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Home My WebLink About2009-01-20-6:00PM-REGULAR PTi E O t y ~k 7 t -''s~' 1 6 f~ 5: 0 -1 g12_AZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 20 JANUARY 2009 AT 6:00 P_M_ IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTI2.AT10N BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS_ 1 . Invocation and Pledge of Allegiance Commissioner Peters. 2. Call for citizen's input and/or concerns. Consider and talce action on agenda items 3 17: 3_ Request frotrt Juvenile Services for permission to transfer $2,307.20 from Division 31000200, Class 1825, Position 1 to Division 31000200, Account 71030000 (Employment Services) for the purpose o£ utilizing Manpower to employ a temporary cools. 4_ Budget Amendment 08/09 - 16.1 th- 16-3- 5- Persorznel Change of Status. 6. Payment of Claims. 7. Appointment of Kelly L. Milligan as a Fire Commissioner for Brazos County Emergency Services District #4; term of appointment is 1/01/09 through 12/31/10- 8- Contract with Always Creative for the development, design and production of various marketing materials for the Expo Complex. Office of the County Judge ~ 200 South Texas Ave. ~ Suite 332 ~ Bryan. Texas ~~803 ~ Fax: (979) 361-4503 Commissioners Court Agenda 20 January 2009 Page 2 9. Contract with Trigger Studios for the development and production of video marketing tools for the Expo Complex. 10. Request from Juvenile Services for $2,080 from General Fund Contingency to pay for a juvenile probationer to receive court ordered counseling from a Licensed Sex Offender Treatment Provider (LSOTP). 11. Tax Refund Applications for the following: a. Gonzalo & Narcisa Cuajicalo b. Noah & Sharolyn Heninger c. Richard & Traci Pfeil 12. Permission to add CME Testing and Engineering, Inc. to Brazos County's list of vendors who are exempt from competitive bidding for FY09 as per Statute 262.024(a)(4). 13. Manual Requisition in the amount of $27,716.00 to All Traffic Solutions for the purchase of a Rapid Messenger VMS Sign with messaging software and trailer from the GDEW State Homeland Security Grant for the Emergency Management Department. 14. Manual Requisition in the a Bullard tT3 of $10,750.00 to Metro Max Thermal Imaging1Camera afrom heeGDEtW Inc. for the purchase of State Homeland Security Grant for the Emergency Management Department.. 15. Payment Authorization in the amount of $188.08 to McKee Foods Corporation for the purchase food items for Juvenile Services; the amount of the invoice exceeded the purchase order. not Inc. for the 16. Payment Authorization in the amount of $1,796.00 to Kustom order Swas ignals, purchase of radars by the Pct. 2 Constable; a purchase obtained in advance. 17. Payment Authorization in the amount of $10.00 for the reimbursement of a training class registration fee to a non-paid deputy in the Pct. 1 Constable Office. A purchase order was not obtained in advance. 18. Acknowledgement of the 2008 Racial Profiling Report for the Precinct 3 Constable's Office. 19. Announcement of interest items and possible future agenda topics. 20. Call for citizen input and/or concerns. 21. Agency / Board / Committee reports by Court members. 22. Adjourn The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. T 1; CF fF.y- v P y OF BRAZOS COUNTY #~rv UP- BRYAN, TEXAS NOTICE OF ADDENDUM TO THE AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 20 JANUARYUN2009 AT 6:00 P.M. IN THE TY ADMINISTRATION BUILDING,N2005IO COURTROOM OF THE CO SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. In addition to the regular agenda, the Commissioners Court will consider and take action on the following item(s): 1. Out of state travel request from the Sheriff's Office and Constable Precincts for Brazos County Officers to travel to Washington D.C. to assist the Metropolitan Police Department with the 56th Presidential Inauguration Security Detail. The cost of this travel will be reimbursed by the Metropolitan Police Department. Dates of travel are 18- 21 January 2009. The County Administration Building is handicap accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102 Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361-4503 1.1 COMMISSIONERS' COURT REGULAR MEETING JANUARY 20, 2009 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners Courtroom in the Brazos County Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, January 20, 2009 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, Absent; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The first matter before the Court was a request from Juvenile Services for permission to transfer $2,307.20 from Division 31000200, Account 51610000, to Division 31000200, Account 71030000 (Employment Services) in order to utilize Manpower to employ a temporary cook. On motion by Commissioner Vol l l1 Page ~ sd 2 Commissioners Court meeting January 20, 2009 Peters, seconded by commissioner Wassermann, the Court voted unanimously to approve the request. The next matter before the Court was consideration of Budget Amendment #08/09-16.1 through 16.3, which would reallocate funds for the 85th District Court, Juvenile Services; transfer funds from Contingency to the Sheriff's Office: Jail Division. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7057996 through 7058274 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. Vol i I- Page 015 3 Commissioners Court meeting January 20, 2009 The next matter before the Court was consideration of the appointment of an individual to serve as Fire Commissioner for the Brazos County Emergency Management Services District #4 Board of Directors. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to appoint Kelly L. Milligan Fire Commissioner for a term to begin January 1, 2009 through December 31, 2010. The Court next considered entering into contract with Always Creative for the development, design and production of various marketing materials for the Expo Complex. Total cost will be $20,073.00. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the contract and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of an Agreement with Trigger Studios for the development and production of video marketing tools for the Expo Complex. The cost to Brazos County will be $13,595.00. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to enter into agreement with Trigger Studio and authorized the County Judge to execute the document. A copy is attached. Vol ) I-1 Page a6a 4 Commissioners Court meeting January 20, 2009 The next matter before the Court was a request from the Juvenile Services Department for $2,080.00 in Contingency funds to pay for a juvenile probationer to receive court ordered counseling from a Licensed Sex Offender Treatment Provider. The cost will be $80.00 per hour with an estimated one session per week for a minimum of six months. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request for the use of Contingency funds in the amount of $2,080.00. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Gonzalo & Narcisa Cuajicalo, Over Payment $437.89 b) Noah Y Sharolyn Heninger, Over Payment $206.38 c) Richard & Traci Pfeil, over payment $ 40.00 On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024(a)(4). This is for the purchase of Professional Services from CME Testing and Engineering. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Exemption of Competitive Vol 10 Page 3 5 Commissioners Court meeting January 20, 2009 Bidding Requirements and authorized the payment for services for FY 2008-2009. Tina Snelling, Assistant County Attorney, Civil Division pointed out that the agenda should read per Local Government Code Statute. The next matter before the Court was consideration of a requisition to All Traffic Solutions in the amount of $27,716.00 for a Rapid Messenger VMS Sign with messaging software and Trailer for the Emergency Management Office. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. Grant funds will be used to pay for the purchase. The Court considered a requisition to Metro Fire Apparatus Specialist, Inc. in the amount of $10,750.00 for the purchase of a Bullard T3 Imaging Camera for the Emergency Management office. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. Grant funds will be used for the purchase. The next matter before the Court was consideration of a payment authorization in the amount of $188.08 to McKee Foods Corporation for the purchase of food items for Juvenile Services. The invoice exceeded the purchase order. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. Vol i l~ Page 054 6 Commissioners Court meeting January 20, 2009 The Court next considered a payment authorization in the amount of $1,796.00 to Kustom Signals, Inc. for the purchase of radars for the Precinct 2 Constable's Office. No purchase order was obtain in advance. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a request from Archie Clark, Constable, Precinct 1 for reimbursement of $10.00 for the Taser X26 class attended by Non Paid Deputy Jay Sartain. The class was sponsored by the Sheriff Academy in Humble, Texas. Commissioner Wassermann moved to approve the request. Commissioner Peters seconded the motion. Commissioners Peters and Cauley voted "Aye", Commissioner Wassermann and the County Judge voted "No". The motion failed. The County Judge next considered the addendum to the agenda which was an out of state travel request from the Sheriff's Office and Constable Precincts for Brazos County officers to travel to Washington D.C. January 18, 2009 through January 21, 2009 to assist the Metropolitan Police Department with the 56th Presidential Inauguration (Obama is the 44th President) Security Detail. The Metropolitan Police Department is absorbing the cost of travel. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted Vol 11 -1 Page A J5 7 Commissioners Court meeting January 20, 2009 unanimously to approve the request. The Court acknowledged receipt of the 2008 Racial Profiling Report for the Precinct 3 Constable's Office. There were no announcements of interest items and possible future agenda topics. Under citizen input and/or concerns, the following spoke: Clyde Collins, Chief Deputy a) There were 566 inmates in jail this morning. There are 85 on electronic monitoring and 32 are pending for monitoring. Donald Lampo, Constable, Precinct 2 a) Asked the Court to consider enacting a burn ban as there were several fires over the weekend. There were no agency/board committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol I 1 Page ;~5(p The foregoing minutes of the Commissioners Court meeting held January 20, 2009 have been examined and are approved in open Court this the I rtH- day of M r_C , 2009, in Bryan, Brazos County, Texas. Randy S' s Lloyd assermann County Judge Commissioner, Precinct 1 Duane Peters Kenny Mallard A Commissioner, Precinct 2 Commissioner, Precinct C r 7(n ul y, Jr. Commiser, Pre inct 4 Attest: Ka en McQueen (.cJ County Clerk Vol III Page c~S-7 BRAZOS COUNTY COMMISSIONERS COURT Meeting on-//,,, 2 20(~ @ T= Name Organization / Department 7 i t 7 i PAGE of -FL BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 -16.1 thru 16.3 On this the 20`h day of January 2009 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 20 January 2009 the Court heard and approved a budget amendment for the 2008-2009 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 19 September 2008, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 20`h day of January 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: 4Ramnndyy*ty Judge Original: County Clerk's Office and attached to the original budget Copies: . County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 16.1 1/20/2009 FUND Div ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 48,000.00 0100 28002000 71050000 DR Contract Inmate Housing 48,000.00 General Fund Contingency & Sheriff Office: Jail Division To reallocate funds to allow for the housing of inmates out of county. This allows fora roximatel 30 da s of inmate housing. ,Department Ap oval D Me Prepared By: - Date: 1/13/20091 County Judge pproval Date << . l17' aIxo BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 16.2 1/20/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22000100 60500000 CR Office Equipment 5400.00 19.19 0100 22000100 60600000 CR Office Su lies DR Minor Computer Hardware 919.19 0100 22000100 67203000 85th District Court To reallocate funds to allow for the urchase of a deskto scanner for office shared documents and a erless files. D._p .rtment Approval ate Prepared By: aunty Judge P'MYa Date . BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 -16.3 1/20/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000200 5161000 CR Hourly - Staff 2,307.20 0100 31000200 71030000 DR Employment Services 2,307.20 Juvenile Detention To reallocate funds to allow for the utilization of Man ower to employ a temporary cook. The current em to ee in the cook osition is out on FMLA. Date Department App rov Prepared By: ifj Date: 1/16/2009 County_'Jgd ;App_roval `'t ; Date ` PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 20, 2009 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Attorney Flowers, Sierra Resignation Lopez, Krystle Ann New Hire . Saenz, Crystal Resignation Expo Complex Mancuso, Chris New Hire Road and Bridge Barrera, Emilio R. Transfer within Department Cole, Marlin K. Transfer within Department Garcia, Albert Lee Transfer within Department Hammond, Anthony S. Transfer within Department Herrera, Reynaldo Transfer within Department Sherriff Office- Jail Dennis, Nathan Transfer within Department Howard, Charles Retirement Mulle, Stephen Resignation Poorman, Jason Transfer within Department Approved in Commissioners' Court: January 20,2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 117 J63 ALWAYS CREATIVE n CREATIVE SERVICES AGREEMENT CLIENT: Brazos County Expo Complex CONTACT: Megan Kasperbauer DATE: 1/8/2009 PROJECT: Branding + Print Design Campaign PROJECT SCOPE: POCKET FOLDER TOTAL • Design Time -11 hours at $110 per hour - $1,210 Pocket Folder • Printing -1,500 quantity = $1,794 + $110 shipping = $1,904 $3,114 ■ Total = $3,114 Promotional Brochure Series 3 PROMOTIONAL BROCHURES $4,035 • Design Time - 8 hours (each) at $110 per hour - $2,640 • Printing -1,000 quantity (each) = $1,350 + $45 shipping = $1,904 One-Sheet Series • Total = $4,035 $4,380 5 PROMOTIONAL ONE-SHEETS Promotional Postcard Series • Design Time - 4 hours (each) at $110 per hour - $2,200 $5,024 • Printing -1,500 quantity (each) = $2,050 + $130 shipping = $2,180 • Total = $4,380 Boilerplate Advertisement $550 9 PROMOTIONAL POSTCARDS Logo Redesign • Design Time - 3 hours (each) at $110 per hour - $2,970 $1,650 • Printing - 500 quantity (each) = $1,944 + $110 shipping = $2,054 • Total = $5,024 Stationery System BOILERPLATE ADVERTISEMENT $1,320 • Design Time - 5 hours at $110 per hour - $550 Final Cost • Total = $550 $20,073 LOGO REDESIGN • Design Time: 15 hours at $110 per hour • Total: $1,650 STATIONERY SYSTEM • Design Time: 10 hours at $110 per hour • Content Design Time: 2 hours at $110 per hour • Total: $1,320 PRODUCTION SCHEDULE/DELIVERY OF PROJECT The Client will assume any printing, hosting, binding, shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the Client. Always Creative shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of Client, unusual transportation delays, unforeseen illness, or external forces beyond the control of Always Creative. If such event(s) occur, it shall entitle Always Creative to extend the completion/delivery date, by the time equivalent to the period of such delay. 1. TIME FOR PAYMENT Payment is due at each milestone upon the Client's acceptance of the Deliverables. All invoices are payable within thirty (30) days of receipt. A 5% monthly service charge is payable on all overdue balances. 2. DEFAULT IN PAYMENT The Client shall assume responsibility for all collection of legal fees necessitated by default in payment to the extent allowed by the laws and constitution of the State of Texas. 3. ESTIMATES If this form is used for an estimate or assignment confirmation, the fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. The Client's approval shall be obtained for any increases in fees or expenses that exceed the original estimate. 4. EXPENSES Expenses shall be handled by the Client upon approval. 5. PROGRESS REPORTS The Designer shall contact or meet with the Client on a mutually acceptable schedule to report all tasks completed, problems encountered, and recommended changes relating to the design of materials. The Designer shall inform the Client promptly by telephone upon discovery of any event or problem that may delay the development of the work significantly. 6. CHANGES The Client shall be responsible for making additional payments for changes in original assignment requested by the Client. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer the Designer the first opportunity to make any changes. 7. ACCEPTANCE PROCEDURES Upon receipt of the deliverables, the Client shall either accept the deliverable and make the milestone payment set forth herein or provide the Designer with written notice of any corrections to be made and a suggested date for completion which should be mutually acceptable to both the Designer and the Client. The Designer shall designate Roby Fitzhenry and the Client shall designate Megan Kasperbauer as the only designated persons who will send and accept all deliverables and receive and make all communications between the Designer and the Client. Neither party shall have any obligation to consider for approval or respond to materials submitted other than through the designated persons listed above. Each party has the right to change its designated person upon 24 hours notice to the other. 8. CONFIDENTIAL INFORMATION The Designer acknowledges and agrees that the source materials and technical and marketing plans or other sensitive business information, as specified by the Client, including all materials containing said information, which are supplied by the Client to the Designer or developed by the Designer in the course of designing the materials are to be considered confidential information. Information shall not be considered confidential if it is already publicly known through no act of the Designer. 9. RETURN OF SOURCE INFORMATION Upon the Client's acceptance of the Final Version, or upon the cancellation of the project, the Designer shall provide the Client with all copies and originals of the source materials provided to the Designer. 10. CANCELLATION In the event of cancellation of this assignment, ownership of all copyrights and any original artwork shall be retained by the Designer. If cancellation is requested, a fee based on the prorated portion of the work completed shall be paid by the Client. 11. COPY-PROTECTION The Client is responsible for copy-protecting all art against duplication or alteration. 12. CREDIT LINES Designer has permission for the right to display the project on Always Creative's portfolio site for one year from the effective date of this contract. Permission may be requested and granted at the Client's discretion for extended periods of time thereafter. 13. UNAUTHORIZED USE AND PROGRAM LICENSES The Client will indemnify the Designer against all claims and expenses arising from uses for which the Client does not have rights to or authority to use and for which the Designer is not accountable. The Client will be responsible for payment of any special licensing or royalty fees resulting from the use of graphics programs that require such payments. 14. WARRANTY OF ORIGINALITY The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer's product which may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the client's use of the Designer's product to the extent such use infringes on the rights of others to the extent allowed by the laws and constitution of the State of Texas. 15. TAX EXEMPT STATUS. As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. 16. VENUE AND GOVERNING LAW The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against County shall be in Brazos County. 17. LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of the County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any Agreement terms and conditions related to the Limitations will not be binding on the County except to the extent authorized by the laws and Constitution of the State of Texas. 18. SOVEREIGN IMMUNITY The parties understand that the County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, the County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that the County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. 19. INDEPENDENT CONTRACTOR Brazos County is engaging Always Creative as an independent contractor for the specific purpose of providing the services in this agreement. 20. ASSIGNABILITY Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Brazos County. 21. SEVERABILITY If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 22. TERM AND TERMINATION This agreement is effective immediately after signature by both Independent Contractor and Brazos County. This Agreement may be terminated by either party upon thirty (30) days written notice. Such notice shall be mailed return receipt requested to the non-terminating party at the addresses listed below. 1i7~ ~1~7 f 23. NOTICES All notices to the Brazos County Expo Complex shall be sent by certified or registered mail, addressed to: Brazos County, Texas: Randy Sims, Brazos County Judge 200 South Texas Avenue, Suite 3-25' Bryan, Texas 77803 3~2 Further, each notice will be sent by certified or registered mail, addressed to: Megan Kasperbauer 5827 Leonard Road Bryan, TX 77807 All notices to Always Creative shall be sent by certified or registered mail, addressed to: Roby Fitzhenry Always Creative 211a W. Wm. J. Bryan Pkwy Bryan, TX 77803 24. ACCEPTANCE OF TERMS The signature of both parties shall evidence acceptance of these terms. By: By. Roby Fitzhenry, President Randy Sim , County Judge Always Creative Brazos unty ATTEST By: Karen McQueen, County Clerk Brazos County VIDEO PROMOTION AGREEMENT THIS AGREEMENT is made this day ofd- 9 ,2009 by and between Trigger Studios ("Contractor") and Brazos County, on behalf of the Brazos County Expo complex ("County"). Recitals County desires to engage in advertising and promotion of the Brazos County Expos Center using a variety of marketing and advertising services; and Whereas, Contractor provides video marketing productions; and Whereas both parties desire to contract for the purchase and respective sale of a video production/post-production/editing/graphic artist services, including the video as agreed to by both parties. Therefore, Agreements In consideration of the mutual covenants set forth in this Agreement, Company and Customer hereby agree as follows: 1. Advertising and Promotion. Contractor shall arrange for the placement of advertising and promotion of County and agrees to fulfill the following duties: production of a marketing video tour as agreed to by the parties. 2. Specification and Services Completion. "Marketing Video Tour" shall mean any programming, coding, graphic design, linking, audio visual tapes, DVDs, CDs or other collateral required to fulfill Contractor's obligations under the Specifications. Both parties will use reasonable diligence in the development of the Marketing Video Tour/Advertising and Marketing Material and endeavor to complete all agreed upon Specifications outlined herein no later than It- , 2009. Both parties acknowledge that the delivery deadline shall be an estimate, and is not a required delivery date. County shall own all intellectual property rights in any logos, graphics, text, images or other components owned and transmitted by Contractor for use in fulfillment or creation of Specifications or Services. Contractor has permission for the right to display the project on Trigger Studios portfolio site for one year from the affective date of this contract. Permission may be requested and granted at the county's discretion for extended periods of time thereafter. --t to 3. Compensation. County shall compensate Contractor the sum of $13,595.00 upon (2) completion of its obligations and provision of the contemplated video and all graphic elements to the County and (2) within thirty days after receipt of Contractor's invoice for its services. 4. Tax Exempt Status. As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. 5. Limitations. The parties are aware that there 'are constitutional and statutory limitations on the authority of the County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any Agreement terms and conditions related to the Limitations will not be binding on the County except to the extent authorized by the laws and Constitution of the State of Texas. 6. Coverages/Wages. Nothing in this Agreement shall be construed as making the County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making the County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. 7. Sovereign Immunity. The parties understand that the County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, the County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that the County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. 8. Hold Harmless/Indemnity. Contractor hereby agrees to hold County, its officers, agents, servants, and employees harmless and shall indemnify the County from any loss, damage, injury or claim arising from any negligent act arising as a result of its operations. 9. Termination. This Agreement may be terminated by either party upon thirty (30) days written notice. Such notice shall be mailed return receipt requested to the non- terminating party at the addresses listed below. 10. Notices. Notices shall be mailed to the to time and shall be deemed received when designated in writing by the parties from time sent postage prepaid U.S. Mail to the following addresses: Brazos County, Texas: Randy Sims, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Contractor: Trigger Studios Adam Garner 900 S. Lamar, Suite 203 Austin, Texas 11. Assignability. This agreement may not be assigned without the prior written permission of the County. In the event that the studio is unable to complete the video, the County may declare Trigger Studios in breach of the contract, terminate the contract and be entitled to recovery of all payments made to Trigger Studios, in addition to recovery of other losses that are attributable to Trigger Studios' default. Alternatively, the County may allow Trigger Studios to secure a reputable replacement production firm to complete the parties' agreement. In the event that a suitable and reputable replacement production firm cannot be procured by Trigger Studios, Trigger Studios will be liable for return of all payments made to it by the County. 12. Venue and Governing Law. The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against County shall be in Brazos County. 13. Fiscal Funding Clause. Notwithstanding any provisions contained herein, the obligations of the County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. 14. Waivers. No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 15. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. 16. Severability. If any provision of this Agreement shall be held to be invalid or provisions unenforceable for any reason, the remaining enforceable. If a court of competent jurisdiction finds that any provision of this 117 D-~) Agreement is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date(s) set forth below. HOWELL SERVI CORPORATION B S OUNT XAS BY: BY: AME) Ra y Sims, Authoriz sentative aunty Judge On behalf of Trigger Studios ATTEST: BY: K ren McQueen County Clerk 117 a Cz