HomeMy WebLinkAbout2011-11-22-4:00PM-REGULARNOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON NOVEMBER 22, 2011 AT 4:00 PM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance -
Chaplain G.H. Jones and Commissioner Wassermann
2. Call for Citizen input and /or concerns.
Consider and take action on agenda items 3 - 15:
3 Order 11 019 p rohibitina outdoor burning in Brazos County for ninety f90) days effective i mmediately.
4 . Request from t he Road and Bridge Department for a cell phone allowa for the County Engineer-
5.
6 . Contract w ith AMCAD for the development of the Brazos County Integ Justice Management
System.
7.
8.
9.
Volume 78 19 Paae 165 17 835 Acres J M Barrera Survey A -69 Brazos C ounty, Texas. Site is locate
Lin Precinct 1.
1714 Tract • J W Stewart Survey A -212 Brazos County Texas. Site is loca in Precinct 2.
10. Tax Refund Applications for the following:
V01. _j5 4 - pg. -- I —+ —
BRAZOSCOUNTY
BRYAN,TEXAS
• a Jodie Littlefield - overpayment- $ 10 . 00
• b Dobrovoiny Farms - overpayment & 27. 00
• c Annette Schaefer - overpayment $3 5 . 00
11. Budget Amendments.
Budget Amendments FY 10/11 58.1 -58.4
Budget Amendments FY 11/12 8.1 -8.2
12. Personnel Change of Status.
Personnel Action Forms
13. Payment of Claims.
14. Convene into Executive Session pursuant to Section 551.087 to discuss or deliberate
economic development negotiations.
15. Consider and take action on Executive Session.
16. Acknowledge of the Department of Justice preclearance appro of the 2011 r edistricting plan for
the County Commissioners Justice of the Peace and Constable districts.
17 . Acknowledgement of the Brazos County Purchasina Department Update for the week of November 11 -
17.2011.
18. Sheriff's report on inmate population.
19. Announcement of interest items and possible future agenda topics.
20. Call for Citizen input and /or concerns.
21. Adjourn.
VOI.
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 rules may result in the following
sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and /or
4. such other and /or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ?
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive servicies-must--be made two
working days before the meeting. To make arrangements, please call (979) 361 -4102.
Vol,
MINUTES
November 22, 2011
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
- Signature Page 11 -22.Of
File stamoed. agenda. Af
Sign in sheet.pdf
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 4:00 p.m. on
Tuesday, November 22, 2011 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena , Commissioner of Precinct 2;
Kenny Mallard , Commissioner of Precinct 3;
Irma Cauley , Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance -
Chaplain G.H. Jones and Commissioner Wassermann
2. Call for Citizen input and /or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 -15:
VOI. 6 A P
BRAZOSCOUNTY
BRYAN,TEXAS
3. Order 11 -019 prohibiting outdoor burning in Brazos County for ninety (90) days, effective
immediately.
2 Item 3.pdf
Chuck Frasier, Emergency Management Coordinator stated that he had spoken with two
fire chiefs who were both in favor of continuing the burn ban. He also addressed the
KBDI. The County Judge said he was sensitive to the people who have a real need to
burn. He himself needs to burn, but would not feel comfortable doing so at this time.
The KBDI and the advice of the fire chiefs dictate against lifting the ban.
Commissioner Mallard said he was concerned. He would like to lift while we have the
chance even though there are reasons not to.
Commissioner Catalena stated the County Judge can lift the ban at anytime if we get
enough rain.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wassermann .
4. Request from the Road and Bridge Department for a cell phone allowance for the County
Engineer- Class Code 2601, Position 1.
Item 4.pdf
Approved as submitted.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley ,
Mallard , Peters , Wassermann .
5. Ratification of a purchase made using PO #12000814 for the purchase of a Ticket Writer
from Brazos Technology in the amount of $3,655.00 for Justice of the Peace Pct. 4 using
JP Technology Funds.
10 Item 5.pdf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard ,
Peters , Wassermann .
6. Contract with AMCAD for the development of the Brazos County Integrated Justice
Management System.
] Item 6.pdf
Commissioner Catalena thanked AMCAD for their professionalism and the working
relationship.
Eric Caldwell, Chief Information Officer was asked to speak on this. He introduced the
representatives from AMCAD and recapped the process that was started July 2010. The
cost to Brazos County will be $3,728,532.00. The Agreement becomes effective upon
execution and shall terminate twenty four months (24) after the effective date. He said
that if approved the work will begin soon. The most important thing being cleaning up
the current data.
Commissioner Cauley thanked Mr. Caldwell and Ian Soares, the IT staff and Charles
Wendt, the Purchasing Agent for the work they did on this project. A copy is attached.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge
VOL Pg. ---- I � �
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
7. Requisition # 00036432 to C &S Heating and A/C Service for the purchase and
installation of heat pumps in the Brazos County Exposition Complex in the amount of
$27,870.00.
Item 7.pdf
Approved as submitted.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley , Mallard , Peters , Wassermann .
8. Consider and take action on the Final Plat of Indian Lakes Subdivision Phase I, Lots 5-
R1 and 5 -R2, Block 1, being a minor replat of Lot 5 -R, Block 1 Indian Lakes Subdivision
Phase I, as recorded in Volume 7819, Page 165, 17.835 Acres, J.M. Barrera Survey, A-
69, Brazos County, Texas. Site is located in Precinct 1.
Item 8.pdf
Approved as submitted.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
9. Consider and take action on the Final Plat of Lot 2A Cecil's Creek Subdivision Phase
Two being an Amending Plat of Lot 2 (Cecil's Creek Subdivision Phase Two), recorded
in Volume 10398, Page 145, 17.14 Acre Tract, J.W. Stewart Survey, A -212, Brazos
County, Texas. Site is located in Precinct 2.
AD Item 9.pdf
Approved as submitted.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley , Mallard , Peters , Wassermann .
10. Tax Refund Applications for the following:
Item 10.pdf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wassermann .
• a. Jodie Littlefield- overpayment - $10.00
• b. Dobrovolny Farms - overpayment - $27.00
• c. Annette Schaefer - overpayment - $35.00
11. Budget Amendments.
Budget Amendments FY 10/11 58.1 -58.4
Item 11 FY 11.pdf
58.1 Reallocate funds for Brazos Valley Council of Governments Interlocal Grant
58.2 Hotel Occupancy Tax Fund To realize excess revenue collected
58.3 Expo Center to transfer funds from General Fund to Debt Service
vol.____� 5 4 Pg I �5 —..
58.4 Increase budget for Title IV -E Legal portion/ District Attorney -CPS
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard,
Peters , Wassermann .
Budget Amendments FY 11 /12 8.1 -8.2
`0 Item 11 FY 12-Of
8.1 Reallocate funds for Justice of the Peace Precinct 2, Place 2
8.2 Reallocate funds for Road & Bridge Administration
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, ,
Mallard , Peters , Wassermann .
12. Personnel Change of Status.
Personnel Action Forms
Item 12.pdf
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wassermann .
13. Payment of Claims.
Claims Sheet.pdf
BILL LIST 11.22.11.pdf
7092808 through 7093125
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, ,
Mallard , Peters , Wassermann .
14. Convene into Executive Session pursuant to Section 551.087 to discuss or deliberate
economic development negotiations.
At this point the County Judge skipped the Executive and proceeded to consider items
16 through 20.
Having considered items 16 through 20 the County Judge announced the meeting
closed to the public at 4:29 p.m. and asked the following individuals to stay for the
meeting:
Bill Ballard, Civil Counsel
Irene Jett, Budget Officer
Candy Gallego, Executive Assistant
Bob Malaise, Representative of the RVP
15. Consider and take action on Executive Session.
At 4:43 p.m. the County Judge announced the meeting open to the public and
announced that no action would be taken on the Closed Executive Session.
V OL I � � Pg. � � �
16. Acknowledgement of the Department of Justice preclearance approval of the 2011
redistricting plan for the County Commissioners, Justice of the Peace and Constable
districts.
ZO Item 16.pdf
The Court acknowledged receipt of the preclearance approval from the Department of
Justice.
17. Acknowledgement of the Brazos County Purchasing Department Update for the week of
November 11 - 17, 2011.
i l
Item 17.pdf
The Court acknowledged receipt of the Purchasing Department update.
18. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 594 inmates in jail, 45 have electronic monitors and
26 are pending for monitors. He went on to say that with a decline in the total inmate
population, he was able to close one dormitory.
19. Announcement of interest items and possible future agenda topics.
Commissioner Mallard informed the Court that December 1, 2011 will be the winter
meeting and reception of the High Speed Rail Committee at the La Salle Hotel in
downtown Bryan. It will begin at 5:30 p.m.
20. Call for Citizen input and /or concerns.
There was no citizen input.
21. Adjourn.
VOL --L15 i 4��
The foregoing minutes of the Commissioners Court meeting held November 22, 2011
have been examined and are approved in open Court this I , day of
m � , 2011, in Bryan, Brazos County, Texas
Duane Peters Lloyd Wdssermann
County Judge Commissioner, Precinct 1
Kenny Mallard
Commissioner, Precinct 3
Irma Cauley `-
Commissioner, Precinct 4
Attest:
Karen McQueen
County Clerk
Vol 15 �1 Page 1 �t-8'
BRAZOS COUNTY COMMISSIONERS COURT
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BRAZOS COUNTY
BRYAN, TEXAS
ORDER 11 -019
PROHIBITION OF OUTDOOR BURNING
WHEREAS, in accordance with provisions of the Texas Local Government Code, Chapter 352, a drought condition
exists or has existed in Brazos County, Texas as determined by Texas Local Government Code Chapter 352; and,
WHEREAS, the Commissioners Court makes a finding that circumstances present in all or part of the
unincorporated area of Brazos County create a public safety hazard that would be exacerbated by outdoor burning.
BE IT THEREFORE ORDERED that the following regulations are hereby established for all unincorporated
areas of Brazos County Texas for the duration of the above mentioned declaration;
Action Prohibited:
A person violates this order if he or she bums any combustible material outside of an enclosure serving
to contain all flames and/or sparks, or orders such burning by others.
2. Enforcement:
A. As soon as possible, a duly commissioned peace officer shall be sent to the scene to
investigate the nature of the fire.
B. Upon notification of suspected outdoor burning, the fire department assigned to the
location of the fire shall respond to the scene and take immediate measures to contain
and/or extinguish the fire.
C. If in the opinion of the officer at the scene and/or the fire chief, the goal of the order can
be attained by informing the responsible party about the prohibitions established by this
order, the officer may, at his discretion, notify the party about the provisions of this order
and request compliance with it. In such instances, an entry of the notification shall be
made into the dispatchers log containing the time, date, and place of the warning, and the
name of the person receiving the warning.
3. At the discretion of the peace officer or the fire chief, second or flagrant violations of the order may be
prosecuted in accordance with the statutes and procedures governing misdemeanors.
4. This Order prohibiting Outdoor Burning takes effect on November 29, 2011 and will expire on February
27, 2012, unless terminated earlier by the Commissioners Court or the County Judge. The Commissioners
Court hereby designates to the County Judge the authority to terminate this Order in accordance with Local
Government Code Section 352.081(cx2).
Vol. Pg.
Exception:
Welding may be allowed under the following guidelines only:
Provide a spotter for each welder, each cutter, each grinder, and for any activity that causes or may cause a
spark.
A. Maintain a minimum perimeter around the welding area of a radius of 25 feet or three times the height
of the actual welding, whichever is greater. (Example: if the welding is occurring ten feet off the
ground, a perimeter of thirty (30) feet radium must be protected). The perimeter must be clear of
vegetation and kept wet. If the perimeter cannot be cleared of vegetation, proper precautionary
measures must be taken (Example: protecting brush, etc, by utilizing fire resistant tarps).
B. Maintain a minimum of 100 gallons of water at the site.
C. Maintain a minimum of one (1) water pressure fire extinguisher per spotter.
D. No welding shall occur if winds are greater than 20 mph or relative humidity is less than 30 %.
E. Prior to conducting any welding activity, the welder shall give notice to the Brazos County Risk
Manager and Brazos County Emergency Services (979- 779 - 0911). The notice may be by phone but
shall give the name of the welder conducting the welding operation, the location of the operation, cell
phone number of other contact information, and the name of party responsible.
BE IT ALSO ORDERED that this order may be enforced by any duly - commissioned peace officer and that the
venue for prosecution of this order will be the Justice of the Peace.
APPROVED, this r '1 day o f 1� 0�j e , 20 — A — .
Duane Peters, County Judge
Lloy Wassermann
Commissioner, Precinct 1
ti
Kenny Mall
Commissioner, Precinct 3
Vol. t C 5 4 Pg.
y Catalena
Co ,
t � " issioner Precinct 2
l6 aa,.
STATE OF TEXAS § SOFTWARE LICENSE AND
SERVICES AGREEMENT
BRAZOS COUNTY §
This SOFTWARg AND SERVICES AGREEMENT ( "Agreement ") is entered
into on this � day of WON 2011, by and between the COUNTY
OF BRAZOS, a political subdivision of the State of Texas ( "County "), and AMERICAN
CADASTRE, LLC (dba "AMCAD "), a limited liability company, organized in Virginia and
authorized to do business in the State of Texas ( "AMCAD "). County and AMCAD may
be individually referred to as "Party" and collectively referred to as "Parties ".
ARTICLE I
PURPOSE
1.01 The purpose of this Agreement is for the County to acquire from AMCAD an
integrated and operational Integrated Justice System for Brazos County. The
Services, as defined in Article IV, that AMCAD shall provide and the
specifications and requirements of the System, as defined in Article IV, are more
fully described in the terms and provision of this Agreement and the Exhibits.
1.02 The purchase of the License and the Services described in this Agreement and
Exhibit B, incorporated herein and made a part of this Agreement for all
purposes, are made pursuant to Texas Local Government Code § 262.023.
ARTICLE II
DESIGNATION OF REPRESENTATIVES
2.01 County hereby appoints, Eric Caldwell, the County Program Manager ( "County
Program Manager ") as its designated representative with regard to this
Agreement. The County Program Manager is the primary point of contact for
AMCAD. The County Program Manager shall have signature authority for the
acceptance of Deliverables, as defined in Article IV, by the County.
2.02 AMCAD hereby appoints Stephen Pontius, as the AMCAD Program Manager
( "AMCAD Program Manager ") with regard to the Services to be performed
hereunder by AMCAD. AMCAD Program Manager shall be the primary point of
contact for County. AMCAD Program Manager has the authority to manage the
Project and will serve as the primary interface with the County project and
technical management personnel for delivery and performance. The AMCAD
Program Manager oversees delivery and performance; ensures deliverable
quality; and reports schedule, cost and execution performance to the County.
AMCAD Agreement 10/24 /11.Brazos County
Vol.
ARTICLE III
TERM
3.01 This Agreement shall commence on the execution date of the last signatory Party
to the Agreement (the "Effective Date ") and shall terminate twenty -four months
(24) after the Effective Date. However, the Parties may mutually agree upon
extending the term of this Agreement to meet the goals of the Project, as defined
in Article IV. Notwithstanding the foregoing, this Agreement may be terminated
earlier in accordance with the provisions of Article XXVII below.
3.02 AMCAD shall not initiate Services under this Agreement until it receives a written
notice to proceed.
ARTICLE IV
DEFINITIONS
4.01 Definitions. Capitalized terms used in this Agreement, including Exhibits, and
not otherwise fully defined within the Agreement, have the following meanings:
a. Agreement - Unless otherwise specified, is this Agreement and all Exhibits to the
Agreement and Change Orders.
b. Library- An area to be designated by County Program Manager that will be
utilized throughout the Project to house electronic and hard copy files of all
Project documents.
c. Business Day - A day of the week in which Brazos County Information
Technology Department is open for ordinary business.
d. Business Unit(s) - Business Units are listed in the Statement of Work.
e. Change Order(s) - A written document signed by County and AMCAD authorizing
an addition, deletion, or revision to the compensation or Services and /or an
adjustment to the Project Timeline or Payment Schedule. The change request
process is to be mutually agreed upon by both Parties and subsequently detailed
in the Statement of Work - Exhibit D.
f. Critical Failure - A Critical Failure will have occurred if County experienced
significant downtime such that any portion of the Software as Implemented has
not been available for a minimum of a thirty (30) minute period on any given day
due to a defect or malfunction with the Software.
g. Deficient, Defect or Defective — Deliverables or Services which are non-
conforming to provisions in this Agreement.
h. Deliverables — The Deliverables described in the Statement of Work and Change
Orders.
-2-
Development/Test Environment - The infrastructure (Hardware, network and
Software) instance available that allows AMCAD and County to configure and
perform testing of the Software, develop and maintain configurations, reports and
forms. This environment will be configured identical to a single instance of the
Production Environment..
Documentation or Documents — Any and all written or electronic operating
instructions, user guides, commentary, and other instructional or advisory
materials related to the licensed Software.
k. Final System Acceptance — Acceptance by County of the Software.
1. Functional Group — a person or group that is charged with performing a task or
set of tasks within a Business Unit.
m. Go -Live Date - means the date /day that the AMCAD system is first utilized by the
customer for support to its customers. This is usually the first Monday after
training and final legacy data conversion has taken place.
n. Hardware - Servers, etc. as defined in the Statement of Work.
o. implement, Implemented and /or implementation — The process in which AMCAD
will discover, define, design, develop, demonstrate and deploy the Software
during the Project.
p. Interface -- A link to an external database field or server to call for or send data
including an image, document, digital video file, or digital audio file.
q. Non- Critical Failure — A Non - Critical Failure will have occurred if the Software as
Implemented fails to meet the specifications due to malfunction or defect but in
such a way that County still has effective use of the Software.
Payment Schedule — The Payment Schedule is attached as Exhibit A.
s. Peripheral(s) — Peripheral is a device attached to a host computer, but not part of
it (such as computer printers, image scanners, tape drives, and digital cameras).
t. Power User — Power User is a user of the Software who has the ability to use
advanced features of the Software and understands the Software's functionality
as it relates to the day to day operations of the County's business.
u. Production Environment(s) - The overall infrastructure (Hardware, network and
Software) needed and available that allows the Software to operate allowing end -
users to complete day to day functions.
-3-
v. Production Support Environment -- The infrastructure (Hardware, network and
software instance available that allows the County to perform a mock deployment
of the Product ready software components and to conduct training, test functional
configurations set -up of the Software, Hardware and Peripherals in preparation
for Production Implementations of the Software). This environment will be
configured identical to a single instance of the Production Environment and has
the potential to act as a backup for the Production Environment.
w. Project- All Services and Deliverables required by this Agreement.
x. Project Timeline — The mutually agreed -to schedule for the performance of the
Services and completion of Deliverables.
y. Services — All Services provided by AMCAD to County as specified in this
Agreement.
z. Software - Means the object code form of computer software owned or
distributed by AMCAD and identified by product or component name in the
Statement of Work and licensed to County under Exhibit B of this Agreement,
subject to the payment of the applicable license fees, regardless of whether
located on a server or client computer. "Software" also includes all updates and
corrections provided through this Agreement.
aa. Statement of Work or SOW — The document attached as Exhibit D (to be
delivered and appended to this Agreement following execution).
bb. Subcontractor — Any individual, partnership, firm, corporation or business entity,
other than an employee of AMCAD, that contracts with AMCAD to furnish any
services, labor, materials or equipment for, or in connection with, this Agreement.
cc. System - The interacting, interrelated, and interdependent computer software
and hardware responsible directly for controlling, integrating, or managing the
individual components of the County's comprehensive integrated justice
management software.
dd. Third Party Software - The software applications, to be described in the
Statement of Work, to be acquired by County pursuant to separate license
agreements entered into by County and the software vendors.
ee. Training Environment - The infrastructure (Hardware, network and software)
instance available that allows AMCAD and County to conduct training, and
complete functional configurations set -up of the Software, Hardware and
Peripherals in preparation for Implementation of the Software. This environment
will be configured identical to a single instance of the Production Environment.
ff. Warranty Period — The ninety (90) day period following the final go -live date for
the County's comprehensive integrated justice management software.
-4-
1 � ( .o
�o�. 15 4 ry a. -_ _ 0 .
ARTICLE V
ORDER OF PRECEDENCE OF DOCUMENTS
5.01 The Exhibits attached to this Agreement are incorporated into this Agreement by
reference and are made a part of the Agreement for all intents and purposes as if
fully set forth herein. Reference to "the Agreement" or "this Agreement" shall be
interpreted to include the Exhibits.
5.02 The written agreement between the County and AMCAD consists of the Software
License and Services Agreement and four (4) exhibits: Exhibit A - Payment
Schedule; Exhibit B - License Agreement; Exhibit C - Maintenance Agreement;
and, Exhibit D - Statement of Work.
5.03 In the event of a conflict between or among this Agreement and the Exhibits, the
conflict shall be resolved in the following descending order of precedence: (a)
Change Orders; (b) this Agreement; and (c) Exhibit D, the Statement of Work
and the remaining Exhibits A -C.
5.04 The Agreement represents and incorporates the entire understanding of the
Parties hereto and each party acknowledges that there are no warranties,
representations, covenants or undertakings of any kind, nature or description,
except as expressly set forth in the Agreement. The Agreement shall not be
changed or modified except by an amendment or a Change Order as provided in
this Agreement.
ARTICLE VI
GENERALTERMS
6.01 County's General Responsibilities. In addition to the other responsibilities that
County has under this Agreement, County has the following responsibilities:
a. County shall grant to AMCAD such access to its premises, facilities and
equipment as may be reasonably necessary and appropriate for AMCAD
to perform its obligations under this Agreement within the security
parameters defined by the County Program Manager. AMCAD and its
employees and agents shall, at all times, comply with all security practices
implemented by County Program Manager and communicated in advance
in writing to AMCAD with regard to information and data to which AMCAD
has been given access as a result of this Agreement.
b. County will make reasonable efforts to provide adequate and timely
assistance or information with regard to its administrative, operational, and
management procedures, and any preexisting data necessary to execute
the Services in a successful and timely fashion; provided, however, that
AMCAD shall notify County in advance and in detail of such assistance
and information as soon as they are known to AMCAD.
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C. County will provide and permit AMCAD access to all necessary
information technology and documentation on a timely basis as provided
in this Agreement.
d. County will provide office space, internet and telephone access, computer
hardware, and telephones for AMCAD's staff. The Parties agree that the
Services shall be coordinated so as to minimize the impact on County
facilities. Accommodations may include:
L Office space for one AMCAD Program Manager including desk and
chair
ii. Cubicle area for up to six (6) persons including work area and
chairs
iii. Internet and network access
iv. Telephones and telephone access at each workstation or desk
v. One meeting area that can accommodate up to eight (8) persons.
vi. One conference room that can accommodate up to twenty -five (25)
persons.
vii. A training /test area that can accommodate up to ten (10) persons
and up to ten (10) personal computers and peripherals.
e. AMCAD and County understand that the pricing and completion schedules
of this Agreement are dependent upon the County performing its
obligations in a timely manner. To the extent that County fails to perform
its obligations under this Agreement in a timely manner, AMCAD shall not
not be held accountable for any reasonably associated delay in performing
its responsibilities under this Agreement. AMCAD will document any
delay precipitated by the County, signed by AMCAD Program Manager, to
County Program Manager. AMCAD shall provide notice to the County if it
anticipates that any delay by the County could result in a modification of
the Project Timeline.
f. f=ollowing Hardware installation and successful startup, County shall
assume responsibility for Hardware, tape back -up, network installation and
maintenance services on the Hardware.
g. County personnel participating in the System training shall be proficient on
Windows, i.e. familiar with drop down menus, mouse navigation, etc.
AMCAD's experience has shown that without such proficiency, the System
training can be disruptive for the other staff and the trainer. Should the
County require Windows user training for staff, AMCAD will provide this
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service a week prior to the start of the System training for an additional
cost.
6.02
h. County and AMCAD will schedule training sessions to be completed in the
time designated in the final Project plan.
AMCAD's General Responsibilities, In addition to the other responsibilities
that AMCAD has under this Agreement, AMCAD has the following
responsibilities:
a. AMCAD agrees that at all times its employees and Subcontractors will
observe and comply with all regulations pertaining to County's facilities
and policies, including but not limited to, internet policy and security
regulations.
b. All County property in the possession or control of AMCAD including, but
not limited to, specifications, Documentation, magnetic media, and
building entry keys and cards will be returned by AMCAD to County on
demand, or at the termination of this Agreement, whichever shall come
first.
C. AMCAD shall not remove, transmit or access any County data,
information, or documents whether in paper or electronic form from
County offices, server, other computer equipment, including USB key, CD,
DVD or any other technology, or for any reason without the advanced
written approval of County Program Manager. Unauthorized disclosure of
data and information, whether intentional or not, may subject AMCAD to
penalty under state law.
ARTICLE VII
PROJECT MANAGEMENT
7.01 AMCAD Program Manager, and other AMCAD Personnel, will attend steering
committee or County Commissioners Court meetings at the request of the
County Program Manager.
7.02 AMCAD recognizes that County has responsibilities and duties pertaining to this
Agreement. Should AMCAD conclude that County is not fulfilling its
responsibilities and duties, AMCAD shall provide documentation to the County
Program Manager or the County Chief Information Officer.
7.03 The Parties agree that time is of the essence for performance of this Agreement.
The Parties agree to provide reasonable turnaround time (to be mutually agreed)
on critical decisions, essential information and approvals which are required to
continue with work in progress or which is critical to meeting a deliverable due
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date. AMCAD expects that a decision will be elevated to the appropriate
management level within County to make a decision in a timely manner.
7.04 To the extent that a delay in the successful completion of a Deliverable results in
a delay in the completion dates of successor Deliverables, as set forth in the
Project Timeline, an extension of the remaining Deliverables' completion dates
may be jointly agreed to by County and AMCAD and the Project Timeline may be
extended accordingly. Such requests for extensions shall contain documentation
of the need for such extension together with supporting data for the entire
adjustment and shall demonstrate that the Party requesting the delay has used
all reasonable means to minimize the delay. Requests for delay shall be
communicated to the Parties immediately upon their discovery.
ARTICLE VIII
PERSONNEL
8.09 AMCAD shall furnish County with the resume of AMCAD Program Manager prior
to execution of this Agreement and shall furnish the resumes of all other key
personnel involved prior to their beginning work on this Project. Key personnel
shall be assigned to perform the Services contemplated under this Agreement
and may not be removed prior to the termination of the Project without the prior
written consent of County. County understands and recognizes that
extraordinary circumstances may arise which necessitate individuals classified as
key personnel to be substituted during the progress of the Project due to
termination, sickness, resignation, or other similar material change in the
employment status of the employee.
8.02 County shall have the right to reject, remove or deny any AMCAD personnel from
working on this Project at any time and for any reason.
8.03 In the event an individual classified as key personnel in the SOW is unable to
complete the Project due to extraordinary circumstances, AMCAD shall replace
the individual with a person of comparable, or superior, background and
experience subject to prior review and written approval by County. AMCAD shall
provide County with the resume of the individuals AMCAD is proposing fill the
position of an individual classified as key personnel that leaves the Project due to
extraordinary circumstances. AMCAD shall replace its personnel at AMCAD's
sole expense. AMCAD shall take full responsibility for knowledge transfer
required for the replacement personnel to assume the position of the replaced
AMCAD employee and for lessening the impact of the loss of the replaced
employee's experience on the Project. It is AMCAD's responsibility for the
.Project Timeline to remain unchanged due to replacement of personnel.
8.04 AMCAD agrees that it will replace personnel, including key personnel, if so
directed by County, in writing, should County make a good faith determination, in
its sole and reasonable discretion, that any individual is incompetent, careless,
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unsuitable or otherwise objectionable, or whose continued use is deemed
contrary to the best interest of County. AMCAD shall provide County with the
resume(s) of the individual or individuals AMCAD is proposing fill the position of
the AMCAD employee being removed from the Project. AMCAD shall take full
responsibility for knowledge transfer required for the replacement personnel to
assume the position of the replaced AMCAD employee and for lessening the
impact of the loss of the replaced employee's experience on the Project and its
effect on the Project Timeline. it is AMCAD's responsibility for the Project
Timeline to remain unchanged due to replacement of personnel.
8.05 AMCAD personnel, including trainers, shall have sufficient knowledge, skill and
expertise to accomplish the requirements stated in this Agreement.
8.06 During the term of the Agreement and for a period of one (1) year following the
termination or expiration of this Agreement, neither Party will, except with the
other Party's prior written consent, solicit or offer employment to an employee of
the other Party who was directly and substantively involved in the provision of
Services under this Agreement. This section shall not restrict the right of either
Party to solicit or recruit generally in the media, and shall not prohibit either Party
from hiring an employee of the other who answers any advertisement or who
otherwise voluntarily applies for hire without having been initially personally
solicited or recruited by the hiring Party.
8.07 Each AMCAD employee or Subcontractor shall complete a Brazos County
criminal background questionnaire. If the employee or Subcontractor falsifies or
omits any information, AMCAD shall not assign the employee or Subcontractor to
this Project.
8.08 If an employee or Subcontractor is arrested during the period he /she is
performing Services on the Project, and AMCAD becomes aware of the arrest,
then it shall inform the County and the County shall, in its sole discretion,
determine whether the employee may continue working on the Project.
8.09 AMCAD agrees that before assigning any person, employee or Subcontractor to
perform Services under this Agreement, it will conduct criminal history searches
on any such person and will provide the results to the County. If the background
check reveals that the person has a criminal history, AMCAD shall not assign the
person to this Project. For the purpose of this Agreement, the term "criminal
history" shall include: convictions, deferred adjudications, pending cases or
investigations, in this state, any other state, or federal jurisdictions of any
misdemeanor or felony which, upon conviction, could result in a term of
confinement in jail or prison.
8.10 Criminal history searches include the following:
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a. Texas criminal history fingerprint -based criminal history background
search through the Texas Department of Public Safety and or Texas
Crime Information Center.
b. Federal Bureau of Investigation fingerprint -based criminal history
background search at the National Crime Information Center; internet -
based searches shall not be used to conduct this background check.
ARTICLE IX
SERVICES TERMS AND CONDITIONS
9.01 The tasks to be performed and the timelines to be adhered to by AMCAD and
County for any Services shall be in accordance with this Agreement.
9.02 Each Party shall accomplish the tasks assigned to such Party in the Statement of
Work and the Exhibits according to the Project Timeline, and to cooperate with
and support the other Party's performance of such tasks, on a timely basis and in
a professional manner.
ARTICLE X
OWNERSHIP
10.01 County and AMCAD agree that AMCAD owns all proprietary rights, including
patent, copyright, trade secret, trademark and other proprietary rights, in and to
the Software and Documents that was developed prior to this Agreement or
outside the scope of this Agreement, including without limitation, code, tools,
software or designs ( "Pre- Existing IP "). Pre- Existing IP includes the corrections,
bug fixes, maintenance releases, enhancements, updates, upgrades or other
modifications made to the Pre - Existing IP that are not developed specifically for
Brazos County pursuant to this Agreement.
10.02 AMCAD shall identify any Third Party Software and, shall, to the extent
necessary to provide the services under this Agreement, assign AMCAD's rights
to utilize the Third Party Software, as well as any accompanying warranty, to
County. AMCAD shall maintain and upgrade as necessary licenses and
maintenance agreements for Third Party Software licenses used in the
performance of the services to be provided under this Agreement. AMCAD shall
not commit the County to the use of any Third Party Software without the consent
of County.
ARTICLE XI
COMPENSATION
11.01 AMCAD agrees to perform all the terms of the Agreement, including perform and
provide all services, deliverables, maintenance for one (1) year, support and
licenses for the amount of THREE MILLION SEVEN HUNDRED TWENTY -
EIGHT THOUSAND FIVE HUNDRED THIRTY -TWO DOLLARS AND NOI100ths
($3,728,532.00) ( "Total Not to Exceed Compensation ").
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11.02 Expenses, including travel expenses, shall not be reimbursed.
11.03 The Total Not to Exceed Compensation includes any state, excise, transactional,
use, privilege, or similar tax imposed by the State of Texas, or federal or other
governmental authority. All freight, packing or shipping charges shall be included
in the Total Not to Exceed Compensation. County shall provide all applicable tax
exemption documents to AMCAD.
11.04 AMCAD agrees and understands that all financial obligations of County provided
for in this Agreement for which current revenue is not available will be contingent
on the availability of appropriated funds to meet said obligations. Neither County,
its officials, employees, attorneys, nor any other individual acting on behalf of
County are authorized to make any representation as to whether any
appropriation will be made by the Brazos County Commissioners Court. The
failure of County to appropriate sufficient funds shall not cause County to be in
default or in breach of this Agreement; provided, however that AMCAD shall
have the right to terminate this Agreement in the event of such failure of County
to appropriate sufficient funds.
11.05 The Software license fee of ONE MILLION SEVEN THOUSAND THREE
HUNDRED THIRTY TWO DOLLARS AND NO /100ths ($1,007,332.00) shall be
invoiced within thirty (30) days of execution of this Agreement.
11.06 Payment Schedule compensation shall not exceed TWO MILLION ONE
HUNDRED THIRTY FOUR THOUSAND THREE HUNDRED NINETY SIX
DOLLARS AND NO /100ths ($2,134,396.00) during the County 2012 fiscal year.
ARTICLE XII
CHANGE ORDER PROCESS
12.01 The Change Order process will be governed by the Scope Management/Change
Control Plan to be mutually agreed upon by both Parties and incorporated in the
SOW at Exhibit D.
ARTICLE XIII
INVOICING AND PAYMENT
13.01 The Parties agree that payments for Deliverables shall be made by County to
AMCAD in accordance with this Agreement and the Payment Schedule
incorporated at Exhibit A.
13.02 Upon County's acceptance of a Deliverable, AMCAD shall submit duplicate
original invoices to County Program Manager for payment. Invoices shall
describe the Services performed and shall specify the Deliverables approved by
County Program Manager. The invoices shall include the total amount invoiced
to date by AMCAD prior to the current invoice. Each invoice received for
payment will be reviewed by County in order to monitor AMCAD for financial
compliance with this Agreement. Invoices submitted by AMCAD in proper form
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shall be paid by County in accordance with the provisions of Chapter 2251 of the
Texas Government Code unless otherwise specified in the Agreement. Invoices
from AMCAD shall be accompanied by an invoice verification email to be
acknowledged and returned to AMCAD by County upon receipt verifying that the
information on the invoice is accurate and that the milestones indicated on the
invoice have been met.
13.03 County shall not be obligated to make any payment (whether a payment for a
Deliverable, Change Order, or the final payment) to AMCAD hereunder if any
one or more of the following conditions exist prior to payment:
a. AMCAD is in material breach under this Agreement; or,
b. The payment is for a Deliverable or Change Order which has not been
successfully tested and accepted by County in accordance with the
procedure to be set out in the SOW - Exhibit D.
13.04 If County determines that funds paid by County to AMCAD were unearned,
AMCAD shall pay County for the unearned funds within thirty (30) days of
receiving written notice from County.
13.05 AMCAD shall timely pay all invoices of Subcontractors and third parties unless
there is a good faith basis for rejecting or questioning the invoice. Upon request
by the County, AMCAD shall provide documentary evidence of its compliance
with this section.
13.06 County shall withhold five percent (5 %) of the cost of the project, excluding
license and maintenance invoices as agreed to and incorporated in the Payment
Schedule - Exhibit A. ( "Retainage "). Retainage shall be withheld from each
invoice paid by the County to AMCAD. Upon final acceptance of the project by
County and assurance that no payments remain outstanding to subcontractors,
suppliers or employees of AMCAD, AMCAD may request the payment of the
retainage. AMCAD shall submit a written release from all liens and an affidavit
that all indebtedness incurred as a result of this project has been paid by
AMCAD. Upon its satisfaction that the terms of 13.06 have been met, County
shall pay Retainage within forty -five (45) days of the request for payment.
ARTICLE XIV
ACCEPTANCE TESTING
14.01 County and AMCAD shall abide by the acceptance testing requirements to be
mutually agreed upon by both Parties and detailed in Exhibit D.
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ARTICLE XV
STIPULATIONS
15.01 The County Program Manager will coordinate and manage all necessary County
resources. This County Program Manager will have signature authority for the
acceptance of deliverables on behalf of the County.
15.02 County appoints County Judge Duane Peters as its executive project sponsor
( "Executive Project Sponsor "). The Executive Project Sponsor will make
decisions appropriately, and in a timely manner, among multiple stakeholders as
Hone common voice" to AMCAD.
15.03 County will provide and maintain a continuity of key subject matter experts who
can manage and decide upon possible business process changes as the Project
necessitates.
15.04 County will have an organizational change management resource to coordinate
internal efforts for any County organizational and business process changes that
may occur within the respective participating agencies due to this
implementation.
15.05 County IT personnel will perform configuration on IJIS code tables including but
not limited to users, security rights, added value tables, and person information.
AMCAD will provide configuration training and configuration assistance.
However, County will be responsible for the configuration data entry task and
final validation of configuration information.
15.06 County will make available to AMCAD personnel, database administrators
competent with the current legacy justice system and its data.
15.07 County shall deliver the required documented business process workflows to
AMCAD no later than ten (10) days in advance of Gap /JAD sessions.
15.08 AMCAD and County have engaged in a partnership to deliver to County the
AMCAD IJIS System as developed by AMCAD for the Texas Jurisdictions; and in
consideration of County accepting the baseline AMCAD Texas IJIS System,
AMCAD has discounted the software customization pricing in this offering.
Therefore, should any unidentified customizations surface during the execution of
this Agreement, AMCAD and County agree to follow the change control process
in Exhibit D. The change control process also may identify further
customizations as no cost changes - so this could keep the spirit of the original
intent intact.
15.09 AMCAD will facilitate gap analysis and design sessions resulting in a System
design document. All requested system modifications not contained in the
System design document or deviations from the approved System design
document will be subject to the Change Control rocess.
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15.10 AMCAD project staff, including project managers, business analysts, etc., will
conduct project related tasks remotely via mediums such as video /teleconference
and remote access for approximately forty percent (40 %) of the Project.
15.11 End -User Training is paramount to Project success. As such, AMCAD has
allotted 1,600 hours of training. AMCAD will coordinate with County during the
preparation of a training plan to determine precisely how these hours are best
utilized. Additional requested trainer time beyond the allotted amount on a time
and material basis.
15.12 Interfaces will be limited to those stated in the RFP and the option of interfacing
to the existing RMS system. County may, at its discretion, choose to engage
AMCAD in development of additional interfaces on a time and material basis.
15.13 AMCAD has provided an additional pricing option for data and image conversion
services. The option includes 1,500 hours of conversion services. County may,
at its discretion, choose to engage AMCAD in additional conversion services on a
time and material basis. On a monthly basis, AMCAD will provide the amount of
conversion services time remaining. AMCAD will require from County current
CJIS data documentation such as legacy data dictionaries, data user analysis,
data definition, legacy data sources, and business meaning quality and
availability.
15.14 County will deliver to AMCAD source data in a SQL. RL Staging Database to be
used for creation of Baseline Conversion Scripts on the date stipulated within the
Project Timeline.
15.15 County will provide to AMCAD, source database documentation.
15.16 County will participate in data conversion validation as deemed necessary by
AMCAD. Conversions are iterative starting with the most basic data first and
finishing with the most complicated.
15.17 AMCAD will not perform data cleansing activities. County will be responsible for
verifying the quality and accuracy of the data prior to delivering it to AMCAD for
conversion activities.
15.18 AMCAD performs a significant portion of our data conversion services remotely.
County shall provide and maintain an adequate communication infrastructure to
allow AMCAD to support the implementation and facilitate data conversation
services, on a remote basis. This communication infrastructure must include a
VPN (Virtual Private Network) connection to the County network. This VPN
connection shall be compatible with the industry standard Cisco VPN Client or
the Microsoft Windows client VPN. VPN and leased lines will allow multiple
AMCAD personnel to work on key project tasks simultaneously. AMCAD data
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conversion personnel will use this remote access to receive the data extraction
files in the required format allowing AMCAD personnel to perform data
conversion work remotely on the County servers. This remote access will be
used throughout the project by other AMCAD departments, such as Software
Maintenance and Support personnel.
15.19 Hardware costs have been removed from the quote. County will procure
hardware based upon AMCAD recommended hardware specifications to run the
IJIS system effectively.
15.20 County is responsible for equipment (particularly servers and DNS), tape back -up
and network installation services.
15.21 County personnel participating in the system training shall be proficient on
Windows, i.e. familiar with drop down menus, mouse navigation, etc. Should the
County require Windows user training for staff, AMCAD can provide this service
a week prior to the start of training for an additional cost to be determined.
15.22 County agrees to permit AMCAD personnel access to County employees,
County facilities, and records necessary, to permit the analyses described in the
proposed preliminary project plan. AMCAD agrees to fully abide by any and all
of the County security and confidentiality requirements.
15.23 County will perform its obligations and render the assistance described in this
proposal in a timely manner and in a manner as to adhere to the final schedule.
In the event that AMCAD is delayed or prevented from performing its obligations,
to the extent that the delay is caused by factors beyond the reasonable control of
AMCAD, including without limitation, the inability of the County to perform its
responsibilities in a timely manner, AMCAD will be entitled to an equitable
adjustment in the timetable and compensation as set forth in the Agreement.
15.24 County will have appropriate staff members attend and participate in the training
sessions as to allow the training sessions to be completed in the time designated
in the final Project plan.
15.25 County shall provide all information, data and documentation required by
AMCAD to deliver the services, products and system. With respect to any
software, documentation, interfaces, data or specifications supplied by the
County, the County warrants to AMCAD that it has the right to use and to
disclose to AMCAD all County information so provided for the duration of the
Project.
ARTICLE XVI
WARRANTIES
16.01 AMCAD will warrant its product as follows:
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a. Materials and Workmanship. The system delivered under this Agreement will
conform to all requirements of materials and workmanship specified in this
Agreement.
b. Design and Manufacture. The system delivered under this Agreement will
conform to all design and manufacturing requirements specified in this
Agreement.
c. Essential Performance. The system delivered under this Agreement will
conform to the Essential Performance Requirements set forth in Exhibit D
Statement of Work of this Agreement, as those Essential Performance
Requirements measured, tested, and verified by the tests and procedures set.
forth in this Agreement.
16.02 AMCAD hereby represents and warrants to County that the Services shall be
performed by qualified personnel in a professional and workmanlike manner in
accordance with professional standards expected of any company performing
similar services in the United States, and all Documentation and Deliverables
created and produced hereunder shall reflect those same standards of quality.
AMCAD also warrants that upon completion of the Services stated in this
Agreement, the Software will function according to the system specification to be
detailed in the SOW and Software Design Document, Change Orders, and this
Agreement.
16.03 The warranties specified above do not cover damage, defect, malfunction or
failure caused by: (a) the failure of County to follow AMCAD's written installation,
operation, or maintenance instructions supplied in advance to County; (b)
County's abuse, misuse or negligent acts; (c) power failure or surges, lightening,
fire, flood, accident, actions of third parties, and other events outside AMCAD's
reasonable control; or (d) an improper operating environment for the Brazos
County Integrated Justice System resulting from insufficient electrical and /or
telecommunications connections.
16.04 AMCAD warrants and represents that the Software does not contain any
computer code intentionally designed to disrupt, disable, harm, or otherwise
impede, in any manner, including disruptions or distortions, the operation of the
System, or any other associated data, software, hardware, computer or network.
AMCAD further warrants that it has good and valuable title to the Software and
Documents.
16.05 Additional Representations and Warranties:
a. AMCAD warrants and represents that it has not employed or retained any
company or person other than bona fide employees working solely for
AMCAD to solicit or secure this Agreement, and that it has not for the
purpose of soliciting or securing this Agreement paid, or agreed to pay,
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any company or person, other than a bona fide employee working solely
for AMCAD, any fee, commission, percentage, brokerage fee, gift, or any
other consideration, contingent upon or resulting from the award or
making of this Agreement.
b. AMCAD warrants and represents that AMCAD is a Virginia company, in
good standing under the laws of the State of Texas, is qualified in all other
states in which it conducts business and is in good standing in such states,
has all power and authority to conduct its business as presently
conducted, and does business as AMCAD.
C. AMCAD warrants and represents that there are no lawsuits or
administrative actions pending in any court or before any administrative
body against AMCAD. AMCAD further warrants and represents that it is
not aware of any threatened or unasserted claims or assessments of any
nature against AMCAD.
d. AMCAD warrants and represents that it is not aware of any conflicts of
interest that will, or could, affect in any manner its ability to perform the
Services under this Agreement or to license the Software to the County.
e. Each Party warrants and represents that: (a) it has the power and authority
to enter into and perform this Agreement; and (b) this Agreement, when
executed and delivered, shall be a valid and binding obligation of such Party
enforceable in accordance with its terms.
AMCAD warrants that there is no Third Party Software within its Software
for which AMCAD has not licensed or otherwise obtained rights to use or
distribute.
g. AMCAD represents that it is financially capable of completing this work,
has no current offers to sell or merge the company, is not actively being
marketed for sale or merger and has no offers to buy or merge the
company currently under consideration, and is not considering bankruptcy.
h. AMCAD has no knowledge that any of its key personnel or officers are
leaving the company prior to the anticipated completion of this Project.
AMCAD warrants that it is in compliance with the laws and regulations of
the Internal Revenue Service and any local Texas property taxes.
ARTICLE XVII
MAINTENANCE AND SUPPORT
17.01 AMCAD shall provide support for the Software as described in Exhibit C — the
Software Maintenance & Update Agreement.
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17.02 AMCAD is not responsible for purchasing software maintenance and update
agreements with Third Party Software and Hardware vendors for the System at
County's expense.
ARTICLE XVIII
STATUTORY CHANGES
18.01 If state statutory changes are made which require update(s) to software provided;
AMCAD includes in Exhibit C — the Software Maintenance & Update Agreement,
the changing to System configuration and user defined tables available through
the System Administration table maintenance. Changes to documents and forms
that can be configured through the system by court users are not covered by this
Agreement or Exhibit C — the Software Maintenance & Update Agreement.
18.02 AMCAD will additionally provide up to 200 hours of support, per legislative
session(s), for such state statute changes. Any additional hours required for
statute changes will be chargeable at the hourly rates discussed in this
Agreement and Exhibits. Any other alterations to the system as a result of state
statute changes can be provided to the County, via an addendum, at the hourly
rates included in Exhibit C — the Software Maintenance & Update Agreement.
AMCAD will make every attempt to complete the changes as quickly as possible,
but will require that a minimum of sixty (60) days be allowed for completion of
statutory changes.
18.03 AMCAD also reserves the right to charge, at the hourly rates provided for in
Exhibit C — the Software Maintenance & Update Agreement, for changes to a
state statute, that require AMCAD to either change the specifications of the
alterations to the system or revert back to a previous configuration, that are made
after the specifications to comply with the state statute are agreed on by AMCAD
and the County.
ARTICLE XIX
RESERVED
ARTICLE XX
INDEPENDENT CONTRACTOR STATUS AND SUBCONTRACTORS
20.01 In performing the Services under this Agreement, AMCAD acts, and is, an
independent contractor, and no provision of this Agreement will be construed as
making AMCAD the agent, servant, or employee of County. AMCAD personnel
(including contract personnel hired by AMCAD) performing the Services under
this Agreement shall at all times be under AMCAD's exclusive direction and
control and AMCAD's employees and agents have no employer- employee
relationship with County. AMCAD shall be fully liable for all acts and omissions of
its employees and shall be specifically responsible for sufficient supervision to
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assure compliance with the Agreement requirements. No provision of this
Agreement shall be for the benefit of any party except County and AMCAD.
20.02 AMCAD shall secure County's written approval before subcontracting with any
company to provide Services and Deliverables under this Agreement. The award
of a subcontract by AMCAD, which is approved by County, in no manner limits or
lessens the obligations of AMCAD as provided under the terms and conditions of
this Agreement. AMCAD shall be fully liable for its Subcontractors' errors, acts or
omissions, whether intentional, reckless, or negligent. AMCAD's agreements
with its Subcontractors shall contain necessary clauses whereby the
Subcontractor acknowledges the obligations under this Agreement and agrees to
comply with all applicable provisions of this Agreement in the provision of its
Services.
20.03 County shall have the right to require AMCAD to replace any Subcontractor
found, in the opinion of County, to be incompetent, unqualified, careless,
unsuitable or whose continued use is deemed contrary to the best interests of
County.
ARTICLE XXI
INDEMNIFICATION
29.01 AMCAD SHALL, AND DOES, HEREBY AGREE TO INDEMNIFY, DEFEND,
AND HOLD COUNTY AND ITS OFFICIALS, EMPLOYEES, AGENTS, AND
REPRESENTATIVES (EACH AN "INDEMNIFIED PERSON ") HARMLESS
FROM, AND AGAINST, ANY AND ALL LOSS, LIABILITY, OBLIGATION,
DAMAGE, PENALTY, JUDGMENT, CLAIM, DEFICIENCY, AND EXPENSE OF
ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INTEREST,
PENALTIES, REASONABLE ATTORNEYS' FEES, AND AMOUNTS PAID IN
SETTLEMENT) RESULTING FROM A THIRD PARTY CLAIM TO WHICH ANY
INDEMNIFIED PERSON MAY BECOME SUBJECT UNDER THIS
AGREEMENT ARISING BY, OR THROUGH, SERVICES TO BE PERFORMED
BY AMCAD UNDER THIS AGREEMENT, INCLUDING, WITHOUT
LIMITATION, ANY AND ALL CLAIMS ARISING FROM, OR IN CONNECTION
WITH;
A. ANY BREACH OR DEFAULT OF AMCAD, OR ITS
SUBCONTRACTORS, IN THE PERFORMANCE OF ANY
COVENANT OR SERVICE TO BE PERFORMED PURSUANT TO
THE TERMS HEREOF;
B. ANY NEGLIGENT ACT OR ERROR OR OMISSION OF AMCAD,
OR ANY OF ITS EMPLOYEES, PARTNERS, AGENTS,
SUBCONTRACTORS, OR OTHER PERSONS FOR WHOM
AMCAD IS LEGALLY LIABLE;
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C. ANY CLAIM OR LOSS BY ANY PERSON INJURED OR
PROPERTY DAMAGED BY THE INTENTIONAL, NEGLIGENT
ACTS, ERRORS OR OMISSIONS OF AMCAD, ITS EMPLOYEES,
PARTNERS, AGENTS, SUBCONTRACTORS, OR OTHER
PERSONS FOR WHOM AMCAD IS LEGALLY LIABLE IN THE
PERFORMANCE OF THIS AGREEMENT;
D. THE REMOVAL AND REPLACEMENT, AT THE REQUEST OF
COUNTY FOR LAWFUL REASONS, OF ANY AMCAD
EMPLOYEE OR CONTRACT EMPLOYEE PERFORMING
SERVICES HEREUNDER.
21.02 NOTHING IN THIS PROVISION SHALL BE DEEMED TO IMPOSE LIABILITY
ON AMCAD TO INDEMNIFY COUNTY WHEN COUNTY'S NEGLIGENCE, OR
OTHER ACTIONABLE FAULT, IS THE CAUSE OF SUCH LIABILITY,
INCLUDING, BUT NOT LIMITED TO, ERROR, OMISSION, NEGLIGENCE, OR
MISUSE OF THE SOFTWARE ON THE PART OF COUNTY, ITS OFFICIALS,
EMPLOYEES, AGENTS, AND REPRESENTATIVES USING THE SOFTWARE.
21.03 THE PARTIES AGREE TO PROVIDE PROMPT NOTICE TO THE OTHER
PARTY OF ANY CLAIM WHICH RELATES TO OR ARISES OUT OF THE
PROVISION OF SERVICES UNDER THIS AGREEMENT.
21.04 PATENT COPYRIGHT TRADEMARK AND TRADE SECRET
INFRINGEMENT. AMCAD AGREES TO, AND SHALL, RELEASE AND
DEFEND, INDEMNIFY, AND HOLD HARMLESS COUNTY, ITS AGENTS,
EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (EACH AN
"INDEMNIFIED PERSON ") FROM ALL CLAIMS OR CAUSES OF ACTION
BROUGHT BY ANY PARTY, INCLUDING AMCAD, ALLEGING THAT THE
USE OF ANY EQUIPMENT, SOFTWARE, PROCESS, OR DOCUMENTS
AMCAD OR SUBCONTRACTOR FURNISHES DURING THE TERM OF THIS
AGREEMENT INFRINGES ON A PATENT, COPYRIGHT, OR TRADEMARK,
OR MISAPPROPRIATES A TRADE SECRET. AMCAD SHALL PAY ALL
COSTS INCLUDING ATTORNEYS' FEES, COURT COSTS, AND ALL OTHER
DEFENSE COSTS, AND INTEREST AND DAMAGES. HOWEVER, AMCAD
SHALL HAVE NO OBLIGATION TO INDEMNIFY TO THE EXTENT SUCH A
CLAIM ARISES FROM MISUSE OR UNAUTHORIZED USE OF AN ITEM
PROVIDED HEREUNDER. AMCAD SHALL NOT SETTLE ANY CLAIM ON
TERMS WHICH PREVENT USE OF THE EQUIPMENT, SOFTWARE,
PROCESS, AND DOCUMENTS WITHOUT COUNTY'S PRIOR WRITTEN
CONSENT. WITHIN SIXTY (60) DAYS AFTER BEING NOTIFIED OF THE
CLAIM, AMCAD SHALL, AT ITS OWN EXPENSE, EITHER: (A) OBTAIN FOR
ITSELF OR COUNTY THE RIGHT TO CONTINUE USING THE EQUIPMENT,
SOFTWARE, PROCESS, AND DOCUMENTS OR; (B) IF THE PARTIES
AGREE, REPLACE OR MODIFY THEM WITH COMPATIBLE AND
FUNCTIONALLY EQUIVALENT PRODUCTS. IF NONE OF THESE
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ALTERNATIVES IS REASONABLY AVAILABLE, COUNTY MAY RETURN
THE EQUIPMENT, SOFTWARE, OR DOCUMENTS, OR DISCONTINUE USE
OF THE PROCESS, AND AMCAD SHALL REFUND THE AMOUNT PAID BY
COUNTY FOR SUCH ITEMS.
21.05 The obligations stated in this Article survive the termination or expiration of this
Agreement.
ARTICLE XXII
INSURANCE REQUIREMENTS
22.01 AMCAD and Subcontractors shall procure, pay for, and maintain, with approved
insurance carriers, the minimum insurance requirements set forth below.
a. Commercial general liability insurance of TWO MILLION DOLLARS AND
NO1100ths ($2,000,000.00), aggregate coverage, with ONE MILLION
DOLLARS AND NO /100ths ($1,000,000.00) for bodily injury, each
occurrence, and ONE MILLION DOLLARS AND NO /100ths
($1,000,000.00) for property damage, each occurrence.
b. Automobile liability insurance (hired /non- owned /auto liability) of ONE
MILLION DOLLARS AND NO /100ths ($1,000,000.00), aggregate
coverage, with FIVE HUNDRED THOUSAND DOLLARS AND NO /100ths
($500,000.00) for bodily injury, each occurrence, and FIVE HUNDRED
THOUSAND DOLLARS AND NO /100ths ($500,000.00) for property
damage, each occurrence.
C. Excess liability policy (umbrella form) with TWO MILLION DOLLARS AND
NO /100ths ($2,000,000.00) of aggregate coverage.
d. Professional Liability Errors and Omissions insurance of THREE MILLION
DOLLARS AND NO /100ths ($3,000,000.00) per claim and THREE
MILLION DOLLARS AND NO /100ths ($3,000,000.00) aggregate. The
policy shall have an Extended Reporting Period (or tail coverage)
extending for a minimum of two (2) years following immediately upon the
effective date of the policy expiration.
e. Statutory worker's compensation insurance for all employees of AMCAD,
with a waiver of subrogation in favor of County.
f. AMCAD shall provide County with the Certificates of Insurance and
endorsements prior to approval of this Agreement by Brazos County
Commissioners Court evidencing that the stated coverages have been
obtained and County has been named as an additional insured on the
commercial general liability insurance coverage, the automobile liability
insurance coverage (hired /non -owned /auto liability), and the excess
liability policy. AMCAD shall provide an endorsement from its insurer
confirming that County has the added protection as an additional insured.
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22.02 When there is a cancellation, non - renewal or material change in coverage which
is not made pursuant to a request by County, AMCAD shall notify County of such
and shall give such notices not less than forty -five (45) days prior to the change.
Such notice must be accompanied by a replacement Certificate of Insurance. All
notices shall be given to County at the following address:
Brazos County Risk Manager
Brazos County Auditor's Office
200 South Texas Ave., Bryan, Texas 77803
22.03 If AMCAD fails to maintain the aforementioned insurance, or fails to secure and
maintain the aforementioned endorsements, County may obtain such insurance
and deduct and retain the amount of the premiums for such insurance from any
compensation or sums due under this Agreement; however, procuring of said
insurance by County is not an alternative to other remedies County may have,
and is not the exclusive remedy for the failure of AMCAD to maintain said
insurance or secure such endorsement. In addition to any other remedies,
County may have, upon AMCAD's failure to provide and maintain any insurance
or policy endorsements to the extent and within the time limits herein required,
the right to order AMCAD to stop work hereunder, and/or withhold any
payment(s) which become due to AMCAD hereunder until AMCAD demonstrates
compliance with the requirements hereof.
22.04 It is agreed that AMCAD's insurance shall be deemed primary with respect to any
insurance or self insurance carried by County for liability of AMCAD arising out of
operation under this Agreement.
22.05 AMCAD, and its Subcontractors, shall be responsible for all premiums and
deductibles under their respective insurance policies required in this Article. The
insurance company(ies) issuing the policy or policies shall have no recourse
against County for payment of any premiums or for assessments under any form
of policy.
22.06 Special Conditions - Concerning insurance to be furnished by AMCAD, it is a
condition precedent to acceptability thereof that.
a. Any policy submitted shall not be subject to limitations, conditions or
restrictions deemed inconsistent with the intent of the insurance
requirements to be fulfilled by AMCAD in this Article. AMCAD represents
that the insurance policies maintained by AMCAD during the term of this
Agreement will not contain any exclusion which would prevent County
from claiming under such policies as an additional insured.
b. Approval, disapproval or failure to act by County regarding any insurance
supplied by AMCAD shall not relieve AMCAD of full responsibility or
liability for damages and accidents as set forth herein. Neither shall the
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Vol. ` 54 Pg.
bankruptcy, insolvency or denial of liability by the insurance company
exonerate AMCAD from liability.
22.07 When requested by County, copies of any of the policies must be furnished to
County. All Certificates of Insurance shall indicate the A.M. Best Company rating
of the insurance company. A minimum rating of "A -" is required and must be
written through a company licensed and authorized to do business in the State of
Texas by the Texas Department of Insurance.
22.08 Insurers shall have no right of recovery or subrogation against County in that it
being the intention of the Parties that insurance policies so effected shall protect
both Parties and be primary coverage for any and all losses covered by the
above described insurance.
22.09 The obligations stated in this Article survive the termination or expiration of this
Agreement and continue so long as the County contracts with AMCAD for
Software maintenance and support services.
ARTICLE XXI11
ESCROW AGREEMENT
23.01 AMCAD shall maintain the deposited material with Iron Mountain or other
nationally recognized bank, trust company or escrow company selected by
County ( "Escrow Agent "), under the terms of the escrow agreement.
ARTICLE XXIV
PROPRIETARY INFORMATION
24.01 County shall keep the Software and Documents owned by AMCAD free and
clear of all claims, liens and other encumbrances, except only those of AMCAD,
and any act of County, voluntary or involuntary, which purports to create a claim, lien
or encumbrance on the Software and Documents, or any part thereof, shall be
void.
24.02 County agrees that it will not, without the prior written consent of AMCAD: (1)
sell, lease, loan, license, sub - license, assign or transfer, for or without
consideration, all or any part of the Software and Documents owned by AMCAD, to
any person or entity; (2) copy, reproduce or otherwise duplicate all or any part of
the Software and Documents owned by AMCAD other than in connection with
the use by County, as expressly permitted hereunder; or (3) create, or attempt to
create, or knowingly permit, others to create or attempt to create, by reverse
engineering or otherwise, all or any part of the source code owned by AMCAD.
24.03 Proprietary information shall be and remain the property of the originating Party or
the Party entitled to ownership pursuant to this Agreement and the other Party
specifically waives and releases any proprietary rights or ownership claims
therein.
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ARTICLE XXV
CONFIDENTIAL INFORMATION
25.01 Confidential information includes software code, Documentation, User ID and
passwords, financial information, personal information contained in County's
databases, including criminal histories and identifying data, and information
that is confidential by law ( "Confidential Information ").
25.02 All reports and other documents produced under this Agreement, if any, shall
be delivered to the originating Party upon written request at the termination of
this Agreement, or earlier upon written request by the originating Party. Each
Party will deliver all of the other Party's Confidential Information to the other Party
upon request and, in any event, upon the completion of all Services hereunder,
or the termination or expiration of this Agreement, whichever occurs first, and will be
fully responsible for the care and protection thereof until such delivery.
25.03 The Parties agree that all Confidential Information shall be retained by both Parties
in strict confidence, and that the proprietary information shall not be sold, licensed,
transferred, disclosed, published, communicated or otherwise made available to
any person or entity not a party to this Agreement by either Party or their respective
officers, directors, partners, employees, affiliates, Subcontractors, agents or
representatives (collectively, "representatives ") without the prior written approval of
the originating Party. Confidential Information shall not be used by either Party for
its own benefit or the benefit of any third party without the prior written approval of
the other Party. The receiving Party shall use the same degree of care for the
originating Party's Confidential Information that it uses for its own Confidential
Information, but in no event with less than reasonable care.
25.04 Confidential Information shall not include information that: (i) is or becomes
generally known or available to the public at large other than as a result of a
breach by the receiving Party of any obligation to the originating Party; (ii) was
known to the receiving Party free of any obligation of confidence prior to
disclosure by the originating Party; (iii) is disclosed to the receiving Party on a
non - confidential basis by a third party who did not owe an obligation of
confidence to the originating Party; or (iv) is developed by the receiving Party
independently of and without reference to any part of the Confidential
Information. Confidential Information shall not be deemed to be in the public
domain or generally known or available to the public merely because any part of
said information is embodied in general disclosures or because individual
features, components or combinations thereof are now or become known to the
public. County will promptly notify AMCAD of any requests for the disclosure of
any Confidential Information.
25.05 AMCAD agrees that it will obtain the written agreement to comply with the terms
of this Article, from any third party with which AMCAD contracts to perform any of
the Services hereunder, and AMCAD agrees that it shall be liable to County for the
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violation by any such third party of the terms of this Article. The terms of this
Article will survive the termination of this Agreement.
25.06 AMCAD understands that the County is subject to various open government laws
and understands that the County may be required to deliver information to the
Texas Attorney General for determination of its availability to public review.
ARTICLE XXVI
SUSPENSION
26.01 County shall have the right to suspend all work or a portion of the work under this
Agreement for any reason at any time for a period not to exceed ninety (90)
days.
ARTICLE XXVII
DEFAULT REMEDIES AND TERMINATION OF AGREEMENT
27.01 Either Party shall have the right to terminate this Agreement for cause if the other
Party:
a. breaches any of its material duties or obligations under this Agreement
which breach is not cured, if curable, within the time period specified in the
written notice of breach from the non - breaching Party to the breaching
Party describing the alleged breach in reasonable detail and containing a
reference to this Article, such time period to be at least thirty (30) days;
provided, however, if such breach does not involve the payment of any
amounts to AMCAD and is of a nature that can be cured but not within a
thirty (30) day cure period and the breaching Party has commenced
significant efforts to cure such breach within such thirty (30) day cure
period, this Agreement shall not terminate so long as the breaching Party
continues to diligently pursue the completion of such cure. The right to
terminate this Agreement under this Section is in addition to all available
remedies at law or in equity;
b. commits numerous breaches of its duties or obligations which, in the sole
but good faith of the non - breaching Party, constitute in the aggregate a
material breach under this Agreement and fails to cease committing
breaches of its duties or obligations after receiving a written warning from
the non - breaching Party advising of its intent to terminate this Agreement
for cause if the breaching Party commits any further breaches;
C. fails in its performance of its obligations or the observance of the
covenants under this Agreement or if any representation or warranty
stated in this Agreement is false; or
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d. institutes, or has instituted against it, insolvency, receivership or
bankruptcy proceedings, makes an assignment for the benefit of creditors,
or ceases doing business on a regular basis.
27.02 Notwithstanding Section 27.01 hereinabove, County may terminate this
Agreement, in whole or in part, at any time and for any reason without penalty
upon at least ninety (90) days prior written notice of termination to AMCAD
specifying the effective date of the termination.
27.03 In the event of default or termination based on events in accordance with this
Article, AMCAD shall, upon written notice, unless otherwise directed by County,
stop work on the date specified in the notice (the "Effective Date of Termination ").
In addition, AMCAD shall take commercially reasonable steps to mitigate and
minimize termination costs including the immediate issuance of stop work orders,
in writing, to Subcontractors. AMCAD shall take such action as may be
necessary in order to protect and preserve County's property, to cancel all
orders, and to assign to County and deliver to a location(s) designated by County
all orders that cannot be cancelled and that are not capable of use except in the
performance of the Agreement and that have been specifically developed for the
sole purpose of this Agreement. Except as provided herein, AMCAD shall take
no action after receipt of the notice of termination which would increase the
amounts payable by County under this Agreement. AMCAD shall promptly
deliver to County, in a manner reasonably specified by County, all partially
completed Deliverables together with all documents and other tangible items
furnished by, or owned, leased, or licensed by County.
27.04 The remedies contained in this Article shall be cumulative of, and in addition to,
all other rights and remedies available to County or AMCAD under this
Agreement, by operation of law or otherwise.
27.05 If County terminates this Agreement prior to its expiration, then County shall pay
AMCAD for each completed Deliverable (including the retainage associated with
the invoice) and any partially completed Deliverable, delivered, and accepted by
the County prior to the Effective Date of Termination; provided, however, that if
such termination is for cause in accordance with Section 27.01 hereinabove, then
County shall have the right to refuse to accept and not pay for any partially
completed Deliverable, as well as offset any amounts due AMCAD by the
amounts of any damages for which AMCAD is liable in accordance with the
terms of this Agreement. Within thirty (30) days from the Effective Date of
Termination of this Agreement, AMCAD shall submit an invoice (including any
retainage amount) showing in detail the compensation to which AMCAD may be
entitled to under this Agreement prior to the Effective Date of Termination which
has not been previously invoiced by AMCAD to County.
27.06 Upon termination of this Agreement, neither Party hereunder will have any further
obligations to any other except for the payment of compensation earned prior to
the Effective Date of Termination and previously un- billed; any liability for any
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`Vol. _—
breach of this Agreement occurring prior to termination; and any provisions of
this Agreement which survive the termination hereof.
27.07 Continuation of the Agreement is subject to the availability of funds. If funds to
effect continued payment are not available, County may terminate the Agreement
in whole or in part without penalty by giving AMCAD thirty (30) days written
notice of such termination. County agrees to notify AMCAD promptly when it
appears certain that the necessary funding or authorizations shall not be
obtained.
ARTICLE XXVIII
AUDIT
28.01 County, with reasonable notice to AMCAD, shall have the right to audit, at
County's expense, the Agreement - related records and associated documents of
AMCAD. Such right to audit shall be for the determination of the accuracy and
validity of AMCAD's billings to County and for verifying compliance with other
terms and conditions of the Agreement.
28.02 AMCAD understands that acceptance of funds under this Agreement acts as
acceptance of the authority of the County Auditor's Office, or its designated
representatives, to conduct an audit or investigation in connection with those
funds. AMCAD further agrees to cooperate fully with the County Auditor's Office,
or its designated representatives, in the conduct of the audit or investigation,
including providing all relevant records requested in connection with those funds.
28.03 AMCAD shall retain and make available to County all financial records,
supporting documents, statistical records, and all other records pertinent to the
Agreement or required to be kept by law, rule or regulation, or to document
performance of the Services specified in this Agreement, for a minimum of three
(3) years beyond the termination of this Agreement, or until any pending
litigation, claim, audit or review and all questions arising there from have been
resolved. AMCAD shall make available for County's inspection, all contractual
agreements with MiICAD's Subcontractors for services related to this Agreement
if County has* reasonable suspicion of noncompliance by AMCAD with the terms
of this Agreement or if County becomes involved in a claim or lawsuit that
involves work performed by a Subcontractor. This provision is subject to the
confidential obligations in such Subcontractors' contracts unless compelled by a
court of competent jurisdiction.
ARTICLE XXIX
NOTICES AND ADDRESSES
29.01 All notices provided to be given under this Agreement shall be in writing and shall
either be personally served, documented with written receipt, or given by certified
mail or registered mail, return receipt requested, postage prepaid and addressed
to the proper Party at the address which appears below, or at such other address
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as the Parties may designate in accordance with this Article. All notices given by
mail shall be considered to have been given at the time of deposit in the United
States mail and shall be effective from such date.
If to County: Brazos County Purchasing Agent
Wm. Charles Wendt
200 S. Texas Ave., Suite 352
Bryan, Texas 77803
With copy to: Brazos County Chief Information Officer
Eric V. Caldwell
Bryan, Texas
If to AMCAD: AMERICAN CADASTRE, LLC
Mr. Michael B. Battaglia
Senior Vice President of Contracts
220 Spring Street, Suite 150
Herndon, VA 20170
With copy to AMERICAN CADASTRE, LLC
Mahesh Rengaswamy
Chief Operations Officer
220, Spring Street, Suite 150
Herndon, VA 20170
ARTICLE XXX
LAW GOVERNING
30.01 This Agreement and all claims, disputes, or other matters in controversy between
AMCAD and County will be governed by, and construed in accordance with, the
substantive and procedural laws of the State of Texas, and exclusive venue for
any proceeding shall be in Brazos County, Texas.
ARTICLE XXXI
ARBITRATION
31.01 It is understood and agreed that County will not be subject to arbitration.
ARTICLE XXXII
SEVERABILITY
32.01 If any provision of this Agreement is held invalid, illegal, or unenforceable, the
remainder of the Agreement shall remain valid and enforceable and shall be
construed to conform to the intent of the Parties.
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ARTICLE XXXIII
SURVIVAL
33.01 Any provision of this Agreement that imposes continuing obligations on the
Parties including, but not limited to, license, indemnity, insurance and
confidentiality obligations, shall survive the expiration or termination of the
Agreement.
ARTICLE XXXIV
AMENDMENT
34.01 No amendment, modification, or alteration of the terms of this Agreement will be
binding unless same is in writing, dated subsequent to the date of this
Agreement, and is duly executed by County and AMCAD.
ARTICLE XXXV
ASSIGNMENT, MERGER, AND CHANGE OF OWNERSHIP
35.01 AMCAD shall not assign, or otherwise transfer, voluntarily or involuntarily,
whether by merger, conversion, exchange of interest, consolidation, dissolution,
operation of law or any other manner, any of its rights, duties and /or obligations
arising out of this Agreement without the prior written consent of the County. Any
attempt to assign, merge or other transfer without such consent shall be void.
Any assignment, merger or transfer of obligation to third party shall not relieve
AMCAD of its obligation under this Agreement. In the event that County
approves an assignment or any type of transfer, such approval will be
conditioned on the transferee agreeing to assume, perform, and be bound by the
covenants, conditions, and obligations contained in this Agreement. If AMCAD
breaches this section, County may terminate this Agreement under 27.01.
35.02 AMCAD shall not sell, assign, or otherwise transfer any of its intellectual
property without the prior written consent of the County. Any attempt to assign or
otherwise transfer without such consent shall be void. If AMCAD breaches this
section, County may terminate this Agreement under 27.01.
35.03 The Parties agree that if AMCAD is acquired or bought out by another entity,
reasonable efforts to hire or contract with key personnel shall be made and the
failure to do so will constitute a material breach of this Agreement.
ARTICLE XXXVI
EQUAL EMPLOYMENT OPPORTUNITY
36.01 AMCAD agrees not to engage in employment practices which have the effect of
discriminating against any employee or applicant for employment, and will take
affirmative steps to ensure that applicants are employed and employees are
treated during employment without regard to their race, color, religion, national
origin, sex, age, handicap, or political belief or affiliation.
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ARTICLE XXXVII
FORCE MAJEURE
37.01 Neither Party will be required to perform any term, condition, or covenant in this
Agreement so long as such performance is delayed or prevented by force
majeure, which includes acts of God, strikes, lockouts, material or labor
restrictions, civil riot, floods, and any other catastrophic event not reasonably
within the control of such Party and which by the exercise of due diligence by the
Party is unable, wholly or in part, to prevent or overcome.
ARTICLE XXXVIII
LIMITATION ON PRESS RELEASES & ADVERTISING
38.01 AMCAD agrees that it shall not publicize any portion of the Agreement, or its
content, or disclose, confirm or deny any details thereof to third parties or use
County's name in connection with any sales promotion, advertisement, or
publicity event, or for any purpose whatsoever, without the prior written approval
of County, except as required by any governmental agency or authority requiring,
or having the power to compel, such disclosure.
38.02 AMCAD will not make any news releases, public announcements or public
disclosures nor will it have any conversations with representatives of the news
media, pertaining to the Agreement without the prior written approval of County,
and then only in accordance with explicit written instructions from County.
ARTICLE XXXIX
NO WAIVER OF BREACH
39.01 The failure of a Party to insist upon ' or enforce strict performance of any of the
provisions of this Agreement, or to exercise any rights or remedies under this
Agreement, will not be construed as a waiver or relinquishment to any extent of
such Party's right to assert or rely upon any such provisions, rights or remedies
in that or any other instance; rather, the same will remain in full force and effect.
ARTICLE XXXX
MULTIPLE COUNTERPARTS
40.01 This Agreement may be executed in separate counterparts (even if such
counterpart original signature is evidenced via a facsimile or .pdf copy) by County
and AMCAD, and each counterpart, when so executed and delivered, shall
constitute an original instrument, and all such separate counterparts shall
constitute but one and the same instrument.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE
AND EFFECT OF AN ORIGINAL.
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ARTICLE XXXXI
EXHIBITS
41.01 The Parties recognize and agree that this Agreement is dependent upon the
successful development and agreement of Exhibit A -- Payment Schedule and
Exhibit D- Statement of Work. Because of the complexities involved in the
alignment of work deliverables and the corresponding payments Exhibit A and
Exhibit D shall be developed and agreed upon by both Parties within ninety (90)
days of the execution of this Agreement. Once agreed upon, Exhibit A and
Exhibit D shall become a part of this Agreement The failure to agree upon
Exhibit A and Exhibit D shall void this Agreement.
COUNTY OF BRAZOS
a Political Subdivi
Sta o xas
Duane Peters, County Judge
AMERICAN CADASTRE, LLC
a Virginia Limited Liability Company
Visagar Shyamsundar,
Presdient and CEO
ATTEST:
Karen McQueen, Brazos C anty Cler
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COUNTY OF BRAZOS AMCAD
�C
" v:
Name: Duane Peters Name: Visagar thyamsundar
Title: Brazos County Judge Title: President and CEO
ATTEST:
6j'A yn P(ey o
Name: Karen McQueen
Title: Brazos County Clerk
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Exhibit List
Exhibit A — Payment Schedule
Exhibit B — License Agreement
Exhibit C — Maintenance Agreement
Exhibit D — SOW
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C1 l�
EXH1BIT;
AMCAD License Agreement (Rev 02111)
THIS SOFTWARE LICENSE AGREEMENT is made the "� day of
2011 between AMERICAN CADASTRE, LLC (dba "AMCAD ") hereinafter referred to as
"LICENSOR" and "SUPPORT ORGANIZATION," of 220 Spring Street, STE 150,
Herndon, Virginia 20170 and the CUSTOMER identified below. This agreement consists
of the cover page(s) and 16 Paragraphs.
NAME OF CUSTOMER: Brazos County
ADDRESS: 200 South Texas Ave., Suite 332
TELEPHONE: (979) 361 -4310
FACSIMILE: (979) 361 -4408
CUSTOMER CONTACTS (Maximum of Two):
1) Ian Soares
2) Eric Caldwell
SOFTWARE & QUANTITY
AMCAD integrated Court Case Management System (AiCMSTM)
.,Enterprise License $375,000.00
AMCAD's integrated Capture System (AiCSO) — Up to 200 users
• $140,000.00
AMCAD's integrated Jail Management System (AiJMSO) -- Up to 1499 beds
• $450,000.00
AMCAD Rapid Online Access Method (ROAM) Web Portal System Standard Edition:
• $19,800.00 ROAM Enterprise Edition -- to be billed annually for five years.
• Database instance - CUSTOMER's Office AiCMS and AiCS Database
• Server located within the physical site of the CONTRACTOR Office
• Up to 50 Million Records - defined as per this agreement to be a resultset row of a
single query.
TOTAL of AMCAD Licenses: $984,800.00
3` Party Software Licenses (included and to be provided by AMCAD as part of this
Agreement)
M2SYS Bioplugin
• $7,787.00
Smartshot
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154
VOL
• $8,991.00
Commsys CIC
. $5,751.00
TOTAL of 3` Party Licenses: $22,529.00
This Agreement consists of this cover page (the "Cover Page ") and the attached terms
and conditions and constitutes the entire agreement between the parties for the subject
matter hereof and supersedes all prior arrangements, agreements, representations and
undertakings written or oral. This Agreement may not be changed modified except by a
written instrument duly executed by each of the parties hereto.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR BY LAW, THERE
ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED.
AGREED AND ACCEPTED:
AMCAD Brazos County
BY. BY: 1 LN
TITLE: TITLE:
DATE: DATE:
Page 14
OL
1. LICENSE
a. Grant of License. LICENSOR, grants CUSTOMER, a perpetual, non- exclusive
and non - transferable AiCMS, AiCS and AUMS Licenses to use the Software
pursuant to the terms and conditions of this Agreement. LICENSOR, grants
CUSTOMER, a one -year, non - exclusive and non - transferable ROAM License to
use the Software pursuant to the terms and conditions of this Agreement.
b.
C. Authorized Equipment and Site. CUSTOMER shall use the Software only on the
computer equipment at CUSTOMER's location.
d. Restrictions on Use. CUSTOMER agrees to use the Software only for
CUSTOMER's own business. CUSTOMER shall not (i) permit any parent,
subsidiaries, affiliated entities or third parties to use the Software, (ii) process or
permit to be processed the data of any other party, (iii) use the Software in the
operation of a service bureau, or (iv) allow access to the Software through any
terminals located outside of CUSTOMER's prime and remote sites - except as
utilized for providing statutorily - authorized secure remote access.
e. Copies. CUSTOMER, solely to enable it to use the Software, may make one
archival copy of the Software's computer program, provided that the copy shall
include LICENSOR's copyright and any other proprietary notices. The Software
delivered by LICENSOR to CUSTOMER and the archival copy shall be stored at
CUSTOMER's Site. CUSTOMER shall have no other right to copy, in whole or in
part, the Software. Any copy of the Software made by CUSTOMER is the
exclusive property of LICENSOR.
f. Modifications, Reverse Engineering. CUSTOMER agrees that only LICENSOR
shall have the right to alter, maintain, enhance or otherwise modify the Software.
CUSTOMER shall not disassemble, decompile or reverse engineer the
Software's computer program.
g. Query. A query is a specialized language to request information from a database.
h. Resultset. A resultset is a set of rows from a database and the meta - information
pertaining to the query.
i. Record. Record is defined as per this Agreement to be a resultset row of a
single query. License is partly based on a specific number of records hosted
locally as set forth on the Cover Page.
2. LICENSE FEE
j. In General. In consideration for the license granted by Licensor under this
Agreement, CUSTOMER shall pay LICENSOR a fee as set forth in this
Agreement (including Exhibit A). The ROAM license is an annual fee based on
Page 15
the number of records hosted locally as set forth in this Agreement. The ROAM
license key will be delivered annually and will maintain the active status of the
software. After five (5) years ROAM shall become the property of the County
and no additional license fees shall be assessed.
ii. Payment Terms. Payment shall be as per the following:
1. Payment shall be as per the compensation and payment terms of the
Agreement -- Exhibit A.
3. OWNERSHIP
a. Title. CUSTOMER and LICENSOR agree that LICENSOR owns all proprietary
rights, including patent, copyright, trade secret, trademark and other proprietary
rights, in and to the Software and any corrections, bug fixes, enhancements,
updates or other modifications, including custom modifications, to the Software,
whether made by LICENSOR or any third party.
b. Transfers. Under no circumstances shall CUSTOMER sell, license, publish,
display, distribute, or otherwise transfer to a third party the Software or any copy
thereof, in whole or in part, without LICENSOR's prior written consent.
C. Data Ownership. LICENSOR acknowledges that CUSTOMER is the sole owner
of the data maintained within the software. Under no circumstances shall
LICENSOR sell, publish, display, distribute, or otherwise transfer to a third party
the data or any copy thereof, in whole or in part, without CUSTOMER's prior
written consent. This provision shall remain in effect beyond the termination
and/or expiration of the Agreement.
4. CONFIDENTIAL INFORMATION
CUSTOMER agrees that the Software contains proprietary information, including trade
secrets, know -how and confidential information that is the exclusive property of
LICENSOR. During the period this Agreement is in effect and at all times after its
termination, CUSTOMER and its employees and agents shall maintain the
confidentiality of this information and not sell, license, publish, display, distribute,
disclose or otherwise make available this information to any third party nor use such
information except as authorized by this Agreement. CUSTOMER shall not disclose any
such proprietary information concerning the Software, including any flow charts, logic
diagrams, and user manuals, to persons not an employee of CUSTOMER without the
prior written consent of LICENSOR.
LICENSOR acknowledges that CUSTOMER is a governmental entity and as such is
subject to regulations governing public information. CUSTOMER will notify LICENSOR
in the event a request for information may conflict with the terms cited herein.
.�, Page 16
`Vol. 5 Pg.— _�
Nevertheless, CUSTOMER will release information in accordance with the then
prevailing laws governing such matters. LICENSOR agrees to hold CUSTOMER
harmless from the terms of this Agreement in such event wherein the CUSTOMER
would have been in violation of public information laws had information been withheld.
5. Warranty
a. Scope of Warranty. LICENSOR warrants upon the "Go- Live" date the Software
will comply (not including software bugs which will be handled via the
CUSTOMER AMCAD Software Maintenance & Update Agreement) (Exhibit C)
with the specifications. During this warranty period, LICENSOR shall provide
CUSTOMER all required support and maintenance services for the Application.
After expiration of the warranty period, LICENSOR shall provide support and
maintenance for the Software pursuant to the terms of the CUSTOMER AMCAD
Software Maintenance & Update Agreement (Exhibit C) as applicable.
b. Warranty Period. The ninety (90) day period following the go -live date for the
County's comprehensive integrated justice management software.
C. LICENSOR will warrant its product as follows:
Materials and Workmanship. The system delivered under this Agreement will conform to
all requirements of materials and workmanship specified in this Agreement.
Design and Manufacture. The system delivered under this Agreement will conform to all
design and manufacturing requirements specified in this Agreement.
Essential Performance. The system delivered under this Agreement will conform to the
Essential Performance Requirements set forth in Exhibit D - Statement of Work of this
Agreement, as those Essential Performance Requirements measured, tested, and
verified by the tests and procedures set forth in this Agreement.
d. Disclaimer of Any Other Warranty. THE LIMITED WARRANTY SET FORTH
HEREIN 1S IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. Changes to Agreement
No changes shall be made to the terms and conditions contained herein other than by
variation agreed to by both parties and comprised in a written variation hereof.
7. Limitations Period
;i Page 17
v o l . `f P 19
No arbitration or other action under this Agreement, unless involving death or personal
injury, may be brought by either party against the other more than one (1) year after the
discovery of the issue that gives rise to the cause of action.
9. Limitation on Recovery
Under no circumstances shall the liability of LICENSOR to CUSTOMER exceed the
amounts paid by CUSTOMER to LICENSOR under this Agreement. Attorneys' fees
and other litigation expenses are not subject to this limitation.
10. Indemnification
LICENSOR shall indemnify and hold harmless CUSTOMER from and against any
claims, including reasonable legal fees and expenses, based upon infringement of any
United States copyright or patent by the Software. CUSTOMER agrees to notify
LICENSOR of any such claim promptly in writing and to allow LICENSOR to control the
proceedings. CUSTOMER agrees to cooperate fully with LICENSOR during such
proceedings. LICENSOR shall defend and settle at its sole expense all proceedings
arising out of the foregoing. In the event of such infringement, LICENSOR may replace,
in whole or in part, the Software with a substantially compatible and functionally
equivalent computer program or modify the Software to avoid the infringement.
11. Applicable Laws
This Agreement shall be governed and construed in accordance with the laws of the
State of Texas and each party thereto submits to the jurisdiction of the Courts of that
State and any Courts which may hear appeals therefrom.
12. Entire Agreement
This Agreement and the Cover Page and any variations subsequently made to the
terms of this Agreement as provided herein, constitute the entire agreement between
the parties in respect of the subject matter hereof and supersedes all proposals or prior
agreements, whether oral or written, and all other communications between the parties
relating to the subject matter of this Agreement.
13.Notices
Any notice permitted or required under this Agreement shall be deemed given if in
writing and personally served or sent by pre -paid registered or certified air mail, or by
confirmed facsimile, addressed (or as either Party may direct otherwise in writing) to the
parties on the Cover Page.
Any notice given in accordance with this Clause shall be deemed to be received by and
served upon the other party on the date such letter would in the ordinary course of post
have reached such address or on the date such notice is served or left at the relevant
ii- C Page 18
V01. 1 5 T Pg.
address and in the case of facsimile shall be deemed to have been served on the day
following the date of successful transmission.
14.Reserved
15.Severability
If any term, provision, covenant or condition of this Agreement shall be held by a court
of competent jurisdiction to be invalid, void or unenforceable, it shall be severed
herefrom and the remaining provisions of this Agreement will remain in full force and
effect and will not be affected, impaired or invalidated.
16.Right to Audit
At any time during the term of this Contract and for a period of four (4) years thereafter,
the LICENSOR shall reserve the right to perform periodic audits of the number of
installed licenses. if LICENSOR does not have access to the production system,
LICENSOR will request access to the production system prior to auditing the system.
The CUSTOMER agrees to provide production access for the purpose of auditing the
license count within four (4) business hours of the request. Should LICENSOR
determine that the number of installed licenses exceeds the contracted number of
installed licenses, LICENSOR will provide an invoice for the additional licenses at the
price agreed upon in the Contract. The CUSTOMER agrees to uninstall any additional
licenses above and beyond the contracted number of installed licenses until such time
that LICENSOR is received payment for said licenses.
I 54 P �' q Page 19
Vol. � —� I,
THIS SOFT RE MAINTENANCE, UPDATE & ROAM LICENSE AGREEMENT is
made thQiay 2011 between AMERICAN CADASTRE, LLC (dba
"AMCAD ® ") of 220 Spring Street, Ste 150, Herndon, VA 20170 hereinafter referred to as
"LICENSOR" and "SUPPORT ORGANIZATION," and the CUSTOMER identified below
whereby AMCAD is to provide the services specified in this Agreement. This Agreement
consists of the cover page(s) and 21 Paragraphs.
NAME OF CUSTOMER: Brazos County
ADDRESS: 200 South Texas Ave., Suite 332
TELEPHONE: (979) 361 -4310
FACSIMILE: (979) 361 -4408
CUSTOMER CONTACTS (Maximum of Two):
1) Ian Soares
2) Eric Caldwell
SOFTWARE APPLICATIONS: AiCMSTM, AICS AUMS and ROAM
SOFTWARE UPDATES: Included for the purchased Software Version of the modules
licensed and designated above under Software Applications.
SOFTWARE MAINTENANCE: Included while under Software Maintenance & Update
Agreement. $200.00 per hour outside of the Principal Period of Support after Initial
Period
AiCMSTm , AUMS, AiCS & ROAM Maintenance Amounts
• Year #1: $ 197,356
• Total: $197,356
• After five years the ROAM annual subscription payments will become
inactive.
Vol.
Page 110
3` Party Maintenance Amounts
• Year #1: $2,742
• Total: $2 ,742
• M2SYS and Commsys.
This Agreement consists of this cover page (the "Cover Page ") and the attached terms
and conditions 1 through 21 and constitutes the entire agreement between the parties
for the subject matter hereof and supersedes all prior arrangements, agreements,
representations and undertakings written or oral. This Agreement may not be changed
or modified except by a written instrument duly executed by each of the parties hereto.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR BY LAW, THERE
ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED.
AGREED AND ACCEPTED:
AMCAD BRAZOS CO ,N..
BY: BY:
TITLE: TITLE: C-aU
DATE: DATE: ) t _. -- '� D
Page 111
vot._ 15 p L �
1. Definitions
"Support Organization" means AMCAD, or at AMCAD's option in respect of any service
to be performed hereunder, means a person, firm or corporation authorized by AMCAD
at any time or from time to time to supply Software Maintenance in respect of Software
and nominated in writing by AMCAD at any time or from time to time to provide
Software Maintenance to the CUSTOMER hereunder;
"Licensor" means AMCAD;
"Commencement Date" means the date referred to in Clause 3;
" CUSTOMER" means the customer referred to on the Cover Page;
"Initial Period" means the twelve (12) calendar months next ensuing after the
Commencement Date;
"Software Applications" means the software detailed on the Cover Page;
"Version" means the software code of a particular software product variant or original;
"Software Maintenance" means advice on operating the Software, advice on problems
with the Software (given over the telephone or in writing) and includes spot training,
software documentation improvements and software bug fixes;
"Software Updates" means feature additions to the "Software Versions" already
purchased by the CUSTOMER;
"Application" means a part of a software package containing one or more functions;
"Related Persons" means and includes any related body corporate of AMCAD or any
secretary, officer or employee, agent or contractor of any of AMCAD or its related
bodies corporate.
"Go Live" means the date /day that the AMCAD system is first utilized by the customer
for support to its customers. This is usually the first Monday after training and final
legacy data conversion has taken place.
"Grant of License ": LICENSOR, grants CUSTOMER, an annual, non - exclusive and non-
transferable License to use the Software pursuant to the terms and conditions of this
Agreement.
"Authorized Equipment and Site ": CUSTOMER shall use the Software only on the
computer equipment at the location listed on the Cover Page.
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Vol. �T Pg. t L S
"Restrictions on Use ": CUSTOMER agrees to use the Software only for CUSTOMER's
own business. CUSTOMER shall not (i) permit any parent, subsidiaries, affiliated
entities or third parties to use the Software, (ii) process or permit to be processed the
data of any other party, (iii) use the Software in the operation of a service bureau, or (iv)
allow access to the Software through any terminals located outside of CUSTOMER's
prime and remote sites - except as utilized for Internet access to public records.
"Copies ": CUSTOMER, solely to enable it to use the Software, may make one archival
copy of the Software's computer program, provided that the copy shall include
LICENSOR's copyright and any other proprietary notices. The Software delivered by
LICENSOR to CUSTOMER and the archival copy shall be stored at CUSTOMER's Site.
CUSTOMER shall have no other right to copy, in whole or in part, the Software. Any
copy of the Software made by CUSTOMER is the exclusive property of LICENSOR.
"Modifications ", 'Reverse Engineering ": CUSTOMER agrees that only LICENSOR shall
have the right to alter, maintain, enhance or otherwise modify the Software.
CUSTOMER shall not disassemble, decompile or reverse engineer the Software's
computer program.
"Query": A query is a specialized language to request information from a database.
"Result Set ": A result set is a set of rows from a database and the meta - information
pertaining to the query.
"Record ": Record is defined as per this Agreement to be a resultset row of a single
query. License is partly based on a specific number of records hosted focally as set
forth on the Cover Page.
2. Services
Subject to the terms and conditions contained in this Agreement the SUPPORT
ORGANIZATION will provide Software Maintenance as may be necessary to maintain
the Software in good operating condition.
3, Term
The Software Maintenance to be supplied under this Agreement will have a
commencement date upon "Go- Live" acceptance date and shall be effective for one (1)
year. Under the provisions of the Software Maintenance Agreement, the SUPPORT
ORGANIZATION shall provide the CUSTOMER all required support and maintenance
services for the Application. The Software Maintenance will be automatically renewed
for further periods of one (1) year unless otherwise terminated by either party giving to
the other not less than three (3) months' notice in writing of such termination prior to any
anniversary of the Commencement Date.
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V01. I -5 9 pg• I � to
4. Software Updates, Etc
A. The SUPPORT ORGANIZATION will support Software Updates via remote
installation support. The CUSTOMER is required to provide a VPN connection to the
SUPPORT ORGANIZATION for remote access. Any on -site support required by the
CUSTOMER or at the request of the CUSTOMER, or any support required to upgrade
to a new Version of the software products included or to add a new Application is
subject to service and travel (as required) will be subject to additional costs.
B. The SUPPORT ORGANIZATION has the option of deferring Software Maintenance
pursuant to this Agreement should the CUSTOMER delay installation of any new
update of the Software by the SUPPORT ORGANIZATION.
C. The SUPPORT ORGANIZATION will provide software updates, which include
corrections to known software issues, for customers with active maintenance
Agreements. A minimum of two (2) weeks' notice will be given for such software
updates. Should a customer decline installation of two (2) or more software updates,
the SUPPORT ORGANIZATION reserves the right to charge on time and materials to
update the customer to the latest software version.
D. New Versions of the Software or additional Applications not already purchased by
the CUSTOMER will not be considered part of this Agreement. The CUSTOMER may
purchase new Software Versions and Applications at a discount from standard pricing
for other SUPPORT ORGANIZATION`s customers of similar size and volume
processing.
E. Additional Applications or Versions of the SUPPORT ORGANIZATION's Software
may or may not be included as determined by the SUPPORT ORGANIZATION.
F. STATUTORY CHANGES -
If state statutory changes are required; CONTRACTOR includes in this Agreement, the
changing to system configuration and user defined tables available through the System
Administration table maintenance. Changes to documents and forms that can be
configured through the system by court users are not covered by this Agreement.
The CONTRACTOR will additionally provide up to 200 hours of support, per legislative
session(s), for such state statute changes. Any additional hours required for statute
changes will be chargeable at the hourly rates discussed in this contract. Any other
alterations to the system as a result of state statute changes can be provided to the
CUSTOMER, via a contract add -on, at the hourly rates included in this Agreement. The
CONTRACTOR will make every attempt to complete the changes as quickly as
possible, but will require that a minimum of sixty (60) days be allowed for completion of
statutory changes.
15 q � —1 Page 114
Vol. ! .® pg.
The CONTRACTOR also reserves the right to charge, at the hourly rates provided for in
this Agreement, for changes to a state statute, that require the CONTRACTOR to either
change the specifications of the alterations to the system or revert back to a previous
configuration, that are made after the specifications to comply with the state statute are
agreed on by the CONTRACTOR and the CUSTOMER.
5. ROAM Software Updates, Etc
A. LICENSOR will support Software Updates via remote installation support. The
CUSTOMER is required to provide a VPN connection to Licensor for remote access.
Any on -site support required or any support required to upgrade to a new Version of the
ROAM Software or to add a new Application is subject to service and travel (as
required) will be subject to additional costs.
B. New Versions of the ROAM Software or additional Applications not already
purchased by the CUSTOMER will not be considered part of this Agreement. The
CUSTOMER may purchase new Software Versions and Applications at a discount from
standard pricing for other LICENSOR's customers of similar size and volume (document
recordings) processing.
6. Software Maintenance
A. The Support Organization provides herewith telephone and /or facsimile and /or
electronic mail support for problems associated with the routine use and operation of
the software.
B. The CUSTOMER shall provide a Virtual Private Network (VPN) connection for the
SUPPORT ORGANIZATION to use to perform maintenance during the principal period
of support.
C. The CUSTOMER shall provide to the SUPPORT ORGANIZATION on the Cover
Page with the names of up to two (2) representatives who with the SUPPORT
ORGANIZATION 's acknowledgement shall have access to the SUPPORT
ORGANIZATION's telephone advice service. The representatives may be changed from
time to time by agreement between the parties. The initial representatives shall be the
persons referred to on the Cover Page.
7. General
All services to be provided under this Agreement shall be referred to as the Principal
Period of Support and provided between the hours of 7:30 a.m. to 5:00 p.m. C.S.T.,
Monday to Friday (excluding CUSTOMER holidays). Service coverage required outside
of these hours is defined as emergency support and may be arranged with the Support
Organization. Emergency Support services shall be defined as outside the Principal
Period of Support and be charged at a rate of $200 per hour or fraction thereof (in 30
minute increments). The SUPPORT ORGANIZATION will provide a Software
Maintenance Program document and Service Level Agreement (SLA) tailored to the
�� Page 115
Vol. Pg• _ _ _
CUSTOMER. This document will be provided by the SUPPORT ORGANIZATION's
CUSTOMER Support Manager (CSM) assigned specifically to the CUSTOMER and
includes contact, priority, and Tracker support system information.
8. Services Not Covered
The following services are not covered by this Agreement; provided, however, they may
be provided by mutual agreement at the request of CUSTOMER at charges based on
the SUPPORT ORGANIZATION's then - current price list and as agreed by both parties.
A. Repair or damage resulting from malfunction of external electrical power, air
conditioning, water damage, fire damage, burglary, theft, vandalism, civil commotion, or
war.
B. Remediation of problems caused by use of software not covered by this Agreement
or improper Computer Network operation and control by the customer.
C. Any support that is the result of DML or DDL updates to any of the SUPPORT
ORGANIZATION's databases (primary or replicated) that are not executed by the
SUPPORT ORGANIZATION's personnel, or have not been previously authorized in
writing by the SUPPORT ORGANIZATION's personnel to be executed, is considered
outside of the scope of this Agreement. The SUPPORT ORGANIZATION reserves the
right to charge on a time and materials basis for support that is required as a result of
such updates.
D. Support provided to remedy problems caused by items in paragraphs 8a, 8b and Sc
will be billed to the customer at $150 per hour during the Principle Period of Support
and $200 per hour outside of the Principal Period of Support.
E. This Maintenance Support Agreement is not intended to supplement training for
CUSTOMER personnel that do not attend the training sessions. Excessive support for
strictly customer training or lack of knowledge of the system by the customer is not
maintenance. It is expected that CUSTOMER will utilize the "user manuals" provided by
the SUPPORT ORGANIZATION prior to contacting the Support System for help.
F. Hardware maintenance on CUSTOMER equipment. If the equipment was
purchased through the SUPPORT ORGANIZATION, the Manufacturer's Warranty will
be passed on to the CUSTOMER. The CUSTOMER will notify the SUPPORT
ORGANIZATION of the equipment problem and the SUPPORT ORGANIZATION will
arrange for the OEM to provide the warranty service. By passing on the equipment
warranty and coordinating warranty service, the SUPPORT ORGANIZATION assumes
no responsibility for identifying, troubleshooting, or resolving hardware - related
problems. Should this level of support be needed it will be covered by a separate
Hardware Maintenance Agreement.
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Vol.—
9. CUSTOMER Responsibilities
A. The CUSTOMER must have a valid license to use the Software from the SUPPORT
ORGANIZATION.
B. The CUSTOMER shall notify the SUPPORT ORGANIZATION of any Software
problem together with complete information concerning the failure, as soon as possible
after the problem has been recognized.
C. The CUSTOMER will provide the SUPPORT ORGANIZATION with the following:
1. Name of nominated personnel who are competent to use the Software;
2. Access to the Software and computer(s) on which it resides via VPN access;
3. Adequate working space and facilities;
4. Access to and use of all information necessary to service the Software;
5. The CUSTOMER shall be responsible for security of its confidential,
proprietary and classified information as well as for the maintenance of adequate
backup procedures for files, as the SUPPORT ORGANIZATION will not be
responsible for loss of or altered files, data or programs;
6. The CUSTOMER agrees to provide an installation environment which meets
the specifications of the computer on which the software is running.
7. The CUSTOMER agrees to limit use of the Software Maintenance Services
that are the subject of this Agreement to occasions when the Software fails to
work as set forth in the User manuals or occasions where the user manuals are
unclear.
10. Service Charges
A. The annual maintenance fee shall be the amount set out on the Cover Page. Fees
for subsequent periods of one (1) year shall be the SUPPORT ORGANIZATION's then
current standard annual fee for maintenance of the Software Applications. Annual fees
may be invoiced thirty (30) days prior to the expiration of the previous period and shall
be paid in advance quarterly. Maximum annual increase in the annual maintenance
fees shall be 5% per annum. Invoices from SUPPORT ORGANIZATION shall be
accompanied by an invoice verification email to be ackowledged and returned to
SUPPORT ORGANIZATION by CUSTOMER upon receipt verifying that the information
on the invoice is accurate.
L � Page 117
t �
t �
B. Where the Software is located at a distance beyond fifty miles (50 miles) from the
Support Organization's office; a travel charge may be made by the SUPPORT
ORGANIZATION, if on -site support is requested or required by the CUSTOMER.
C. CUSTOMER will pay all shipping and media costs for Software Updates,
11. Changes to Software Maintenance and Update Agreement
A. During the terms of the Agreement no changes shall be made to the terms and
conditions contained herein other than by variation agreed to by both parties and
comprised in a written variation hereof.
B. The SUPPORT ORGANIZATION has the right to vary the charges made hereunder if
the CUSTOMER wishes to extend the service hours beyond normal working hours
referred to in Clause 7.
12. Non - Payment
The Support Organization reserves the right to decline to provide Software Maintenance
if any amounts invoiced by the Support Organization have not been paid by the
CUSTOMER within forty -five (45) days of submission of a valid invoice.
The ROAM License payment is due prior to the annual software delivery of the ROAM
license key. License key will be delivered based on length of initial payment. Upon
each annual payment, a new License key will be provided that will maintain the active
status of the software.
13. Extraordinary Expenses
The SUPPORT ORGANIZATION reserves the right to charge for unusual or excessive
telephone, shipping, handling media or user manual expenses in connection with the
Software Support to be provided hereunder. In all cases, the SUPPORT
ORGANIZATION will notify the CUSTOMER of these costs in advance.
14. Assignment
Neither party to this Agreement may assign this Agreement to a third party without the
prior written agreement of the other party to this Agreement.
15. Force Majeure
The SUPPORT ORGANIZATION shall not be responsible or liable for failure to perform
or observe, or for delay in performing or observing any obligation under this Agreement
where such failure or delay arises from any cause beyond the control of SUPPORT
ORGANIZATION, including, but not limited to, strikes, lockouts, industrial action, act of
god, insurrection, or civil commotion, or any other cause which the SUPPORT
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ORGANIZATION could not reasonably be expected to have foreseen and avoided.
16. Limitation of Liability?,
Laws from time to time in force in the jurisdiction where any service to be performed
hereunder may imply warranties or liabilities which cannot be excluded or which can
only be excluded to a limited extent. In which case, the SUPPORT ORGANIZATION
hereby limits its liability to the extent permitted by law. If the SUPPORT
ORGANIZATION cannot exclude or limit any warranty implied by law, this Agreement
shall be read and construed subject to such statutory provisions.
SUBJECT TO THIS CLAUSE UNDER NO CIRCUMSTANCES WILL THE SUPPORT
ORGANIZATION OR ITS RELATED PERSONS BE LIABLE FOR ANY
CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES,
WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF
CUSTOMER OR ITS CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS
FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE
SOFTWARE, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF
OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH
OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT,
MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR
OTHERWISE, EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND
TO THE EXTENT THAT APPLICABLE LAW PROHIBITS EXCLUSION OF SUCH
LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH SUPPORT
ORGANIZATION AND ITS RELATED PERSONS MAY INCUR IN ANY ACTION OR
PROCEEDING ARISING OUT OF PERFORMANCE OR NON PERFORMANCE OF
THIS AGREEMENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO THE
SUPPORT ORGANIZATION BY CUSTOMER FOR THE SPECIFIC PRODUCT OR
SERVICE THAT DIRECTLY CAUSED THE DAMAGE.
In the event that it is established to the SUPPORT ORGANIZATION's satisfaction that
any Software Maintenance or other service carried out by the SUPPORT
ORGANIZATION under this Agreement was defective, the SUPPORT ORGANIZATION
shall remedy such defective maintenance by provision of the same service again
without cost to the CUSTOMER.
17. Applicable Laws
This Agreement shall be governed and construed in accordance with the laws of the
State of Texas and each party hereto submits to the jurisdiction of the customers of that
jurisdiction and any customers which may hear appeals therefrom.
18. Entire Agreement
G , i Page X19
Vol. J q P g.---- --�- -T -
This Agreement and the Cover Page and any amendments subsequently made to the
terms of this Agreement as provided herein, constitute the entire agreement between
the parties in respect of the subject matter hereof and supersede all proposals or prior
agreements, whether oral or written, and all other communications between the parties
relating to the subject matter of this Agreement.
1 Notices
Any notice permitted or required under this Agreement shall be deemed given if in
writing and personally served or sent by pre -paid registered or certified air mail, or by
confirmed facsimile, addressed (or as either Party may direct otherwise in writing) to the
parties on the Cover Page.
Any notice given in accordance with this Clause shall be deemed to be received by and
served upon the other party on the date such letter would in the ordinary course of post
have reached such address or on the date such notice is served or left at the relevant
address (as appropriate) and in the case of facsimile shall be deemed to have been
served on the day following the date of successful transmission.
20. Reserved
21. Severability
If any term, provision, covenant or condition of this Agreement shall be held by a
CUSTOMER of competent jurisdiction to be invalid, void or unenforceable, it shall be
severed herefrom and the remaining provisions of this Agreement will remain in full
force and effect and will not be affected, impaired or invalidated.
Page 120
I S � pg. �.�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR
NO. 10 /11 58.1 - 58.4
On this the 22nd day of November 2011 at a regular meeting of the Commissioners' Court, the
following members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct I
C. Sammy Catalena, 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 22nd day of November 2011 the Court heard and approved a budget
amendment for the 2010 -2011 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 14 September 2010, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 22nd day of November 2011.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
B y : -
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
VOL- [1,54 -P g . X -)4
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 58.1
11/2212011
FUND DIV ACCT PROD DR1CR ACCOUNT NAME Increase Decrease
3000 355600 67286000 CR Equipment - Other 226.07
3000 355600 60500000 DR Office Eq 226.07
BVCOG lnterlocal Grant
To reallocate funds between two cate ories.
1of1
Vol.
1 (5 4 pg °��
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 58.2
1119919ni 1
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
1 100
40510000
CR
Hotel, Motel Tax
33,807.30
1100
11002600
61880000
DR
Utilities _
29,007.30
1100
11002600
65400000
DR
Ground Maintenance
2,800.00
1100
11002600
67287000
DR
Equipment - radios
200.00
1100
11002600
710701000
DR
Solid Waste - Hauling
1,800.00
HOT Fund
To realize the excess revenue collected in fund l 100 as of the end of period 13 and allocate funds in HOT- Market Reimbursement
Division (1 1002600
loft
Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 58.3
ii mmil
FUND
DIV
ACCT
PROJ
DR1CR
ACCOUNT NAME
Increase
Decrease
4100
49028000
CR
Transfer from General Fund
45,391-30
4100
60000100
85300000
DR
Fiscal Agent Fees
45,391.30
0100
91240000
DR
Transfer from Debt Service Fund
45,391.30
0100
336000100
60315000
CR
Event Supplies/Services
11,000.00
0100
36000100
60440000
CR
Janitorial Supplies
10,000.00
0100
36000100
61740000
CR
Telephone
14,391.30
0100
36000100
65050000
CR
_
building Maintenance
10,0004
Expo and Debt Service
To increase the budget transfers from General Fund to Debt Service Fund based on the calculations of the final budget in HOT -
Marketing Reimbursement Division (11002600 ).
Vol. g•
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 58.4
11/22/2011
FUNDI
DIV
I ACCT
IPROJIDR/CRI
ACCOUNT NAME
Increase
Decrease
0100
1 48064800
1 ---
T
IV -E CPS Legal
11,300.00
0100
19010000
51300000
DR
Sala Staff
9,000.00
0100
19010000
53100000
1
1 DR
I Social Security
2.300.00
DA - Child Protective Service
To increase budget in order to allow for JE to pose the l V -E Leeal portion of salary/benefit expenses for FY 1 I Otr 4
Toff DLOF
Vo l. 1 `�. p9
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR
NO. 11/12 8.1 -8.2
On this the 22nd day of November 2011 at a regular meeting of the Commissioners' Court, the
following members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
F. Inna Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 22nd day of November 2011 the Court heard and approved a budget
amendment for the 201 1- 2012budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 20 September 2011, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 22nd day of November 2011.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol.
16q pg' -�'_.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 - 8.1
11/2212011
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 24201200 60600000 CR Office Supplies 219.75
0100 24201200 65050000 DR Building Maintenance 219.75
Justice of the Peace 42.2
Reallocation of funds to purchase mini blinds in the conference room.
1 of 1
Vol. 1 5 q Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11/12 - 8.2
11 4 P5.
FUND
DIV
ACCT
PROD
DRICR
ACCOUNT NAME
Increase
Decrease
0100
56001000
61750000
CR
Telephone - Cellular
481.00
O100
56001000
51730000
DR
Cell Phone Allowance
400.00
0100
56001000
53100000
DR
Social Securit
31.00
0100
56001000
53200000
DR
Retirement
49.00
0100
56001000
53800000
DR
—
Worker's Co m ensation
1.00
Road and Bridge Administration
Reallocation of funds to cover cell hone allowance for the County Engineer, Class Code 2601, Position 1 for remainder of FY 12.
Prepared ey.' nn'
pate 1 if171201.i
Date
D
Vol. 1 `J Pg. 0 ---
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: November 22, 2011
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
Young, Tamra Ag Extension Resignation
Brazos Center
Holcombe, Stephen
Resignation
Schmitt, Heather
New Hire
Juvenile
Griddle, Steven
Promotion
Prenoveau, Bette
Promotion
Road & Bridge
Munger, Alan
Cell Phone
Allowance
SO — Jail
Batten, Jared
Resignation
Bowser, Melvin
Cell Phone
Allowance
Burns, Don
Retirement
Gonzales, Alfonso
New Hire
Graff, Elizabeth
Resignation
Hernandez, Lupe
Resignation
Hutchinson, Tynille
New Hire
Raines, Gerald
Resignation
Approved in Commissioners' Court: November-22. November-22. 2011:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
VOL ---- X54 TP9.- 9i�
•:�t w
TCH:RSB:LB:JMS:tst
DJ 166 -012 -3
2011 -3593
Sydney W. Falk, Jr., Esq.
Bickerstaff Heath Delgado Acosta
3711 South MoPac Expressway
Building One, Suite 300
Austin, Texas 78746
Dear Mr. Falk:
U.S. Department of Justice
Civil Rights Division
Yornrs Swim - NWB
9J0 P#Knrylvanwr Awnwr, NW
Wwhwglat, DC 20330
November 8, 2011
This refers to the 2011 redistricting plans for the commissioners court, justice of the peace,
and constable districts for Brazos County, Texas, submitted to the Attorney General pursuant to
Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973c. We received your submission on
September 13, 2011.
The Attorney General does not interpose any objection to the specified changes. However,
we note that Section S ssly provides that the failure of the Attorney rnap General to object does
not bar subsequent litigation to enjoin the enforcement of the charges. Procedures for the
Administration of Section 5 of the Voting Rights Act of 1965,28 C.F.R. 51.41.
Sincerely,
. Chri Herren, Jr.
Chief, Voting Section
ACKNOWLEDGED
Duane Peters Date
County Judge
vol. P a-1.3
Brazos County Purchasing Department
Weekly Update
11/11/11 — 11/17/11
Number of PO's Processed: 75
Requisitions Completed: 1
Capital Payments: 4
Projects In Progress
Construction
Courthouse:
Phase I & ll
- Renovation in progress
- Abatement of old CA area to begin 11/7, finish 11/11
2nd and 3rd Floor Remodel
- Framing of Grand Jury room in progress
- Carpet and painting complete in CCL #1, #2, DA area
Phase III
- Contract approved
Bids/ RFP's/ RFQ's
Aggregate for Surface Treatment
Flexible Base
High speed, low volume fans for Expo
Cracked Fuel oil
- Responses under review
- Responses under review
-Out forbid 11/18
-Out forbid 11/18
Renewals
Janitorial Supplies
Materials Testing
-Bid solicitation in progress
- Waiting for vendor response
Solicitation of Quotes
None in progress
ACKNOWLEDGED
►-
Duane Peters Date
County Judge
Vol. 15 q Pg._ at `L
Other
Auction
- Purchasing is now receiving surplus from departments
Sanctuary Courtroom
- Additional items being purchased
Purchasing Policy
- Reviewing and revising policy
Electronic Bid System
- Contract and requirements to City of College Station for approval
Assets
- Reconciliation complete for FY 2011
- Currently tagging all furniture in north wing and sanctuary in admin.
building
Vol. 4 9.--