place are considered the property of Brazos County and are to be used only by employees of Brazos County. This equipment is not to be used or altered by relatives or friends. Exceptions to this policy in which non-Brazos County Employees will use county-owned computers and software, shall be documented as part of each information security audit undertaken by Brazos County. Known exceptions include, elections, declared states of emergency and other emergency management and law enforcement situations. Except as permitted under Incidental Use in this policy, private or personal use of IRs owned by Brazos County is not allowed. IRs owned by Brazos County may not be used for personal benefit. Requirements All users must adhere to and abide by the Brazos County Internet Policy. Information Resources Security Policies Page 4 - VOL11 PAGE 2)5 Brazos Count Acceptable Use Policy c All users of portable computing devices must adhere to and abide by the Brazos County Portable Computing Policy. c Each user will be held individually responsible for all activity that occurs within the Brazos County Network as a result of use of the user's account and password, provided that the password was obtained and used with the individual's knowledge. c Users should not leave an active screen unsupervised. If a user is leaving their workstation unattended for a brief period (fewer than 10 minutes) the monitor should be darkened. If the workstation is to be left unattended for more than 10 minutes the user should log out to reduce the risk of unauthorized access. c All users should log out at the end of the workday. c When practical, users should position monitors so that screens are not easily visible to visitors or passersby, thereby limiting access to confidential or identifying information. c Misuse of IRs owned by Brazos County must be reported to the ISO. c Suspicion or confirmation of unauthorized access or attempts at unauthorized access to Brazos County IRs must be reported to the ISO immediately. c Any malfunction with IRs owned by Brazos County is to be brought to the attention of IT so that proper maintenance action can be taken. c Users must report any weaknesses in Brazos County's computer security, or any incidents of possible misuse or violation of this or other Security Policies to the ISO. c On termination of the relationship with Brazos County, users must surrender all IRs owned, maintained or managed by Brazos County. Incidental Use As a convenience to Brazos County employees, incidental use of Information Resources is permitted. The following restrictions apply: Incidental personal use of electronic mail, internet access, fax machines, printers, copiers, and so on, is restricted to Brazos County approved users; it does not extend to family members or other acquaintances. Incidental use must not result in direct costs to Brazos County. Information Resources Security Policies Page 5 VOL 91 PAGE al[e Brazos County Acceptable Use Policy o incidental use must not interfere with the normal performance of an employee's work duties. s• No files or documents may be sent or stored that may cause legal action against, or embarrassment to Brazos County. v Storage of personal email messages, voice messages, files and documents within Brazos county's information Resources must be nominal. Incidental use of Brazos County information resources must adhere to the following applicable Brazos County policies: o Email Policy o Internet Policy o Portable Computing Policy Home Use Many users have purchased personal Information Resources to be used in their home to support their work at Brazos County. Brazos County is appreciative of this and wishes to encourage it. In some cases, Brazos County will supply the Application Software. Brazos County requires that proper Antivirus and Antispyware software be installed on these personally owned computers. Brazos County will provide the user with the Antivirus and Antispyware software, documentation for its use, and installation instructions. This policy is approved by the Brazos County Commissioners Court this the day of June, 2006. Randy Sjds, County Judge Information Resources Security Policies Page 6 VOL 9l PAGE a17 Brazos County Email Policv Policy Email Policy Introduction This policy is established to achieve the following: h To ensure compliance with applicable statutes, regulations, and mandates regarding the management of Information Resources. 6 To establish prudent and acceptable practices regarding the use of email. a To educate individuals using email with respect to their responsibilities associated with such use. Protecting exchanges of information between Brazos County and other entities to prevent loss or misuse of information and to ensure compliance with applicable legislation is consistent with ISO 17799 Section 8.7. Purpose The purpose of the Brazos County Email Policy is to establish the rules for the use of Brazos County email for the sending, receiving, or storing of electronic mail. Audience The Email Policy applies equally to all individuals granted access privileges to any Brazos County information resource with the capacity to send, receive, or store electronic mail. Definitions See the Brazos County Security Policies Standard Definitions for definitions of terms used in this policy. Policy This policy references other policies listed below: Dependencies Acceptable Use Policy Email Policy a All sensitive material transmitted out of the Brazos County Network external network must be encrypted. e All user activity on Brazos County information resources is subject to logging and review. All emails sent or received by users on the Brazos County's Electronic Mail System is subject to backup and offsite storage. Electronic mail users must not give the impression that they are representing, giving opinions, or otherwise making statements on behalf of Brazos County or any department of Brazos County unless appropriately authorized (explicitly or implicitly) to do so Where Information Resources Security Policies Page I VOL PTE alb Brazos County Email Policy appropriate, an explicit disclaimer will be included unless it is clear from the context that the author is not representing Brazos County. An example of a simple disclaimer is: "the opinions expressed are my own, and not necessarily those of Brazos County." Individuals must not send, forward or receive confidential non-public personal customer information or sensitive information (social security numbers, bank account and routing numbers, etc.) through non-Brazos County email accounts. Examples of non-Brazos County email accounts include, but are not limited to, Hotmail, Yahoo mail, AOL mail, and email provided by other Internet Service Providers (ISP). Acceptable Use a All users of Brazos County's Electronic Mail System must adhere to the Brazos County Acceptable Use Policy. Unacceptable Use R The following activities on Brazos County's Electronic Mail System are prohibited by policy: o Sending email that is intimidating or harassing. o Using email for conducting personal, for-profit business. o Using email for purposes of political campaigning. o Violating copyright laws by inappropriately distributing protected works. o Posing as anyone other than oneself when sending email, except when authorized to send messages for another when serving in an administrative support role. o The use of unauthorized e-mail software o The following activities on Brazos County's Electronic Mail System are prohibited because they impede the functioning of network communications and the efficient operations of electronic mail systems: o Sending or forwarding chain letters. o Sending unsolicited messages to large groups except as Information Resources Security Policies page 2 81 R/q Brazos County Email Pokcv required when conducting Brazos County business. o Sending excessively large messages that are unrelated to county business. o Sending or forwarding email that is likely to contain computer viruses. Incidental Use As a convenience to Brazos County employees, incidental use of Brazos County's Electronic Mail System is permitted. The following restrictions apply: a Incidental personal use of email is restricted to Brazos County approved users; it does not extend to family members or other acquaintances. o Incidental use must not result in direct costs to Brazos County. o Incidental use must not interfere with the normal performance of an employee's work duties. No files or documents may be sent or received that may cause legal liability for, or embarrassment to, Brazos County. Storage of personal files and documents within Brazos County's Information Resources should be nominal. This policy is approved by the Brazos County CAmmissig ~ ners Court this the day of June, 2006. / / Randy SXs, County Judge Information Resources Security Policies Page 3 VOL 81 PATE aaa VOL ~1 PAGE Brazos County Internet Polic Policy Internet Policy Introduction The Internet provides Brazos County with significant access to and capability for dissemination of information to organizations and individuals outside of Brazos County. Misuse of the Internet exposes Brazos County, its department heads and its employees to civil, criminal, and attitudinal sanctions and penalties and must be avoided. The co-operation of authorized users is essential for effective security and this policy is consistent with ISO 17799 Sections 5.2, 8.3, 9.3, and 12.1. Purpose The Brazos County Internet Policy is established to achieve the following: o To ensure compliance with applicable statutes, regulations, and mandates regarding the management of information resources. o To establish prudent and acceptable practices regarding the use of the Internet. s To educate individuals who may use the Internet, the intranet, or both with respect to their responsibilities associated with such use. Audience The Internet Policy applies equally to all individuals granted access privileges to any Brazos County Information Resource. Definitions The Acceptable Use Policy applies equally to all individuals granted access privileges to any Brazos County Information Resource. Policy This policy references other policies listed below: Dependencies a Acceptable Use Policy Internet Policy c- All users of Brazos County Information Resources who access the Internet must adhere to and abide by the Brazos County Acceptable Use Policy. a Software for browsing the Internet will be provided to authorized users for business and research use only. a All software used to access the Internet must be part of the Brazos County standard software suite or approved by the Information Security Officer (ISO) in the IT Dept. This software must incorporate all vendors' provided security patches. 0 All software used to access the Internet shall be configured to use the Information Resources Security Policies Page I t 1 ° ` Via; Qr a~;2 02 Brazos County Internet Policy firewall http proxy. All sites accessed must comply with the Brazos County Acceptable Use Policy. s System logs must be automatically maintained by the Information Technology Department for all Internet access activity. o All user activity on Brazos County Information Resources is subject to logging and review. No unlawful, abusive, offensive, harassing or otherwise objectionable material may be made available via Brazos County web sites. c. No unlawful, abusive, offensive, harassing or otherwise objectionable material may be transmitted across the Internet in either public or private messages. No personal commercial advertising may be made available via Brazos County web sites. o Internet access using Brazos County Information Resources may not be used for personal gain or non-Brazos County personal solicitations. a No Brazos County data will be made available via Brazos County web sites without ensuring that the material is available to only authorized individuals or groups. o All sensitive Brazos County material transmitted over external networks must be encrypted. o Electronic files are subject to the same records retention rules that apply to other documents and must be retained in accordance with departmental records retention schedules. c• The use of the Internet is a privilege, not a right, which may be revoked by the user's department head or elected county official at any time for unacceptable use. Acceptable Use Communication with professional associations, governments, universities, businesses and/or individuals directly associated with the facilitation of county business as authorized by the department head or elected official. o Distribution of information to the general public whereby distribution is Information Resources Security Policies Page 2 MR , 8~ r!~r 2.23 made in compliance with the Brazos County records retention rules, the Texas Public Information Act, Rule 12 of the Texas Rules of Judicial Conduct and/or other applicable regulatory legislation such as the Health Insurance Portability and Accountability Act, the Gramm-Leach- Bliley Act, the Federal Information Security Management Act, or the Sarbanes-Oxley Act. o Incidental communication among Brazos County authorized users and professional colleagues that facilitates work assignments and professional development or debate in a work related field of knowledge. Unacceptable Use a Personal use not related to the conduct of work on behalf of Brazos County or other organizations as set forth in agreements and contracts with Brazos County. a To gain unlawful access to information or computer and communication resources. o Intentional introduction of, or experimentation with, malicious code as computer worms or viruses. r Illegal, fraudulent, or malicious activity; political activity; religious promotion; or activity on behalf of organizations or individuals having no affiliation with Brazos County. a Transmission of material in violation of applicable copyright laws or patents. The intentional sending of messages that are likely to result in the loss of recipient's work or system and any other message that otherwise interferes with the work of others. Generation, storage, transmission or other use of data or other matter that is abusive, profane, or offensive to a reasonable person. Incidental Use As a convenience to Brazos County employees, incidental use of Internet access is permitted. The following restrictions apply: v Incidental personal use of Internet access is restricted to Brazos County approved users; it does not extend to family members or other Information Resources Security Policies Page 3 Brazos County Internet Polzcv acquaintances. Incidental use must not result in direct costs to Brazos County. H Incidental use must not interfere with the normal performance of an employee's work duties. No files or documents may be sent or stored that may cause legal liability for, or embarrassment to Brazos County. a Storage of personal files and documents within Brazos County's Information Resources should be nominal. This policy is approved by the Brazos County Commissioners Court this _,_day of June, 2006. Randy Information Resources Security Policies County Judge Page 4 aw i'A a .2 s Policy Portable Computing Policy Introduction Portable computing devices are becoming increasingly powerful and affordable. Their small size and functionality are making these devices ever more desirable to replace traditional desktop devices in a wide number of applications. However, the portability offered by these devices may increase the security exposure of groups using the devices. Protecting the information resources accessed remotely using mobile computing and teleworking technology is consistent with ISO 17799 Section 9.8. Purpose The purpose of the Brazos County Portable Computing policy is to establish the rules for the use of mobile computing devices and their connection to the Brazos County Network. These rules are necessary to preserve the integrity, availability, and confidentiality of Brazos County information resources. Audience The Portable Computing Policy applies equally to all individuals that utilize Portable Computing devices and access Brazos County Information Resources. Definitions See the Brazos County Security Policies Standard Definitions for definitions of terms used in this policy. This document is located at: http://bcweb/docs/securitydefs Policy This policy references other policies listed belo Dependencies w: o Acceptable Use Policy Portable Computin Acceptable use of Brazos County-owned portable computing devices is d b g governe y the Brazos County Acceptable Use Policy Policy . a Only Brazos County approved portable computing devices may be used to access Brazos County Information Resources. o Portable computing devices must be password protected. n Brazos County data should not be stored on portable computing devices. However in th , e event that there is no alternative to local storage, all sensitive Brazos County data must be encrypted usin g approved encryption techniques. ~ Brazos County data must not be transmitted via wireless to or from a portable computing device unless approved wireless transmission Information Resources Security Policies Page 1 Q g' PAGE 2 2 le protocols along with approved encryption techniques are utilized. o All remote access (dial in services) to the Brazos County Network must be either through an approved modem pool or via an Internet Service Provider (ISP). Y Non-Brazos County computer systems that require network connectivity must conform to Information Technology standards and must be approved in writing by the Information Security Officer in the IT Department. o Non-Brazos County computer systems requiring connections to the Brazos County Network under contractual agreements signed prior to the adoption of this policy should be reviewed by Information Technology to ensure conformance to Information Technology standards. r Unattended portable computing devices must be physically secure. This means they must be locked in an office, locked in a desk drawer or filing cabinet, or attached to a desk or cabinet via a cable lock system. a Brazos County-owned portable computing devices must not be used to connect to the Online Library Wireless Network without prior written approval by the Information Security Officer in the IT Department. Portable computing devices that require access to Brazos County's network must connect using their Ethernet network interface card physically cabled to Brazos County's Ethernet network only, when in Brazos County. Configuration of equipment for the purpose of dual homing on Brazos County's internal Ethernet network and any wireless network is not permitted at any time. Exceptions to this policy in which connections of Brazos County-owned portable computing devices to Brazos County-owned wireless networks are expedient and prudent, shall be documented as part of each information security audit undertaken by Brazos County. Known exceptions include, but are not necessarily limited to, transmission of digital video from patrol cars, declared states of emergency and other emergency management and law enforcement situations. Information Resources Security Policies Page 2 P;GE X27 This policy is approved by the Brazos County Commissioners Court this the day of June, 2006. Randy SX, County Judge Information Resources Security Policies Page 3 °s PAGE ,Z,ZO Pita Brazos County Wireless Communication Poltc Policy Wireless Communication Policy Introduction Wireless networking has great potential for improving access to information and services. For this reason, its use is spreading rapidly. Unfortunately, implementations that are done incorrectly pose security risks. This policy addresses the correct configuration required to reduce those risks. Protecting the information resources accessed remotely using mobile computing and teleworking technology is consistent with ISO 17799 Section 9.8. Purpose The Brazos County Wireless Communication Policy prohibits access to Brazos County's Network via unsecured wireless communication mechanisms. Only wireless systems that meet the criteria of this policy or have been granted an exclusive waiver by the Information Security Officer are approved for connectivity to Brazos County's Network. Audience The Wireless Communication Policy covers all wireless data communication devices (e.g., personal computers, cellular phones, PDAs, etc.) connected to any of Brazos County's Network. This includes any form of wireless communication device capable of transmitting packet data. Wireless devices and/or networks without any connectivity to Brazos County's Network do not fall under the purview of this policy. Definitions See the Brazos County Security Policies Standard Definitions for definitions of terms used in this policy. This document is located at: http://bcweb/docs/securitydefs Policy This policy references other policies listed below: Dependencies None. Wireless Access Points and Cards Communication c All Wireless Access Points and Base Stations connected to Brazos Policy County's Network must be registered and approved by the Information Security Officer in the IT Department. a All Wireless Access Points and Base Stations connected to Brazos County's Network are subject to periodic penetration tests and audits. r All wireless Network Interface Cards (i.e., PC cards) used in Brazos County laptop or desktop computers must be registered with the Information Security Officer in the IT Department. Information Resources Security Policies Page 1 BUDGET: Budgeted Amount: Renovation of Maxwell Ctr. Telephone Consultant Telephone System Relocation Furniture Internal Data Cabling Outside Fiber from IT to Courthouse TOTAL BUILDING COST BUDGET BUILDING COST BALANCE $1,000,000.00 759,000.00) 7,225.00) 25,000.00) 71,252.00) 30,000.00) 78,126.00) 11-AM-00--o-0i 999,103.00) $1,0009000.00 t$_9.1 99` j $ 897.00 Vol, Agreement Number UNISYS Supplemental Schedule Order 05120016 Client Brazos County, 300 East 26th Streert Suite 117, Bryan, TX 77803 w Description of Products/Services Turn key-rework of the Maxwell center for new IT facility This Order consists of the Products and/or services described on the forms listed and checked below: Check if Number Total dollars Form number Description applicable of pages ® 759,825.00 4305 4931-006 Equipment Sale Schedule ❑ 4305 4933-006 Software Licenses Schedule ❑ 4305 4934-001 Information Services Schedule ❑ 4305 4940-005 Support Services Addendum ❑ 4305 4942-002 Support Services Schedule ❑ 4305 4944-002 Support Services Schedule for Desktop Equipment ❑ 4305 4935-001 Systems Integration Addendum ❑ 4305 4936-002 State and Local Government Addendum ❑ 4305 5383-002 Statement of Work ❑ 4305 7940-002 OS2200 Metering Software Schedule ❑ 4305 7942-003 MCP Metering Software Schedule ❑ 4305 7944-001 NDP Measured Software Schedule ❑ 4305 7975-002 Application Software Support Services Addendum ❑ 4305 7983-001 Application Support Services Schedule ® 4305 4022-000 Additional Terms and Conditions This Supplemental Schedule Order ("Order") is placed under the Agreement identified by the Agreement Number listed above. Unisys may accept or decline this Order. The terms and conditions of the Agreement will govern this Order. If there is no Agreement Number listed above when Client signs this Order, the Order will be governed by the Agreement that is identified below and attached to this Order, and Unisys will assign an Agreement Number upon its acceptance of the Order. Agreement title and form number (complete only if there is no Agreement Number in the block above) Agreed and Accepted Unisys Corporation / xn ey (Signaturee)/) / (Data) Glil.. /ate L ~ o o~ P nle)Rle) f~ 4305 6209-009 (9/05) >=r~ sI ~e. X33 Y1'~4 ( rl) Q time) Agreement Number UNISYS Equipnier Sale Schedule 05120016 Equipment Location Brazos County, 300 East 26th street Suite 117, Bryan, TX 77803 List of Products Applicable to this Rework Maxwell facility per quotation of 1 713,200 713,200 tune 20, 2006 to include the following: acility emergency generator tedundamt air conditioners for Server Room Electrical engineering, general construction, electrical rework, Server Room raised floor, acility fire alarm system, relocation of gas Teter, fachty surage protection systems, 5kVA UPS system and security card key ccess system sbestos Abatement 1 21,000 an loading dock 1 25,625 21,000 25,625 Call-Home Option Pricing - Pricing for certain Unisys servers reflect a discount for enablement of the call-home feature f r.,m,m inevon cna-ge $ lotel purchase pro, $ 759 or warranty service. For those servers designated as bein f i h d ,82: g s e urn with the call-home feature, Client acknowledges and agrees th 0" at failure by Client to enable the cal-home feature may result in additional charges to Client $ Forpurposes of this Schedule: Grand total 'PPM" means 8:00 AM to 5:00 PM, Client's local time Monday throu h Frid di l 759,825 , g ay, exc u ng Unisys designated holidays; L Inst ll ti " ess; dovm pa ment a a on Date means (a) for equipment installed by Unisys, the date Unisys completes installation or (b) for e ui t y $ q pmen installed by Client, the tenth day following shipment to Client and "Support Center Services" i5 8551stanCB T provided by electronic or voice communication during the PPM on operating the Equipment, identifying errors or malfunctions and advising on known detours, and detemlining the need for o"I otal amount due $ 759,825 remedial service. During non-PPM hours, it will consist of expediting response to network down and system emer encies S g . ome non Unisys products are not included in this service. Service Warranty Unisys provides a Service Warranty for equipment designated A, B, C, D, H or P in the Warranty column. Support Center services are included in the Service Warranty for Client Installable equipment for ninety (90) days from the Installation Date. The Service Warranty also includes Mail-In Service, Equipment On-Call Remedial Maintenance or parts exchange according to the following descriptions: a) For equipment designated °A" that is within 50 miles (80 kilometers in Canada) of the center of a Unisys Primary Service City, Unisys wil make every reasonable effort to respond to requests for on-site service within four (4) hours provided the request is received no later then four (4) hours prior to the end of the PPM (4 Hour Response). b) For equipment designated "A" that is more than 50 miles (80 kilometers in Canada) from the center of the nearest Unisys Primary Service City and for equipment designated "B," Unisys will make every reasonable effort to respond to requests for on-site service received during a PPM no later than the next PPM (Next Business Day Service). c) For equipment designated "C," Unisys will make every reasonable effort to respond to on-site service requests two (2) business days from call placement during the PPM (Second Day Service). d) For equipment designated 'D," each unit shipped or brought to the Unisys designated location at Client expense and risk will be repaired or exchanged by Unisys wihin seven (7) business days after receipt (Mail-In Service). e) For equipment designated "H" that is within 50 miles (80 kilometers in Canada) of the center of a Unisys Primary Service City, Unisys will make every reasonable effort to respond to requests for on-site service within four (4) hours. For equipment designated "H" that is more than 50 miles (80 kilometers in Canada) from the center of the nearest Unisys Primary Service City, Unisys will make every reasonable effort to respond to requests for on-site service received during a PPM no later than the next PPM (Next Business Day Service). Q For equipment designated "P,' Unisys will provide, on an exchange basis, replacements for defective parts provided that Client complies with Unisys or Unisys suppliers then-current exchange policies and instructions for obtaining and installing replacement parts and returning failed parts. The number immediately following the A, B, C, D, H or P designation identifies the number of months, following the Installation Date, that the Service Warranty will be performed. "t1l'•' 1I~?'F 43054931-006(6/05) Agreement Numbei UNISYS Additional Terms and Conditions 05120016 Client name and address Date Brazos County, 300 East 26th Street Suite 117, Bryan TX 778uo 6/20/2006 Unisys and Client hereby amend the above referenced Agreement by adding the following terms and conditions, consisting of paragraphs t through 19, on pages 1 through 1. 1. These added terms and conditions will apply only to the Products and Services ordered under and concurrent with the effective date of either the attached Agreement or the attached Supplemental Schedule Order, whichever one expressly references this form, and not to any other order for Products and/or Services unless specifically agreed upon in that written order. 2. Payments Schedule: 3. Completion of Asbestos Abatement: $21,000.00. 3 Project Management - To be billed Monthly starting first month of facility rework at $12,333.00 per month. 4 Completion of Electrical, Mechanical and Construction Drawings: $78,574.00 5 Completion of facility demolition: $78,181.00 6 All environmental systems will bill on shipment: Air conditioners, UPS & Emergency generator: 141,630.00 7 General, Electrical and Mechanical Construction: Progress Payments of $121,816.00 per month for 3 months Last Payment of $37,993.00 on completion of facility. 8 We assume that the existing HVAC units are in proper operating condition. This proposal does not include any repairs or replacement of these units. 9 Overtime labor, if required. This proposal is predicated on normal weekday working hours. 10 Union labor, if required. 11 Correction of any existing Code deficiencies. 12 Structural reinforcements or modifications to building structure, if required. 13 Additional asbestos abatement. If, during the course of this work additional asbestos above and beyond the VC floor tiles noted in our Asbestos Report is discovered, work shall stop until a work-around solution can be devised or the asbestos is abated by others. 14 Permit to Operate emergency diesel generator, if required. Unisys assumes that the County will provide this item. 15 Fuel for diesel generator. 16 Battery exhaust venting or spill containment, if required. 17 Hidden conditions (relocation of pipelines and conduits, etc.) discovered during excavation for loading dock. 18 Regarding of grounds to promote rainwater runoff and drainage, if required by Authority Having Jurisdiction (AHJ) during plan review process. 19 The cost of copper is very unstable and continues to go up. The pricing for this contact is based on the cost of copper on June 2o, 2006. It there is an increase in cost it will be passed on to the county at cost. Draw a line so= the last page after the last paragraph of this amendment Reference this form and its Date on, and attach it to, the applicable SuPPlemental Schedule Order or, d none, the Agreement. 4305 4022-000 (3/98) ` OL S I Ff;~~._ 2.35 Agreement Number GUN 05120016 • UNISYS Master Agreement for Products and Services This Master Agreement for Products and Services is between Unisys Corporation, a Delaware corporation, with offices at Unisys Way, Blue Bell, Pennsylvania 19424 ("Unisys°) and: Client Name and Mailing Address Brazos Countv 300 East 2e Street Suite 117 TX 77803 This Agreement consists of the terms and conditions on pages 1 through 5 and those of the followinc checked dnnimc.lc- ❑ 4305 4931-006 Equipment Sale Schedule ❑ 4305 4933-006 Software License Schedule ❑ 4305 4934-001 Information Services Schedule ❑ 4305 4940-005 Support Services Addendum ❑ 4305 4942-002 Support Services Schedule ❑ 4305 4944-002 Support Services Schedule for Desktop Equipment ❑ 4305 4935-001 Systems Integration Addendum ❑ 4305 4936-002 State and Local Government Addendum ❑ 4305 5383-002 Statement of Work ❑ 4305 7940-002 OS2200 Metering Software Schedule ❑ 4305 7942-003 MCP Metering Software Schedule ❑ 4305 7944-001 NDP Measured Software Schedule ❑ 4305 7975-002 Application Software Support Services Addendum ❑ 4305 7983-001 Application Support Services Schedule 171 The parties acknowledge they have read and understand this Agreement (pages 1 through 5, including all checked and attached schedules and addenda) and are not entering into this Agreement on the basis of any representations not expressly set forth in it. Agreed and Accepted t) Cl, ( ignature) r KCud7 3)w (Date) (Pdntednypw name) So15 P^!'-47 9-- V 43053982-014(1/05) equipment; (c) provide Unisys access to the equipment and sufficient computer time, subject only to Client's security rules; (d) follow Unisys p,,,cedures and instructions for operator maintenance and obtaining serv ices, (a) provide a memory dump and additional data in machine readable furor if requested; (f) reproduce suspected errors or malfunctions in Software; and (g) install available error corrections and maintenance releases auiticdzed by the manufacturer on a current basis. Section 7 - Confidential Information Each party will use the same measures it uses for its own information of a similar nature, but not less than reasonable measures to protect Confidential Information provided by the other party under this Agreement from unauthorized use or disclosure and to restrict its use according to this Agreement. Title or the right to possess Confidential Information will remain with the disclosing party. All materials containing Confidential Information will be marked 'Proprietary,' 'Confidential; or in a manner which gives notice of its confidential nature. Confidential Information will not be copied, in whole or in part, except when essential for authorized use under this Agreement The parties agree to reproduce all notices on any copies made, including on storage media. If Confidential Information is disclosed in other than tangible form, the disclosing party will provide a written description of that Confidential Information to the recipient within twenty (20) days of the disclosure. The obligations stated in this Section do not apply to Confidential Information: (a) already known to the recipient at the time of disclosure; (b) independently generated by the recipient and not derived from the Confidential Information supplied by the disclosing party; (c) publicly known or available, except where such knowledge or availability is the result of unauthorized disclosure by the recipient of the Confidential Information; (d) disclosed to the recipient without a similar restriction by a third party who has the right to make such disclosure; or (e) required to be disclosed by the recipient by law, regulation, court order, or other legal process, provided the recipient provides, to the extent possible, reasonable advance notice to the other party of the impending disclosure. When this Agreement or an Order terminates or expires, or upon request the recipient agrees to return or destroy (and certify in writing destruction of) Confidential Information furnished in connection with the Agreement and/or the Order(s), including all copies made, and all writings, descriptions and summaries involving or based on such Confidential Information. Unisys and Client agree to continue with these confidentiality obligations after this Agreement ends. Client acknowledges that all support materials, including without limitation, diagnostic software and tads, are Confidential Information of Unisys and will be used only by Unisys maintenance personnel. This provision applies even though such materials may be listed in the Unisys price lists, catalogs, invoices or contracts. Section 8 - Diagnostic Tools For ease of service, Unisys may store proprietary and confidential diagnostic tools, software, and documentation, whether in printed or electronic form, (collectively called 'Tools') at Client's site or within a Product. These Tools may be pre-loaded on Client's equipment or embedded in a Product before delivery. Unisys does not license these Tools to Client. Unisys does not give Client or anyone else permission to access, monitor, use, copy, distribute, or change these Tools. Unisys acknowledges that during routine system back-ups, Client may not easily avoid copying software Tools and, to this extent, the copies are permitted provided Client protects these Tools as Unisys Confidential Information and Client does not remove any proprietary markings. Unisys may remove these Tools at will and Client gives Unisys permission and access to Client's site to do so. Section 9 - Li" Unisys either licenses S atware directly or distributes Software that is licensed by another party. in, either case, Client does not obtain ownership of Software. If Unisys distributes a Software Product with a separate license agreement that license agreement alone will apply to the Product; otherwise, the following license terms will apply. Unisys licenses each purchased copy of the Software and documentation on a personal, non-exclusive and non-transferable basis for Client's internal use in the United States but not as a service bureau, nor for outsourcing, nor for facilities management. Unisys licenses the Software solely for Client's use on a single machine unless the ordered Unisys license plan provides otherwise. Client may use the Software temporarily on a backup machine provided the Software is used on only one (1) machine at a time and Client removes the Software from the backup machine promptly after each temporary use. Client will not copy Software or documentation except for one (1) archival copy of the Software, which must bear all the legends and notices of the original item. No license is granted to Client to use any Unisys proprietary Software to assess, test, or develop any hardware products or device handler software, operating system software or hardware diagnostic software that will be marketed by Client or others for compensation. Client may develop other software programs and may test fully-developed, commercially-available third party hardware products or software programs where such testing is solely intended for Client's internal evaluation of the fitness of such product or program for Clienfs own internal data processing purposes. Client will not decompile, reverse engineer or disassemble Software, except as permitted by law. Upon notice to Client, Unisys may audit Client's use of the Software to determine Clients compliance with this license provided Unisys complies with Client's customary security rules and does not unreasonably interfere with Client's permitted use, and in such event, Client agrees to provide relevant information and reasonable facilities. Client or Unisys may end any license at the dose of the applicable license period by giving thirty (30) days prior written notice, or else the license will continue for another like period, subject to all the terms stated herein, at Unisys then-current charges. For Software licensed by Unisys, each such license ends when Client stops using the equipment on which the Software was first licensed. When a license ends, Client will destroy (and, in writing, certify destruction) or return to Unisys all copies of the corresponding Software (including copies on the equipment), documentation, and any other related Confidential Information in Client's possession that was provided under the license. Federal Government Use of Software - The Software and any accompanying documentation are commercial items that have been developed entirely at private expense. They are delivered and licensed as commercial computer software and commercial software documen- tation within the meaning of the applicable acquisition regulation(s). This license shall prescribe exclusively the Government's use and disclosure of the Software and documentation. Section 10 - Equipment Warranties Equipment may be new, newly manufactured, or assembled from new or serviceable used parts that are like new in performance. Unless the Order or the Unisys Limited Warranty Statement that accompanies the equipment provides a different warranty period, and excluding equipment provided 'AS IS', Unisys promises that Unisys branded equipment will be free from defects in material and workmanship, will be Year 2000 Ready, and will substantially conform to relevant Unisys published specifications for twelve (12) months after shipment to Client. Unisys will repair or replace, at its option and expense, items of equipment that do not meet this warranty provided Client reports the problem to Unisys during the warranty period. Unisys may fulfill f s ;?3 4305 3982-014 (1105) Unisys written notice of the claim; (b) gives Unisys control and authority to defend and/or settle the claim; and, (c) gives Unisys its cooperation in defense of such claim. Unisys will pay the costs of the defense and any settlement or damage award to, :he claim(s). If a claim is made or Unisys believes a claim is likely to be made, Unisys may, at its sole discretion, obtain the right(s) to allow Client to continue for use the Product or Unisys may replace or modify the Product. If Unisys dai,rmines that these choices are not available on reasonable terms, Client will, upon Unisys request, stop using the Product and return it to Unisys, whereupon any applicable license and charges for the Product will end, and Unisys will give Client a credit for the price paid to Unisys, less a reasonable charge for past use by Client and/or Product depreciation. Unisys has no obligation under this Section for any claim from Client, a legal entity related to Client, or any claim based on: (a) Client's design or modification of a Product; (b) Client's use of a Product in combination with anything that Unisys did not provide to Client; or, (c) a non Unisys product alone. This Section states Unisys entire liability and Clients sole and exclusive remedies for patent and copyright infringement or misappropriation and trade secret misappropriation. Section 18 - Ideas Any ideas, concepts, know-how, data processing techniques, Software, documentation, diagrams, specifications, schematics or blueprints developed by Unisys personnel (alone or jointly with Client) in connection with the Services will be and remain the property of Unisys. Subject to payment of any license fees required under the Agreement, Unisys grants Client a non-exclusive license to use any of the foregoing in accordance with the terms of the Agreement Section 19 - Termination and Cancellation Either party may cancel an Order if the other does not meet the material terms of that Order or this Agreement, provided the party who is not meeting its obligations receives written notice and at least thirty (30) days to comply with those obligations. Unisys may suspend Services, cancel an Order, and repossess Products (excluding only equipment for which the purchase price has been fully paid) if Client fails to pay any overdue payment within ten (10) days after Client receives written notice. Unisys may terminate maintenance Support Services on thirty (30) days prior written notice if Unisys determines that any alterations, attachments, Client Software modification or failure to install a maintenance release will interfere with Service provision. Unisys may terminate maintenance Support Services or change the terms of support to Client for a Product on the earlier of (a) ninety (90) days notice via written notification or posting by Unisys at its support website www.service.unisvs.oom or (b) at the expiration of the then-current term for those Support Services. Either party may terminate any license for Software or any Support Services upon expiration of the applicable term upon thirty (30) days prior written notice. The license or service will renew or extend in accordance with the provisions of this Agreement, if such notice is not given. The licenses for any Software automatically terminate upon Client's discontinuance of use of the equipment on which the Software was licensed, at which time Client must either destroy or return the Software and documentation to Unisys. Upon termination or cancellation of Support Services, all Tools will be returned to Unisys. Any term-, ` the Agreement that by their nature extend after the end of the Agreement cs!! remain in effect until fulfilled. The rights or duties relating to protection cf Confidential Information, indemnifies, security interests, or compliance with 9xnort regulations will survive termination or cancellation of this Agreement. Section 20 - Dispute Resolution Either party may resolve any claim or controversy related to or arising out of this Agreement, whether in contract or in tort ("dispute"), on a confidential basis according to the following process, by first delivering a written notice describing the dispute and the amount involved ("demand's to the other party. (a) Mediation - After receipt of a demand, either party may start mandatory non-binding mediation before a single mediator, under the commercial mediation rules of the American Arbitration Association (AAA). (b) Arbitration - If the dispute remains unresolved forty-five (45) days after the receipt of the demand, either party may start binding-arbitration before a single arbitrator, under the commercial arbitration rules of the AAA. No statements by, or communications between, the parties during negotiation or mediation, or both, will be admissible for any purpose in arbitration. The arbitrator(s) will have no authority to award punifive damages, and their decision must be consistent with this Agreement. Each party will pay its own expenses and attorney's fees. Either party may use a court of competent jurisdiction to (a) enforce an arbitration award; (b) seek temporary equitable relief to protect its interests; or (c) recover specific properly, including an action in replevin. To the extent permitted by law, no action related to this Agreement may be brought more than two (2) years after the cause of action first accrued, except if a demand is made within forty-five (45) days before the end of this two (2) year period, the parties shall have an additional sixty (60) days from the demand to start mediation under this Agreement. Section 21- Other Provisions Client and Unisys will tell their agents of their obligations under this Agreement Unisys will excuse any failure that is beyond Client's reasonable control and Client will excuse any failure that is beyond Unisys reasonable control, except that Client shall not be excused from making payments when due. Any failure or delay by client or Unisys in exercising any right or remedy will not be a waiver. If any provision of this Agreement should be declared invalid, the remaining provisions will continue to have effect This Agreement, documents expressly incorporated by reference in this Agreement, and any Orders under this Agreement, are the entire agreement between Client and Unisys for the Products and Services under that Order and supersede all prior related proposals, agreements, and all other communications between Client and Unisys. THE LOCAL LAW OF THE COMMONWEALTH OF PENNSYLVANIA WILL GOVERN .THIS AGREEMENT, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. Only a Unisys Vice President, General Manager, or Contracts Manager is authorized to make any change to this Agreement or an Order. Client may not assign or transfer Clienfs rights or obligations under this Agreement without the prior written consent of Unisys. Unisys may subcontract Services to third parties. Client shall send all notices to the Unisys office that services Client and, for notices under Sections 17, 20 and requests for information under Section 5, provide a copy to the Unisys Office of the General Counsel, Unisys Way, Blue Bell, PA 19424-0002. If 5 d✓U 4305 3982-014 (105) UNISYSy Supplemental Schedule Order Client Brazos County, 3000 East 26th Streert Suite 117, Bryan, TX 77803 of Products/Services Agreement Number 05120016 This Order consists of the Products and/or services described on the forms listed and checked below Check N Number I Otal dollars applicable of pages : Form number ' Description ® ❑ 4305 4931-006 Equipment Sale Schedule ❑ 4305 4933-006 Software Licenses Schedule ❑ 4305 4934-001 Information Services Schedule ❑ 4305 4940-005 Support Services Addendum ❑ 4305 4942-002 Support Services Schedule ❑ 4305 4944-002 Support Services Schedule for Desktop Equipment ❑ 4305 4935-001 Systems Integration Addendum ❑ 4305 4936-002 State and Local Government Addendum ❑ 4305 5383-002 Statement of Work ❑ 4305 7940-002 OS2200 Metering Software Schedule ❑ 4305 7942-003 MCP Metering Software Schedule ❑ 4305 7944-001 NDP Measured Software Schedule ❑ 4305 7975-002 Application Software Support Services Addendum ® 4305 7983-001 Application Support Services Schedule 4305 4022-000 Additional Terms and Conditions This Supplemental Schedule Order ('0rder°) is placed under the Agreement identified by the Agreement Number listed above. Unisys may accept or decline this Order. The terms and conditions of the Agreement will govern this Order. If there is no Agreement Number listed above when Client signs this Order, the Order will be governed by the Agreement that is identified below and attached to this Order, and Unisys will assign an Agreement Number upon its acceptance of the Order. Agreement He and form number (complete only if there is no Agreement Number in the block above) Agreed and Accepted Unisys Corporatim ay'lkl L Client: Brazos County ~LGyICY~~G~ IT fbl (Date) t(Printedhyped IMs (Date~ name 1., SI ~-y' a iM1] ~3 ( 4305 6209-009 (9105) • Agreement Number UNISYS Additional Terms and Conditions os,2oo,s .dent name aM address oat, Brazos COW'di;v, 300 East 26th Street Suite 117, Bryan, TX 77803 Unisys and Client hereby amend the above referenced Agreement by adding the following terms and c consisting of paragraphs 1 through 21 on pages 1 through 1. onditions, 1. These added terms and conditions will apply only to the Products and Services ordered under and concurrent with the effective date of either the attached Agreement or the attached Supplemental Schedule Order, whichever one expressly references this form, and not to any other order for Products and/or Services unless specifically agreed upon in that written order. 2. Unisys billing will be processed after the County has approved the Unisys Customer Certificate of Project Completion. Draw a In a=w the last page after the last paragraph of this amendment Reference dds rotor and Rs Date on, and atlach ft b, the applicable SupplemenW ftedule Order or, if none, dre Agreement. 01 4305 4022-000 (3/98) UNISYS DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. Presentation to Brazos County INFORMATION TECHNOLOGY/ OPERATIONS FACILITY REWORK By UNISYS Design Build and Relocation Services Revised June 20, 2006 Technology Centers for tomorrow's needs UNISYS DESIGN BIIILD and RELOCATION SERVICES Imagine it. Done. Table of Contents Executive Summary And Vendor Overview Error! Bookmark not defined. Management Approach 7 Project Management Overview 9 Facility Desiqn and Implementation Proposal ....................................................................15 Asbestos Removal 19 2 Technology Centers for tomorrow's needs umff DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. Presented to Brazos County EXECUTIVE SUMMARY Brazos County has a requirement to develop a new Information Technology/Operations Center. This center will house the main information technology operation and related functions. Under this engagement, Unisys will design and build-out the new Information Technology Center. From this information Unisys has developed a facility design and list of environmental support equipment. In the implementation phases, Unisys will provide project management, consulting services, facility rework and environmental support systems. UNISYS OVERVIEW Hiatorv and Experlence Unisys Design Build and Relocation Services Group was first formed as a specific and unique Unisys business unit in 1984. While it has evolved over the years, its primary goals and objectives have not changed. This group was formed with the mission of assisting Unisys clients with the preparation of technical space for housing complex electronic systems. As a result of their involvement in the design and build of technical space, the natural progression for this group was to assist clients planning complex relocations. This group has the knowledge and resources, developed over the years to ensure that complex relocations are handled in a manner that is least disruptive to not only their clients, but also their client's business. One of the major benefits realized by Brazos County when using Unisys Design Build and Relocation Services Group is the ability to establish a single point of contact and responsibility for the delivery of complex integrated environmental solutions by an integrator who truly understands both the workflow of the environment as well as the complexities of the hardware. A vendor who, by experience, can translate this information into an efficient as well as cost-effective center to house Brazos County's Information Technology/Operations Facility. 3 Technology Centers for tomorrow's needs ums" DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. We have contracted with the "Best of Breed" manufacturers of facility support products to deliver their products through the Unisys Design Build and Relocation Services ~DBR) group to insure the highest available levels of quality and reliability for our customers. Among those products designed specifically for the Computer Room are: • UPS systems from 20VA to 4000 WA • Paralleling Technology Parallel for Redundancy Parallel for Capacity • Power distribution • Static transfer switches • Building HVAC systems • Computer Room air conditioning systems • Network cabinets Monitoring and security systems • Access flooring Fire detection and suppression systems • Operations consoles and large screen displays (Network Operations Center) Transient voltage surge protection • Air filtration systems Emergency power generation systems and switchgear 24-hour remote monitoring of critical environmental systems In addition to the products listed, the Design Build and Relocation Services group also has a broad portfolio of related services which, when integrated with the products previously listed, provide the customer with a truly comprehensive solution. Among the services available to our customers are: • New facility planning, design and implantation • Engineering and design of environmental support requirements • Optimization of existing facilities (down sizing and right sizing) • Work flow planning • Project management • Product installation by certified contractors • Single source billing and solutions • LAN design • Network wiring planet design and implantation A separate but related service provided by the Design Build and Relocation Services group is a programmed relocation. The ability to program, manage, and execute a complex relocation is a highly valuable service for our customers. Special attention is paid to minute details, whether the relocation involves moving across town or across the country. The project managers understand the importance of planning at every level and in their plans always ask, "what if?" This ensures all matters are considered and contingency plans put in place, especially for items that are beyond the control of the manager, ranging from a key elevator breaking down during the move to inclement weather. The Unisys project manager understands that the key to a successful move is to understand the unique needs and requirements of the client and then translate those requirements into a workable detailed plan. The execution of the plan then becomes a part of the overall project. Good, smooth 4 Technology Centers for tomorrow's needs UNISYS DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. relocations do not just happen. They are the result of careful planning by knowledgeable project managers, and then managing the project plan. When the enterprise EDP/information Technology/operations facility function must be moved, Unisys provides the following capabilities: Pre-move planning and coordination Development of a project plan Execution of the plan by skilled Project Managers Equipment prepared for shipping by Unisys technicians Physical relocation of equipment by insured, experienced electronics equipment movers Re-installation and test of equipment by Unisys technicians (non-Unisys supported equipment can be subcontracted) Relocation of Wide Area and Local Area Networks Provide support to define and install duplicate network support equipment 5 Technology Centers for tomorrow's needs UMSYS DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. References Unisys has delivered these comprehensive data center design/build and relocation solutions to our customers for over twenty years. We have recently assisted Kern Schools Federal Credit Union, in Bakersfield, California with the design and build of their new Information Technology/Operations, Check Processing and Corporate facility. This facility features emergency generator backup with Uninterruptible Power Supply (UPS) protection and computer grade air conditioning. The Information Technology/Operations operations is located on 24,000 sq ft of the 145,000 sq foot facility. 5 years ago we reconstructed an existing 21,000 sq ft commercial building into a modern corporate data center for the Kern Schools Federal Credit Union in Bakersfield, CA which included space planning, electrical, HVAC, and network design and implementation. This facility is now equipped with remote monitoring and comprehensive power protection for the entire building including a 500 kW emergency diesel generator, UPS system and transient voltage surge suppression plus redundant air conditioning for the Computer Room. We have just completed a relocation project for Comerica/imperial Bank for the merging of four locations into two facilities. This included the design of the additional environmental support equipment required for additional computer and network hardware and the relocation of check processing machines, high-speed page printers and network support systems. The following is a partial list of references: Kam Schools Federal Credit Union United Western Grocers 4202 Comerica Bank-California Aurum Technology FISERV Fritz Companies Mr. Dave DuBose Mr. Rick Smith Ms. Marcia Brizel Mr. Rob Tripathi Mr. Myron Bartlett Mr. Randy Nelson 661 833-7970 800 242-9907 ext 408 556-5013 323 224-5702 818 756-7179 650 246-8369 We have limited our references to those in the Western Region that are current and specifically related to the needs of the RFP. Additional references are available upon request. 8 Technology Centers for tomorrow's needs UNISYS DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. Management Approach Presented to Brazos County MANAGEMENT APPROACH Organization The Unisys Design Build and Relocation Services Group reports through the domestic Unisys Direct operation to the Global Infrastructure Services function of Unisys Corporation, which is based in Blue Bell, PA Unisys Direct has the responsibility to secure and deliver consumable supplies and business solutions for Unisys products, high-speed printer solutions, and critical power support products to meet the business needs of the Unisys global customer base. On the Internet Unisys Direct can be located at www.unisysdirect.com. There are four Design Build and Relocation Services teams strategically located throughout the United States. Each team is comprised of an Account Executive, and Delivery Manager support person. All teams have the capability to draw on any and all resources within the corporate Global Infrastructure Services operation to deliver technical manpower and project management services required by our customer's specific design/build and relocation requirements. The Unisys Design Build and Relocation Services Group has provided technical design solutions and products to our Customers since 1984. The Design Build and Relocation Services group has established and maintained relationships with leading manufacturers of data center support products. In order to install, test, and maintain these products, the Design Build and Relocation Services Group has also developed a cadre of qualified electrical and mechanical contractors who are experienced in the specialized requirements of these systems. Working Relationship Our methodology in delivering complex solutions is to partner closely with the Customer during the period of time that we are supporting their needs. The Account Executive assigned will be responsible for maintaining the Customer's satisfaction throughout the process. The Project Manager has a more direct relationship with the people and companies providing the products and services. Depending on the scope of deliverables, one or more additional experienced project managers may be involved. 7 Technology Centers for tomorrow's needs 8/ d W UMSYS DESIGN BUILD and RELOCATION SERVICES Imagine it. Dane. Unisys to take total responsibility for the Information Technology/Operations facility design build and relocation, we would employ the services of our corporate staff architectural department to develop construction documents. Unisys will spend the time with Brazos County to understand their needs, and then provides a managed and comprehensive solution to meet them. The true value of the DBR set of deliverables to Brazos County is our ability to minimize the effect of the relocation on the Customer's daily operations. Quality Assurance The Unisys Total Quality Process IS09002 Certified Unisys clients have a right to expect that our products and services meet their demanding requirements. Therefore, the methodology we use to achieve total quality begins with a thorough understanding of our client's requirements and ends with their evaluation of our performance against these requirements. That methodology is implemented through the Unisys Total Quality Process (UTQP). UTQP is an essential element of our business strategy. It is the single best way to improve client satisfaction, reduce cost of operations, and improve employee morale. UTQP is more than just the seven elements listed below. Our quality process includes a disciplined approach to identifying client requirements and driving this information into key Unisys decisions. A Unisys client support system allows us to employ quick-response management resources to bear on critical problems. Key Elements of The Unisys Total Quality Process • A goal of meeting Unisys client needs and expectations. • A corporate-wide, top-down commitment to quality, applicable to every Unisys function and activity. • An awareness of the importance of quality and the value of prevention over correction. • Away of measuring our quality achievements in the eyes of our clients. • A value system based on the factors needed to achieve excellence in today's global marketplace. • The elements needed to create an environment conducive to quality improvement. • A process used to identify needs, implement improvements; re-engineer work processes and verify results. 8 Technology Centers for tomorrow's needs UNISYS DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. Project Management Overview Presented to Brazos County 9 Technology Centers for morrow's needs UNISYS DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. PROJECT PLANNING Goal Statement In order to provide for minimum impact on the user community and maintain a high level of customer service, the task of scheduling and managing concurrent activities will be of paramount importance to the success of this project. To accomplish this goal, the project plan, when developed, will include activities to be performed by Brazos County and Unisys. This plan is a dynamic and evolving tool, and will be adjusted by mutual consent of Brazos County and Unisys as required. Overall Scooe The scope of work for a project includes the following as major activities: Provide comprehensive project coordination to plan, track, coordinate, manage, and report each stage of the project. Survey all locations to determine installation requirements, equipment layout, and elements speck to that location. Coordinate and manage the activities of the contractors required to complete the location preparation as identified in the Unisys Scope of Work. Protect Coordination Stratesty Overall Project Coordination will be critical to the successful and efficient deployment of a project. A Unisys Project Manager will be assigned to insure the successful completion of the construction and relocation process by providing a central point of contact and to coordinate Unisys and non-Unisys resources. One of the primary considerations is to identify the project coordination strategy, the Unisys Team members and their responsibilities. Initially, Unisys will, along with Brazos County, review the overall project goals and the requirements as defined to date, assigning risk assessments, milestones and ensuring all factors have been considered. As an active participant throughout the project, Brazos County helps define tasks, deliverables, and responsibilities. Because of the involvement of Brazos County and Unisys as a team in developing, controlling, and approving the direction of the project we can be confident that the final result is an effective project plan. Management can be assured that the project will meet defined objectives and the staff will have a complete understanding of their responsibilities and the targeted results well in advance of installation activities. 10 Technology Centers for tomorrow's needs a asz~ UMS" DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. Pr©lect Planninn All the tasks identified, along with the resources required to perform those tasks, go towards making up the project schedules. During the project these schedules provide the means by which project progress can be monitored, controlled, and reported upon. A project plan consists of more than just the visible schedules. It will contain detailed descriptions of: • The project organization, which is subject to change during the life of a project • How project progress is to be reported and to whom, how, and when • The risks and assumptions associated with the plan and any contingency plans required The Project Manager may need to produce a number of plan subsets for a project, each serving a different purpose. These would be: The Overall Project Strateav Plan This is produced at the beginning of the project and contains details of the project organization, reporting and control mechanisms, what sub-plans will be produced and when, and high level schedules for the whole project. This plan will define the following: • Goal of the project • Brazos County organization chart and the designated points of contact, names and phone numbers • Brazos County project manager • Escalation policy and procedures • High-level description of the project and its phases • Description of the major project milestones and their relationship to deliverables • As applicable, vendor contacts, policies and procedures for warranty on Unisys provided third party products • What project sub-plans are required and when they will be produced • A high-level project chart showing critical milestones • Responsibilities of Unisys and the Brazos County, which will be cooperatively developed • Planned staffing requirements, names and time frames • Acquire existing building drawings to assist in the site evaluations for facilities planning • Procedures for location entry and names of security personnel for building access • Planned equipment and material requirements and establishing of schedules • Definition of procedures and computerized tools required to maintain the project plan • Reporting requirements - type of reports, format of reports, report distribution list and schedule when they are to be distributed • Options for corrective actions if the project schedules slips -escalation procedures • Risks and Assumptions 11 Technology Centers for tomorrow's needs p- 251 UM"S DFMGN BUILD and RELOCATION SERVICES Imagine it. Done. Proiect Sub-Plans These are detailed plans for each phase or sub-project and are produced at defined periods. These are updated on a regular basis to reflect project progress. This is the project coordinator's working document and contains some or all of the following: Description and purpose of the sub-plan and expected deliverables Description of any managerial processes specific to this sub-plan A work breakdown structure with a diagram showing the relationship between tasks For every task: o A description including the expected deliverables o Duration of the task o Resource requirements and the needed skills o Assumptions used o Risks associated with the plan Individual or Team Work Plans The Project Manager responsible for tasks outlined in the project plan produces these for each team member. This is the individual's working document. This document should include the following: Individual's name / Project Manager name Dates covered by the plan List of tasks allocated for the week For each task: o Task Identifier o Description o Expected deliverable o Acceptance criteria for the deliverable o Expected start and end date/time o Estimated effort to perform the task o Resources required performing the task A by-product of this project strategy is the project plan status reporting. There will be reports distributed to track all the items stated above. These reports will be targeted to varying groups. Therefore, some will be in summary format - recent accomplishments and near-term activities, while others will provide significant detail on all action items including assignments and time frames. 12 Technology Centers for tomorrow's needs Y.~;s a UNISYS DESIGN BUELD and RELOCATION SERVICES Imagine it. Done. Project Tracking Me004010M Inherent in the Unisys project management strategy is a tracking facility that will provide the customer with the status of the deployment as it progresses. Project Documentation Project documentation will be provided and distributed to the appropriate destinations. Brazos County will be provided with the following: Facility planning for new Unisys CS Systems AutoCAD as-built facility drawings Deployment plan Objectives of the project • Assignments and responsibilities Responsibilities of Brazos County and Unisys Appropriate milestone and schedules Project control procedures Change control procedures Requirements for progress reporting Status meetings reporting • Contingency plan manpower requirements Project schedule Hardware/Software acquisition time lines Deployment schedule The above is a snapshot of the documentation that would normally be provided. Additional documentation can be provided if required by the project. Project Reaortina Status Reporting will be done on a regular basis regarding the various aspects of this project. Escalation Reporting will be done immediately on an occurrence basis followed by a formal document detailing the issue that caused the escalation. The format of the report will be determined by the reason of the occurrence and escalation level required. Change and Problem Management Change Management Reporting will be done per established change management procedures as outlined below in order to provide the least intrusive method to the user community. Changes and problems are treated in the same way as they both could impact the project schedule and assigned tasks. As the project progresses, there will be many factors that will result in the need to revise the project plan. The most common factor is simply normal project progress. Tasks that are ahead of schedule or behind schedule will result in the need to revise the project plan. Some other common influences that may require change to the project plan are: • Change in requirements • Change in scope • Change in resource availability • Change in schedule _ 13 Technology Centers for tomorrow's needs ol. 9/ P^.pr aS5 IS DESIGN BUILD "and RELOCATION SERVICES Imagine it. Done. Change in design In order to effectively manage such problems and changes within the project, a controlled process must be utilized, incorporating Unisys Change Order Forms. The effect of potential changes will be assessed immediately and documented then copied to all required parties. Once all of the necessary personnel have been notified of the impact, they will be escalated to the appropriate level of management for decision and sign-off. Upon sign-off a revised plan will be developed in order to achieve the desired goal. All changes in the project plan will be carefully reviewed in detail at the regular status meetings. Change control is allowed only if a justification and impact analysis have been performed and signed-off. Changes that are deemed necessary by agreement, but are outside of the scope of the current Supplemental Schedules, will require the execution of a Change Order form. This should provide a comprehensive overview of the project planning and control process. As defined in this Proposal, Unisys will provide an experienced and qualified project manager to manage the following: [ Ongoing project meetings Monitor and update schedules and reports Coordinate all aspects of the design/build of the new data center facility Supervise and schedule all subcontracted trades ® Installation of the environmental support equipment ® Inspections and acceptance of equipment and construction New network facility LAN design - (PROVIDED BY BRASOS, COUNTY) Rework and upgrade environmental system Equipment startup and commissioning to Witness and acceptance testing 14 Technology Centers for tomorrow's needs UNISYS DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. Facility Design and Implementation Proposal Presented to Brazos County 15 Technology Centers for tomorrow's needs ti3 OI'tF ~6S UNISYS DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. PROJECT OVERVIEW AND DETAIL It is understood that Unisys Corporation's Western Region Design Build and Relocation Services Group will provide Preliminary Design and Design Development services to Brazos County to be used as the basis for the new information Technology/Operations Facility. Services will consist of the development of design information as outlined and attached herein. Utilizing information gathered on-site, and from Brazos County, Unisys has developed a Facility Program document. This document will contain information defining construction recommendations, equipment specifications in Microsoft Word format, and space layout drawings in AutoCAD format. The resultant information, after review and approval by Brazos County, will be included in the Unisys construction documents. This engagement will consist of two (2 distinct phases). Phase I will consist of preliminary and final detailed design services with drawings and submittals ready to submit for plan check approval and permits to construct. Phase II will consist of the actual construction and project management plus specific items of environmental support equipment for the Information Technology/Operations Center. Unisys provided schematic design and design development services for this project will consist of the activities described below. SCOPE OF SERVICES Phase I Preliminary Design Phase Deliverables For this phase, the deliverables will consist of a rough outline of the layout and key components of the new information Technology/Operations Center and define the general scope of the project. 1. Ascertain, confirm, and document the requirements for the project. 2. Make recommendations concerning basic systems for this project. 3. When necessary, consult with public agencies and other organizations concerning utility services and Code requirements. 4. Develop space layout plans for data center functional areas, with equipment layout for the projected data center. These functional areas will be planned with considerations for optimum groupings of equipment while considering cable length restrictions, floor mounted support equipment (air conditioning, UPS systems, etc.), building structural columns, work areas, air circulation, maintenance access and other factors that affect the layout of an effective and efficient Information Technology/Operations facility operation. The preliminary layouts shall depict computer and server equipment, MDF and network rack space requirements based on the move-in and anticipated growth period unless otherwise determined during the fact gathering interviews. 5. Plans will also provide for consideration of the other functional areas in the proposed facility including support areas (systems support, operations, equipment repair, testing area, forms storage, training rooms and etc.) administrative/office spaces, mechanical/electrical functional areas, and typical building core features. 16 Technology Centers fortomorrow's Jneeds Y ` ?~F' UNISYS DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. petalled Desis~n Phase Dellverables For this phase, the deliverables will consist of drawings and specifications, which address and identify in detail, the product specifications and requirements for the design of the New Information Technology/Operations Center. Information provided will consist of but not limited to the following: 1. Based upon the initial floor plans, Unisys shall prepare and formally present to Brazos County the Design Development Documents consisting of AutoCAD drawings, specifications, and other documents necessary to describe the project, including materials, equipment, component systems, and types of construction as may be appropriate. Consideration will be included on an as-required basis for: • Data center responsiveness to existing surroundings, i.e., environmental considerations, etc. • Coordination of structural engineering data with Unisys appointed structural engineer. • Coordination of mechanical and electrical engineering detail by provision of specifications and or submittals of equipment recommended. Data cabinet and other support equipment layout drawings. Floor plans illustrating functional relationships and adjacencies inside the Server Room and the peripheral support functions. 2. Data center facility plans detailing complete electrical design, HVAC design, cable cutouts, LAN design, network equipment cabinet locations, support equipment, and other support peripherals in AutoCAD format. The drawings convey quantities, qualities and relationships of the materials and systems. The specifications convey Unisys scope of work, establish the quality of workmanship, equipment, materials, and identify overall project requirements. Unisys will incorporate the following features into the design of the New Information Technology/Operations Center: _ As per approved • The existing facility air conditioning system will be modified to support the new facility layout. • New fire orotection systems As required by the City of Bryan, TX a whole facility fire/smoke detection system will be installed. This system will also provide smoke detection for the Server Room. • Facility lighting design Because of the age of the ceiling lighting, it will be replaced with new T-8 fixtures. This will greatly decrease the daily electrical power required to light the facility. (BTU will be providing a rebate that will be credited to the project). • Data communications and voice cabling desion (wiring plant) The datalvoice cabling conduits will be provided by Brazos County. Unisys will coronate with Brazos County to install the wiring plant during constriction. mold Data communication conduits cable tray and wire The in wall conduits/w duplex cable boxes and wire mold will be provided and installed as part of this Unisys contract. Unisys will provide (5each, 1g° data cabinets and 4each, 1g° relay racks). • Location of convenience outlets Rework the existing electrical outlets for the new facility design. • Access control and security systems Access control will be installed with two levels of security per attached drawing. • Server Room Dower distribution systems Power distribution will be provided via under floor conduits. 17 Technology Centers for )tomorrow's needs t,, 11 IF 7 UNISYS DESIGN BIIII+D and RELOCATION SERVICES Imagine it. Done. • Uninterruptible Power Supply (Q S system The existing 15kVA UPS will be relocated with the servers at a future date. For ease of relocating the existing UPS a new maintenance bypass swath and under floor power circuits will be installed as part of the facility electrical rework. A new 15kVA UPS will be installed in the Server room as part of the electrical rework of the facility. It will also provide dual corded power to the server racks enabling one UPS to fail or be taken off line for maintenance with impacting the dual corded servers. • Computer room air conditioning systems New computer grade air conditioning with 100% redundancy will be installed. The air conditioners will also be fitted with an auto-change over control. This control will automatically monitor the status of the air conditioners and in the event of a failure or the room temperature increasing turn on the other air conditioner. It will also on a scheduled bases change the lead lag air conditioner. • Emergency oenerator A new emergency generator will be installed to support the entire Information Technology/Operations Center Facility. This will enable the facility to maintain its total operation in the event of a power failure. • Lightning protection systems Facility and Server room surge protection will be provided. • Data center grounding systems Server room raised floor, electrical service, network racks and cable tray will be grounded to meet code. • Emergency power-off controls and interlock systems The Server Room will be equipped with an Emergency Power Off circuit to immediately shut down the air conditioning and UPS in the event of a fire. • Loading dock A small concrete loading dock will be constructed on the southeast corner of the facility to facilitate the unloading of small van. 3. Product recommendations and specifications for Information Technology/Operations facility support products recommended in the project deliverable. 18 Technology Centers for tomorrow's needs umffs DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. Asbestos Removal On May 12, 2006 a limited asbestos survey was conducted at the Maxwell Center site by Loflin Environmental Services, Inc. The purpose of this survey was to identify the presence and quantity of asbestos containing materials and assess those that may be disturbed in the course of building renovation or demolition. Attached is a copy of those laboratory results, as well as a drawing consisting of sample locations and areas where floor tiles containing asbestos were discovered. Visual observation of the building revealed ceiling tile, joint compound, plaster, firebrick, sheet vinyl floor the and mastic. Representative samples of these materials were collected in accordance with TDH regulations and submitted to Loflin Environmental Services' Houston laboratory for asbestos analysis. All were analyzed using Polarized Light Microscopy (PLM) coupled with dispersion staining in accordance with the EPA's "Method for the Determination of Asbestos in Bulk Samples" EPA 600/R/R-93/116, July 1993. Based on laboratory analysis, the 9" x 9" floor tiles were found to contain 8-10% chrysotile asbestos. The asbestos containing floor tile was discovered in various areas beneath carpet and vinyl sheeting, totaling 6,100 square feet. Although every attempt was made to determine the locations and quantities of this material, additional quantities of this material may be present under other carpeted areas. No other suspect materials were identified. 19 Technology Centers for tomorrow's needs VO 91 FACE aIS? UmffS DESIGN BUILD and RELOCATION SERVICES Imagine it. Done. Phase II Imulementation Phase Deliverables For this phase, the deliverables will consist of the actual construction services, specific hardware items, and project management necessary to deliver a completed data center ready for use. These will consist of the following: 1. Provide and install power distribution including output electrical circuits to support the Server Room critical loads. 2. Provide and install computer grade air conditioners. 3. Provide and install conduits, wire mold and cable tray to support the installation of the networklvoice wiring plant. 4. Rework facility as per approved drawings. 5. Project management. umma : Unisys has the capability and expertise to deliver comprehensive design information and services to Brazos County. The design delivered will consist of cost-effective systems with the high reliability expected of a mission critical facility. Consideration will be given to sizing of systems in order to accommodate future growth requirements. Redundancy and backup will be considered for critical systems serving the data center and other areas identified during the design process. The systems will be designed where possible to function automatically. Interfaces to other building systems will be provided as required. The design will also make recommendations for the location and sizing of the space required to house related administrative functions for the data center operation. 20 Technology Centers for tomorrow's needs t. 8l PAGE__a60 1 - I~ I I 1 I I RR S j B~ L I : E E El i y E I i I D = g s • UNISYS Brazos County New IT Facility after modification f 4 6 i ~ ~ 1000 MARINA BLVD. Maxwell Centel o ~ BRISBANE, CA 940 94005 Bryan, TX 77803 ~ ~ # ~ ~ m UMSYS DESIGN BUILD and RELOCATIQN SERVICES Imagine it. Done. Pricing: Total cost for the rework of the Maxwell center is: $ 759,825.00 21 Technology Centers for to rrow's needs PAA .,P . BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: June 27.2006 ITEM: Request for permission to enter Mervin D. Peters' Property located off Wilcox Lane for the purpose of creating a temporary workspace during replacement of the existing bridge structure on Wilcox Lane at Wickson Creek: for the health, safety and welfare of the general public Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: See attached Exhibit "B"/Field Notes and Exhibit 'C"/survey of Temporary Construction Easement. A temporary fence will be constructed around the work area during bridge replacement. Upon completion of the project, a permanent fence will be constructed on the new right of way line (temporary fence will be removed). SUBMITTED BY: 4-JOD e ~ -4 iz) Richard F. Vance, P.E. County Engineer CCO6-043 This Request is Approved (or) Denied by Commissioners' Date: Q '2k& Randy Si , County Judge Court 1 ~l fr:E ?63 BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Alvin W. Jones County Judge Tony Jones Commissioner Pct 1 Willaim S. Thornton Commissioner Pct 2 Randy Sims Commissioner Pct 3 Carey Cauley Commissioner Pct 4 Date Tune 19, 2006 LAND OWNER AND ADDRESS Mervin D. Peters 3000 Briarcrest Drive, Suite 201 Brvan, Texas 77802 II. LOCATION OF WORK Wilcox III. DESCRIPTION OF WORK TO BE DONE Permission to use property described in the attached Exhibit W13' and Exhibit "B' as a temporary work space during the construction of a new bridge to replace the existing bridge at Wickson Creek. A'temporary fence will be constructed around this work area during the construction of the bridge ,Ron completion of the hridgp n permanent f n P will he constructed on the new right of way line and the temporary fence will be removed. IV. MAINTENANCE YES _ NO xx IF YES, ESTIMATE FREQUENCY OF MAINTENANCE will be notified prior to maintenance) Richard F. Vance, P.E. County Engineer Owner's Signature: of Way Agent DATE D ? ni- 31 r, a a64 EXHIBIT "B" FIELD NOTES BRAZOS COUNTY TEMPORARY CONSTRUCTION EASEMENT ALONG WILCOX LANE BEING 0.07 OF ONE ACRE OUT OF THE MERVIN D. PETERS CALLED 1456.53 ACRE TRACT VOLUME 261, PAGE 18 GREEN COLEMAN SURVEY, A -10 BRAZOS COUNTY, TEXAS March 13, 2006 All that certain lot, tract, or parcel of land being 0.07 of one acre situated in the GREEN COLEMAN SURVEY, Abstract No. 10, Brazos County, Texas, and being a part of that certain Called 1456.53 acre tract as described in deed from Marshall C. Peters to M. D. Peters of record in Volume 261, Page 18, Deed Records of Brazos County, Texas, and being the same land described as 1456.249 acres excluding the roadway and described in Boundary Line Agreement and Conveyance of record in Volume 574, Page 357, Deed Records of Brazos County, Texas, said 0.07 of one acre temporary construction easement being more particularly described by metes and bounds as follows: BEGINNING at a'W Iron Rod with Cap Set for the most southerly corner, a calculated corner in the centerline of Wilcox Lane for a southerly corner of said Called 1456.53 acre tract bears S 03 ° 21 '45 " E a distance of 2052.39 feet, an eight inch Fence Post found for a southerly comer of said Called 1456.249 acre tract bears S 02 " 38 ' 52 " E a distance of 2027.33 feet; THENCE N 23 " 29 ' 57 "W, a distance of 46.77 feet to a'W Iron Rod with Cap Set for angle point; THENCE N 01 ° 49' 19 " E, a distance of 109.49 feet to a'W Iron Rod with Cap Set for angle point; THENCE N 27 " 16' 00 " E, a distance of 46.57 feet to a'/2" Iron Rod with Cap Set in said Proposed west right-of-way line for the most northerly corner, a'/z" Iron Rod with Cap Set for angle point in said Proposed west right-of-way line bears N 01 ° 49 ' 27 " E a distance of 17.20 feet, a six inch Fence Post found for angle point in said Called 1456.249 acre tract bears N 07 " 16 ' 05 "W a distance of 571.82 feet; THENCE S 01 " 49'27"W, along said Proposed west right-of-way line a distance of 193.82 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.07 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed during December 2005, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. North orientation is based on rotating the east line of Called 1456.249 acre tract to Grid North based on TX-DOT Wickson Creek Bridge Plans. VOL 9/ PAGE o?106 ~ Q 1 1 o~a 1 1 a- 1 -m OON 1 1 x I1 y1n a? a ~ v 4~U N m ♦ n• a n U ~O \ a 3 o W O o O = i0 r Z C7 V Z 4 W U ~ e u w W ; ~ r aco¢ $ ~ S Z J uml z O W LJ 1 N ~ > w U = Z 'x' x 0 Z 0 W Z 0 m C O w F=-~aQ~NZ~ -UQ Uo < 0 L - F l odm zgQoo U m L/) _ I, (n O O w ~1i. W =0 O uuuu7777O 11 Z o ~OC)V W O O Z O > w m Q , V u m a u lV N N W 2 U ar M ¢0am K UWNW WILQUtO U. FO QmQ W Mdad a ~~n w~c=o mzpNJ~ 2Q-WJN RWW> ~ WKJJWW JOUJ a>ZO ° w> w w w a ~ >>U wWa wxwo W W m N YY mm a\ Z" W>M0 w m mm aWW J Q U Z Q w WWU Z a ZNr Ho o O W » O K,O- aWJ mJJ Z a Q U 0 V~ Z O Cie 'C JJ V 4 00 N ZU J- F3 wF a wo ax az uo UU U W WN xa Fm ZF m Fo 0, 0 0 zo 00 or W F NU m ~ Nf N~ 2 °Wa Zdw W2p 6>, OKm W SEY r w oia 2FU aJm _ ,0 m¢ ao w ° S0 p 1 F W J °po > W Zz Y > Q K > UO~ ZNO a o J Q N J m W QO~m Z Q y3x mr~ 4ao OJf' ~a wwu U > W WO¢ m m ~ W a O F. u W N x O W ,z K F Q U' 2 J O~F f w N NF_ N m Z h '0 4 U > > U W > i¢¢ W= AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 STATE OF TEXAS § COUNTY OF BRAZOS § 10 BEFORE ME, the undersigned authority, on jtm e a ty per Sbnally appeared ?6 ezs- , who being duly sworn, deposes and says: 1. That he/she has a substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No. / ~o< 19 of the Court Agenda dated Ut C_7 l CC.41escribedas 1 .fmt6rJt DPl 4-y P11TC-/ , q 11'leVi D _Pe u,f 5 f a w+t4 -,would have a special economic effect on that _r business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. That the substantial interest is (check the following as is appropriate): O a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or e. 3. That I will abstain from participation in the matter r rred to in Item 1 unless authorized by law. Signature SWORN TO AND SUBSCRIBED BEFORE ME this the dt_ day of 201Qp off:;., BEATRIZ D. GREEN tary u&b4licHirv~ dor` na_y F bnu slave of texas The State of Te ,rte My Commission Flpim JUNE 11, 2010 Filed: County Clerk AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, on © Personally appeared bu me who being duly sworn, deposes and says: 1. That he/she has a substantial interest to a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No. 4- of the Court Agenda dated _L tZ ~ ks ribednas~ Ac& h I A r✓ A .i1 141 7\PJOIO +h'11YV1 IU K-1 1.1~ &$would have a special economic effect on that business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. That the substantial interest is (check the following as is appropriate): O a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or O c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or e. 3. That I will abstain from participation in the matte red to in It ess auth nzed by law, Signatur \ SWORN TO AND SUBSCRIBED BEFORE ME this the.Qday of ( - 20&'. Elm GREEN otary blic d ate of texas ~e State of Te e Exµres '2011) , Filed: ~"County Clerk VO WvE 9168' z ~ o 3 3 O a ° n o- < o m 3 A ° 0 3 O n y r ~ m n b, ~ Z 3 ~ y A a- t m G' n ~ s o A e y a m ° o A `t S o a 3 3 a n u a a ti A 3 A ` & < a ° ~ a c o. 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