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HomeMy WebLinkAbout2010-01-26-9:00AM-REGULARBRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA N 22 P 1 48 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 26 JANUARY 2010 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, 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 —15: 3. Request from Juvenile Services for permission to use grant funds to fund the following new positions: a. Juvenile Probation Officer, class 1832, position 1, Group 18, Step 2; b. Juvenile Probation Officer, class 1832, position 2, Group 18, Step 2; c. Prevention Specialist, class 1834, position 1, Group 14, step 2. 4. Budget Amendment 09/10 - 15.1 thru 15.3. 5. Personnel Change of Status. 6. Payment of Claims. Office of the County Judge • 200 South Texas Ave. • Suite 332 Bryan, Texas 77803 • Fax: (979) 361 -4503 Vol. 130 P o 5 4 W --- C *� BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 26 JANUARY 2010 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, 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 —15: 3. Request from Juvenile Services for permission to use grant funds to fund the following new positions: a. Juvenile Probation Officer, class 1832, position 1, Group 18, Step 2; b. Juvenile Probation Officer, class 1832, position 2, Group 18, Step 2; c. Prevention Specialist, class 1834, position 1, Group 14, step 2. 4. Budget Amendment 09/10 - 15.1 thru 15.3. 5. Personnel Change of Status. 6. Payment of Claims. Office of the County Judge • 200 South Texas Ave. • Suite 332 Bryan, Texas 77803 • Fax: (979) 361 -4503 Vol. 130 P o 5 4 Commissioners Court Agenda 26 January 2010 Page 2 7 91 a Participating Addendum with the Texas Department of Criminal Justice (TDCJ) and Pro Tech Monitoring for GPS monitoring services for the Juvenile Services Department. Donation Agreement with Brazos Transit District for the donation of two (2) 2000 Eldorado buses. Contract with Government Records Services, Inc. for full service computerized indexing, optical imaging systems and services for vital and real property records. 10. Order 10 -001 Relocating Polling Places for Election Precincts 13, 24 and 80. Orden 10 -001 para Reubicar Sitios de Votaci6n para Precintos de Elecciones 13, 24 y 80. 11. Order 10 -002 Relocating Temporary Early Voting Polling Place. Orden 10 -002 para Reubicar Sitio de Votaci6n Adelantada Temporal. 12. Tax Refund Applications for the following: a. Mariam J. Huff b. First American Real Estate Tax Serv. c. Investors Financial Limited Partnership d. James L. & Patricia Lewis e. Ruth Scott f. Jerry L. & Marie Dittmar g. Travis & Cindy Miller h. Eugenia P. McMullan i. Nationstar Mortgage LLC j. Sandra & Jose Saul Castillo k. Melissa Ann Steele 13. Commissioners Court minutes for the following 2009 dates: a.. 1 December Regular Meeting e. 15 December Workshop Session 9:00 a.m. b. 4 December Workshop Session f. 15 December Workshop Session 5:00 p.m. c. 8 December Regular Meeting g. 17 December Workshop Session d. 15 December Regular Meeting h. 29 December Regular Session 14. Permission to award Bid 2010 -08, Heavy Machinery Rental, as recommended by the Purchasing Department. 15. Capital Requisition in the amount of $240.00 to Buddy's Appliances for the purchase of appliances for the Low Risk Facility. 16. Announcement of interest items and possible future agenda topics. 17. Call for citizen input and/or concerns. 18. Agency / Board / Committee reports by Court members. 19. Adjourn 5 VOL l _ --- Piz. - Commissioners Court Agenda 26 January 2010 Page 3 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with bothjudicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shalt conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces we available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol, IS O Pg. C;�5l COMMISSIONERS' COURT REGULAR MEETING JANUARY 26, 2010 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, January 26, 2010 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; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. The County Judge gave the invocation and then led the pledge of allegiance. There was no citizen input /and or concerns. The first matter for consideration was a request from the Juvenile Services department for permission to use grant funds to fund the following new positions: a. Juvenile Probation Officer, Class 1832, Position 1, Group 18, Step 2 b. Juvenile Probation Officer, Class 1832, Position 2 Group 18, Step 2 Vol 1�o Page as-7 Commissioners Court meeting January 26, 2010 2 C. Prevention Specialist, Class 1834, Position 1 Group 14, Step 2 The Juvenile Services department intends to use the funds to implement the Recidivism Reduction Program. No county funds will be used to fund the positions. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the creation of the positions. The Court next considered Budget Amendment 09/10 -15.1 through 15.3 that would transfer funds from Contingency to Sheriff's Office: Jail Division (2) and to set up the Grant Fund for the TJPC -C Grant: Commitment Reduction Program (Grant C). On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment 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 Cauley, 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: 7070347 through 7070567 Vol 130 Page a59 Commissioners Court meeting January 26, 2010 3 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a Participating Addendum with the Texas Department of Criminal Justice (TDCJ) and Pro Tech Monitoring for GPS monitoring services for the Juvenile Services Department. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Participating Addendum setting the daily service fees and replacement costs and authorized the County Judge to execute the document. A copy is attached. The Court next considered authorizing acceptance of donated property from the Brazos Transit District (the District) . The District is donating two (2) 2000 Eldorado buses for the transfer of inmates for the Brazos County Sheriff's Department. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the donated property contingent upon receipt of written information pertaining to the federal government's release of ownership or interest. The next matter for consideration was a contract with Government Records Services, Inc. for full service Vol 1 ?)b Page a59 Commissioners Court meeting January 26, 2010 4 computerized indexing, optical imaging systems for vital and real property records. The prices are as follows: I. Full service computerized indexing of Real Property Records Price per Instrument Per Month. 1 -100 instruments $3.98 each 101 -200 instruments $3.94 each 201 -1,700 instruments $3.68 each 1,701 -Up $1.63 each Average monthly cost $7,400.00 II. Optical Imaging System Real Property Records and Vital Statistic Records Monthly Cost $4,340.00 III. Total Average Monthly Billing $11,300.00 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract for full service computerized indexing, optical imaging systems for vital and real property records and authorized the County Judge to execute the document. A copy is attached. The Court next considered Order 10 -001 Relocating Polling Places for Election Precincts 13, 24, & 80. The Court was notified that the polling place location for Election Precinct 13 located in the Bethel Lutheran Church, 410 Bethel Lane, Bryan, Texas will not be available to hold elections because the Church will be relocating out of its current location and precinct. The polling place for Election Precinct 24 located in the B /CS Convention & Visitors Bureau, 715 University Drive Vol 15o Page a to Commissioners Court meeting January 26, 2010 5 East needs to be moved for the convenience of the voters. The polling place for Election Precinct 80 located in Christ United Methodist Church, 4201 State Highway 6 South, College Station, Texas also needs to be moved for the convenience of the voters. Beacon Baptist Church has agreed to allow the poling place for Election Precinct 13 to be located in it's building at 2001 East Villa Maria, Bryan, Texas. The John Connally Building has agreed to allow the polling place for Election Precinct 24 to be located in the building located at 301 Tarrow, College Station, Texas. The Living Hope Baptist Church has agreed to allow the polling place for Election Precinct 80 to be located in its building at 4170 State Highway 6 South, College Station, Texas. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to relocate the following polling places: a. The polling place for Election Precinct 13 to be located in the Beacon Baptist Church located at 2001 East Villa Maria, Bryan, Texas b. The polling place for Election Precinct 24 be located in the John Connally building at 301 Tarrow, College Station, Texas c. The polling place for Election Precinct 80 be located in the Living Hope Baptist Church located at 4170 State Highway 6 South, Bryan, Texas Vol 13a Page Q-(P- f Commissioners Court meeting January 26, 2010 6 and that submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D. C. requesting preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act and pursuant to Chapter 43 of the Texas Election Code. The next matter before the Court was consideration of Order 10 -002 Relocating Temporary Early Voting Polling Place- MSC. Grace Bible Church - Southwood, located at 1901 Harvey Mitchell Parkway South, College Station, Texas will longer be available for use as a temporary early vote location. As a convenience to the voters, the Commissioners Court wishes to relocate the temporary branch early voting polling place from Grace Bible Church - Southwood to the College Station Utilities Meeting & Training Facility located at 1603 Graham Road, College Station, Texas. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to relocate the temporary branch early voting polling place from the Grace Bible Church - Southwood, located at 1901 Harvey Mitchell Parkway South, College Station, Texas to the College Station Utilities Meeting & Training Facility located at 1603 Graham Road, College Station, Texas and that submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. Vol 13 0 Page ' �-L e a Commissioners Court meeting January 26, 2010 7 requesting the preclearance of the Order pursuant to Section 5 of the Federal Voting Rights Act. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Mariam J. Huff, over payment $18.00 - b. First American Real Estate Tax Service, over payment $100.00 c. Investors Financial Limited Partnership, over payment $20.00 d. James L. & Patricia Lewis, over payment $9.20 e. Ruth Scott, over payment $9.26 f. Jerry L. & Marie Dittmar, over payment $429.65 g. Travis & Cindy Miller, over payment $30.00 h. Eugenia P. McMullan, over payment $ 20.46 i. Nationstar Mortgage LLC, over payment $499.99 j. Sandra & Jose Saul Castillo, over payment $42.66 k. Melissa Ann Steele, over payment $137.87 On motion by Commissioner Peters, seconded by Commissioner Wassermann, 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 December 2009 on the following dates: Regular Meetings - 1st 8 th 15 th 29 th Workshop Meetings - 4 15 9:00 a.m., 15 5:00 P.M. 17 th On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the minutes as submitted. Vol 1-2,o Page a (o 3 Commissioners Court meeting January 26, 2010 8 The Court next considered awarding Bid No. 2010 -14 Heavy Machinery Rental. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the bids submitted by Mustang, R. B. Everett, Volvo, Texcon, and Hertz as Primary Awards and Secondary Awards. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendations of the Assistant Purchasing Agent and award the contracts as per the attached tabulation sheet. A copy of the bid tabulation is attached. The next matter for consideration was a capital requisition in the amount of $240.00 to Buddy's Brazos Appliance for the purchase of 3 microwave ovens for the jail low risk facility. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to approve the capital requisition. There were no announcements of interest items and possible future agenda topics. Under citizen input and /or concerns, the following spoke: Irene Jett, Budget Officer a) Introduced Will Bailey, her new staff member. Vol 3 o Page a6 Commissioners Court meeting January 26, 2010 Sheriff Chris Kirk a) There were 512 inmates in jail, 41 are in out of County jails, 55 have monitors and 30 are pending for monitors. County Judge a) Stated the new low risk facility will be inspected on February 18, 2010. W 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 130 Page aLO The foregoing minutes of the Commissioners Court meeting held January 26, 2010 have been examined and are approved in open Court this the day of V j&jAr A rV , 2010, in Bryan, 6j A LloydtWassermann Commissioner, Precinct 1 Duane Peters Kenny Malla d Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Prec )inct 4 Attest: Karen McQueen County Clerk Vol 13o Page 0-140 BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2010@ 9 • 00 ( 2.2V PAGE �_ of ; spot. ) 3O Pg . C 61 i o MAN � * ��ol-t�kY� of o o We _ &A Wl �.�� PAGE �_ of ; spot. ) 3O Pg . C 61 BRAZOS COUNTY COMMISSIONERS COURT Meeting on oZ� , 2010 @ ! s �• YL[. Name Organization / Department 6&44 SX!9 ..6o l"-- PAGE )- of 2 Vol. 130 P oZ�B BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 —15.1 thru 15.3 On this the 26 day of January 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 26 January 2010 the Court heard and approved a budget amendment for the 2009 -2010 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 21 September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 26 day of January 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. M Randy Sirp6; County Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes %r. 13() P a19g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 15.1 1/26/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 40,000.00 0100 28002000 71050000 DR Contract Inmate Housing 40,000.00 General Fund Contingency & Sheriff Office: Jail Division To reallocate funds to allow for the housina of inmates out of county. This allows for approximately.30 days of inmate housing. Currently the budget for ousing inmates out of co nty is $186,000. This amendment will increase the budget to $226,000. ' ^a. 1 3 0 Pg. D—� 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 -15.2 v ?antes n FUND 0100 DIV 11001500 ACCT 61130000 PROJ DR/CR CR ACCOUNT NAME Contingency - General Fund Increase Decrease 19,681.33 0100 28002000 59100000 CR DDEA 881.67 0100 28002000 60360000 DR Furniture 7,596.00 0100 28002000 60420000 DR Jail Supplies 2,400.00 0100 28002000 60440000 DR Janitiorial Supplies 2,195.00 0100 28002000 60500000 DR Office Equipment 819.00 0100 28002000 67670000 DR Printer 714.00 0100 28002000 67203000 DR Minor Computer Hardware 1,695.00 0100 28002000 67342000 DR Furniture 5,144.00 General Fund Contingency & Sheriff Office: Jail Division To allocate funds for the furniture, sup lies, and office a ui ment needed to furnish and equip the Low Risk Facility. Vol. 'i 3 o P ; I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -16.3 1 nAnnl n FUND 3000 DIV ACCT PROJ 48046210 DR/CR CR ACCOUNT NAME TJPC -C- Commitment Reduction Pro g. Increase 153,300.00 Decrease 3000 318700 51300000 31871000 DR Sala -Staff 101,623.00 3000 318700 53100000 31871000 DR Social Security 7,773.00 3000 318700 53101000 31871000 DR Flex Benefit Admin Fee 198.00 3000 318700 53200000 31871000 DR Retirement 12,124.00 3000 318700 53300000 31871000 DR Em to ee Health Insurance 19,710.00 3000 53320000 31871000 DR Employ Dental Insurance 288.00 3000 53800000 31871000 DR Worker's Compensation 163.00 3000 53900000 31871000 DR Unemployment 213.00 3000 61680000 31871000 DR Training 3,000.00 3000 M3187 61801000 31871000 DR Travel 3,000.00 3000 60600000 31871000 DR Office Su lies 2908.00 3000 60490000 31871000 DR Juvenile Su lies 2,300.00 Grant Fund: TJPC -C- Grant: Commitment Reduction Program Grant C To set up the TJPC grant awarded to Brazos County to assist in implementing the Recidivism Reduction Program. This rant will fund two 2 new juvenile probation officer positions and one 1 prevention officer positio n. The remainin funds will be used for de artmental so ort ex enditures. n Vol. l 3 Pg.�— PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 26, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and T ake Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Auditor Expo Complex Pay Decrease Lozano, Rosa New Hire Pena, David Approved in Commissioners' Court: January 21 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 130 3 M 3. plka= Th p g evemmout Qordad indNidual for this PKtialWing Addendum b a A)DOM. 4, a PARTICIPATING ADDXNDUM TUAS DkPARTMENT OP CRMWAL JUMCE (TD", Global Paslllon�$ No WW 696-Pl)---04 I-M7 at hob this Addendum and ts axhkbfts by am subwiwul p.=*,*e M4W or odwwiM."io law Wch at and ODA"as am bm*b7 r4leaked. The tam spa Mnd8taaa of 1* b wilbw ow) provall Red govern in Mocase of anyouckwoonghteat or V7.r. MT7 MrWSZ7 =,W.,72 Vol. '130 pg. �o + ATTAACHMWNT A vOt. �-- Pg *pm Twhagnm to.dwgethoAgency ft at(50%) of the list price Force t o£loat damagedl3ootea .egoiptneitt.facam�tt.7isted shove. **Pro Tech agm w provide Ag�atny- l.+v+�ES', tent (20%) spare i vetgory at no addifimW charge. Brazos Transit District Donation Agreement g THIS AGREEMENT ( "Agreement ") is made effective as of the date executed by both parties ( "Effective Date "), and is between Brazos Transit District ( "Transferor "), and Brazos County ( "Transferee "), under the following circumstances: Transferor and Transferee agree as follows: Description of Property Vin # Year Manufacturer Model 114VBEABM3YH274851 2000 Eldorado AeroEliteNavastar ( "Bus 1 ") 1HVBEABMIYH274850 2000 Eldorado AeroEliteNavastar (`Bus2 ") At a mutually acceptable time and date, Transferee will, at Transferee's sole cost, expense and risk, remove the buses from Transferor's offices at 1759 N. Earl Rudder Freeway, ( "the Site "). No value of the buses has been determined and no monetary consideration shall be due to Transferor under the terms of this Agreement. There is no official relationship between Transferor and the Transferee. Transferor is a property owner desiring to donate Bus 1 and Bus 2 to the Transferee for no benefit or gain to Transferor. Transferor acknowledges it has been fully informed of its right to receive just compensation for the buses; however, it is the desire and intent of Transferor to donate the buses to the Transferee. Transferor represents that it has sole ownership interest and title in Bus 1 and Bus 2 that is hereby being conveyed to Transferee. Effective upon Transferee's removal of the buses from the Site, Transferor hereby transfers, assigns and conveys to Transferee all of Transferor's right, title and interest in and to the Buses. The buses will be conveyed to Transferee as is and where is. Transferor makes no warranties, express or implied, on the buses. Under no circumstances will Transferor be liable to Transferee or any other person for any direct, indirect, incidental, special or consequential damages arising out of or related to this Agreement or the equipment. This Agreement embodies the entire agreement between Transferor and Transferee with respect to the buses and supersedes all prior oral and written, and all contemporaneous oral, agreements, proposals, representations and understandings of the parties concerning the buses. This Agreement may not be amended or modified except by a writing signed by both parties. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas as applicable to agreements made and wholly performed in Texas. This Agreement is subject to the Public Information Act, TEX. Gov'T CODE ANN., Chapter 552. The undersigned signatory warrants that he /she is an official representative of the organization making the donation described herein and that he /she is authorized to make the donation and enter into this Agreement on behalf of his /her organization. TRANSFEROR Brazos Transit District John Mcff 11 President/CEO //W/o Date Date VOL 13 b P9. -22 (R— a CIRCULAR U.S. Department of Transportation FTA C 5010.1 D Federal Transit Administration - November 1, 2008 Subject: GRANT MANAGEMENT REQUIREMENTS PURPOSE This circular is a re- issuance of guidance for post -award grant administration and project management activities for all applicable Federal Transit Administration (FTA) grant programs. This revision incorporates provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA —LU), and includes the most current guidance for the Federal public transportation program as of the date of publication. These requirements are intended to assist grantees in administering FTA - funded projects and in meeting grant responsibilities and reporting requirements. Grantees have a responsibility to comply with regulatory requirements and to be aware of all pertinent material to assist in the management of federally assisted grants. 2. CANCELLATION This circular cancels FTA Circular 5010.1C, "Grant Management Guidelines," dated 10 -1 -98. 3. AUTHORITY a. Federal Transit Laws, codified at 49 U.S.C. Chapter 53. b. 49 CFR 1.51. 4. WAIVER FTA reserves the right to waive any provision of this circular to the extent permitted by Federal law or regulation. 5. FEDERAL REGISTER NOTICE In conjunction with publication of this circular, a Federal Register notice was published on September 30, 2008 (73 FR 56892), addressing comments received during the development of the circular. 6. AMENDMENTS TO THE CIRCULAR FTA reserves the right to update this circular to reflect changes in other revised or new guidance and regulations that undergo notice and comment without further notice and comment on this circular. FTA will post updates on our website: www.fta.dot.eov The website allows the public to register for notification when FTA issues Federal Register notices or new guidance; visit the website and click on "sign up for e-mail updates." Distribution: FTA Headquarters Offices (T -W -2) OPI: Office of Program FTA Regional Offices (T -X -2) Management Vol, 1 30 P a -11 FTA C 5010.1) Page IV -17 11/01/2008 (d) Internal Revenue Service guidelines. (e) Industry standards. (f) Grantee experience. (g) The grantee's independent auditor who needs to concur that the useful life is reasonable for depreciation purposes. (h) Proven useful life developed at a Federal test facility. (2) Bus, Van, Trolley, Rail Rolling Stock, and Ferries Useful Life Policy Useful life of rolling stock begins on the date the vehicle is placed in revenue service and continues until it is removed from revenue service. The useful life in years refers to total time in revenue transit service, not time spent stockpiled or otherwise unavailable for regular transit use. Grant applicants need to specify the expected useful life category in requests for bids when acquiring new vehicles. Minimum useful life of rail rolling stock is 25 years. Minimum useful life for buses, vans, and trolleys is determined by years of service or accumulation of miles whichever comes first as follows: (a) Buses: 1 Large, heavy -duty transit buses including over the road buses (approximately 35 -40', and articulated buses): at least 12 years of service or an accumulation of at least 500,000 miles. 2 Small size, heavy -duty transit buses (approximately 30'): at least 10 years or an accumulation of at least 350,000 miles. 3 Medium -size, medium -duty transit buses (approximately 25' -35'): at least seven years or an accumulation of at least 200,000 miles. 10 Medium -size, light -duty transit buses (approximately 25' -35 at least five years or an accumulation of at least 150,000 miles. I 1 Other light -duty vehicles used as equipment and in transport of passengers (revenue service) such as regular and specialized vans, sedans, and light - duty buses including all bus models exempt from testing in the current 49 CFR part 665: at least four years or an accumulation of at least 100,000 miles. (b) Trolleys: The term "trolley" is often applied to a wide variety of vehicles. Thus, the useful life depends on the type of "trolley." FTA classifies "trolleys" and the suggested useful life as described in Chapter IV, Vol. 1 -3© p a7 3 CONTRACT FOR FULL SERVICE COMPUTERIZED INDEXING, OPTICAL IMAGING SYSTEMS AND SERVICES FOR VITAL AND REAL PROPERTY RECORDS, BRAZOS COUNTY, TEXAS STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: This Contract for Full Service Computerized Indexing, Optical Imaging Systems and Services for Vital and Real Property Records (herein the "Contract"), is made and entered into by and between BRAZOS COUNTY, a political subdivision of the State of Texas, on behalf of its County Clerk, hereinafter referred to as "Client" or "Brazos County ", and GOVERNMENT RECORDS SERVICES, INC., 2800 W. Mockingbird Lane, Dallas, Texas 75235, hereinafter referred to a "Provider ", individually referred to as "party" and collectively as "parties ". RECITALS WHEREAS, Provider provides microfilming, digital imaging, indexing and storage and maintaining on -line Real Property Records and Vital Statistics Records for various counties throughout the State of Texas; and WHEREAS, Brazos County wishes for Provider to microfilm, digitize, index, store and maintain Brazos County Records on -line. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the services and product stated herein the parties agree to the terms and conditions set forth herein. CONSIDERATION Client agrees to pay for Real Property Recording, Full- Service Computerized Indexing, and Digital Imaging Systems and Internet Services, as those services are specifically described in this Contract and the Exhibits attached hereto, as follows: See Exhibit "A" attached — Pricing of Systems and Services See Exhibit `B" attached — Equipment See Exhibit "C" attached — Description of Processing See Exhibit "D" attached — Description of Computerized Indexing System ACSBr=os CC, TX- Imaging Agreement 1010.doc Vol. 1 Pg. a—] 9 Page 1 of 21 See Exhibit "E" attached - Description of Microfilm Conversion, Loading, Linking to Real Property Computer System Exhibits A, B, C, D and E are attached hereto and made a part hereof for all purposes. The costs of the systems and services described herein have been negotiated by the Department of Information Resources of the State of Texas. These negotiated prices are offered to Brazos County through the Department of Information Resources Contract # SSD -1010. DURATION This Contract shall commence on-Tlo.t�- - p 2010 (signing date) and shall expire 5 years from signing date or on subject to the annual appropriation of currently available funds by the Brazos County Commissioners Court. Client shall have three consecutive twelve month renewal options to commence upon expiration of the previous term upon the same terms and conditions then in effect. The Client shall notify the Provider in writing of its decision to exercise this option 30 days prior to the expiration of the original term or a renewal term. Such renewal terms shall be upon the then existing terms and conditions. CONFLICT OF INTEREST No public official shall have interest in this Contract, in accordance with Vernon's Texas Codes Annotated Local Government Code Title 5, Subtitle C, Chapter 171. CONFIDENTIALITY All information disclosed by Client to Provider for the purpose of the work and services to be done in performance of the Contract, or information that comes to the attention of the Provider during the course of performing such work is to be kept strictly confidential. Provider shall not publish, distribute, or reproduce in any way the Client's records without the express written authorization of the Brazos County Clerk. SYSTEM AND PROCESS Provider represents that the mechanical process to be used to create the records to be imaged and stored hereunder is as set forth on Exhibit "C ". Provider further warrants and represents that the indexing system to be leased hereunder shall conform to the specifications and descriptions set forth in Exhibit "D ". ACSBra:os CC, TX - Imaging Agreement 2 oc 15 D _ n /� 3 O Page 2 of 21 Vol I ,J i " p• OC O CHANGE ORDERS No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the Contract. All change orders to the Contract shall be made in writing and signed by both parties. Either parry may request a change order. Within 5 days of receiving or initiating a written change order, Provider will prepare a written cost estimate and schedule for the requested change to Client. All technology or service related change orders shall be agreed to by Provider and the County Clerk. If a change order effects the cost of the Contract, or any term not described above, such change order must be submitted to the County Commissioners Court for approval. Such change order shall be considered at the next regularly scheduled Commissioners Court hearing after such change order is submitted and for which adequate notice is possible under the Texas Open Meetings Act. ASSIGNMENT The Provider shall not sell, assign, transfer or convey to any third -parry this Contract in whole or in part, without the prior written consent of the Brazos County Commissioners Court. INDEMNIFICATION Provider shall defend, indemnify and hold harmless Brazos County and all of its officers, agents and employees from all suites, actions, or other claims of any character, name and description brought for or on account of an injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the Provider, or of any agent, employee, subcontractor or supplier in the execution of, or performance of this Contract. Provider shall pay any judgment with costs which may be obtained against Brazos County growing out of such injury or damages. SALES TAX Brazos County is by statute exempt for the State Sales Tax and Federal Excise Tax; therefore, the price shall not include taxes. DESIGN, STANDARDS, AND PRACTICES Services to be furnished by Provider must conform to the highest standards of practices in the industry. The digitized microfilm to be processed pursuant to this Contract shall meet the highest standards of the industry and shall conform to the standards adopted subsequent to the date of this Contract, if any, by the American National Standard's Institute and/or the Texas State Library and Archive Commission. ACS /Bra =os CC,TX- Imaging Agreement 2010.doc � ) Page 3 of 21 Vol. 3 o Pg. a COMPLIANCE WITH GOVERNING LAWS All services provided for herein must comply with all federal, state, county and local laws governing or covering the type of services included in this Contract. PATENTS /COPYRIGHTS If any claim is asserted or action or proceeding brought against the Client which alleges that all or any part of the software provided hereunder in the form supplied by Provider, or the Client's authorized use thereof, infringes or misappropriates any United States copyright or patent, or any trade secret, license, grant, or other proprietary right, the Client shall give Provider prompt written notice thereof. Provider shall defend any such claim or action with counsel of Provider's choice and at Provider's expense and shall indemnify the Client for any costs, including reasonable attorney's fees, incurred by the Client in connection therewith. The Client shall cooperate fully with and may monitor Provider in the defense of any claim, action or proceeding and will make employees available as Provider may reasonably request with regard to such defense, subject to the reimbursement by Provider of all reasonable costs and expenses occasioned by Client's cooperation in such defense. If the software provided by Provider is, in either Client's or Provider's opinion likely to become or does become the subject of a claim of infringement or misappropriation of a copyright, patent, trade secret or other contractual or proprietary right, or if a temporary restraining order or other injunctive relief is entered against the use of part of or all of the software, Provider shall at its sole cost and expense select one of the following remedies, which selection shall be in Provider's sole discretion: 1. Promptly replace the software with a compatible functionally equivalent, noninfringing and/or nonrestrained software; or 2. Promptly modify the software to make it noninfringing; or 3. Promptly procure the right of the Client to use the software as intended. Notwithstanding any provision in this Contract to the contrary, Provider will not be responsible for indemnifying Client in the event that the Provider's software has been modified by Client or a third party without the prior written consent of Provider. INSURANCE Provider shall, at all times, maintain sufficient insurance coverage to protect Client from all reasonable loss by liability claims arising out of Provider's performance or lack of performance of this Contract. If Provider materially changes or cancels any insurance policy required by this Contract, Provider shall give Client prompt written notice of same. ACS/Braos CC, TX- ImagingAgreemenl 2010.doc Page 4 of 21 Vol. 13 b Pg. 8 Upon request, Provider will provide evidence of coverage on a standard ACORD form certificate of insurance. INVOICES Invoices shall be mailed directly to: Honorable Karen McQueen Brazos County Clerk Brazos County Courthouse 300 E. 26' Street, #120 Bryan, Texas 77803 The invoices shall show: Name and address of Provider. 2. Detailed breakdown of all charges for the services or products delivered stating any applicable period of time. Invoices shall be based upon actual services rendered and actual hours of performance and/or products delivered. 174 43 1 Do►N N Agreed payments will be made by Client to Provider upon receipt and acceptance by Client of all completed services and/or products ordered and receipt of a valid invoice in accordance with V.T.C.A., Government Code Section 2251.021. Client agrees to pay late charges of one and one half percent (1.5 %) of any balance due to Provider that is outstanding for more than thirty (30) calendar days. DELIVERY OF HARDWARE EQUIPMENT Provider shall replace the computer hardware and other equipment currently in use by Client with the hardware and equipment set forth on Exhibit `B" and thereafter as may be needed due to hardware or equipment failure, on Client's premises for use of Client during the term of this Contract. Subject to the terms hereof, the title and possession of the hardware and other equipment furnished by Provider shall at all times, after delivery to Client, be and remain the sole and exclusive property of Provider. Provider shall permit the use and operation of the equipment currently being leased by Client from Provider simultaneously with the new equipment for as long as 3 weeks as a back -up ACSBra =os CC, TX- ImagingAgreement 20lO.doc Page 5 of2l Vol. 130 Pa. A � 5 system until the Client is assured the new equipment is working properly. Such old equipment will continue in use during that time at no additional cost to the Client. The hardware and equipment furnished Client according to this Contract shall not be used by Client during the time period of this Contract except in the furtherance and performance of the specific terms of this Contract. Any operating software that Provider has received from the manufacturer of the hardware or vendor of the hardware shall be delivered to Client for its use, subject to the rights retained in such operating software and restrictions set forth by such manufacturer or vendor and shall at all times remain the property of Provider. Provider, or its vendor(s), retains all proprietary right to such operating software. Upon the availability of the new equipment to Provider, Provider shall schedule Client for System Installation. Provider will give Client an estimate time and schedule for installation. Provider shall use its best effort to perform in a timely manner. SITE PREPARATION Client will provide at its own expense a site adequate in space and design for the installation and operation of the hardware. Client shall be responsible to provide (i) a site that is temperature - controlled (ii) has the necessary electrical outlet, circuits, and wiring for the hardware, and electric current of sufficient quality and quantity to operate the hardware, and (iii) cooperate with Provider in making arrangements with the local phone carrier for installation of a DSL, ISDN or phone line to the County Courthouse. Any charges due to the phone carrier for installation and monthly service charges shall be at Provider's expense. Client shall be responsible, at its cost, for the proper cabling and wiring of the County Clerk's Office with cabling sufficient to operate the system described herein. Provider shall notify the Client of the type and quality of cabling required to service the equipment. Provider has no duty to prepare the site for installation of the hardware, except as provided above, but does have a duty to give notice to Client of any inadequate conditions which it finds regarding the site. INSTALLATION AND TRAINING Provider shall have the duty to install or reinstall, if necessary, the hardware at the site designated by Client. Provider shall also have the duty to provide the adequate and necessary training, as determined in Client's sole judgment, of Client's employees for the operation of the above described hardware and for the understanding of the use of the software. If requested by Client, Provider will furnish additional training at Client's site to compensate for any employee turnover or software upgrade, and to ensure Client's ability to fully utilize all hardware provided. All installation and training is included in the prices set forth in Exhibit "A ". ACSB=os CC, TX- Imaging Agreewnt1010.doc Page 6of21 Vol. — I ? )o pg. LICENSE Provider grants to Client the non - exclusive, nontransferable, revocable right to use the software provided under this Contract during the term of this Contract; such right specifically exclude's the right of Client to sublicense, assign, or sublease any of its right hereunder without express written consent of_ Provider. Client agrees that the software products licensed herein are proprietary, and that Provider or the owner of the licensed software products retains ownership of all rights, title and interest of its licensed software products. Provider agrees to provide all updates of the Software described herein at no additional charge. All enhancements made on behalf of Client by Provider will be proprietary to Provider. TERMINATION FOR BREACH OR DEFAULT BY ACS -If ACS materially breaches any of the terms and conditions set forth in this Agreement or fails to perform the obligations set forth in this Agreement and fails to cure the breach or failure within forty -five (45) calendar days (or other reasonable period stated in the notice) after receipt of written notice specifying the basis for the breach or failure to perform, Client may terminate this Agreement. Termination by Client shall be effective upon delivery of final payment to ACS of all sums due under this Agreement to the effective date of the termination. Client agrees to discontinue use of all hardware, software, and other ACS -owned materials no later than the effective date of termination and return the hardware, software, and other ACS -owned materials to ACS within thirty (30) calendar days after termination. TERMINATION FOR BREACH OR DEFAULT BY CLIENT If Client materially breaches any of the terms or conditions set forth in this Contract or fails to perform the obligations set forth in this Contract and fails to cure the breach or failure within forty -five (45) calendar days (or other reasonable period stated in a notice sent by Provider) after receipt of written notice specifying the basis for the breach or failure to perform, Provider may terminate this Contract for breach. Termination by Provider shall be effective upon receipt by Client of a written notice to terminate. Client agrees to discontinue use of all hardware, software, and other Provider -owned materials no later than the effective date of termination and return the hardware, software, and other Provider -owned materials to Provider within thirty (30) calendar days after termination. TERMINATION WITH NOTICE Either party may terminate this Contract at the end of the initial term or any renewal term by providing ninety (90) calendar days written prior notice to the other party of the non - renewal of the Contract. ACS /Brazos CC, TX - Imaging Agreement 20 ' � n o� Page 7 of 21 Vol 1 g• - TERMINATION FOR LOSS OF FUNDING This Contract is subject to termination for convenience upon not less than thirty (30) days written notice to Provider if Client has failed to receive funds for the continued procurement of the products or services set forth in this Contract after every reasonable effort has been made by Client to secure the necessary funding and if no substitute arrangement is made by Client to obtain the same or similar products or services from another source. INTERNET SERVICES Provider will, as part of the pricing set forth on Exhibit A, place all Brazos County Clerk's Real Property Records (indices and records) on -line commencing with the date of this Contract and going back to January 1, 2000. Such records will be accessed at www.Texaslandrecords.com The revenue derived from the searching of the records on the intemet will be rebated to the Client by deducting the amount of money Provider received from the intemet searches from the County Clerk's monthly invoice. Provider will charge a 50% administration fee to collect and disburse the internet searcher charges. Provider agrees to provide a monthly accounting to Client to verify intemet revenue and administration fees. Client reserves the right to have such records audited annually at Client's expense. The per image retrieval and per copy price and subscription fee will be set by Client. INDEPENDENT CONTRACTORS It is agreed and understood that Provider, and its employees, agents, representatives, and anyone acting on behalf of Provider are independent contractors for the purpose of this Contract. PROPRIETARY RIGHTS Provider shall have the sole and exclusive right to patent or copyright any work resulting from its services. In order to protect Provider's interest in these materials, Provider will retain all proprietary rights including but not limited to source programs, object programs, control language procedures, systems design, modular program structure, system logic flow, technical documentation, report and video formats, subroutines, processing techniques and procedures, and report generation which were prepared on behalf of Client, subject, however, to the section of this Contract entitled "Title to Recorded Media ". As part of this Contract, Client is granted a non - exclusive license to use these materials. WARRANTY AND DISCLAIMER Services to be performed by Provider will be done by qualified personnel, properly supervised, and will meet such other specifications as are mutually agreed upon by the parties. Provider further warrants and represents that the hardware and software together will perform in ACS /Brmcs CC, TX- ImagingAgreement2010.doc /j �$ Page 8 of2l Vol. 3 Pg. 1p accordance with the terms of this Contract. Provider warrants that each delivered and installed product will be in good operating condition on the day it is accepted. If any delivered material or product is not in good operating condition on the" date of installation, Provider will make adjustments, repairs, and replacements necessary to place the product or material in good operating condition as promptly as possible after installation. If Provider can not make the system operable after adjustment or repairs within 5 days of installation, Provider will install new hardware and/or software. THE LIMITED WARRANTIES SET FORTH IN THIS SECTION, AND THIS CONTRACT, ARE MADE TO CLIENT EXCLUSIVELY AND ARE IN LIEU OF ALL OTHER WARRANTIES. PROVIDER MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO ANY HARDWARE, SOFTWARE OR THE SERVICES PROVIDED UNDER THIS CONTRACT, IN WHOLE OR IN PART. PROVIDER EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER EXPRESSLY DOES NOT WARRANT THAT ANY SOFTWARE OR ANY HARDWARE WILL BE ERROR -FREE, OR WILL OPERATE WITHOUT INTERRUPTION. CLIENT WAIVES ANY CLAIM THAT ANY OF THESE WARRANTIES OR THE REMEDIES PROVIDED UNDER THIS CONTRACT FAIL OF THE ESSENTIAL PURPOSE FOR WHICH THE WARRANTIES OR REMEDIES ARE PROVIDED. CARE AND USE Client shall protect the hardware and software furnished by Provider from deterioration other than normal wear and tear. During the period of this Contract, Client shall not use the systems furnished by Provider according to the Contract for any other purpose other than that for which they were designed and only for the purposes intended for the performance of this Contract. Parties agreed that the cost of hardware maintenance service is included in the charges as stated in Exhibit "A ". Provider assumes the obligation to repair and maintain such systems in good operating condition and repair at all times during the term of this Contract, subject to the risk of loss provision below. The Client shall not, without prior written consent of Provider, affix or install any accessory equipment or device on the hardware that will either impair the originally intended function or use of such hardware. Client will not move the hardware or permit the removal of any hardware from the original installation site without Provider's prior knowledge. Notwithstanding any provision in this Contract to the contrary, the parties agree that Provider will bear the risk of loss or damage to any hardware while in transit to Client installation site(s). Client will bear all risk of loss or damage to hardware after delivery to the installation site(s), unless the loss or damage is due to the negligence or willful acts of Provider, its employees, agents, representatives, or subcontractors. ACSBra:os CC, 7X- Imaging Agree,71f 010.doc 13o Pg. a $ 7 Page 9 of 21 SUPPORT Provider has its only customer support and development center in Dallas, Texas. This center only supports Provider's products and services. It handles hardware and software calls. Provider serves as the single point of contact for all support and maintenance issues for its customers. Provider's philosophy is to insure that if a customer has a problem they can access the customer support center by 800 -phone number and receive attention via an operator. All problems identified by phone shall be resolved within a reasonable amount of time. Provider will dial -in to the records management and imaging system and perform proactive support as well as normal maintenance and software problem resolution. Provider will guarantee a response or resolution within a reasonable amount of time. Provider will maintain in conjunction with the system design specification a problem log that details all customer requests; regardless as to whether they are scope issues, software problem reports or enhancement requests. This log shall be available to all customer and project personnel at all times. Each issue identified in the log will contain a date of submission and the name of the person submitting the request. As a function of Provider status reports, Provider will provide a summary of the number of issues opened, the number of issues closed, issues requiring management attention (such as contractual issues), and copies of all resolved issues (resolution forms) from the pervious month. It is the intention of Provider to have all issues resolved as soon as possible. TITLE TO RECORDED MEDIA It is expressly agreed by Client and Provider that title to all media recorded pursuant to this Contract, in any form, (including, but not limited to: silver halide microfilm, hard disks, internet images, and any other magnetic recording) shall belong to the County Clerk of Brazos County. DEFAULT The occurrence of any one or more of the following events shall constitute a default under this Contract: • Failure by Provider to perform any term, covenant or condition of this Contract, which default shall continue for a period of fifteen (15) days after Client furnishes Provider written notice of such failure to perform; • Failure of Provider to repair or replace faulty or malfunctioning equipment, products, or materials within 48 hours of receipt of notice from the County Clerk, or failure of Provider to furnish adequate and proper training or retraining of Client's employees as deemed reasonably necessary by the County Clerk for Client to properly use the hardware and software of Provider; ACSIBra =os CC, TX- 1=gingAgreewnt2010.doc I O "') (y Page 10 of 21 Vol. Y pC O • Failure of Provider to furnish the necessary hardware or software to site of Client as agreed upon herein; • Except as provided herein, failure of Provider to protect from dissemination, without Client's prior written consent, the data which is indexed and stored by Provider; Failure by Client to pay payments or other amounts payable by Client under this Contract pursuant to the Texas Government Code §2251.021; • Failure by Client to perform any term, covenant or condition of this Contract, which default shall continue without the commencement of a cure, for a period of fifteen (15) days after Provider furnishes Client written notice of such failure to perform. REMEDIES UPON DEFAULT Client reserves the right to enforce the performance of this Contract, in the event of a breach, in any manner prescribed by law. Provider shall reimburse Client for all reasonable costs and reasonable expenses incurred in connection with the enforcement of any right or remedy under this Contract, including reasonable attorney's fees. Client shall reimburse Provider for all reasonable costs and reasonable expenses incurred in connection with the enforcement of any right or remedy under this Contract, including reasonable attorney's fees. Breach of Contract or default by Provider authorizes Client to terminate this Contract, purchase the services provided herein elsewhere and charge the full increase in costs, if any, to the Provider. LIMITATION OF LIABILITY NEITHER PARTY SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND RESULTING FROM THE PERFORMANCE OR NON- PERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT EVEN IF THOSE DAMAGES ARE ATTRIBUTED TO BREACH OF THIS AGREEMENT, TORT, NEGLIGENCE, OR OTHER CAUSE OF ACTION. THE PARTIES AGREE THAT THIS LIMITATION SHALL APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF NON - DIRECT DAMAGES OR IF, UNDER APPLICABLE LAW, NON - DIRECT DAMAGES ARE CONSIDERED TO BE DIRECT DAMAGES. PROVIDER ACS/Br=as CC, TX - ImagtngAgreement 2010.doc Vol. 13© Page 11 of 21 SHALL NOT BE LIABLE FOR ANY FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS FROM THE HARDWARE, SOFTWARE OR SERVICES PROVIDED UNDER THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT PROVIDER HAS SET ITS PRICING AND ENTERED INTO THIS CONTRACT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTY AND DAMAGES SET FORTH IN THIS CONTRACT, AND THAT THE THESE LIMITATIONS AND DISCLAIMERS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EXCEPT FOR SERVICE FEES AND AMOUNTS EXPRESSLY DUE AND PAYABLE TO PROVIDER UNDER THIS CONTRACT, IN NO EVENT SHALL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO THE OTHER PARTY FOR ANY CLAIMS, PENALTIES OR DAMAGES, WHETHER IN CONTRACT, TORT, OR BY WAY OF INDEMNIFICATION, IN AN AMOUNT EXCEEDING FIFTY PERCENT (50 %) OF THE FULL PRICE OF THIS CONTRACT. NOTICES Any notice required or permitted under this Contract shall be in writing and sent by certified mail, personal delivery or overnight courier to the following: Client Honorable Karen McQueen Brazos County Clerk Brazos County Courthouse 300 E. 2b Street, #120 Bryan, Texas 77803 Provider Hubert P. Auburn Vice President Government Records Services, Inc. 2800 W. Mockingbird Lane Dallas, Texas 75235 RETURN SOFTWARE TO PROVIDER Upon the termination, regardless of cause, or expiration of this Contract, Client shall within 10 days of such termination or expiration, return all software furnished herein to Provider. Within 15 days immediately following such termination or expiration of this Contract, a representative of Provider shall have the right to go onto Client's premises, access all hardware furnished by Provider and remove from such hardware, hard - drives and software furnished by Provider that has been downloaded onto such hardware. MISCELLANEOUS If any provision of this Contract is held to be illegal, invalid, or unenforceable, that provision shall be severed or reformed to be enforceable and the remaining provisions hereof shall remain in full force and effect. Acs%Brams CG TX - Imaging Agreement 1010.d0c a ! D Page 12 of 21 Vol. _ ) 0 11 Pg. This Contract embodies the entire contract of the parties with respect to the subject matter hereof. This Contract cannot be modified except by written amendment or change order signed by both parties hereto. This Contract shall be construed and enforced in accordance with the laws of the State of Texas, and performable in Brazos County, Texas. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Contract on behalf of the parties hereto and each parry hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. For the purpose of this original Contract, time is of the essence. EXECUTED in two (2) originals in Brazos County, Texas on this the day of 2010. CLIENT: Brazos County, Texas Brazos County Courthouse 300 E. 26 Sweet, #�,� Bryan, TX W7780Y Randy Sims, qKunty Judge Acting on b gfialf of, and by the authority of The Commissioners Court of Brazos County, Texas PROVIDER: Government Records Services, Inc. 2800 W. Mockingbird Lane Dallas, Texas 75235 Vice President ACS Bra -os CC, TX- Imaging Agreement �oJOo.� ) 30 p _/ 9 I Page 13 of21 �/ l P. C� E)aMIT "A" PRICING I. Full Service Computerized Indexing: Real Property Records Price Per Instrument Per Month: . 1- 100 Instruments - $3.98 each 101- 200 Instruments - $3.94 each 201- 1,700 Instruments - $3.68 each 1,701 - Up - $1.63 each In the year 2008, Brazos County Clerk averaged paying $7,400.00 per month for Full Service Computerized Indexing for Real Property Records. Monthly prices fluctuate depending on the number of instruments filed in the County Clerk's office each month. Average Monthly Cost $7,400.00 II. Optical Imaging System: Real Property Records and Vital Statistic Records Monthly Cost $4,340.00 Includes the following: 1. Computer hardware, software, hardware upgrades, software upgrades, training, and maintenance. 2. All supplies: Paper, toner cartridges, binders, shelving, cleaning and back -up tapes 3. Digital conversion of imaged Real Property and any other documents recorded on the ACS system to 16mm security microfilm. 4. Installation of DSL, ISDN, or phone line into Brazos County Courthouse and hook -up to hardware. Cost of monthly phone charges for service. 5. Storage of all Brazos County Clerk's records security microfilm in a temperature/humidity controlled vaults for safekeeping and backup. 6. Storage of Grantee /Grantor indices on magnetic tape for security backup and safekeeping. 7. Quarterly and yearly printed Grantee /Grantor indices in alphabetic format. ACS /Brazos CC, TX- Imaging Agreement 1010.doc Vol. 1 . 3 o p p � 9 a Page 14 of 11 !3 8. All Real Property images from January 1, 2000 forward will be loaded onto your new system. 9. All available Real Property images will be maintained on -line at www.texaslandrecords.com. III. Total Average Monthly Billing - $11,300.00 Full Service Computerized Indexing of Real Property Records, and Optical Imaging System for Real Property Records and Vital Statistic Records IV. Microfilm Conversion of Real Property Records includes importing to ACS 20/20 Perfect Vision computer system, matching to the existing grantor /grantee index and any hardware upgrades to maintain systems performance (project specifications see Exhibit "E "). This service will be invoiced at $0.55 per each instrument converted and billed separately each month as the work is produced and loaded to the computer. There are approximately 674,600 instruments to be converted from 1967 to 1999. This project will take approximately 39 months to complete utilizing records management/archive fee established in September 2009 by Brazos County Commissioner's Court and is consistent with Brazos County Clerk's 2009 Records Management Plan. ACS will convert approximately 17,300 previously filed instruments per month for 39 months. The conversion will begin with filing year 1999 and work backwards through 1967. This project will begin on signing date be invoiced at $9,515 per month until completion. SPECIAL NOTE: Subject to the "Care and Use" provision in the Contract, Provider is responsible for all hardware maintenance, including but not limited to the backing up of the hard -drive on all equipment leased hereunder. In the event that a hardware component is damaged or not working properly, it is Provider's full responsibility to replace the damaged component/equipment for the County in the most efficient and timely manner. In the unlikely event that the hard drive of the server is damaged, Provider has the capability to load down all index information and images onto another server and replace the damaged one in the most efficient and timely manner. ACS / Bra -os CC,TX- Imaging Agreement 2010.doF � o1. 130 P g• � 93 Page 15 of 21 V EXHIBIT `B" Hardware Component Quantity Description D ell PowerEdge T300 Tower 1 Image and Data Base Server C SmartUPS 1500 LCD 1 UPS for Server Dell OptiPlex 960 Minitower w/ 22" CD 2 Scanning Workstation F ujitsu fi -6240 2 Duplex Scanner Dell OptiPlex 960 Small Form F actor w/ 22" LCD 9 Public Workstation Dell OptiPlex 960 Small Form F actor w/ 22" LCD 6 Cashiering Workstation iohm 760 6 Receipt PrinterNalidator G 6 Cash Drawer H ewlett Packard LaserJet 4015x 3 Networked Duplex Laser Printer C Back -UPS 550 8 UPS for Scanning and Cashiering Workstations C SurgeArrest Performance 11 Power Strips for Public Workstations, Firewall, d Network Switch D ell PowerConnect 2824 Switch 1 V4etwork Switch Cisco ASA 5505 1 Virewal l Seagate GO Station 2 Vocking Station for Backup Drives Seagate GO Drives — 500 GB 6 [Backup USB Drives Software Microsoft Windows 2008 Server Standard — 64 bit Microsoft SQL Server 2008 Microsoft Windows XP SP3 McAfee Anti-Virus Symantec Ghost Kofax Adrenaline Image Processing Engine (Scanning) PDF Factory Pro Server (Server) ACSBra =os CC,TX- Imaging Agreement 2010.doa Page 16 of 21 q Wt. Bo p g . I EXHIBIT "C" BRAZOS COUNTY PROCESSING The following is a step -by -step process for the operation of the Brazos County Clerk's office for Real Property Records with the new equipment. 1. After a document has been filed through cashiering, (as such process is described in a separate Contract) it is ready to be scanned. The document number and the number of pages are passed through the system to the scanning station. The Client has the option to scan the image immediately or wait until it receives a range of instruments to scan. The programs can run reports on which documents were scanned for the date and let you know if any numbers were skipped. The Client also has the ability to rescan if an image didn't scan properly onto the system. Once the Client saves that image to the system, it is ready to be viewed by the instrument number. 2. When the Client is done scanning for the day, they will send the daily images (documents) to Dallas. The images will be transferred to Dallas by DSL, ISDN, or modem line, whichever is available and most feasible, to be indexed. Once Provider receives these images, it will return the index back to Client the next day. Provider will blind verify the indexing, and create a roll of security microfilm to be stored in our temperature/humidity - controlled vault. 3. The index information will attach to the proper images that coincide with that - instrument. At that moment the instrument is ready to be searched by the public. 4. Provider will continue to send printed indices and merges back to Client. (Currently doing this.) The Provider shall print and provide all hard bound printed indices required by this Contract. 5. Provider will send the digitized Grantor /Grantee indices to Client, the next day, after Provider receives the scanned images via DSL, ISDN, or modem line from Client. Electronic Recording System (cRX) ACS has implemented the Electronic Recording Program into the existing recording and indexing process. ACS shall fulfill the following duties and obligations in support of the electronic recording system. 4CS1Br=os CC, TX - Imaging Agreement 1010.doc Page 17 of 2l Vol. - -- - 1 30 pg. _ a 6 s — a. ACS will be responsible for providing, supporting, and maintaining the eRX System software and the interface to the County Land Record Management System. . b. ACS will ensure that eRX System is secure and that once documents are received, they remain immutable until such time as they are recorded. c. ACS will work with the Submitting Company and County to resolve issues encountered in the Electronic Recording Process that are within the scope of the system and software used to support the Electronic Recording Program. d. ACS will maintain an audit trail of documents received, the source received from, dates and times received, receipts received, receipts transmitted, and any errors encountered. The aforementioned duties and obligations will be fulfilled in a timely fashion at ACS' expense. County shall fulfill the following duties and obligations. a. County shall protect the integrity of the recordation process through ongoing monitoring of documents received and recorded through the Electronic Recording Program. b. County (and, if applicable, any third -party providers retained by County) will work with ACS to install, configure, and administer the necessary infrastructure components to facilitate the Electronic Recording Program. c. County (and, if applicable, any third -party providers retained by County) shall test and maintain the software and hardware required to operate the Electronic Recording program. d. County shall apply the same level of diligence in handling documents submitted electronically as those submitted through the normal paper process. The aforementioned duties and obligations will be fulfilled in a timely fashion at County's expense. ACS /Brazos CC,TX- Imaging Agreement 2010.doc Vol. i ?)0 p �• a9 Page 18 of21 1 -- .__ EXIIIBIT "D" FULL SERVICE COMPUTERIZED INDEXING OF LAND RECORDS Provider is capable of performing data input from a variety of microfilm formats including 16mm and/or 35mm rolls that contain the Client's various records images. Provider utilizes a virtually error -free procedure for the entering of land records index data involving a combination of 100 percent key verification, machine editing procedures that will catch alphabetic data in numeric field and vice versa as well as machine checks for missing instrument numbers, missing parties to the document, et cetera, intensive operator training on documented reference materials for key entry personnel. The computerized indexing services includes an alphabetic listing of the Grantors, an alphabetic listing of the Grantees, a "Missing Numbers Report" to account for all the Clerk's instrument numbers showing all the documents indexed in each group of documents submitted by Brazos County Clerk. The Grantor /Grantee index output reports have the following specifications: The names fields are 40 characters to minimize the need for operator judgments on abbreviations and to assure a truer alphabetic sort procedure. 2. The type of document field has 20 characters to prove adequate room to spell out most document types and certain combination document types. 3. Case numbers and money amounts are shown on all index entries for abstracts of judgements and tax liens. - 4. Money amounts are shown on deeds of trust index entries. 5. Prior document references on assignments and releases are shown on the index report. If both volume and page prior document reference and a money amount are shown on the same document, the volume and page prior document reference will take priority over the money amount with respect to the information printed on the index report. 6. The page format of the data prominently displays the inclusive certification dates for the index series at the top of each page. If requested by the Brazos County Clerk, all properties described on a document are shown on the index, regardless on number. The output pages are approximately 8 -1/2 by 14 inches in size, printed in a landscape mode and is a laser print -type quality. ACSB=m CC, TX - Imaging Agreement 2010.dw Page 19 of 11 Vol. 130 p c2 q- 9. Provider furnishes the necessary sectional post binders of a plastic or poly material comparable in quality and style to those currently in use by the Client. Alphabetic and "current" divider tabs and customized printing or labeling of the binders are also included. 10. Each index is merged with the prior month's index. 11. All months' indices are merged to create a year's index. 12. At the end of each year, that year's index is merged with the previous years' indices. The indices are merged in five (5) year periods, then the two (2) 5 -year merges are merged into a 10 -year merge. The Provider's System prints the merges on both sides of the paper, not just on the front side. AC, Bra=os CC, TX- Imaging Agreement 2010.docVol. 1 P Page 20 oJ2! $• d EXIIIBIT "E" CONVERSION OF REAL PROPERTY MICROFILM, LOADING, LINKING TO REAL PROPERTY COMPUTER SYSTEM For film scanning ACS will retrieve the microfilm from ACS storage vault as needed. Technicians will inspect each shipped microfilm for quality, to detect any film that may have deteriorated or may contain poorly exposed document images which could be problematic for image conversion. Notices of any problems will be forwarded to Brazos County assigned staff members. The microfilm will be scanned in dual stream mode ( Grayscale and TIFF) using our existing latest generation state -of -the -art NextScan Eclipse hi- speed, high - quality microfilm scanning devices providing an initial image output of 300DPI. As each volume is scanned, the scanner operator will add a control system entry indicating, total pages scanned, date of scanning, and scan station number. Page numbers are compared to system generated number as the pages are scanned and the operator notes any discrepancy in the control system. This identifies any missing or alpha suffixed page numbers. Missing pages will be reported to Brazos County as specified by a detailed image /audit report which will also be provided. During scanning the operator will monitor image quality and rescan any documents of less than desirable quality. If necessary the technician will use ACS image- correction software to sharpen Grayscale images and convert to 200 DPI Tiff images. The result will be digital images of the highest and most consistent quality. After scanning, images will be, reviewed again to ensure the overall quality of the scanned images and that all corresponding microfilm images have been scanned and post - processed, quality reviewed with 100% image inspection, and numbered according to required format. Images will be organized as batches by Record Book Name, Volume and Page within a directory with the directory name being the book name. Electronic images will be processed for file naming and final QC. Any files failing QC will be rescanned and reprocessed. These reprocessed images will be reviewed by management to verify that best effort has been applied to each questionable image with the resulting image being of the highest image quality possible from the original image scanned. After film conversion and tagging, the newly created images will be imported to the ACS 20/20 System. Images will be matched and linked to the existing grantor /grantee index. New images will be downloaded via remote communications on your system providing a seamless transition. New images will also be added to the Brazos County real property web based on -line service. ACS /Bra.os CC,TX- Imaging Agreement 2010.doc ly � Page 21 of21 Vol. �J d pg. I 1 Vol. 1 3a pg, 300 ORDER RELOCATING POLLING PLACES FOR ELECTION PRECINCTS 13,24 & 80 WHEREAS, there exists at the present time certain polling places which can not be used for the purpose of conducting elections; and WHEREAS, the polling place for Election Precinct 13 is located in Bethel Lutheran Church, 410 Bethel Lane, Bryan, Texas; and WHEREAS the Commissioner's Court has been notified that Bethel Lutheran Church will be relocating out of it's current precinct and will not be available for use in upcoming elections; and WHEREAS, the polling place for Election Precinct 24 is located in the B /CS Convention & Visitors Bureau, 715 University Dr. East, College Station, Texas; and WHEREAS, it is recommended that the polling place for Election Precinct 24 located in the B /CS Convention & Visitors Bureau, be moved for the convenience of the voters; and WHEREAS, the polling place for Election Precinct 80 is located in Christ United Methodist Church, 4201 S.H. 6, South, College Station, Texas; and WHEREAS, it is recommended that the polling place for Election Precinct 80 located in Christ United Methodist Church, be moved for the convenience of the voters; and WHEREAS, Beacon Baptist Church, has agreed to allow the polling place for Election Precinct 13 to be located in Beacon Baptist Church located at 2001 East Villa Maria, Bryan, Texas: WHEREAS, the John Connally Building has agreed to allow the polling place for Election Precinct 24 to be located in the John Connally Building located at 301 Tarrow, College Station, Texas: WHEREAS, the Living Hope Baptist Church has agreed to allow the polling place for Election Precinct 80 to be located in the Living Hope Baptist Church located at 4170 State Hwy 6, South, College Station, Texas: Order 10-001 Vol. 13o Pg. 30 NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to chapter 43 of the Texas Election Code that the location of the polling place be relocated in Brazos County to wit: THAT the polling place for Election Precinct 13 to be located in the Beacon Baptist Church located at 2001 East Villa Maria, Bryan, Texas; THAT the polling place for Election Precinct 24 to be located in the John Connally Building located at 301 Tarrow, College Station, Texas; THAT the polling place for Election Precinct 80 to be located in the Living Hope Baptist Church located at 4170 State Hwy 6, South., College Station, Texas; THAT submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. ADOPTED this dbv— day of . ,r 2010 by a vote of JG— AYES and (_ NAYS. ATTEST: ck,�� *=,=V o — Karen cQueen, County Clerk c Sims, County Judge VOL. 1 Pg. 30 p 2 Order 10 -001 ORDER RELOCATING TEMPORARY EARLY VOTING POLLING PLACE WHEREAS, the Commissioners Court of Brazos County, Texas has established four temporary early voting polling places in various locations in Brazos County; and WHEREAS, the Commissioners Court is desirous to comply with section 85.062(d)(2) of the Texas Election Code which requires locating one temporary branch early voting polling place in each Commissioner Precinct; and WHEREAS, the Commissioner Court of Brazos County, Texas has been notified by Grace Bible Church - Southwood, that it will no longer be available for the use as a temporary early vote location; and WHEREAS, the Commissioners Court is desirous of relocating the temporary branch early voting polling place from the Grace Bible Church - Southwood located at 1901 Harvey Mitchell Pkwy, South, College Station, Texas to the College Station Utilities Meeting & Training Facility located at 1603 Graham Road, College Station, Texas, for the convenience of the voters; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to section 85.062(d)(2) of the Texas Election Code that one temporary branch early voting polling place be established in each Commissioner Precinct in Brazos County; and THAT the temporary branch early voting polling place located in the Grace Bible Church - Southwood located at 1901 Harvey Mitchell Pkwy, South, College Station, Order 10 -002 Vol. 13o p g 303 Texas, be relocated to the College Station Utilities Meeting & Training Facility located at 1603 Graham Road, College Station, Texas; and THAT submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. ADOPTED this a(eI day of 2010 by a vote of AYES and NAYS. County Judge ATTEST: Tom �;tl�Il / - • Order 10 -002 Vol. 13 6 p 3 b BID TABULATION 2010 -08 HEAVY MACHINERY RENTAL NOVEMBER 30, 2008- NOVEMBER 29, 2009 MUSTANG RENTAL TYPE OF EQUIPMENT SERVICES • -R.M EVERETT B CO. VOLVO TEXCON Halt 1 BACHNOEILOAOER -62 HP MAKEINODEL OATMOdE -iWP WB VOLVOBLW4X4 JO 3105 JOHN DEERE 210 OR C. YON MONTHLY 61 $1 {6,]K00 61,19610 WEEKLY 6600.00 466.00 61,611.00 $503.00 DAILY $190.00 {1M.00 W3.N $202.00 BA CRAWLER TRACTOR 2 WM WR ODEL 4 BLADE, HP MAK FJYOOEL CAT DIk- X41UIP HIB JD 310LE CAT MD JOHN DEER 1 MONTHLY $2,100.00 $1,2 ".00 " $1,999.00 WEEKLY $800.00 "20.10 $1,710.00 $M6.40 ONLY $220.00 510.0) 503.0 ___ _ _ 3 CRAWLER TYPE TRACTOR, NHP MANEIMOOEL CATMKALd HP NIB CARE MK CAT NO JD6M MONTHLY $2,6M.00 ",610." $1,"3.00 3;363110 WEEKLY "10.00 $1,120.0 $2.29,4" {318,00 ONLY $280.00 $389.00 $103.10 $282.00 A CRAWLER TYPE TRACTOR, 10HP NANEINODEL CATD6N- XL -IMHP NIB WH CAT NO JD250 MONTHLY $5,200.00 ",2 4111.00 ",100.00 WEEKLY $1,760.00 $2,109." 31,"O.M MLY $00.00 A ".00 1"1.00 5 SCRAPER -11 CUBIC YDS MAKEIMODEL WH NIB WB CAT813 WB MONTHLY ","9.10 WEEKLY $2,"6.0 DAILY $210,00 6 SCRAPER. 17 CUBIC YOS WKEMODEL WH WB NR J01510C WB MONTHLY 1SA ".00 WEEKLY $:4911" DAILY ROLM T SCRAPER- 22CUBICYO$ MANNYODEL MIB NIB WB WB MONTHLY 111.126." WEEKLY "526.00 ONLY $1,107.00 9 CRAWLER TYPE TRACTOR, L.G.P., 10 HP WJ(HMOOEL CATpN1GP-1NNP NIB CARE "60 LOP CAT NO LOP JD7WfflNTRACK MONTHLY $8 $7,266.00 $9,094.00 $5,229.00 WEEKLY $2,1{.00 $2,420.00 $2.278.00 $1.40.0 ONLY $760.00 HIS "21.00 faN.00 9 DISC PLOWS .36 HINGE OFFSET MAKUNIODEL 16X" ME WB HIB MONTHLY $1,60.00 $2,"6.00 WEEKLY $106.10 $822.00 ONLY $195.00 $224.00 10 CRAWLER TYPE LOADER 1-1/2 YRD BKT, 80 HP NANHNOOEL " 40/9 NIB CAT 951 MB MONTHLY $21"6.00 WEEKLY $2,324.0 DAILY $690.00 11 WHEELED TYPE LOADER 1 -1Y2 YD BKT, N HP NAKFIMOOEL 92 G 4 YD -0H HP .0 VOLVO L" CAT 9720 CASE 610 MONTHLY $2,900.00 $400.{ $7,078.00 $1,261.00 WEEKLY $$TOO 1040.00 $2,10.00 "10.00 DAILY $326.00 NB $600.00 {14.00 12 PNEUMATIC ROLLER, 18 TONS, 9 WHEELS MAKHMODEL PD1N8 -tITON WB WH CATPS -1NB WB MONTHLY III'mm $5,3N.00 WEEKLY $690.00 61,611.00 ONLY 6330.00 $03.00 SOILCOMPACTOR, 13 VIBRATORY,PADDED DRUM, M' -26 TONS MAKFAIODEL CAT CPM]M " -26 TON NIB VOLVO NO 100F CATCPM3D ME MONTHLY ".340.00 $4.M.N $6,869.00 WEEKLY $1 " 61,702.0 DAILY {650.00 NB 606.00 SOIL COMPACTOR, 14 VIBRATORY, SMOOTH DRUM, " - -25 TONS MAKEMCOEL CAT CIRR - -35 TON WB VOLVO 61NF DYMWAC M20 NIB MONTHLY $3,000.00 ",000.00 $5.889.00 WEEKLY $1 $1,]]6.40 $1,202.00 DAILY $330.00 f NB $186.00 Vol. 1 �5 U Pg. 60 5 Vol. 13 o pg. 3b TYPE OF EQUIPMENT "MUSTANG RENTAL -R.B. EVERETT 6 CO. VOLVO TEXCON HMM SERWCES 16 ASPHALT RECYCLER, BOMAG MPH 100 OR EQUWALENT MANFIYOpEL WN TEREK fl6]60 WIRTOEN WR=IL R9 MONTHLY $10,60D.DD $16,000.00 $66,800.00 WEEKLY $6,000.00 WB $14,200.00 DULY $2.600.00 NIB $3.860.00 16 PULVER MLYER MAKEIUODEL RM3W SOIL STABIUZER TERE)( R6]Y WIRTGEN WRZOM. GT WH MONTHLY 58,686.00 NA".00 916,DNIN $27,2 0.0 WEEKLY 32,960.00 $2,836.00 N/B $6,810100 ONLY $996.00 $966.00 NIB $1,$62.00 17 WATER TRUCK, 1200 -2000 GALLON CAPACITY MANEIMOOEL KODIAK 2000 GAL POW SPRAY X/B FORD OR GNC 20000.4- INTERNATIONALNI00 LEDWEU_2000AL MONTHLY $2,000.00 $3.460.00 36,901.00 $1 WEEKLY $616.00 MIN $1,380.00 $76000 ONLY $260.00 NIB $268.00 $"1.N 18 MOTOR GRADER, 136 HP MANFM L ODET 1]SHP G33HA XIG LEE00Y IN 127 HP CAT 12K WB MONTHLY $ amm N."o $7 WEEKLY $1,62D.DD $2; +06.00 $1,620:00 ONLY $6N.0D -- -- NIB - -- $600.00 - 19 EXCAVATOR, 36 TONS 118 YARD BUCKET WItEI1gDEL WT 3=4.1320D XRI CMIE CI "I 37=1_ JD 2000R KOMATSU 200 MONTHLY $6,200.00 $6, 4180.00 $9,0 4.DD $6,303.00 WEEKLY $1 62 $2,))0.00 $1 ONLY Ilmom N1B "24." "TIN 20 SELF-0 OPELLED MECHANICAL BROOM MAI( MODEL BROCE CIUN) XIM 0 FT. BROCE BROOM RQEON BROCE WON) EROCE RIM MONTHLY 31,400.00 $1,80000 36,982.00 61, "600 WEEKLY $470.00 $600.00 91, ").00 $651.00 DAILY $170.00 $300.00 $367.00 $Mm 21 TAMPER MAKE - BONAG BIT VIBMTOR OR EQU MAKERIQ EL MO YTd6H91Yf)6119 XIE NIB MONTHLY $460.00 $686.00 $3,656.00 WEEKLY $160.00 $196.00 $896.00 ONLY $6000 $66.00 $242.00 22 CAT D6D(0R EQUIV) 10 HP CLEARING DOZER WIRAKE MONTHLY M.NN.N $6,691.00 $6,676.00 WEEKLY $2.800.0) W.M.0 $1.76200 UMLr swy.ae yreu.uu syae.uu RAMMAX(OR EQUIV) TRENCH COMP -WALK BEHIND MONTHLY $1,636.00 $1,600.00 $6, "6.00 3969.40 WEEKLY $80000 31,668.00 $323.00 $63000 DNLY $216.00 3200.00 $621.00 $66.00 24 RAMMAX(OR EQUIV) TRENCH COMPAEMOM -2033 MONTHLY $1,760.00 $1,80000 $6, "S.DD $969.00 WEEKLY $630.00 $600.00 $1 $323.00 DALY $216.00 $200.00 MIN SEEN 36 NR COMPR -185 CFM MAK.ODEL NRMAN I" CFM WIO HARES NIB SULLNRIOCFM INOERSOLL MND P185 IRP160WJD MONTHLY $690.00 3)66.40 $663.00 $306100 WEEKLY $200.00 $Mm $206.00 $103.00 ONLY $10.00 366.00 3647.00 $62.00 SKID STEER LOADER 26 (BOBCAT)dYD BUCK WRRACK MAKFJMOOEL CAT 217B"HP.6 YD XIE BOBCATT'" CAT BOECATTIN MONTHLY $1,800.00 $1,076.00 $6,637.00 $874,00 WEEKLY $600.00 $610.00 $1,633.00 63]].00 ONLY $300.00 $90.00 $639.00 $128.00 27 BUCN WM'M64 MAKFJIgDEL O A M ONTHLY $1,DN.NN $8)6.00 36,631.00 $702.0 WEEKLY u211.0 $376.00 $1,62200 $223.00 DNLY $160.00 $136.00 $638.00 393.00 28 RUBBER TIRE LOADER WOWAMER9- 10008IE MAKEILODEL CAT 618D W /100IN IE HIB VOLVO BLBO WI BflEANER CAIE 600 JD 310G MONTHLY 3],600.00 $3,06000 $7.482.00 $2,3"-00 WEEKLY S1,2D0.00 $1.360.00 $2,2 000 $t,ON.N DNLY 5600." 6660." $846.00 $"9.00 Vol. 13 o pg. 3b vot. 13 0 pg. 30-7 TYPE OF EQUIPMENT "MUSTANG RENTAL - R.B. EVERETTB CO. VOLVO TEXCON Hartz SERVICES 28 LOW GROUND PRESSURE TRACTOR 80 HP MANEIMOOEL CATWK-LGP4CHP- 1T.20M MIB CAGE$UK GT 056 XIB NK NTHLY 22,300.00 $3,700.011 51,682.00 WEEKLY 81,100.X0 $1,275.00 $2,287.00 ONLY $352.00 5626.00 3861.00 LOW GROUND PRESSURE TRACTOR 90HP NAKUMODEL OAT WK LGP 0611P UJAW NIB WE CAT NIB MONTHLY $3,610.00 S7,M2.00 WEEKLY $1,175.00 $2,282.00 MLY $395.00 S8W.00 31 SPECIALTY IDCAVATOR-LONG REACH 0, DEPTH MAKEIMOOEL CAT 3M25 LONG REACH. MR WB CAT NIB MONTHLY 19.600.00 515.200.67 WEEKLY $3,000.00 56,6X.67 ONLY X,999.G $1,X0.67 SPECIALTY EXCAVATORS 32 WRHUMBATTACH YANEIYOOEL CAT]2Ki WIHUYB WB CASECM10WITHUMB CAT313B JD 2M OR KOMATSU 300 YO TKLY $5,100.00 05,066.67 $11, MN $6,479N WEEKLY $1.200.00 01.666.67 SIMN $1,MOA0 DULY $670.00 NUB $1,0".67 SSM.67 33 PAVING BREAKERS -90 LB AIR OPERATED MAKEII60DEL N LBUTAR OPERATED WB ATLAS COPCO M9 CAT APT1M MONTHLY $220.0 $315.67 56X.67 $97.00 WEEKLY $90.00 NObAO 5270.67 $ 61.00 DNLY $30.00 $]SAO SUN 521.00 CUT -0FF B CONCRETE SAW x IC HAND HELD MAKEIMODEL STHL IC HAND SAW WB STHLT9b0 STH TSW MCWTHLY 5660.00 $Uom 0,636.67 $379.0 WEEKLY 3160.0 $16IN $1 $181.00 DAILY $60.00 SUN 1251A0 566.00 35 CUT -0FF 8 CONCRETE BAW - 13 HP PUSH MODEL MAKEIMODEL WB WB IMO 13 HP PRO66111 WB MONTHLY M75A0 X,625.67 WEEKLY M25A0 $1,2Mm DAILY $75.0 $349.00 X REACH UFT; Goa CAPACT YANFJMOOEL HARLO STRAIGHT MAST ROUGH WE GENIEM OAT GRADALL G"M MOMHLY $1,200.00 $I WININ 671763.0 WEEKLY 5659.90 X00.67 $I 34N 0700.67 OAILT 01G.00 $200.00 MMm $236.00 MINI EXCAVATOR; 10 HP, 6' 10 37 REACH MAKEMODEL CAT 301.6-18 HP 4'10" DEPTH xrB CASE CX27 CAT BOBCAT 322 MONTHLY $1,250.00 X,60.0 $5.02.0 $769.0 WEEKLY M20m MMm 51.631.00 MG.a GANT $160.00 Wa $375.0 $87.0 MINI EXCAVATOR; 30 HP, 9' 1 V 38 REACH YAKFJYODEL CAT 303 OHP -9't I" DEPTH WB VOLVO ECR35 CAT BOBCAT]31 MONTHLY $1,436.0 $1,65.0 X.623.00 0960.00 WEEKLY MG.a $195m stemm $333.00 MLY $1G.0 51X.67 X39.0 $113.00 39 EXCAVATOR; M TON, 270 HP YANFAMIOFl CAT 33M -270 HP WB CASE CX3X CAT NIB MONTHLY $7,900.00 $9,125.0 511,336.00 WEEKLY $2,750.00 5106.0 X.25.67 MLY 5920.00 N9 51107.0 a SPECIALTY 24 TON EXCAVATOR W1500 /HAMMER YAKEIMODEL CAT 3200 WI NOW NIB HUB CAT JD 200 OR KOMATSU 200 MONTHLY $13,000.00 fss,00.00 $8,268.00 WEEKLY X,]]6.00 $3,211.0 $3.30.00 MLY X,308.0 $2,03m $786.0 CRAWLER GOUGER; 2110 HP, 81 ST2UOMWITILTBLADE MAKERIODEL CAT DOT -XISM HP NM HOB CAT NIB MONTHLY $7,600.00 $11,616.00 WEEKLY S2, $36.00 X,630.0 MLY 57M'U0 51.111.0 35 TON AR DOFF -RD. 02 TRUCK UCK M ]O9 NP NUKFJYWEL CAT 72626 TONJ HP KID VOLVO CAT JD 2GD MONTHLY $8 X,20.0 $13,9X.0 X,883.00 WEEKLY X.2G.00 $3,0510 M.30A0 $2.X3.67 DAILY $1,096.G NO X,X20 $923.67 vot. 13 0 pg. 30-7 TYPE OF EQUIPMENT TELESCOPIC FORKLIFT; 9000A 4.3 W UI`T,]1'6' REACH NAKFAIODEL MONTHLY WEEKLY ONLY WELDER: UNCOLN SJ00" AMP. W COYPIETE SET MAKEMODEL MONTHLY WEEKLY DAILY ATTACHMENTS FOR SKID STEER AS LOADER 6. TY ANGLE BLADE MONTHLY WEEKLY ONLY b. COLD PLANER MONTHLY WEEKLY ONLY C. "'GRAPPLESUCKET MONTHLY WEEKLY ONLY d. GRAPPLE FORKS MONTHLY WEEKLY ONLY d. HYDRAULIC AUGER MONTHLY WEEKLY ONLY a BIT MONTHLY WEEKLY ONLY 9' BR MONTHLY WEEKLY ONLY IS 1r MT MONTHLY WEEKLY ONLY IN "' BIT MONTHLY WEEKLY ONLY v WEST MONTHLY WEEKLY MONTHLY A 1S AUGER EXTENS MONTHLY WEEKLY ONLY vll 40' AUGER EXTENSION MONTHLY WEEKLY ONLY I. SW O NYDRAULIC HANGER MONTHLY WEEKLY ONLY M. HYDRAULIC TRENCHER MONTHLY "MUSTANG RENTAL SERVICES CAT TL &]- BOOOYiT UFT $1,100.00 "00.00 $270.00 LINCOLN 1611800 COMPLETE 6196.00 5186.0 566.00 5760.00 $3".00 $86.00 52,3".00 $780.00 $280.00 $680.00 $190.00 686.00 $676.00 6226.00 576.0 "20.0 81 ".00 "T.00 "6." $29.00 $10.00 $86.00 $29.00 610.00 $130.00 11".00 $15.00 $170.00 8".00 $20.00 6200.00 $67.00 $23.00 "3.00 $14.00 $5.00 $1".00 9".00 815." $986.00 $]15.00 $106.00 NIB " "R.B. EVERETT & CO. MIB NIB X/B XIB N/B NIB HIS HIS NIB RIB 11/B NIB .0 xIB NIB N/B VOLVO GENIE 100610.1120 W REACH ".000.00 $1.000.00 S]SAW HIS RIB MR "76.00 $225.00 "6.00 RIB "76.00 smoo $76.00 NUB INS 3120.00 $20.0 $120.00 $60.00 $20.00 $n0.W 390.00 3]0.00 $4.00 AGO= $low XIB 411.11 31".11 NR n. uxWCAPE TRLER MONTHLY $1.060.00 NIB WEEKLY $3 63.00 ONLY $117.00 NIB Vol. 1 3 0 Pg, TE %CON CAT ".Vim $1.637.0 $611.0 ".0".00 $1.9".00 iw6.00 $"6.00 "33.00 $106.00 ".OM.CO $1,091.00 $310.00 5"7.11 61".11 $9900 fuv11 $94.00 $20.00 046.0 $210.00 $72.00 S4a.00 i21&0O "2.00 14&.00 32111.00 522.00 $643.11 $21&.0 "2.00 f4e.W $216.00 67100 MAASS SS1S.00 $72." 146.0, $211.00 0 $1,290.00 4]0.11 $,a m $1.290.11 420.11 $143.00 $1,6 ".00 "11.0, $170.0 3�8 Hob JLG G9� $1,911.00 $732.00 9191.99 LINCOLN K1283 WI LEADS $88.00 $61.00 94.00 we $9".00 $173.00 9".00 RIB INCL. IN BELOW PRICES "10.00 $1".00 "7.00 "10.00 21".00 "7.00 "10.00 $14.00 "7.00 "10.00 $14.00 967.00 410.00 111".4 "7.00 $14.00 $".00 $16.00 $14.00 $ ".Oo $16.00 $513.00 5179.00 47.00 $796." 11"7.00 St97.00 NIB - Mustang: Monthly- 1, 4, 9, 12, 13, 14, 16, 18, 19, 20, 21, 29 ,30,31,36,39,41,45a,b,d,h,i,j,1 Weekly- 9, 12, 13, 14, 16, 17, 18, 19, 20, 21, 29 ,30,31,34,36,39,41,45a,b,d,h,i j,l Dally-3, 9, 12, 14, 16, 18, 20, 21, 29, 30, 31, 34, 36 ,39,41,45a,b,d,1,11,11i,iv,h,i j,l R.B. Everett: Monthly, Weekly and Dally -15 Volvo: Monthly -2,35 Weekly- 1,2,18,34,35 Daily- 1,2,34,35 Texcon: Monthly- 5,6,7,10 Weekly - 5,6,7,10 Daily- 5,6,7,10,13 Hertz: Monthly- 3, 8, 11, 17, 22, 23, 24, 25, 26, 27, 28, 32, 33, 34, 37, 38, 40, 42, 43, 44, 45c ,d,i,ii,iii,iv,v,vi,vii,f,g,k,m Weekly-3, 4, 8, 11, 22, 23, 24, 25, 26, 27, 28, 32 ,33,37,38,40,42,43,44,45c,d,1, li,iii,iv,v,vi,vll,f,g,k,m Dally-4, 8, 11, 17, 19, 22, 23, 24, 25, 26, 27, 28 ,32,33,37,38,40,42,43,44,45c,d, iv,v,vi,vti,f,g,k,m Secondary Vendors Mustang: Monthly- 3, 8, 16, 17, 22, 23, 24, 25, 28, 33, 34, 37, 38, 40, 42, 43, 44 ,45c,d,i,ii,iii,iv,v,vi,vli,f,m Weekly- 1, 3, 4, 8, 16 ,25,28,33,37,38,40,43,44,46c,d, I,11,i II, Iv,v,vi,vii,f,m Dally- 1, 4, 8, 11, 13, 16, 17, 19, 25, 32, 33, 37, 38 ,40,42,43,44,45c,d,v,vi,vli,f,m R.B. Everett: Monthly, Weekly and Daily -16 Volvo: Monthly- 11, 13, 14 ,15,18,21,26,27,29,32,34,39,45k Weekly- 11, 13, 14, 20, 21 ,23,24,26,27,29,32,36,39,42,45k Daily- 20,21,23,24,26,27,28,29,36,45k Texcon: Monthly- 9, 12 ,30,31,35,41,45a,b,d,g,h,ij,l, Weekly- 9, 12, 15, 18, 22,30,31,35,41,45a,b,d,g,h,ij,l Dally- 6, 12, 14, 15, 18, 22, 30, 31,35,39,41,45a,b,d,iv,g,h,Ij,l Hertz: Monthly- 1,2,4,19,20,36, Weekly- 2,17,19,34, Daily-2,3,34,451,11,111 TYPE OF EQUIPMENT -- MUSTANG RENTAL -R.B. EVERETT a CO. VOLVO TEXCON HOr1z SERVICES I. W MATERIAL HANOUNO ARM MONTHLY $316.00 NIB WB MN.00 INS WEEKLY $105.00 5161.50 ONLY $36.00 SM.OD J. 65- MULT1-0URP. BUCNET MONTHLY $675.00 NIB WB $887.0 NIB WEEKLY $225.00 Sn6.00 ONLY $76.00 $99.00 k. 75M CAP. PALLET FORKS MONTHLY 5496.00 XIB 5155.00 $728.00 2105.00 WEEKLY $165.00 565.0 $363.00 $36.00 ONLY $66.00 $15.00 581.00 $16.90 I. 7T PICKAIP BROOM MONTHLY 51 259 WB $1,371.00 NIB WEEKLY $566.00 5657.00 ONLY $115.00 $15200 M. STUMPORINOER MONTHLY $1,600.00 NIB NIB 53.97.00 $600.00 WEENLY $500.0 "99.00 $260.00 ONLY 5180100 1 $333.00 $120.00 48 FREIGHTCNARGE PERROUNDTWP $1OPIWFAWAY 3350 E.L.WRY MWRTFOROVERIMHP In PER LOADED MILE IOO ROUND TRIP 47 DELIVERYCOMPLETION APPRODUNATE DAYS 48 ADDRESS B LOCATION NEAREST BRANCH OFF 1TSNNA...ELLPKWY 8211 RED BLUFF ROAD 1395 N. HARVEY MITCHELL PKWY 1707 ORAHAM W. 7T 715 S. BRYAN,tt 77807 PABAOENA. TA 77507 BRYAN,TS 7'802 COLLEGE STATION, Tx TN5 CONROE. TX 77MI 49 BILLABLE MILES 2MeF3 3MIMS 50 MINIMUM RENTAL 1 OAY 1 WEEK OVER 100 HP 'MY 1 MY 51 CHARGEFORRNNMYS xo NO YES NO YES 52 EMERGENCYRESPONSEBME .ITEI. 4T06HRS 1T02HRS ENDURE 1HOUR Tlew 6w.'U.M 0D IIMHWU.l SKIS Recommendation: Primary Vendors- Mustang: Monthly- 1, 4, 9, 12, 13, 14, 16, 18, 19, 20, 21, 29 ,30,31,36,39,41,45a,b,d,h,i,j,1 Weekly- 9, 12, 13, 14, 16, 17, 18, 19, 20, 21, 29 ,30,31,34,36,39,41,45a,b,d,h,i j,l Dally-3, 9, 12, 14, 16, 18, 20, 21, 29, 30, 31, 34, 36 ,39,41,45a,b,d,1,11,11i,iv,h,i j,l R.B. Everett: Monthly, Weekly and Dally -15 Volvo: Monthly -2,35 Weekly- 1,2,18,34,35 Daily- 1,2,34,35 Texcon: Monthly- 5,6,7,10 Weekly - 5,6,7,10 Daily- 5,6,7,10,13 Hertz: Monthly- 3, 8, 11, 17, 22, 23, 24, 25, 26, 27, 28, 32, 33, 34, 37, 38, 40, 42, 43, 44, 45c ,d,i,ii,iii,iv,v,vi,vii,f,g,k,m Weekly-3, 4, 8, 11, 22, 23, 24, 25, 26, 27, 28, 32 ,33,37,38,40,42,43,44,45c,d,1, li,iii,iv,v,vi,vll,f,g,k,m Dally-4, 8, 11, 17, 19, 22, 23, 24, 25, 26, 27, 28 ,32,33,37,38,40,42,43,44,45c,d, iv,v,vi,vti,f,g,k,m Secondary Vendors Mustang: Monthly- 3, 8, 16, 17, 22, 23, 24, 25, 28, 33, 34, 37, 38, 40, 42, 43, 44 ,45c,d,i,ii,iii,iv,v,vi,vli,f,m Weekly- 1, 3, 4, 8, 16 ,25,28,33,37,38,40,43,44,46c,d, I,11,i II, Iv,v,vi,vii,f,m Dally- 1, 4, 8, 11, 13, 16, 17, 19, 25, 32, 33, 37, 38 ,40,42,43,44,45c,d,v,vi,vli,f,m R.B. Everett: Monthly, Weekly and Daily -16 Volvo: Monthly- 11, 13, 14 ,15,18,21,26,27,29,32,34,39,45k Weekly- 11, 13, 14, 20, 21 ,23,24,26,27,29,32,36,39,42,45k Daily- 20,21,23,24,26,27,28,29,36,45k Texcon: Monthly- 9, 12 ,30,31,35,41,45a,b,d,g,h,ij,l, Weekly- 9, 12, 15, 18, 22,30,31,35,41,45a,b,d,g,h,ij,l Dally- 6, 12, 14, 15, 18, 22, 30, 31,35,39,41,45a,b,d,iv,g,h,Ij,l Hertz: Monthly- 1,2,4,19,20,36, Weekly- 2,17,19,34, Daily-2,3,34,451,11,111