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HomeMy WebLinkAbout2010-07-27-9:00AM-REGULARBRAZOSCOUN17Y BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 27 JULY 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 citizens' input and/or concerns. Consider and take action on agenda items 3 — 31: 3. Proclamation 10 -021 with the Cities of Bryan and College Station establishing 11 -13 August 2010 to be Texas Citizen Policy Academy Alumni Association Days. 4. Agreementwith McCreary, Veselka, Bragg & Allen, PC for the collection of delinquent hotel/motel occupancy taxes. 5. Texas Statewide Automated Victim Notification Service (SAVNS) maintenance grant contract for Fiscal Year 2011; term of agreement is 9/01/10 through 8/31/11. 6. Extension agreement with Delucia Mailing Service, extending the current agreement to 15 August 2010 to allow time for competitive bidding of a new contract. 7. Lease Agreement with Documation for a Ricoh MP 171 SPF All -in -one fax machine for County Court at Law #1. 8. Lease Agreement with Documation for a Ricoh MP 171 SPF All -in -one fax machine for Magistrate Court 1. Office of the County Judge 200 South Texas Ave. Suite 332 Bryan, an, Texas 77803 Fax: (979) 361 -4503 Vol. 13 � Pg. Commissioners Court Agenda 27 July 2010 Page 2 9. Authorization to release funds received on behalf of seven (7) area churches for shelter expenses related to Hurricane Ike in 2008. 10. Reclassification of the following position from a full time (40 hour week) position to a three - quarter (3/4) time (30 hour week) position. Deputy Clerk 1, Class 1311, Position 1, Group 10, Step 2. 11. Out of state travel request from the Sheriffs Office for Sheriffs Investigator Mike Welch to attend the 'Drug Enforcement for the Rural Patrol Officer' course in Meridian, Mississippi; dates of travel are 27 -30 July 2010. 12. Change Order on P.O. 10000106 to CME Testing & Engineering in the amount of $25,000.00 for the Expo Expansion. 13. Change Order to the contract with Greenway Constructors, Inc. for the Jail Expansion Project, adding $9,000.00 to the contract sum. 14. Requisition 00029994 in the amount of $5,850.00 to Troy Group, Inc. for the purchase of a Troy Printer for the Information Technology Department. 15. Capital Requisition 00030047 in the amount of $105.61 to Lowes Companies, Inc. for the purchase of construction supplies for the County Administration Building North Wing Project. 16. Capital Requisition 00030051 to Crawford Electric Supply and 00030052 to Elliott Electric Supply in the combined amount of $349.34 for the purchase of lighting supplies for the County Administration Building North Wing Project. 17. Capital Requisition 00030049 in the amount of $2,931.40 to Stanley Security Solution for the purchase of keys and hardware for the County Administration Building North Wing Project. 18. Replat of Lot 8 Prosperity Acres, Phase 1, 1.26 acres, volume 7051, page 101 (Brazos County Official Records), Maria Kegans survey, A -28, Brazos County, Texas. Site is located in Precinct 19. Request from The 7711 Corporation to place a temporary 3" poly waterline in the right of way of Elmo Weedon Road near its intersection with Steep Hollow Road; site is located in Precinct 2. 20. Request from Verizon Communications to construct three (3) 70' road bores for buried cable installations in the right of way of Chaco Canyon Dr., Anasazi Bluff and Palen Point (Indian Lakes subdivision) at the following locations: a. crossing Chaco Canyon Dr at its intersection with Anasazi Bluff; b. crossing Chaco Canyon Dr at its intersection with Anasazi Bluff; c. crossing Palen Point at lot line between address #3101 and 3151. Vol. y3 Pg. a Commissioners Court Agenda 27 July 2010 Page 3 21. Payment Authorization in the amount of $400.00 to Tarrant County Medical Examiner's Office for DNA testing performed on evidence in murder trial; a purchase order was not obtained in advance. 22. Payment Authorization in the amount of $2,619.44 to Crash Dynamics for testing performed on vehicles involved in a case; a purchase order was not obtained in advance. 23. Tax Refund Applications for the following a. Benjamin Rumbaugh e. La Botana Mexican Restaurant b. Dexter Thomas f. Theta Zeta of Chi Phi c. James D. Robison & Bertha L. Robison d. The Turquoise Trunk 24. Budget Amendment 09/10 — 41.1 thin 41.10. 25. Capital Manual Requisition in the amount of $186.75 to Web Supply for the purchase of a Iaundry cart for the Jail Expansion Project. 26. Capital Manual Requisition in the amount of $3,096.88 to Global Industrial for the purchase of nest and stack shelving for the Jail Expansion Project. 27. Capital Manual Requisition in the amount of $639.88 to Sherwin Williams for the purchase of paint supplies for the County Administration Building North Wing Project. 28. Capital Requisition 00030054 in the amount of $1,175.15 to Southwestern Paint & Wall for the purchase and installation of carpet for the County Administration Building North Wing Project. 29. Capital Manual Requisition in the amount of $581.54 for the purchase of various electrical supplies for the County Administration Building North Wing Project. 30. Personnel Change of Status. 31. Payment of Claims. 32. Announcement of interest items and possible future agenda topics. 33. Call for citizens' input and/or concerns. 34. Agency / Board / Committee reports by Court members. 35. Adjourn Vol. 13 � pg. 3 Commissioners Court Agenda 27 July 2010 Page 4 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 both judicial 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 shall 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 mles 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 puking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -0102. Vol. Pg• 4' COMMISSIONERS' COURT REGULAR MEETING JULY 27, 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, July 27, 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, Absent; 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 County Judge read aloud Proclamation #10 -021 designating August 11 through 13, 2010 to be Texas Citizen Police Academy Alumni Association Days throughout Brazos County. The Court joins with the cities of Bryan and College Station to extend their warmest hospitality and sincere thanks J Vol 3 Page Commissioners Court meeting July 27, 2010 2 to Texas Citizen Police Academy Alumni Association State Board of Directors, CPAAA members and law enforcement representatives as they meet in Bryan /College Station for the 2010 Texas Citizen Police Academy Alumni Association State Convention and Law Enforcement Training. The Court next considered an agreement with McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law (MVBA) for the collection of delinquent hotel /motel occupancy taxes. Cost to Brazos County will be 15 percent of all delinquent hotel /motel occupancy taxes, penalties and interest collected by the County on the accounts that have been referred to MVBA for collection. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the agreement and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was the Texas Statewide Automated Victim Notification Service (SAVNS) maintenance grant contract for Fiscal Year 2011. The term of the agreement is from September 1, 2010 through August 31, 2011. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the maintenance grant contract and authorized the County Judge to execute the document. A copy is attached. Vol M Page Commissioners Court meeting July 27, 2010 3 The Court proceeded to consider an extension agreement with Delucia Mailing Service, extending the current agreement to August 15, 2010 to allow time for competitive bidding of a new contract. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the extension agreement and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was a lease agreement with Documation for the lease of a Ricoh MP171 SPF all in one fax machine for County Court at Law I. The term of the lease is for 48 months at a cost $60 per month. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the lease agreement. The Court proceeded to consider the a lease agreement with Documation for the lease of a Ricoh MP171 SPF all in one fax machine for the office of Magistrate Court I. The term of the lease is for 48 months at a cost $60 per month. On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to approve the lease agreement. The Court next considered a request from the Emergency Management Office for the release of funds received on behalf of seven (7) area churches for shelter expenses related to Hurricane Ike in 2008. On motion by the County Judge, seconded Vol 131 Page 7 Commissioners Court meeting July 27, 2010 4 by Commissioner Peters, the Court voted unanimously to approve the release of funds. The next matter for consideration was a request from the County Clerk for the reclassification of the following position from a full time (40 hour week) position to a three quarter time (30 hour week) position. Deputy Clerk 1, Class 1311, position 1 Group 10, Step 2. The County Judge moved to approve the request. Commissioner Wassermann seconded the motion. Commissioners Wassermann, Mallard and the County Judge voted "Aye ". Commissioner Peters abstained. The motion carried. The next matter for consideration by the Court was a request submitted by Sheriff Chris Kirk seeking approval for out of state travel for Sheriff's Investigator Mike Welch to travel to Meridian, Mississippi to attend the "Drug Enforcement for the Rural Patrol Officer" seminar July 27th through July 30th 2010. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Sheriff and approved payment of out of state travel expense for Mr. Mike Welch. The Court considered a change order to PO #10000106 to CME Testing & Engineering for $25,000.00 on the Expo Expansion for additional testing. This will increase the Purchase Order Vol 130 Page F Commissioners Court meeting July 27, 2010 5 to $75,000.00. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the change order. The Court proceeded to consider a change order to the contract with Greenway Constructors, Inc. for the Jail Expansion Project adding $9,000.00 to the contract sum for additional consulting services. The change order will increase the contract amount to $271,000.00. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the change order. The next matter for consideration was requisition #00029994 in the amount of $5,550.00 to Troy Group, Inc. for the purchase of a Troy Printer for the Information Technology Department. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the requisition. The Court proceeded to consider the requisition #00030047 in the amount of $105.61 to Lowe's for the purchase of construction supplies for the north wing project in the Brazos County Administration Building. Commissioner mallard asked for an update on the north wing project. Carlos Guitron, Director of Building Maintenance gave the Court an update on the project. On motion by the County Judge, seconded by Vol M Page Commissioners Court meeting July 27, 2010 6 Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next considered requisitions #00030051 in the amount of $95.59 to Crawford Electric Supply and #00030052 in the amount of $253.75 to Elliott Electric Supply for the purchase of light fixtures and supplies for the north wing project of the Brazos County Administration Building. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the requisitions. The next matter for consideration was requisition #00030049 in the amount of $2,931.40 to Stanley Security Solution for the purchase of keys and hardware for the north wing project in the Brazos County Administration Building. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the requisition. The Court next considered approval of the Re -Plat of Lot 8 Prosperity Acres, Phase 1, 1.26 Acres in Precinct 3. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the Re -Plat of Lot 8 Prosperity Acres as submitted. Let the minutes reflect the Vol 3� Page I p Commissioners Court meeting July 27, 2010 7 correction to the agenda. The site is in Precinct 2 rather than 1. The Court next considered the request from the 7711 Corporation to place a temporary 3 inch poly water line in the right -of -way of Elmo Weedon Road near its intersection with Steep Hollow Road. The site is located in Precinct z. J'ne County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the request from the 7711 Corporation and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Verizon Communications to construct 3 road bores for buried cable installations in the right -of -way of Chaco Canyon Drive, Anasazi Bluff and Paleo Point in the Indian Lakes Subdivision. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Verizon Communications and authorized the installations. A copy of the request is attached hereto. The next matter for consideration was a payment Vol 13� Page I t Commissioners Court meeting July 27, 2010 8 authorization in the amount of $400.00 to the Tarrant County Medical Examiner's Officer for DNA testing done on evidence in a murder trial. A purchase order was not obtained in advance. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the payment authorization. The Court proceeded to consider a payment authorization in the amount of $2,619.44 to Crash Dynamics for work done on the vehicles involved in an Intoxication Assault Causing Serious Bodily Injury to Peace Officer /Firefighter /Ems Case. A purchase order was not obtained in advance. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Benjamin Rumbaugh, over payment $184.19 b. Dexter Thomas, over payment $131.12 c. James D. Robison & Bertha L. Robison, over payment $20.00 d. The Turquoise Trunk, over payment $12.71 e. La Botana Mexican Restaurant, over payment $13.24 f. Theta Zeta of Chi Phi, over payment $174.91, $15.79 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. Vol J 3�e Page 1 0'� Commissioners Court meeting July 27, 2010 9 The Court next considered Budget Amendment #09/10 -41.1 through 41.10 that would reallocate budget for Jail Expansion 2007 (2) , 272nd District Court, Constable Precinct 1, Constable Precinct 4 (2), Sheriff Administration, Hotel Occupancy Tax; transfer funds from Contingency to Constable Precinct 4. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment is attached. The Court proceeded to consider a capital requisition in the amount of $186.75 to Web Supply for the purchase of a laundry cart for the Jail Expansion Project. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the requisition. The next matter for consideration was a requisition in the amount of $3,096.88 to Global Industrial for a Nest and Stack Shelving System for the Jail Expansion Project. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the requisition. The Court next considered a manual requisition in the amount of $639.88 to Sherwin Williams for the purchase of paint supplies for the County Administration Building North Wing Project. On motion by Commissioner Peters, seconded by Vol 13� Page 13 Commissioners Court meeting July 27, 2010 10 Commissioner Mallard, the Court voted unanimously to approve the requisition. The Court proceeded to consider a capital requisition #00030054 in the amount of $1,175.15 to Southwestern Paint & Wall for the purchase and installation of carpet for the County Administration Building North Wing Project. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the capital requisition. The next matter for consideration was a requisition in the amount of $581.54 to Dealers Electric for the purchase of miscellaneous electrical supplies for the North Wing Project. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the requisition. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. Commissioner Wassermann moved to approve the change of status s submitted. Commissioner Mallard seconded the motion. Commissioners Wassermann, Mallard and the County Judge voted "Aye ". Commissioner Peters abstained. The Court next considered the following Claims as submitted by the County Treasurer for payment: Vol 131 Page Iq Commissioners Court meeting July 27, 2010 11 7076894 through 7077131 on motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. There were no announcements of interest items and possible future agenda topics. Under citizen input and /or concerns, the following spoke: Wayne Dicky, Jail Administrator a) There were 580 inmates in jail, 45 have electronic monitors and 45 are pending for monitors. 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 13� Page L5 The foregoing minutes of the Commissioners Court meeting held Julv 27, 2010 have been examined and are approved in open Court this the day of 2010, in Bryan, Brazos County,,,Texas. Count Lloyd Wassermann sserman - Commissioner, Precinct 1 Duane Peters Kenny Mallar Commissioner, Precinct 2 Commissioner, Precinct Irufa Lail ey Commissioner, eci ct 4 Attest: Kzir6n McQueen County Clerk Vol 3 Page BRAZOS COUNTY COMMISSIONERS COURT Meeting on �L�l��.��i _Q , 2010 -61 Name Organization / Department r c—,c v i k. c-aw, 0 r 8 cc s O PAGE —L of Z Vol.13Iv Pg,—_Ll_ BRAZOS COUNTY COMMISSIONERS COURT Meeting on d �-�2 ' ` Lw �i— a7 2010 @ Name Organization / Department 4— -�, (2.c. cL . OW-1 PAGE _Z of Vol. 3 pg (=__ MCCREARY, VESELKA, BRAGG & ALLEN, P.C. ATTORNEYS AT LAW P.O. Box 1269 Round Rock, Texas 78680 SHELBURNEJ.VUELKA ATTORNEY AT LAW July 16, 2010 Ms. Tina L. Snelling Assistant County Attorney Brazos County Courthouse 300 East 26th Street, Suite 325 Bryan, Texas 77803 -5327 -gq TELE.512- 323 -3225 FAx. 512 -323 -3205 Re: Representation for the Collection of Delinquent Hotel /Motel Occupancy Taxes Dear Ms. Snelling: We propose providing collection service for collection of any delinquent hotel /motel occupancy taxes due the County under the following terms and conditions: I. The County agrees to retain McCreary, Veselka, Bragg & Allen, P.C. ( "MVBA ") to enforce by suit or otherwise the collection of delinquent hotel /motel occupancy taxes, penalties and interest due to the County. MVBA will further advise the County on all matters relating to the collection of delinquent hotel /motel occupancy taxes. 2. The County may refer delinquent hotel /motel occupancy tax accounts to MVBA on a case by case basis as it deems necessary. The County agrees to furnish all necessary delinquent tax information to MVBA on any delinquent accounts referred by the County to MVBA for collection. 3. The County agrees to pay MVBA, for delinquent hotel /motel occupancy tax collection services rendered, Fifteen Percent (15 %) of all delinquent hotel /motel occupancy taxes, penalties and interest collected by the County on the accounts that have been referred to MVBA for collection. 4. Cost for filing and service fees, and the preparation of records required for review, litigation or appeal of any matter for representation hereunder will be the responsibility of the County, when approved in advance by the County Attorney. 5. This agreement may be cancelled by either party upon thirty (30) days written notice to the other. In the event, however, that MVBA is representing the County in a litigation and MVBA is not allowed by the Court to withdraw from representation in that litigation, this contract shall continue through the duration of that litigation for purposes of that litigation only. Vol. — Pg• L q Ms. Tina Snelling July 16, 2010 Page 2 of 2 Should you find these terms and conditions acceptable, please return a signed copy to me. Yours very truly, Shelburne J. Veselka,� AGREED TO: Tina Snelling, Assistant County Attorney County of Brazos, Texas Additionally, it is understood and agreed that MVBA shall request and with reasonable diligence obtain actual legal fees and court costs in all claims and petitions filed on behalf of Brazos County. n Ij RS TS V APPROVED: County Judge date Vol. Pg. C>[ -1 SAVNS MAINTENANCE GRANT CONTRACT THE OFFICE OF THE ATTORNEY GEN) AND BRAZOS COUNTY FOR THE STATE FISCAL YEAR 201 OAG Contract No. 1120484 THIS GRANT CONTRACT is executed between the Office of the Attorney General of Texas (OAG) and Brazos County (GRANTEE) for certain grant funds. The Office of the Attorney General and GRANTEE may be referred to in this contract individually as a "Party" and collectively as the "Parties." SECTION 1. PURPOSE OF THE CONTRACT The purpose of the OAG Statewide Automated Victim Notification Service (SAVNS) grant program is to maintain Texas counties in a statewide system that will provide relevant offender release information, notification of relevant court settings or events, promote public safety and support the rights of victims of crime. To accomplish the public purpose, the OAG will reimburse GRANTEE for certain cost incurred in the implementation and operation of its portion of the SAVNS. To ensure a standard statewide service to all interested counties, including GRANTEE, the OAG will reimburse GRANTEE for eligible expenses related to services delivered to GRANTEE by the vendor, certified by the OAG, to provide certain SAVNS services to the GRANTEE. The OAG published a Request for Proposals (RFP) for Statewide Automated Victim Services May 15, 2009. After an evaluation of proposals, the OAG identified and certified a single vendor to provide statewide automated victim notification services. The initial term of the Vendor Certification is from September 1, 2009 to August 31, 2011, with an option to extend up to an additional two years. The Vendor Certification includes a "Detail of Services ", containing a detail description of services to be provided by the Certified Vendor as well as the Pricing Model, all comprising the "Vendor Certification Documents" The vendor certified to provide the services is Appriss, Inc., ( "Certified Vendor"), a Kentucky corporation authorized to do business in Texas. SECTION 2. SERVICE PERIOD (TERM) OF THE CONTRACT 2.1 Service Period (Term). The Service Period (Tenn) of this contract shall commence on the later of September 1, 2010 or the date of the signature by the OAG executing this contract, (being the date shown on this contract as the date executed by OAG); and unless terminated earlier as provided by another provision of this contract, this contract will terminate August 31, 2011, 2.2 Option to Extend Service Period (Term). This contract may be extended for an additional Service Period (Term) by a written amendment executed with the same formalities as this contract. Extending the Service Period (Tenn) does not increase the contract amount. Any increase in the SAVNS Maintenance Grant (12 Months) FY 2011 Page 1 of 18 vol.- 31? Pg. ai contract amount must also be by written amendment executed with the same formalities as this contract. SECTION 3. GRANTEE'S CONTRACTUAL SERVICES 3.1. Grantee Services Agreement. GRANTEE will execute a "Services Agreement," a contractual agreement, with the Certified Vendor to provide services consistent with the Vendor Certification documents. The Services Agreement will include terms and conditions that are intended to provide the GRANTEE such rights and remedies as are necessary to ensure the delivery of the services from the Certified Vendor in accordance with the Scope of Services as stated in this contract and the Vendor Certification documents 3.2 Grantee Maintenance Plan. GRANTEE agrees to establish and follow a "Maintenance Plan ". The Maintenance Plan, at a minimum, will be designed to accomplish the following: make available offender information that is timely, accurate and relevant to support the SAVNS services; verify the Certified Vendor's performance according to Services Agreement; satisfactorily discharge GRANTEE's obligations as described in the Services Agreement; and identify and dedicate GRANTEE staff, resources and equipment necessary to maintain the SAVNS services in the Services Agreement. 3.3 GRANTEE Service Levels. In addition to other service levels that the GRANTEE may impose, GRANTEE will inspect, monitor and verify the performances required of the Certified Vendor. GRANTEE will inspect, monitor and verify the performances required of the Certified Vendor as provided in the Services Agreement as well as this contract. In particular, GRANTEE will execute a Services Agreement or a Service Agreement Renewal Notice with the Certified Vendor, for the Service Period (Term) of this contract; verify that the GRANTEE input data (the jail and court data elements used by the SAVNS system) is entered accurately and in a timely basis. The standard to define whether the data is timely and accurate should be determined by the GRANTEE; establish a SAVNS "Log" for GRANTEE to use for the purpose of recording all problems noted with the SAVNS system; to whom the problem was referred, and when the problem was resolved and allow on -site monitoring visits to be conducted by OAG or its authorized representative. 3.4 Cooperation with Statewide Stakeholders. GRANTEE will reasonably cooperate with and participate in Statewide Stakeholders meetings and efforts to monitor and improve the SAVNS services on a statewide basis. GRANTEE may reasonably agree to designate third - parties to assist the OAG, GRANTEE and the other Statewide Stakeholders, in the overall monitoring, inspection and verification of the Certified Vendor's performances. 3.5 Data Extract. To the extent permitted by law, GRANTEE agrees to provide the OAG with a copy of data transmitted by GRANTEE to the Certified Vendor. GRANTEE authorizes the Certified Vendor to directly provide such data to the OAG. The Parties agree that this data may be used to monitor GRANTEE performance and the Certified Vendor's performance. This data may be used for such other purposes allowed by law. The data will be provided in such electronic format (including, but not limited to, an XML extract) as requested by the OAG. 3.6 Scope of Services. For the purpose of this contract, the requirements, duties and obligations SAVNS Maintenance Grant (12 Months) FY 2011 Page 2 of 18 Vol. , Pg. 0?�' contained in Section 3 of this contract are collectively referred to as the "Scope of Services ". As a condition of reimbursement, GRANTEE agrees to faithfully, timely and in a good- and - workman-like manner implement and maintain the services in compliance with the Scope of Services. GRANTEE shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of its SAVNS program. SECTION 4. GRANTEE'S OBLIGATIONS AND REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with OAG. GRANTEE shall forward to the OAG, the applicable reports on forms as specified by the OAG. GRANTEE shall establish procedures to ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional reports or statistical information from GRANTEE. 4.1.2. Cooperation; Additional Information. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information, including but not limited to information relating to the services rendered by the Certified Vendor, may be required as requested by the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit within ten (10) business days notice to the OAG of any change of the following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to the contract. GRANTEE must submit a written request by the governing body on GRANTEE's letterhead, with original signature, to change an Authorized Official. GRANTEE, by an email, fax or GRANTEE letterhead signed by the Authorized Official, may request a change to the Grant Contact. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization. Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules; policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self - evaluation and /or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain financial management and control systems that include appropriate financial planning, including the development of budgets that adequately reflect SAVNS Maintenance Grant (12 Months) FY 2011 Page 3 of 18 Vol. i3(� pg. d-3 all functions and resources necessary to carry out authorized activities and the adequate determination of costs; financial management systems, including accurate and complete payroll, accounting, and financial reporting records; cost source docutnentation; effective internal and budgetary controls; determination of reasonableness, allocation of costs; and timely and appropriate audits and resolution of any findings; and annual financial statements, including statements of financial position, activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted Accounting Principles (GAAP) or other recognized accounting principle. 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records and other information relating to services provided in accordance with applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.2 Program Reports 4.2. GRANTEE shall cooperate fully in any fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports, contract or self - evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis. 4.3 Financial Matters 4.3.1 Annual Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the budget for the fiscal year and the allowable expenditures, as shown on Exhibit A. 4.3.2 Request for Reimbursement. OAG Grant funds are paid on a cost reimbursement basis. GRANTEE will submit a to the OAG a request for reimbursement for the actual and allowable allocable costs incurred by GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this contract. The request for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. 4.3.3 Limited Pre - Reimbursement Funding to GRANTEE. The OAG, may, at its sole discretion, provide limited pre - reimbursement funding for reimbursable expenses to GRANTEE. This limited funding is not preferred and may be allowed upon submission of the following written documentation supporting the request: a. A fully executed GRANTEE's Services Agreement Renewal Notice with the Certified Vendor for the time period covered by the pre - reimbursement funding request; b. An invoice from the Certified Vendor which includes the dates covered under the Maintenance Phase; C. A completed OAG form titled Verification of Continuing Production Record; d. An invoice to the OAG that complies with the requirements of the OAG Template Invoice; and e. A written justification explaining the need for pre- reimbursement funding. SAVNS Maintenance Grant (12 Months) FY 2011 Page 4 of 18 Vol. 13 � pg. a 4 The GRANTEE should submit an invoice to the OAG no sooner than forty -five (45) days and no later than thirty (30) days before the GRANTEE'S obligation to pay matures. The OAG will not provide pre - reimbursement funds any sooner than thirty (30) calendar days pri or to the payment becoming due and payable under the GRANTEE's Service Agreement with the Certified Vendor. The GRANTEE must pay the Certified Vendor within sixty (60) days of receiving the pre - reimbursement funding from the OAG. 4.3.4 Audit Reports and Other Documents. Unless otherwise noted on Exhibit C (Special Conditions), GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit — "timely" means on or before May 31, 2011, (and, if this contract is extended, on or before May 31, 2012 and May 31, 2013), for a grantee whose fiscal year ends on August 31 of each year; otherwise, the timely submission to the OAG is on or before nine (9) months after the end of GRANTEE's accounting year. GRANTEE will contract an independent CPA firm to perform an annual financial audit engagement. GRANTEE's independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of OMB Circular A -133 (audits of State, Local Government, and Non- Profit Organizations) and /or Texas Single Audit Circular (Single Audit or non - Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 One Time Submission of Invoice for Request for Reimbursement to the OAG. GRANTEE is responsible for submitting its invoice to the OAG in an accurate and timely manner. The OAG will make all reasonable efforts to promptly process and make payment on a properly completed invoice. Upon submission and approval of the GRANTEE's request for reimbursement, the GRANTEE will receive up to the full amount of "Total Grant Funds. Available" as noted in Exhibit A. Complete invoice submission instructions are described in the Texas SAVNS Program Request Procedures for FY 2011 Maintenance Expenses packet. The form of any invoice for reimbursement of expenses submitted must comply with such invoicing requirements and such detail and supporting documentation that the OAG may from time to time require. The OAG may from time to time require different or additional supporting documentation. 4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs incurred and paid by GRANTEE during the term of this contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs for GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this contract. 4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid grant funds under this contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE shalt refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. SAVNS Maintenance Grant (12 Months) FY 2011 Page 5 of 18 Vol. , Pg. a5 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment or assets, which is available to the OAG at all times upon request. GRANTEE will administer a program of maintenance, repair, and protection of equipment or assets under this contract so as to ensure the full availability and usefulness of such equipment or assets. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the proceeds to repair or replace said equipment or assets. To the extent that the OAG reimburses GRANTEE for its purchase of equipment and supplies with funds from this contract, GRANTEE agrees that upon termination of the contract, title to or ownership of all such purchased equipment and supplies, at the sole option of the OAG, shall remain with the OAG. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5. OBLIGATIONS OF THE OFFICE OF THE ATTORNEY GENERAL 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG for FY 11 is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. Any change to the maximum liability of the OAG must be supported by a written amendment to this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void, without first executing a written amendment to this contract and specifically amending this provision. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds as stated in the attached Exhibit A. 5.3 Reimbursement of Grantee Expenses. The OAG shall be liable to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The OAG is not obligated to pay unauthorized costs. In addition to other reasons, prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un- awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and /or adding new line items to any awarded budget category. SAVNS Maintenance Grant (12 Months) FY 2011 Page 6 of 18 Vol. � Pg. a 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this crisis. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt of grant funds (state and /or federal) appropriated to the OAG and such funds are sufficient to satisfy all of OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this contract or arising out of any performance pursuant to this contract. GRANTEE agrees that the grant funds, if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to the OAG for the purpose of this contract. SECTION 6. TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract in whole or in part, without recourse, liability or penalty, upon thirty (30) calendar days notice to the other party. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate all or any part of this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such termination or by it nature would be intended to be applicable following any such termination. The following tennis and conditions, (in addition to any others that could reasonable be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4; Section 7; Section 11; and Section 12. If the GRANTEE terminates for convenience under Section 6.1, or if the OAG terminates under Sections 61 or 6.2 before the purpose of this contract is accomplished, then the OAG may require the GRANTEE to refund all or some of the grant funds paid under this contract, for the funds representing the number of months of SAVNS services previously invoiced and paid by the OAG to the GRANTEE under this contract 6.4 Rights Upon Termination or Expiration. Upon termination or expiration of this contract, the OAG will not reimburse GRANTEE, if after the notice of termination or expiration of this contract, the GRANTEE thereafter receives services from the Certified Vendor and seeks reimbursement for that time period from the OAG. . 6.5 Notice to Certified Vendor. Any termination of this contract will also be forwarded by the SAVNS Maintenance Grant (12 Months) FY 2011 Page 7 of 18 Vol. 1- =—t-- Pg. 27 terminating party to the Certified Vendor. SECTION 7. RECORDS RETENTION AND ACCESS; AUDIT RIGIITS. 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records to support its charges, procedures, and performances to OAG for all work related to this Contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the OAG and auditors of the State of Texas, the United States, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention GRANTEE shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this contract, including but not limited to any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for updates to mission critical information, charges, procedures, and performances. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of the system by tracing the activities of individuals through the system. GRANTEE's automated systems must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. GRANTEE agrees that GRANTEE's failure to maintain adequate audit trails and corresponding documentation shall create a presumption that the services or performances were not performed. 7.4 Access. GRANTEE shall grant access to and make available copies of all data extracts described in Section 3.5, as well as all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract and the operation and management of GRANTEE to the OAG, the State of Texas, the United States, or such other persons or entities designated by OAG for the purposes of inspecting, auditing, or copying such items. All records, books, documents, accounting procedures, practices, and any other items, in whatever form or media, relevant to the performance of this contract shall be subject to examination or audit in accordance with all contract performances and duties, all applicable state and federal laws, regulations or directives, by the OAG, the State of Texas, the United States, or such other persons or entities designated by OAG. GRANTEE will direct any contractor to discharge GRANTEE's obligations to likewise permit access to, inspection of, and reproduction of all books and records of the subcontractor(s) that pertain to this contract. GRANTEE shall provide physical access, without prior notice, and shall direct any contractor and subcontractor to likewise grant physical access to all program delivery sites to representatives of the State of Texas and /or the OAG and its designees. SAVNS Maintenance Grant (12 Months) FY 2011 Page 8 of 18 Vol. 13� pg. 7.5 Location. Any audit of documents listed in Section 7.4 shall be conducted at the GRANTEE's principal place of business and /or the location(s) of the GRANTEE's operations during the GRANTEE's normal business hours and at the OAG's expense. GRANTEE shall provide to OAG and such auditors and inspectors as OAG may designate in writing, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office - related equipment and duplicating services as OAG or such auditors and inspectors may reasonably require to perform the audits described in this Section 7. SECTION 8. SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG may require submission of information via facsimile or in an electronic format, including via the intemet and/or a web -based data collection method. Unless otherwise indicated by the OAG in writing, the submission of information to the OAG will be by hard -copy to the addresses listed as follows: 8.1 Information, Excluding Invoices. All correspondence, reports or notices, except invoices, must be submitted to: Grants Management Office of the Attorney General Grants Administration Division, Mail Code 004 Post Office Box 12548 Austin, Texas 78711 -2548 8.2 Invoices. All invoices must be submitted to: Grants Financial Management Office of the Attorney General Grants Administration Division, Mail Code 004 Post Office Box 12548 Austin, Texas 78711 -2548 SECTION 9. CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and /or make modifications in business practices; reduce the contract amount; and /or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. SAVNS Maintenance Grant (12 Months) FY 2011 Page 9 of 18 Vol. 13ta Pg. ( 9.2 Financial Hold. Failure to comply with the terms of this contract may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withhold or suspend funding, offset previous reimbursements, require repayment, disallow claims for reimbursement, reduce funding, terminate this contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and /or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and /or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10. GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs, and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Govemtnent Code, Chapter, 783, as amended, GRANTEE agrees to comply with Uniform Grant Management Standards (UGMS), as promulgated by the Governor's Budget and Planning Office. GRANTEE agrees to comply with the applicable Office of Management and Budget (OMB) Circulars A -21, A -87, or A -122 relating to cost principles; OMB Circular 1 -110 relating to administrative Requirements; and OMB Circular 1 -133 relating to audit requirements. GRANTEE also shall comply with all applicable federal and state assurances contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart A, _14, State Assurances. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE, and follow OAG fiscal management policies and procedures in processing and submitting for reimbursement GRANTEE's billing and maintaining financial records related to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, offered to give, nor SAVNS Maintenance Grant (12 Months) FY 2011 Page 10 of 18 vol. 13� pg. 30 intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to their performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to their performance under this contract. 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. 10.6 Certifications and Assurances. Exhibit B, attached hereto and incorporated herein, and is applicable to this contract. GRANTEE agrees to strictly comply with the requirements and obligation described in Exhibit B. SECTION 11. SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE agrees that it is an independent contractor and under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of GRANTEE be considered a state employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG or the State of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that any contractor of GRANTEE performing services related to this contract will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE's contractors shall be considered to be solely the employees or agents of GRANTEE or GRANTEE's contractors. GRANTEE shall be responsible for ensuring that there is payment of any and all appropriate payments, such as unemployment, workers compensation, social security, and other payroll taxes for such persons, including any related assessments or contributions required by law. To the extent allowed by law, GRANTEE or GRANTEE's contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation, taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties; further, to the extent allowed by law, that GRANTEE and /or GRANTEE's contractors will indemnify and hold harmless the OAG and /or the State of Texas from and against any and all claims arising out of the actions or performance of GRANTEE or GRANTEE's contractors under this SAVNS Maintenance Grant (12 Months) FY 2011 Page 11 of 18 Vol. 13� pg. 311 contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of the GRANTEE, its employees, representatives, agents, or GRANTEE's contractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining the written consent from the OAG. This section is not intended and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and /or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty -free, non - exclusive, and irrevocable license which is hereby reserved by the OAG and GRANTEE hereby grants to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of such intellectual property made the subject of this contract. 11.4 Program Income. Gross income directly generated from the OVAG grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which. it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. 11.8 No Grants to Certain Organizations. Consistent with the OAG's Appropriation, Rider 12, in S.B. No. 1, Article 1, Victims Assistance Grants, 81st Leg. Reg. Sess. (2009), GRANTEE confirms SAVNS Maintenance Grant (12 Months) FY 2011 Page 12 of 18 V0 1. Pg._3_ 2 that by executing this contract that it does not make contributions to campaigns for elective office or endorse candidates. 11.9 No Waiver of Sovereign Immunity. To the extent allowed by law, the Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.10 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, and to the extent allowed by law, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation') arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and /or defending such litigation. To the extent allowed by law, GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above -named courts, the suit, action or proceeding is brought in an inconvenient forum and /or the venue is improper. SECTION 12. CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including All Exhibits This contract, including Exhibits A and B, reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. Exhibit A and B are attached and incorporated herein. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including Exhibits A and B. 12:3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. SAVNS Maintenance Grant (12 Months) FY 2011 Page 13 of 18 vol. 13 Pg. 33 12.5 Non - waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6. Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY GENERAL Attorney General or designee Printed Name Date: SAVNS Maintenance Grant (12 Mondu) FY 2011 Page 14 of 18 Vol. 1 3 te pg. Date: /).4226D EXHIBIT A SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY FOR THE STATE FISCAL YEAR 2011 OAG Contract No. 1120484 Population Size: Large The OAG will reimburse GRANTEE for allowable SAVNS expenditures as follows: Limitation of Liability of the OAG. The total liability of the OAG to GRANTEE for any type of liability directly or indirectly arising out of this contract and in consideration of GRANTEE'S full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement by the OAG to the GRANTEE for expenses, if any, as set forth in this contract or arising out of any performance herein shall not exceed: THIRTY THOUSAND SEVEN HUNDRED TEN and NO 1100 ($30,710) Maximum Number of Months. The maximum number of months is provided above. If this contract does not commence before September 1, 2010, then the portion of any partial month thereafter will be a prorated amount of the monthly amount as determined by the OAG. The OAG is not obligated to pay for services prior to the commencement or after the termination of this contract. SAVNS Maintenance Grant (12 Months) FY 2011 Page 15 of 18 r Vol. Pg. Maximum Total Grant Funds Event Cost for Jail Cost for Courts Number of SHALL NOT Months EXCEED Standard Maintenance $26,333 $ 4,377 12 $30,710 Phase Limitation of Liability of the OAG. The total liability of the OAG to GRANTEE for any type of liability directly or indirectly arising out of this contract and in consideration of GRANTEE'S full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement by the OAG to the GRANTEE for expenses, if any, as set forth in this contract or arising out of any performance herein shall not exceed: THIRTY THOUSAND SEVEN HUNDRED TEN and NO 1100 ($30,710) Maximum Number of Months. The maximum number of months is provided above. If this contract does not commence before September 1, 2010, then the portion of any partial month thereafter will be a prorated amount of the monthly amount as determined by the OAG. The OAG is not obligated to pay for services prior to the commencement or after the termination of this contract. SAVNS Maintenance Grant (12 Months) FY 2011 Page 15 of 18 r Vol. Pg. EXHIBIT B SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY FOR THE STATE FISCAL YEAR 2011 OAG Contract No. 1120484 The Uniform Grant Management Standards ( "UGMS "), Part III, Section _.14; Promulgated by the Office of the Governor, State of Texas, Establish the following assurances applicable to recipients of state grant funds: (1) GRANTEE must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) GRANTEE must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. (3) GRANTEE must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4) GRANTEE must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. (5) No health and human services agency or public safety or law enforcement agency may contract with or issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (6) GRANTEE that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. (7) When incorporated into a grant award or contract, the standard assurances become terms or conditions for receipt of grant funds. GRANTEE shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. 8) GRANTEE must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child SAVNS Maintenance Grant (12 Months) FY 2011 Page 16 of 18 Vol. 3 Pg. Protective and Regulatory Services. GRANTEE shall also ensure that all program personnel are properly trained and aware of this requirement. (9) GRANTEE will comply with all federal statutes relating to nondiscrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and Q) the requirements of any other nondiscrimination statute(s) which may apply to the application. (10) RANTEE, as applicable, will comply, with the provisions of the Davis -Bacon Act (40 U.S.C. § § 276a to 276a -7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327 -333), regarding labor standards for federally assisted construction sub agreements. (11) GRANTEE, as applicable, will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. (12) GRANTEE will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321 -29) which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. (13) GRANTEE will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (14) GRANTEE, as applicable, will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). (15) GRANTEE, as applicable, will comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234. Section 102 (a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. (16) GRANTEE, as applicable, will comply with environmental standards which may be prescribed pursuant SAVNS Maintenance Grant (12 Months) FY 2011 Page 17 of 18 Vol. 13 J(e Pg.,7 to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). (17) GRANTEE, as applicable, will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (1 8) GRANTEE, as applicable, will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). (19) GRANTEE, as applicable, will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (20) GRANTEE, as applicable, will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residential structures. (21) GRANTEE, as applicable, will comply with Public Law 103 -277, also known as the Pro - Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) GRANTEE, as applicable, will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. (23) GRANTEE, as applicable, will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. (24) GRANTEE, as a signatory party to the grant contract, must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. (25) GRANTEE must adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. SAVNS Maintenance Grant (12 Months) FY 2011 Page 18 of 18 Vol. S Brazos County Purchasing Department 200 S. TX. AVE., STE. 352 BRYAN, TX 77803 PHONE (979) 361 -4292 FAX (979) 361 -4293 Pat Howard, Purchasing Agent Leslie Williams, Senior Buyer Wm. Charles Wendt, Assistant Purchasing Agent Amanda Rutledge, Buyer EXTENSION AGREEMENT By signing herewith, I acknowledge and agree to renew the Contract for Mail Services, in accordance with all terms and conditions previously agreed to and accepted. The term of this Extension is from August 1, 2010 through August 15, 2010. I understand this agreement will be in effect upon approval by Commissioner's Court. DELUCIA MAILING SERVICE Au oriz d Signature BRAZOSCOUNTY Date 212 9 ItD Date Vol. �J Pg._. ?_7 RENTOR: DOCUMATION, Inc .: +.s '��a•V C. Offices San Antonio - Austin • Bryan /College Station Kerrville • The Woodlands • DelleslFl Worth • Waco dusiness Tiewiiiaingy ftegm06n.. Sgg -201 -8431 DOCUMANAGE RENTAL MASTER AGREEMENT Ef +i Monthly 0 Copier Engine Consumable Supplies Included unless 011hmw4se Indicated. Excludes Throughput Stocks. Excludes Fax Supplies S, Service, Staples Included. THIS AGREEMENT CANNOT BE TERMINATED EARLY. I Joe Carver Fax undersigned on ... dlli.re ly Jolnlly, and sensually, and personally guarantee prompt payment of all the Customses obligations. The Rentor is not required to proceed against the Customer or too other remedies before proceeding against mains. Uwe waive notice of acceptance and all other notice, or demand starry kind to which Uwe maybe entitled. Uwe consent to any extensions igcalion granted Is the Customer and the release and/or compromise of any abiigation. of the Customerur any other guarantors without releasing mehw from my /aurob9ga[rons. "Islas iroing guaranty and will remain in effect in the event of my /our death and may be enforced by offs, the benefit of any assignee or successor of the Renter, i/weagme ail Judsdfctionandcosts bursements as stated in the terms and conditions on the reverse also apply to me /us. put In use, is in good worklog order and is satisfactary. All conditions and terms of Nis agreement have been reelewed, acknowledged and are now irtevocabie and Vol. UL— Pg•-- --- DOCUmanage RENTAL MASTER AGREEMENT TERMS and CONDITIONS 1.Ownership and Use of System: Renbris the sole owner and title holder to the'Systeny. The-SysloW Shall as defined as as hardwire end software included on the DOCUmanage Rental Agreement. Customer agrees to keep me System and associated products free end clear of all bens and daims. Customer agrees Met the System and associated products WU be used Solely fa business W Moses and not fW cansurner purposes or personal use and that the Customers location is a business address. 2. Rant: Monthly paymords wig begin on the Commencement dale, unless subject to toms covered under The Software Management Agreement Mdendum. The Customer agrees to pay Rerdor the rental payment which Includes the minimum base image allowance when due. The Customer also agrees to pay a charge for each Image in excess of the image allowance. The hotel payment and the large for overages ere as indicated on [he first page of his Agreement. If any payment is move than tan data late, the Customer agrees to pay a penally of up 10150A 529 (whichever is greeter) an Me overtire amount, lot not to exceed the maximum amount allowed by law. The Customer also agrees to pay $35 for each dadt that the Mine returns far Insufficient funds or any other reason At the end of the first year of this Agreemet, and once each..... twelve monN period Shanahan. Rator may I... MIS base rental payment and the excess images charge by an amount not to exceed 60A. The Customer's obligation b Pay the rerdal p nymwgs and its other obligations hereunder is .1onluts ant unconditional and is not subject to cancetlalion, reduction, setoff or countercdam. THIS AGREEMENT IS NON-CANCELABLE- 3. Excess Images: Customer wig submit true and accurate Station molar readings to ReMor far be System by the and of the Second work day of each Lillhg period In any r"..Us manner requested by RetW. Including an automated collection system. If Customer fails to submit meter readings, Rector may estimate motors and generate Invoking based uporn has estimated meta readings. 4. Term and Trensither Billing: This Agreement is binding upon Cuswmeron the data Customer signs the Agreement. The Agreement k effective an the date Customer signs the Delivery end Acceptance (Effective Date'). Tie term of Me Agreement begins on date designated by us after receipt Mall required documentalipn and acceplance by us ('Commencement Date) ant continues for the number amonths designated as -Term' on the first page a MIS Agreement Customer agrees In Pay an htenm fantal payment In Me amount M 1/30 athe moerly rental payment, for each day from and including 00 Effective Dale until Me day preceding Me Commencement Dale, S. Upgrade and Downgrade Provision: Rentor may review your Image volume and propose options for upgrading Or downgrading W accommodate your needs. 6. Taxes and Pan; The is a net agreement. In addition to rent, the Customer agrees to pay all faxes, fees, and filing costs related to Me use of the System, even billed after the end of Me Agreement Bangor wit file property tax ratans and! big the Customer as soon as an invoice from the local junsi idon Is received. Rate has des option to estimate any taxes due for the year and big the Customer monthly In advance an the bans a that estimate. The Customer agrees Nat N ReMor pays any Wes or charges an the Customers behalf. Customer will reimburse Rector for 0 such payment. and will pay RetW a fee far colledirp and adMnlstering any taxes, assessments or fees and mingling them to the appropriate aulhoriies. The Customerwill indemnify Renlor an an aflerHax basis against the loss of act ter brow is anticipated at he Commencement Date arising oul athe Customers acts or omissions. Arty fee charged under his agreement may Include a pMd. 7. UCC Filing: The Customer avthonzes Behar or its assignee to sign any doorments in connection with Me Uniform Commercial Cade ( -UCO') on the Customers behalf. The Customer aunerizes Recto to lunch the aerial number(s) of file System In this Agreement (including any schedules) and in any flings. In Older to protect our rights in Me System, Customer grants the Rentor a secunly irderesl in the System N this Agreement is deemed a Second transaction and Customer eulhoizes Rentor to record a UCC -1 financing statement or simiia instrument, and appoint Renter as its altomey -in -fad to execute and deliver such imimment in order to show Retors interest in the System. B. Collateral Protection, Liability and Insurance: The Customer is responsob far any losses or iryury caused by the System no Customer promises to keep Me System fully insured against loss and the Agreement is pad in full and maintain Insurance Nat protects Renter from liability for any damage or injury caused by the System or its use. The Customer promises to provide Renlw with evidence of the insurance, showing Re rlar as the loss payee for Me full replacement value of [be System and additional insured for public liability and Nird party, property insurance, upon request If Customer falls to provide Such evidence, Me Customer authorities Renlor to obtain coverage on their behalf. ROntor shag have the rgM but nil the obligation, to obtain Insurance on behalf of Cuslorear and charge the Customer roc acquiring and makneudng his coverage plus a service fee, "should you wish us to waive this requirement we will Its you and you will pay a monhly property damage surcharge of W to .00a5 of to tonal payment dream. Win either option Rentor may make a profit. ReMor may file Balms and andorse bergamot checks on fine Customers transit. e. indemnky: After installation, ReMor is cot responsible fa any bases or injuries caused by the use or, possession of the System. Customer agrees to hold Recto harmless and reimburse ReMor for loss and to defend Renlor against any claim for lessen or Injury caused by the System This Indemnity obligation wig continue &her she lormiration of this Agreement N the loss w Injury assured during the term of the Agreement. Tire Customer agrees to reimbum , Rentor far and defend Recto against any dams, f" losses or injuries caused by the System, unless such bases W Injuries are caused by the gross negligence or willful misconduct of Rant ". 10, Malntenanco art Care of Rentoes System: The Customer agrees to install, use and maintain Me System In accordance with the dealer specificatiom and use only those supplies supplied or approved by The Dealer which meet manufacturer spedgctions Customer agrees to maintain ft System in good working condition, eligible far manufacturer'S certification, normal wear and tear excepted. Maintenance, provided by Me Dealer, Is Induced for the fisted System. Maintenance hwludes, and is limited b; pads repair or replacement and associated labor, for service required as a result of normal wear end tear. Supplies, excluding throughput stoda and staples are included unless otherwise indicated. Work associated win Customers Information Technologies rot listed on this Agreement, including but not limited to Scheme. Computers, Data Files and Network is rat covered by Ne Rector, and is billable to Customer. Raptor is not respanside for any damage to Customers Information Technology Systemn. Customer is responsible for S4 Software Agreements and ReMor is not a party to any sudn licandrg, but wit Include such software as pan of the Rental Agreement In Accordance with his agreement, within 10 tlays of he expireltan Or Seniortermvation, for whatever reason, of the Agreement Customer will deliver rho System to Rent« in good condition and repair, except for normal wear and tear. 11. Location of System: The Customer will keep the System at the location Specified In this Agreement. The Customer must obtain Rohl written permission to move the System. The Customer will Same Raclin or its agents to impact the System at any reasonable time wherever H Is located. 12. Assignment: THE CUSTOMER HAS NO RIGHT TO SELL, TRANSFER, ENCUMBER, SUBLET OR ASSIGN THE SYSTEM OR THIS AGREEMENT. Renter may sell, transfer W awlgn We Agreement end if Rant. doss, the hew omen will haves the same rights and benefits Rector has and will out have to perform any a'Rent&e obligations. Rentor wig retain goose obligations and Customer agrees Nat the rights of the assignee will not be subject to any claims, defenses or setoffs the customer may have against the ReMor. 13. Waryanties: WARRANTY DISCLAIMER. RENTOR MAKES NO WARRANTY EXPRESS OR IMPLIED, INCLUO WG THAT THE SYSTEM IS FIT FOR A PARTICULAR PURPOSE OR THAT THE SYSTEM IS MERCHANTABLE. RENTOR TRANSFERS TO CUSTOMER ANY WRITTEN WARRANTIES MADE BY THE VARIOUS MANUFACTURERS REPRESENTED IN THIS AGREEMENT, CUSTOMER AGREES CUSTOMER HAS SELECTED THE SUPPLIER AND EACH ITEM OF SYSTEM AND ASSOCIATED PRODUCTS BASED UPON ITS OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON PLAY ORAL STATEMENTS OR REPRESENTATIONS MADE BY RENTORS. 14. Default and Romedlec: The Customer will be in defat4l if any of fie C.I. does not pay any amount to Rector Will Ian (10) days of wh Customer baechea any Cher term of Ws agroemerd, and Such breach day. after Renlor has ns iled Customer of such default fig) Customer o of or substantially all of its assets, or (v) Customer makes creditors or vosanterily file or have filed against It an action b) demand that the Customer pay the remaining bdancO of the Agreement and return the System to Rector IS the Customer's expense; c) repossess the System or d) exercise any other remedy available W law or equity. At Rectors option, we may repossess the System. Customer waives any rights Customer may have to notice before Rent" seizes any of the System end waives any requirement that Rotor post a bond in connection with any such ..a. ar repoasmslon. In addton, N the Customer breaks any Promise h Me Agreement, Renor can use any remedies aa0able to ReMor under the UCC or any other applicable law. The Customer prombea to pay Raptors masonable, attorney fees and any cost associated wish enforcement of this Agreement. This action will not void the Customers responsibility to maintain and use for the System, nor will RENTOR be table f" any acion taken on any assigned p"ty'a behalf. 15. Business Agreement and Choice of Law: THE CUSTOMER AGREES THAT THIS AGREEMENT WILL BE GOVERNED UNDER THE APPLICABLE LAW FOR THE STATE IN WHICH RELATOR OR ASSIGNEE HAS ITS HOME OFFICE. RENTOR OR ASSIGNEE HAS THE OPTION OF PURSUING ANY ACTION UNDER THIS AGREEMENT IN ANY COURT OF COMPETENT JURISDICTION AND THE CUSTOMER CONSENTS TO JURISDICTION AND VENUE IN THE STATE OF OUR OR OUR ASSIGNEE'S CHOICE. RENTOR OR ASSIGNEE AND CUSTOMER WAIVE THE RIGHT TO A TRW. BY JURY IN THE EVENT OF A LAWSUIT. 16L Renewal and Return of System: After the Minimum Term, as defined by the Rental Agreement and any wrillen extension thereof, this Agreement will automatically renew an e twelve (12) month basis utess the Customer haggles ReMW In Wiling not less Nan W days prig to the expiration of the Minimum Term or extension of its intention to return the System. Provided the Customer has given woh timely notice, it shall return the System, freight and Insurance prepaid, to Renlor in good repair aondilion and working order, Ordinary wear and bear excepted, In a manner and to a location designated by Renton. The Customer must pay any additional renss due until the System is received n good working condition by Renlor or Its carrots. 17. Other Rights: The Customer agree. that Reoll delay, or feure to exercise any Nine, dons not prevent Rentor from axemising them at a later tune. If any part of loss Agreement is found to be Invalid, than N shall cwt invalidate any of the other pads and the agreement shall be modified to the mhmum shat as permlNed by law. Purchase Orders "any other type of Ordering document will not modify Or affed the Agreement, nor will any Such document lava any legal effect and wW only serve for the purpose of Identifying me System and associated seMm. ordered by the Customer. 1s. UCC -2A Rovielonc: Custom. agrees Nat Renlor may use nary ant e0 Of Me remedies available through law. Customer also wolves any and if rights and remedies granted to Customer under Sections 2A-506 through 2!622 of the UCC. 19. Broke Agreement: This Agreement represents the entire Agreement between Renter and IN Customer regarding the financing of the System. Neither Renlor car the Customer will be bound by any amendment waiver or other change unless agreed b h writing and signed by bdh panes. 20, MISCELLANEOUS: Any charge In any of the terms and conditions of this Rental Agreement must be In writing and signed by Ranks, Customer agrees, however, mat Rentor is ai morixed, wmuut notice to Customs , to supply missing Information or coma obvious arms in this Agreement. A fax version of Customers signature on We Agreement when resolved by Renlor shall be binding upon Cusbmar as if Originally signed. However, INS Agreement shall be noun, on Rentor when signed by Renton Both Customer and Rentor agree mat the verdon of this Agreement with Rentor's Original signature shall constitute the original eNhontalive version. Vol. Rev. 5/12/2009 RENTOR: DOCUMATION OF EAST TEXAS, JNC. 4700 Elmo Weedon Rd., Suite 100 College 5 TX T. 0 97 T. 979,731.850.8500 New Ideas, New Solutions. F. 979,731.8588 DOCUINANAGE RENTAL AGREEMENT ADDENDUM to the RENTAL AGREEMENT originally signed by Customer on /_/ with a Rental Payment of 1. CUSTOMER COVENANTS. Customer covenants and warrants: A. It has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the payments scheduled to come due and to meet its other obligations under the Agreement and such funds have not been expended for other purposes; and B. There is no action, suit, proceeding or investigation pending, or threatened in any court or other tribunal or-competent jurisdiction, state or federal or before any public board or body, which in any way would (a) restrain or enjoin the delivery of the Agreement or the ability of the Customer to make its Base Payments (as set out above); (b) contest or affect the authority for the execution or delivery of, or the validity of, the Agreement; or (c) contest the existence and powers of the Customer; nor is there any basis for any such action, suit, proceeding or investigation; and C. The equipment will be operated and controlled by the Customer and will be used for essential government purposes and will be essential for the term of the Agreement. D. Customer has not previously terminated a agreement for non - appropriation, except as specifically described in a letter appended hereto. 2. NON APPROPRIATION. In the event Customer is in default under the Agreement because: A. Funds are not appropriated for a fiscal period subsequent to the one in which the Agreement was entered into which are sufficient to satisfy all of Customer's obligations under the Agreement during said fiscal period. B. Such non - appropriation did not result from any act or failure to act of customer. C. Customer has exhausted all funds legally available for all payment due under the Agreement. D. There is no other legal procedure by which payment can be made to Rentor. Then, provided that Customer has given Rentor written notice of the occurrence of paragraph 1, above thirty (30) days prior to such occurrence; Rentor has received a written opinion from Customer's counsel verifying the same within ten (10) days thereafter; and the Customer does not directly or indirectly purchase, rent or in any way acquire any services or equipment supplied or provided for hereunder; upon receipt of the equipment delivered to a location designated by Rentor, at Customer's expense, Rentor's remedies for such default shall be to terminate the Agreement at the end of the fiscal period during which notice Is given; retain the advance payments, if any; and /or sell, dispose of, hold, use or rent the equipment as Rentor in its sofe discretion may desire, without any duty to account to Customer. 3. SIGNATURES. Each signor (two if monthly payment exceeds $1,200.00) warrants that he /she is fully conversant with the governing relevant legal and regulatory provisions and has full power and authorization to bind Customer. Signor(s) for Customer further warrant(s) its governing body has taken the necessary steps; including any legal bid requirements, under applicable law to arrange for acquisition of the Equipment; the approval and execution has been in accordance with all applicable open meeting laws; and that a resolution of the governing body of Customer authorizing execution of the Agreement has been duly adopted and remains in full force and effect. CUSTOMER Entity Name: �(� S • Entty Name: By (Please Print): ) By (Please Print): signature: signature: Title: Ikdln Title: Date: � � Q Vol. Pg.a tis s� �r RENTOR: DOCUMATiON, Inc. Offices 330 A San Antonio • Austin • Bryan /College Station Kerrville • The Woodlands • Dallas /Ft Worth • Waco i-BBS -201 -8431 Business TechnohVy Integration:, DOCUMANAGE RENTAL MASTERAGREEMENT Copier Fngim Consumable Supplies Included Unless Otherwise Indicated. Excludes Throughput Stocks. Excludes Fax Supplies S Service. Staples Included BLACK Supplies Included []No COLOR Supplies Included ❑ No Anne MENT NUM a All amounts exelusix.of anelicable Was. SALES REPR"ENTATME o 1 THIS AGREEMENT CANNOT BE TERMINATED EARLY. I Joe Carver Tema and Conditions an reverse side. Other Agreed Upon Addendum(s) Include: Fax LI email Inc. red uneondtlooallyjointly, and severally, and personally guarantee prompt payment of all are Customers obligations. The Ranter is not required to proceed aganstlhe Customerar remedies before procaadng against mebus. Uwe waive notice M acceptance anti all aNer notices or demand of any kind to which Uwe may be entitled. Uwe consent to any extenslom, immod to the Customer and the release sector compromise of any obligations of the Customer or any other guarentma without releasing rearm from my /our obligations. This is seamy and will remain In affect in the event of my /our death and may be oMorced by orfortho benefit of any assignee or successor of the Ranter. Uwe agree ell jurisdiction and costa da as Sidled in the burns and corld{gons on the revem also apply to m0us. has been received, put In use, is in good working ender and is satisfactory. All conditions and terms of this agreement have been m braved, ackrawledgad and are now irrevocable and Vol. Pg' 13 DOCUmanage RENTAL MASTER AGREEMENT TERMS and CONDITIONS 1.O memhlp and Use of System: Neer" Is the sole owman and falls Muter to (be 'Systsm'. The'Syctam'san be defined as at hardware and software Included an ono DOCUmanage Rental Agreement Customer agrees, te keep me System and associated products free and clear of at liens and daima. Customer agrees that the System and maocmted prax will be used solely for Name, purposes seat not fix consumer purposes or personal use and mat ere Customers location is a business address. 2. Rent: MonWy payments win begin on the Commencement date, unless subitn to terms covered under The Software Management Agreement Adoendum. The Customer agrees to pay Raptor ere rental payment which includes the minimum base Imago allowance when due, The Castanet else agrees to pay a Grange ter each image In axcess athe nonage anowanos. The rental payment and the charge for overages am as inchmed on IM first page of ma Agreement. If any payment is more than ten days late, the Customer agrees to pay a penalty of up to 15% or Egg (whimamf Is gaemr) an me animus amount, but not, to exwad IM maximum meant allowed by law. The Customer also agrees to Pay $35 fa each check that IM bank reform for insufficient funds or any other reason Al the end of the fire year of this Agreement, and o am each successive twelve month pednd Themaner. Rena may increase the bards, rental Payment and the seems Merges charge by an amount Pal to exceed 6 %. The Customers obligation to pay the rental payments and its other obligations hereunder is absolute and mWnOinonC and k hot subject b cancellation, reduction, small or muntodaM. THIS AGREEMENT IS NON - CANCELABLE. 3. Excess Meadow Customer will submit tae antl acwrecto System meter readings to Renbr for the System by me end M the second workday or each billing period in any reasonable manner requested by Rant ", including an automated collection system. If Customer falls to submit meter roofings. Renlor may estimate meters are genereto invoicing bond upon IM estimated motor readings. 6. Term and Transition Blllli g: This Agreement k binding Won Customer on the tlme Customer signs the AgmeaaM The Agreement is efadive on the date Customer aigrrs Ina Delivery and Acceptors, ('Efeceve Dote'). The ten, a me Agreement begins on date designated by us after receipt of all required documentation and acceptance by us ('Commencement Dete) and commute f" The number of months designated as'Tehm' on me Mat page of this Ageemml. Customer agrees to pay an Interim rental payment In the amount of 1130 of May monthly mnlbl payment, for cam day from and inducing the Effective Date met The day preceding us, Commencement Dale, 6, Upgrade and Downgrade Provision: Ramat may review your image volume and propose options for upgrading or downsimdeg o accommodate yew needs. 6. Taxes and Rea: This is a net agreement In addition to ant, the Customer agrees to pay all taxes, fees, and filing Wets related to the use of me System, even bilked afar the and of me Agreement Ranter will rile propedy, tax rebme and bill the Cudorrer as soon as an Invoice from the local ju sdncgal is received. Remor Me the option to estimate any taxes due fa the year and Nil IM Customer monthly in advance on the basis of tad estimate. The CUMMUfr agrees met if Rentor pays any hams or charges on the Customers behalf, Customer will reimburse Renter for all such payments and win pay Raeor afee f. Wilecting and Mminisfedrg any ever, assessments or fees and rerafteg them to the appropriate authohities. The Customer will indemnify Rentor on an afemae basis against the an a any tax benefits anticipated Ot the Commencement Data arising out of the Customers eels of anteaters. Any fee merged under cis agreement may indak a profit. T. UCC Filing: The Cuefo nor authorizes Renter or its assignee to sign arty dommena in connection with me Urifam Commordmi Code ('UCC') on the Customers behalf. The Customer authorizes Rental to insect the serial almoners) of me System in the Agreement (Including arty schedules) and in any filings. In Older to protect our fights In me System, Customer grants the Renter a security interest In to System 9 this Agreement is deemed a seined fa eaction and Customer eulMdZSS Ramer to record re UCC -1 financing statement or similar instrument, and appoml Remor as its takrnay -in -fad to execute and deliver such instrument In order to show Renlors Infused in the System. B. Collateral Protection, Liability and Insurance: The Customer is responsible fa any losses or Injury mused by [he System. The Customer promises to keep me System fully insured against loss until me Agreement Is paid In fun erd malnlam insurance that protocts Rentor from liability for any damage or injury caused by the System or its use. The Customer pmmaes to provide Rentor with evidence of the m au ance, shaving Rent" as ere loss Payee for the full rdpkcemtnl value of Me System and addi(lonal Insured for public Imbifity and third party property Insurance, upon request. If Customer fans to provide wch W10or m, me Customer authorizes Renter to obtain coverage on heir behalf. Rentor shall have the right, but not the obligation, to obtain insurance an behalf G Customer and charge me Customer for acquiring and maimakhhhg the Wverego Pius a service fee, or shroud you wich us to werm this requirement we will ble you and YOU wan pay a monthly property damage re rage of up to .BOSS of me totel payment atm.. Wm either option Rentor may make a profit. Rentor may foe engine and endorse insurance chinks on the Customers behalf, 9. recommit, Affair Imendion, Remor is nb mini fa any losses al Injuries caused by the use or possession of the System. Customer agrees to hold Rent" harmless and reimburse Remor for loss and to defend Rentor against any claim for losses or Injury caused by the System. This IndemnIty obligation win continue after the tenninatbn of this Agreement f (ha loss or mi occurred! dMkg the term of the Agreement. The Customer agrees to reimburse Rental for and defend Rentor agami any Gains, Per losses or injuries caused by the System, unless such losses "injums am mused by to gross negligence or willful misocioductof Renlor. 1D. Maintenance and Care a Raptors System: The Customer agrees to iratall, use and maintain me System in accordance with me dealer specifications antl use only nose supplies supplied of approved by The Dealer which moat manufacturer epedfntlons. Customer agrees to maintain the System in good working condition, eligible for manufacturers mdifcation, normal wear and lea sampled MaIntenanW, provided by me Dealer, Is included la the listed System Maintenance Includes, and is Nailed to; parts repair of replacement and mandated lab., for service required as a result d normal at and tear. Supplies, excluding throughput stocks and staples ere Included unless otherwise Indicated. Work associated with Customers Womemon Technologies not listed on this Agreement, including but not limited to Bollworm, Computers, Data Rtes and Network Is not covered by me Rader, and Is billable to Customer. Rentor a nut responsible far my damage as Crmromers Inf.malbn Tedmwlogy Systems. Customer is responsible far an SolNrare Agreements and Remor Is not a party to any such finansng, but will include such software as part or the Rental Agreement In AcWrdarae with this agreement, within 10 days N the "Islander " earlier termination, for whatever reason, of Ina Agreement, Customer win deliver the System to Rentor in good condition and repair. except for normal weer end tear. 11. Location of System: The Customer will keep the System at me location specified In this Agreement. The Customer must obtain Rwlor s wra n permission to move the System. The Customer will alibi Remor or fts agents to inspect the System at any reasonable fine wherever it Is faceted. 12. Assignment.. THE CUSTOMER HAS NO RIGHT TO SELL, TRANSFER, ENCUMBER, SUBLET OR ASSIGN THE SYSTEM OR THIS AGREEMENT. Renter may sell. smefa or assign "a Agreement and it Rena does, the new owner will have the same rights and benefits, Renter has and will not have to perform any of'Rmtori obligations. Rentor wfl retain those obligaflons and Customer agrees that the rights of the assignee will flat be subject to any claims, defenses or mMUs the customer may have against the Renlor. W. Warranties: WARRANTY DISCLAIMER RENTOR MARES NO WARRANTY EXPRESS OR IMPLIED, INCLUDING THAT THE SYSTEM IS FIT FORA PARTICULAR PURPOSE OR THAT THE SYSTEM IS MERCHANTABLE. RENTOR TRANSFERS TO CUSTOMER ANY WRITTEN WARRANTIES MADE BY THE VARIOUS MANUFACTURERS REPRESENTED IN THIS AGREEMENT. CUSTOMER AGREES CUSTOMER HAS SELECTED THE SUPPLIER AND EACH ITEM OF SYSTEM AND ASSOCIATED PRODUCTS BASED UPON ITS OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY ORAL STATEMENTS OR REPRESENTATIONS MADE BY RENTORS. 14. Default and Reentrance: The Customer will be In default if any of the fallowing occurs: (i) Customer does raft pay any amount to Rental within pun (10) days ofwhon ft a dm, (it) Customer breathes any Other kin of eta agreement, and such breach remains uncured for 30 days afar Ranter has ranged Customer of such default, (iii) Cusloma an any guarantor dies; (iv) Customer or any gumenter becomes Insolvent at unable to pay its debts when due; Customer slops doing business as gang concern; Customer merges, cansolidales, or Irarhdars all al substantially an of its assets; or (v) Customer makes an assignment for the beneril of Its —darrs n vnt,Mwr lv ins "have fined mainst it an action under env bankruptcy proceedings. System to Renter at the Customers expense; a) represses Ina system a al exercise any other remedy available at taw or equity. At Ramous option, we may repossess the System. Customer waives any rights Customer may have to notice before Rental seizes any d the System and waives any requirement mad Renlor Post a bond in connection with any such seizure or repossession. In adolfon, 9 the Cusomer breaks any promise in tle Agreement. Rentor can use any remedies available to Renter under the UCC or any other applbable Iaw. The Custom" prn has to pay Remora reasonable eHomey fees and any cost associated with enfawment of this Agreement. This ocean will not void the Customers responsibility to maintain and care for the System, nor Wit RENTOR be liable fa any action taken on any nsignedpartysbehaff. 15. Business Agreement and Choice of Law: THE CUSTOMER AGREES THAT THIS AGREEMENT WILL BE GOVERNED UNDER THE APPLICABLE LAW FOR THE STATE M WHICH RENTOR OR ASSIGNEE HAS ITS HOME OFFICE. RE-NTOR OR ASSIGNEE HAS THE OPTION OF PURSUING ANY ACTION UNDER THIS AGREEMENT IN ANY COURT OF COMPETENT JURISDICTION AND THE CUSTOMER CONSENTS TO JURISDICTION AND VENUE IN THE STATE OF OUR OR OUR ASSIGNEE'S CHOICE. RENTOR OR ASSIGNEE AND CUSTOMER WAIVE THE RIGHT TO A TRIAL BY JURY IN THE EVENT OF LAWSUIT. 16, Rerhawal and Realm of System: After the Minimum Term, as defined by the Rental Agraerrhent and any wrillen extension thereof, this Agreement will aulomalically renew on a hveNe (12) mono basis unless tie Customer retain Rehla In wreng not less men 90 days prim to the expiration of the Minimum Term or sdermon of its stallion to ratan me System. Provided the Customer has given such timely notice, It shell,turn the System, freight and Insurance prepaid, W Rento in good repair condition and walking moat, Ordinary wear and tear somr tad, in a manner and lealoceem designated by Renlor. The Customer must pay any additional rents due ma Ina System is received in good working condition by Rentor or its .gems. 17. Other Rights: The Customer agrees mat Rehlors delay, a failure to sxam se any rights, does net prevent Rentor, from exercising them at a later time. If any pad of this Agreement is found to be Invalid, men it shat] Mt invalidate any of the Other Pads and the agreement shall be modified to IM minimum extent as permitted by law. Purchase orders or any other type of ordering document will not modify err affect the Agreement, nor wig any such document have any legal affect and wit only No for me propose of identifying me System end associated services ordered by the Customer. 1& UCC -2A Provisions: Customer agrees mat Rentor may use any and all of the remedies available through law. Customer also waives any and all rights antl monodies granted to Customer under Sections MA B through 2A522 d ire UCC. 19. EMI. Agreement: This Agreement represents me situ Agreement between Rentor and me Customer regarding the financing of the System. Neither Ranter nor the Customer will M bound by any amendment, waiver or other Monge unless agreed to in writing are signed by boa panes. 20. MISCELLANEOUS: Any dingo in any of the terns and conditions a ale form? Agreement must be in writing and signed by Renter. Customer agrees, however, tat Remor Is authorized, wBhad notice la Custom", to supply missing Information or need obvious a.. a mis Agreement. A fax version of Customers signalao on this Agreement wren received by Rand" Chat be bIWN upon Customer as if ariginany signed. However, cis Agreement shell be binding an Romer when signed by Remor. Both Customer and Remor agree that ere version d INS Agreement with Benicia.kginal signature shall comforts the Mghal euteimfive version "I. Rev. 5/1212009 <1 RELATOR: DOCUMAmiv OF EAST TEXAS, INC. Z%X LrA AT10 4700 Elmo Weeoon Rd.. Suite 108 College Station, TX 77840 T. 070.731.8500 New ideas, New Solutions. F. 070.731.8586 DOCLAMANAGE RENTAL AGREEMENT 1. CUSTOMER COVENANTS. Customer covenants and warrants A. It has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the payments scheduled to come due and to meet its other obligations under the Agreement and such funds have not been expended for other purposes; and B. There is no action, suit, proceeding or investigation pending, or threatened in any court or other tribunal or competent jurisdiction, state or federal or before any public board or body, which in any way would (a) restrain or enjoin the delivery of the Agreement or the ability of the Customer to make its Base Payments (as set out above); (b) contest or affect the authority for the execution or delivery of, or the validity of, the Agreement; or (c) contest the existence and powers of the Customer; nor is there any basis for any such action, suit, proceeding or investigation; and C. The equipment will be operated and controlled by the Customer and will be used for essential government purposes and will be essential for the term of the Agreement. D. Customer has not previously terminated a agreement for non - appropriation, except as specifically described in a letter appended hereto. 2. NON APPROPRIATION. In the event Customer is in default under the Agreement because: A. Funds are not appropriated for a fiscal period subsequent to the one in which the Agreement was entered into which are sufficient to satisfy all of Customer's obligations under the Agreement during said fiscal period. B. Such non - appropriation did not result from any act or failure to act of customer. C. Customer has exhausted all funds legally available for all payment due under the Agreement. D. There is no other legal procedure by which payment can be made to Rentor. Then, provided that Customer has given Rentor written notice of the occurrence of paragraph 1. above thirty (30) days prior to such occurrence; Rentor has received a written opinion from Customer's counsel verifying the same within ten (10) days thereafter; and the Customer does not directly or indirectly purchase, rent or in any way acquire any services or equipment supplied or provided for hereunder; upon receipt of the equipment delivered to a location designated by Rentor, at Customer's expense, Rentor's remedies for such default shall be to terminate the Agreement at the end of the fiscal period during which notice is given; retain the advance payments, If any; and/or sell, dispose of, hold, use or rent the equipment as Rentor in its sole discretion may desire, without any duty to account to Customer. 3. SIGNATURES. Each signor (two if monthly payment exceeds $1,200.00) warrants that he /she is fully conversant with the governing relevant legal and regulatory provisions and has full power and authorization to bind Customer. Signor(s) for Customer further warrant(s) its governing body has taken the necessary steps: including any legal bid requirements, under applicable law to arrange for acquisition of the Equipment; the approval and execution has been In accordance with all applicable open meeting laws; and that a resolution of the governing body of Customer authorizing execution of the Agreement has been duly adopted and remains in full force and effect. Vol. 3 pg-_ 5 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: July 27, 2010 ITEM: Request from The 7711 Corporation to place a temporary 3" poly water line in the rt way of Elmo Weedon Road near its intersection with Steep Hollow Road. Site is located in Precinct-2-..'3 SOURCE OF FUNDS: N/A REQUIREMENTS: I. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right - of -way line and /or 2) in the case of a road bore, perpendicular to the right -of -way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4. Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES /EXCEPTIONS: Temporary water line is expected to be in place for approximately 45 days. SUBMITTED BY: APPROVED BY: � Richard F. Vance, P.E. Commission County Engineer Precinct 2- g CC2010 -048 This Request is Approved V//"D"enied 0 by Commissioners' Court Date: 242 Randy Sirgg, County Judge Vol. I� pg.'— —_ REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY ADMINISTRATION BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) THE 7711 CORPORATION proposes to place a (type) 3" Poly Pipe within on across .,L the right-of- -way of (road) Elmo Weedon Road in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by copies of the drawings attached to this notice. I understand and agree that: 1.The Co unty Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation; 2.All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer; 3.Brazo s County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way; 4.11razo s County will in noway be responsible for any damage which might occur to any existing utility lines in the right-of-way; 5.The line w ill be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989; 6.The line o r lines will be constructed no less than twenty-four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway; 7.All sites will be barricaded during the construction period. Construction of this line will begin on or after the 22 day of July . 2010. APPROVED BY COMMISSIONERS' COURT: Date a2 Randy Sim ounty Judge Brazos C nty, Texas WM00s Firm: THE 7711 CORPORATI f /' By: G. D. BRYANT /' Title: PRESIDENT Address: P O BOX B J COLLEGE STATION 77841 Phone: 979 -779 -0777 k r/; Vol. P�' 7 -- BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 27 DATE OF COURT MEETING: Jul 2v .2010 ITEM: Request from Verizon Communications to construct 3 road bores for buried cable installations in the right of way of Chaco Canyon Drive, Anasazi Bluff and Paleo Point (Indian Lakes Subdivision). Site is located in Precinct 1. SOURCE OF FUNDS: N/A PRESENTATION: 1. 70' road bore will cross Chaco Canyon Dr. at its intersection with Anasazi Bluff 2. 70' road bore will cross Anasazi Bluff at its intersection with Paleo Point 3. 70' road bore will cross Palen Point at lot line between address #3101 and 3151 REOUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and /or 2) in the case of a road bore, perpendicular to the right -of -way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, tways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: APPROVED BY: i�GI�LGlAiriV- Richard F. Vance, P.E. Commi (sinner Lloyd Wassermatm County Engineer Precinct 1 CC2010 -046 This Request is Approve j I� Denied D by Commissioners' Court 1% Date: 4-2,2jf l/ Judge veri on Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 July 12, 2009 GARY ARNOLD Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. ARNOLD: Subject: AGRMNTS 24 BURIED CABLE Enclosed are From ED -135 and a work location sketch showing the location of our proposed buried cable line on county roads in Brazos County at College Station, Texas. This work is to be completed on Work Order 5416- 3POAORK which is scheduled for 08/02/2009 If you have any questions concerning this work, please contact Richard Wallace at our office in Bryan, telephone 979 - 821 -4752 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. X cerely do t/(100(c_ BRENDA VAJDAK Supervisor — Network Engineer JS:ec Attachment /-A/0 d /Z �A-,� Vol. — P8• O j 4r :> 0 10 VERIZON COMMUNICATION Notice of Line Installation DATE 07/12/2010 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right -of -way of a County Road in County, Texas as follows: At the junction of Chaco Canyon Dr and Anasazi Bluff Dr, a road bore will be made from the south corner of Anasazi Bluff crossing Chaco Canyon. A second bore will be made on the north side of the intersection of Anasazi Bluff and Paleo Point, crossing Anasazi Bluff. A third bore will cross Paleo Point near the lot line between addresses 3101 and 3151. The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after VE IZON COMMUNICATIONS 9 qJdq, . Brenda Vajdak Supervisor - Network Engineer 301 Industrial Blvd. Vol. Vol. LP Pg. 9A E 133HS Gd-IGb602J �� I� CIC 16G01 o, oZoz IT2Y2 YCbbL02. trf 4 mm ao ielid, 3etlso � I ..............01T2K.a +If01 Ci bIp2H I:� U I'� O spl u cza- F� ` <2 °jtar °Ow�"zpkL � I fm I N as- -b an N�NNN 8 Cc� q ��F 1fa�¢NBmi�gt- mLL(0 1d'I ivmN6V ��� Kn , ~V. I >� I h Bf 92UM J, -G2 e i d �f-S2 RRH / as- -b an / ✓� \W��;µ�2�aNIWbw2 F N x x W z `ew W. p S W w i ¢ a r S J w U C Ill ¢ ¢O 0 > 0 z x S u= —w 2 xm= w WQp GG 0 N a ¢ N } x .. - g 'M iJp m O — a O Nom a N b W W W i J �S W ¢ g ff a W Q IIIz Vol. _ pg. -5 3 �f-S2 J ff4 ..................... ............................... .....................66121..... N i 4 LLJ y iJa jjNlB IZtlStlNG I LLI 5� �rc8�iii gm = '— 01'0°i �.........050. f2YE02.w I K02.w 4MWBM00tl0dE) u a w } '_° g f S20YS02. •BIE o y.y 0 0 z' N mQ gJOm W l d ip A� awwu. o is a W Q IIIz Vol. _ pg. -5 3 Vol. 4"f 6 N Q Q � w N Q 6 F yt i w N •' w Y d W > Q U W J Z Z p B NN Q � 2 Z io w W W )rw iO 4 FIOm � n 8 a N 6 � t i W , a f N Im y V Q r � 7 �¢d Z O Z� O 6 ^ p 6 ^ Cu to J Q h 6 J W V F m a�a Q W ~ g8w' om v$ -NCS Q W Q w F- Z BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO, 09110 — 41.1 thru 41.10 On this the 27th day of July 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct I C. Duane Peters, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 27 July 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 27°i day of July 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Original County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. % 3 Pg. -- S, 5 DIV DR BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 41.1 712712010 rellocate funds for the purchase ofa standard laundry cart w /double pole rack plus shipping. This budget amendment is for proper Vol. I Pg. -56 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 41.2 7/2712010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 2,800.00 0100 30401100 65350000 DR Gasoline 2,800.00 General Fund Contin enc &Constable Precinct #4: Transfer of funds to cover gasoline costs for Constable Pct #4. Vol. Pg. 5 7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 41.3 7/27/2010 FUND DIV ACCT PROJ DR/CRJ ACCOUNT NAME Increase Decrease 0100 22100100 60600000 CR Office Supplies 325.26 0100 22100100 67281000 DR IMinorEquipment 325.26 District Court - 272nd: Reallocation of funds to cover the purchase of a shredder for the 272nd District Court. PO #10003781 Vol. 13 � Pg. 4.9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 41.4 7/2712010 FUND DIV jkCCT ACCT PROJI DR/CR ACCOUNT NAME Increase Decrease 0100 30101100 59100000 CR DDEA 464.09 0100 30101100 65950000 DR Vehicle Maintenance 444.17 0100 30101100 65550000 DR Radio Maintenance 19.92 Constable Pet #1: Reallocation of funds to cover overages in vehicle and radio maintenance. It, _ „_ 13 �_pg. J q BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 41.5 7/27/2010 FUND DIV ACCT PROD DRICR ACCOUNT NAME Increase Decrease 0100 30401100 67286000 CR Equipment - Other 200.00 0100 30401100 60500000 DR Office Equipment 200.00 Constable Pct #4: Reallocation of funds to purchase additional handcuffs. Vol. — P9 - -- — BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 41.6 7/27/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30401100 67286000 CR Equipment - Other 60.00 0100 30401100 60400000 DR llnvestigative 60.00 Constable Pet #4: Reallocation of funds to purchase Crack/Cocaine tests. Vol. _____3 � pg.- — 28000100 1 60600000 of funds to cover the BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 41.7 Decrease Vol. pg —�- a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 41.8 7/27/2010 FUND DIV ACCT I PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11002600 71060000 CR Contract Utility Construction 10 000.00 0100 11002600 61880000 DR Utilities 10,000.00 H.O.T. Fund: To reallocate funds from Contract Utility Construction line item to Utilities line item to cover the future expenditure. Vol. 13 pg. 6 3 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 41.9 6/2912010 FUND DIV ACCT PROJ DR1CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 1,000.00 0100 91110000 DR Transfer to Capital Improvements 1,000.00 4500 49028000 CR Transfer fm General Fund 1,000.00 4500 63000600 80101000 DR Building Renovations 1000.00 General Fund Contingency and Capital Improvement Fund: Transfer of funds to over expenditures assocaiated with the North Wing Renovation. 0 Vol. 1 3 � Pg. k* BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 -41.10 7/27/2010 FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4308 63430800 80130000 CR Building - Sheriff Jail 3,096.88 4308 63430800 60420000 DR Jail Supplies 3,096.88 Jail Expansion 2007: To rellocate funds for the purchase of multiple shelving kits. This budget amendment is for proper account coding of the purchases. Vol. )3iQ pg. `��� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 27, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting . Employee Request Action Requested Request(s) Applies To Building Maintenance Espinoza, Irma Budget Change County Attorney County Clerk Magistrate 2 SO — Jail Guzman, Graciela Gallion, Seth Peters, Ashlie Glenn, James Price, Robert Dennis, Nathan Approved in Commissioners' Court: July 27, 2C "' County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) New Hire Resignation Budget Change Retirement New Hire Transfer w /in Dept. Vol. --L31- Pg. 1p