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HomeMy WebLinkAbout2015-01-06 10:00AM REGULAR MEETINGBRAZOSCOUNTY BRYAN,TEXAS 2ri5 J i1 -2 P 12:24 ', NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JANUARY 6, 2015 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE,, SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 12: 3. Order 15.001 changing the name of Justice of the Peace. Precinct 2.1 to Justice of the Peace, Precinct 2 effective January 1, 2015. 4. Discussion and possible action to approve a pro'iect to install power generation capacity for and collocated at the Brazos Center on Briarcrest Drive (FM 1179) in Bryan TX to be funded with remaining Hurricane Ike Round 1 Disaster funds at the discretion of the Brazos County Council of Governments. 5. Consider and take action on a proposed lease of Property on Elmo Weedon road. The property is used by the Road and Bridge Department to park equipment and materials. 6. Renewal contract 2015.19R Fence Building with Hovorak Fence Construction 7. Extension of contract with ACS for Indexing and Imaging services for the County Clerk. 8. Approval of the following committee for the evaluation of solicitations (RFQ and RFP) for the Medical Clinic. • a. Gary Arnold • b. Irene Jett • c. Duane Peters • d. Dr. Michael Jones Vol. /✓ Pg. 'y' 0 • e. Bill Jeanes • f. Legal Representative (non - voting) • g. Charles Wendt (non - voting) 9. Tax Refund Applications for the following: • a. Marcaria Turrubiartes & Ignacio Loredo- overpayment$45.31 • b. Teserra Venture 1-15- overpayment - $13.40 • c. Martha Torres- Villalobos- overpayment$20.29 10. Budget Amendments. Budget Amendments FY 14115 14.1-14.2 11. Personnel Change of Status. Personnel Action Forms 12. Payment of Claims. 13. Sheriffs Report on inmate population. 14. Announcement of interest items and possible future agenda topics. 15. Call for Citizen input and /or concerns. 16. Adjourn. Vol. . P9• �v/ 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 submtt 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 Brezoa 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 andlor 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 Courts Order andfor 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 Courts presence and /or rectal, ethnic or gender slum or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speakers time; 2, removal from the Commissioners Court; 3. a Contempt Chetbn; 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 property 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, reche existing policy In response to an Inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act 7 581.042. INVOCATION Any Invocation that may be offered before the offidal 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 services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. /5 Fig. BRAZOSCOUNTY BRYAN,TEXAS MINUTES January 6, 2015 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 0 Signature Paae.pdf 0 File Stamped Agendasdf d' Sian in sheet.0 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 10:00 a.m. on Tuesday, January 6, 2015 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 - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 12: Vol %✓ Pg. � -3 3. Order 15 -001 changing the name of Justice of the Peace, Precinct 2.1 to Justice of the Peace, Precinct 2 effective January 1, 2015. m Item 3.odf A copy of the order is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 4. Discussion and possible action to approve a project to install power generation capacity for and collocated at the Brazos Center on Briarcrest Drive (FM 1179) in Bryan, TX to be funded with remaining Hurricane Ike Round 1 Disaster funds at the discretion of the Brazos County Council of Governments. IM Item 4.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann. 5. Consider and take action on a proposed lease of property on Elmo Weedon road. The property is used by the Road and Bridge Department to park equipment and materials. This item was removed. Motion: Remove, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 6. Renewal contract 2015 -19R Fence Building with Hovorak Fence Construction (It Item 6.odf A copy of the Renewal of Contract is attached. All terms, conditions, and pricing shall remain the same. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Extension of contract with ACS for Indexing and Imaging Services for the County Clerk. m Item TO A copy of the contract extension is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters. Wassermann . 8. Approval of the following committee for the evaluation of solicitations (RFQ and RFP) for the Medical Clinic. • a. Gary Arnold • b. Irene Jett • c. Duane Peters • d. Dr. Michael Jones • e. Bill Jeanes • f. Legal Representative (non- voting) • g. Charles Wendt (non- voting) F0_1_ �Z =_L! Item 8.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . Tax Refund Applications for the following: • a. Marcaria Turrubiartes & Ignacio Loredo- overpayment - $45.31 • b. Teserra Venture, LP- overpayment - $13.40 • c. Martha Torres- Villalobos- overpayment - $20.29 It' Item 9.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 10. Budget Amendments. Budget Amendments FY 14/15 14.1 - 14.2 II=^ Item 10.0 14.1 Reallocate funds for Capital Improvements. 14.2 Transfer funds from Contingency to Court Annex. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 0 -0. 11. Personnel Change of Status. Personnel Action Forms Ift Item 11.pdf A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters , Wassermann . 12. Payment of Claims. 0 BILL LIST 01.06.15 N 11-7� Claims Sheet.pdf 7128636- 7128874 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard . Peters, Wassermann . 13. Sheriffs Report on inmate population. Sheriff Chris Kirk stated there were 596 inmates in jail, 43 have electronic monitors and 5 are pending for monitors. 14. Announcement of interest items and possible future agenda topics. Vol. 6�=P9--L-6L Commissioner Mallard announced that the Economic Outlook Conference is coming up and will send the other court members information on it. Commissioner Cauley encouraged court members to attend the "Stop the Water Grab" event hosted by Bryan Councilman Mike Sutherland. 15. Call for Citizen input and /or concerns. There was no citizen's input. 16. Adjourn. The foregoing minutes of the Commissioners Court meeting held January 6. 2015 have been examined and are approved in open Court this day of 2015, in Bryan, Brazos County, Texas. 4�5� Duane Peters County Judge y atalena Co sioner, Precinct 2 Irma Caulek__----' Commissioner, Precinct 4 Attest Karen McQueen County Clerk Lt�lw4 Lloyd Wassermarm Commissioner, Precinct 1 Kenny Mal 3 Commissioner, Precinct 3 Vol.is� Pg. 7 BRAZOS COUNTY COMMISSIONER'S COURT 20 DAY OF s a , rs- /� AMA, Name (PLEASE PRINT) ChVZA%< e le- ,76ty� Organization (PLEASE PRINT) i-7- Pg I of 2 jf f, ) Vol. IJ Pg. V-�- Pg 2 oft BRAZOS COUNTY COMMISSIONER'S COURT DAY OF I LN MIM -= (PLEASE PRINT) 20 Organization (PLEASE PRINT) r� y - -Ll I Eu tc c,- Vol. � —L P9- --L- -- 3 ORDER NO. 15 -001 THE STATE OF TEXAS § THE COUNTY OF BRAZOS § BRAZOS COUNTY ORDER CHANGING THE NAME OF JUSTICE OF THE PEACE OFFICE, PRECINCT 2.1 to JUSTICE OF THE PEACE OFFICE PRECINCT 2 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Commissioners Court of Brazos County has the authority under the Texas Constitution, Article 5, section 18(a) to abolish justice of the peace offices in a justice precinct in excess of one such office; WHEREAS, the Commissioners Court of Brazos County abolished Justice of the Peace Precinct 2.2 effective December 31, 2014; WHEREAS, the current term of office of the incumbent Justice of the Peace, Precinct 2.2 ends at the end of the calendar day on December 31, 2014; WHEREAS, Justice of the Peace Precinct 2.1 will be the sole Justice Court remaining in Precinct 2 on January 1, 2015; WHEREAS, the incoming Justice of the Peace was elected to the position of Justice of the Peace, Precinct 2; WHEREAS, the incoming Justice of the Peace will be sworn in to the office of Justice of the Peace Precinct 2; WHEREAS, the Commissioners Court of Brazos County wishes to change the name of the office of Justice of the Peace Precinct 2.1 to Justice of the Peace Precinct 2 to become effective January 1, 2015. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS: Effective January 1, 2015, the name and authority of Justice of the Peace Precinct 2.1 is changed to Justice of the Peace Precinct 2. BE IT SO ORDERED. qq Adopted on this sl h day of �1, 2015. Vol. /5 Pa. BRAZOS COUNTY, TEXAS Hon. Duane Peters, County Judge Hon. Lloyd Wassermaw, Commissioner, Precinct 1 Precinct 2 ATTEST / Hon, Karen McQueen, County Clerk Vol. �-`� Pg. 'I Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (9**) 361-4290 FAX (979) 3614293 December 2i 2014 Hovarak.fence Construction P.O. Box 63 I Caldwell, TX 71836 Ann-- Andrew Hovorak Jr. Re. Renewal of Contractfor Fence j Bmzos'Cow* would like to exercise I the 22R and 21013-33. All terms, conditions Phone: 979-220-5050 Fax: 979-567-3002 Email: Andrewhovorak@yaboo.com RpPolowly known as 2014-22R and2013-33 Fence Building 2015-19R previously known as 2014- u I these=. After Commissionees Court approval, am 1016, email To accept the renewal option, please fill out & and sign below. Return the signed documents by effun, to lcontr*ras@brazosoountytx;gDy or fax `to (979).1614293. Please then submit; the origioal.signed documents and an updatea.dertificate of Insurance by mail to the address liated'above. Please return acceptartcolas soon as possible. Ifyou have any questions, I may be reached at (979) 1014294. Contact Name . BOVORAK PENCE CONSTRUCTION . 6 't SignatuneCj 7 LC Duane Petert,,County Judge Vol. Pa. .Date I I I LL Date I E I. �/a gig. /2 0 CD A� \ §§§ & o[\® �- " guy LL e \ 9 um) [Sass A A \ 2 § LL 'a a § G \ LU �C140 04 o w© CD » \\ C4 o _ %e s § § ± y • \ 2 _ _ % o 5 7 \ @ P« m oy { < 2 2 2 u §§ZLO ° < z u z / F- ® )S/ ° d ~ ■ & §LL 69 to § q o = : 0 � d : , ) % \\ ƒ { a ) \ ( 2 2, =o:' w /0� } »k\ 4 j - §000 0 0 \ -m� - - - 0 \ \w w» k E I. �/a gig. /2 'A AC S A XerOX ei Company 'CUSTOMER NO Customer # Please use new customer B Brazos County I L 300 E. 26th Street #120 L Bryan, Texas 77803 T 0 Address 3 Sales Order # CUS IUMeR CONTACT: Honorable Karen McQueen PHONE: XXx- XXX -XXXX P.O. NO.: SALES REP: Jack Morris SALES REP'S NO.: 313659 PRODUCT- sales support PRODUCT DESCRIPTION QTY UNIT PRICE SALES AMOUNT 20/20 Land and Vitals system 12 4,340.000 $ 52,080.00 additional search stations 5@125 12 625.000 $ 7,500.00 Full service Indexing $ - 1 -100 $3.98 per document $ _ 101 -200 $3.94 per document $ _ 201.1700 $3.68 per document $ _ 1701+ $1.63 per document $ _ Indexing estimated 12 10,000.000 $ 120,000.00 Texaslandrecords support and replication $ Revenue sharing $_ To be billed monthly $ 8840104 lFreight $ SPECIAL INSTRUCTIONS: SUBTOTAL $ 179,580.00 This Sales Order is for a 12 month agreement between Brazos County Clerk ACS /Xerox. Terms,pricing and agreements are the same as the contract signed 2010. Can be cancelled with 90 days written notice. TAX % I.e..08 or.0725 SALES TAX $0.00 CUSTOMER ACCEPTA CE: I y accept th rms and conditions of this Sales Order Agreement include page and author' ee on th's a eras set /orth herein. CUSTOMER SIGNATURE: ATE: FREIGHT F.O.B. SALES APPROVAL TOTAL $ 179 580.00 ACS GRM Sales order form revised 6/30/11 1 / 2 n Terms and Conditions: Payment Terms: Customer agrees to remit payment to ACS within 30 days from issuance of invoice. Limited Warranty: Hardware and Commercial Software Warranties: If third -party hardware and/or commercial software is furnished under this agreement, then ACS shall, to the maximum extent allowable by said third -party vendors, pass - through to the Customer all manufacturers' warranties for materials furnished under this agreement. ACS shall provide only the standard manufacturers' waranties, guarantees, and/or exchange policies for defective items, which are offered through the manufacturers themselves. ACS MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE HARDWARE AND COMMERCIAL OFF - THE -SHELF SOFTWARE, IN WHOLE OR IN PART. ACS EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Rights to Third Party Software: Rights to third party commercial off - the -shelf software provided by third -party software vendors, including "shrink wrap" and "click wrap" software, are subject to the provisions of the software licenses provided by those third -party software vendors, and Customer understands and agrees that acceptance and use of such third -party software shall be deemed an acceptance of the terns and conditions of the licenses. Client further agrees to use the third party software in accordance with the terms of those licenses. In the event Client requestd ACS to install third party software that contains "shrink wrap" or "click - wrap" software Client hereby authorizes ACS to accept such "shrink wrap" or "click -wrap" software on behalf of the Client when the software is installed. Limitation of Liability: IN NO EVENT SHALL ACS BE LIABLE TO THE CUSTOMER HEREUNDER FOR ANY CLAIMS, PENALTIES OR DAMAGES, WHETHER IN CONTRACT, TORT, OR BY WAY OF INDEMNIFICATION, IN AN AMOUNT EXCEEDING TWENTY -FIVE PERCENT (25 %) OF THE FULL PRICE OF THE ORDERED GOODS AND SERVICES UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL ACS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF CUSTOMER HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT MAY ANY ACTION BE BROUGHT AGAINST ACS ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, DETERMINED WITHOUT REGARD TO WHEN THE AGGRIEVED PARTY SHALL HAVE LEARNED OF THE INJURY OR LOSS. UNDER NO CIRCUMSTANCES WILL ACS BE RESPONSIBLE FOR THE LOSS OF DATA OR SOFTWARE. Force Majeure: Neither party to this agreement shall be responsible for delays or failures in performance resulting from an act of God, war, civil disturbance, labor dispute, or other cause beyond the reasonable control of such party. Ownership of Data: Customer will retain all title, rights, and ownership of all data, including associated indexes, film, and other data provided to ACS, whether stored on magnetic tape, magnetic disk, CD -ROM disk (or other `like" electronic media that may be used). Risk of Loss & Title: ACS shall bear the risk of loss or damage to any hardware and commercial software provided under this agreement, while in transit to the Customer's designated delivery or installation site. The Customer shall bear all risk of loss or damage to the hardware and commercial software after delivery to the Customer site, unless such loss or damage is due to the negligence or willful acts of ACS, its employees, agents, representatives or subcontractors. Title and risk of loss to the hardware and commercial software shall pass to the Customer upon the date products were delivered to the customer's site. Returns: Customer may return hardware and commercial software products purchased from ACS within 15 days from the date products were delivered to the Customer's site. Termination for Breach: If Customer materially breaches any of the terms and conditions set forth in this agreement or fails to perform the obligations set forth in this Agreement and fails to cure the breach or failure within ten (10) calendar days (or other reasonable period stated in the notice) after receipt of written notice specifying the basis for the breach or failure to perform, ACS may terminate this agreement for breach. Termination by ACS shall be effective upon written notice to Customer. Customer agrees to discontinue use of all ACS -owned materials no later than the effective date of termination and return such ACS -owned materials to ACS within thirty (30) calendar days after termination. Entire Agreement: The contents of this agreement constitute the entire understanding and agreement between the parties and supersede any prior agreements, written or oral, that are not specifically referenced and incorporated in this agreement. The terms and conditions of this agreement shall not be changed or modified except by written agreement signed by both parties. The parties agree that in event Client provides ACS with a purchase order, or any other document, containing terms or conditions that are In addition to, or in conflict with, the terms and conditions contained in this agreement, such additional and/or conflicting terms shall be deemed null and void. Work being performed by ACS throughout the project is earned as completed; therefore, in the event the Customer cancels this sales order without cause, the Customer shall equitably compensate ACS for all services performed through the effective date of the cancellation. Stop Work: ACS is entitled to stop work on this Agreement when the funding or cost limit specified on page I is reached. Under no circumstances will ACS be required to perform services or provide deliverables in the absence of available funding. Vol. -h pg. 1.7 ACS GRM Sales order form revised 6/30/11 2/2 CONTRACT FOR FULL SERVICE COMPUTERIZED INDEXING, OPTICAL IMAGING SYSTEMS AND SERVICES FOR VITAL AND REAL PROPERTY RECORDS, BRAZOS COUNTY, TEXAS STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS This Contract for Full Service Computerized Indexing, Optical Imaging Systems and Services for Vital and Real Property Records (herein the "Contract "), is made and entered into by and between BRAZOS COUNTY, a political subdivision of the State of Texas, on behalf of its County Clerk, hereinafter referred to as "Client" or "Brazos County", and GOVERNMENT RECORDS SERVICES, INC., 2800 W. Mockingbird Lane, Dallas, Texas 75235, hereinafter referred to a "Provider ", individually referred to as "party" and collectively as "parties ". RECITALS WHEREAS, Provider provides microfilming, digital imaging, indexing and storage and maintaining on -line Real Property Records and Vital Statistics Records for various counties throughout the State of Texas; and WHEREAS, Brazos County wishes for Provider to microfilm, digitize, index, store and maintain Brazos County Records on -line. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the services and product stated herein the parties agree to the terns and conditions set forth herein. CONSIDERATION Client agrees to pay for Real Property Recording, Full- Service Computerized Indexing, and Digital imaging Systems and Internet Services, as those services are specifically described in this Contract and the Exhibits attached hereto, as follows: See Exhibit "A" attached — Pricing of Systems and Services See Exhibit "B" attached — Equipment See Exhibit "C" attached — Description of Processing See Exhibit "D" attached — Description of Computerized Indexing System ACS/B=w CC, M imagmgAreement Mad00 i Page 10131 Vol. Pg. 7 � See Exhibit "E" attached — Description of Microfilm Conversion, Loading, Linking to Real Property Computer System Exhibits A, B, C, D and E are attached hereto and made a part hereof for all purposes. The costs of the systems and services described herein have been negotiated by the Department of Information Resources of the State of Texas. These negotiated prices are offered to Brazos County through the Department of Information Resources Contract # SSD -1010. DURATION This Contract shall commence on ' 2010 (signing date) and shall expire 5 years from signing date or on 2015 subject to the annual appropriation of currently available funds by the Brazos County Commissioners Court. Client shall have three consecutive twelve month renewal options to commence upon expiration of the previous tens upon the same terms and conditions then in effect. The Client shall notify the Provider in writing of its decision to exercise this option 30 days prior to the expiration of the original term or a renewal term. Such renewal terms shall be upon the then existing terms and conditions. CONFLICT OF INTEREST No public official shall have interest in this Contract, in accordance with Vernon's Texas Codes Annotated Local Government Code Title 5, Subtitle C, Chapter 171. CONFIDENTIALITY All information disclosed by Client to Provider for the purpose of the work and services to be done in performance of the Contract, or information that comes to the attention of the Provider during the course of performing such work is to be kept strictly confidential. Provider shall not publish, distribute, or reproduce in any way the Client's records without the express written authorization of the Brazos County Clerk. SYSTEM AND PROCESS Provider represents that the mechanical process to be used to create the records to be imaged and stored hereunder is as set forth on Exhibit "C ". Provider further warrants and represents that the indexing system to be leased hereunder shall conform to the specifications and descriptions set forth in Exhibit "D ". ACSIB, CC, tx- hw&gAgr -- t20jadoc Vol. �/ Pg.� Par 2 af2r CHANGE ORDERS No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the Contract. All change orders to the Contract shall be made in writing and signed by both parties. Either party may request a change order. Within 5 days of receiving or initiating a written change order, Provider will prepare a written cost estimate and schedule for the requested change to Client. All technology or service related change orders shall be agreed to by Provider and the County Clerk. If a change order effects the cost of the Contract, or any term not described above, such change order must be submitted to the County Commissioners Court for approval. Such change order shall be considered at the next regularly scheduled Commissioners Court hearing after such change order is submitted and for which adequate notice is possible under the Texas Open Meetings Act. ASSIGNMENT The Provider shall not sell, assign, transfer or convey to any third -party this Contract in whole or in part, without the prior written consent of the Brazos County Commissioners Court. INDEMWMCATION Provider shall defend, indemnify and hold harmless Brazos County and all of its officers, agents and employees from all suites, actions, or other claims of any character, name and description brought for or on account of an injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the Provider, or of any agent, employee, subcontractor or supplier in the execution of, or performance of this Contract. Provider shall pay any judgment with costs which may be obtained against Brazos County growing out of such injury or damages. SALES TAX Brazos County is by statute exempt for the State Sales Tax and Federal Excise Tax; therefore, the price shall not include taxes. DESIGN, STANDARDS, AND PRACTICES Services to be famished by Provider must conform to the highest standards of practices in the industry. The digitized microfilm to be processed pursuant to this Contract shall meet the highest standards of the industry and shall conform to the standards adopted subsequent to the date of this Contract, if any, by the American National Standard's Institute and/or the Texas State Library and Archive Commission. ACS/B=s CC, IX-Lm gfngAgmanm 2010.dx Page 3 of 21 Vol. � /.J� Pg.4 COMPLIANCE WITH GOVERNING LAWS All services provided for herein must comply with all federal, state, county and local laws governing or covering the type of services included in this Contract. PATENTS /COPYRIGHTS If any claim is asserted or action or proceeding brought against the Client which alleges that all or any part of the software provided hereunder in the form supplied by Provider, or the Client's authorized use thereof, infringes or misappropriates any United States copyright or patent, or any trade secret, license, grant, or other proprietary right, the Client shall give Provider prompt written notice thereof. Provider shall defend any such claim or action with counsel of Provider's choice and at Provider's expense and shall indemnify the Client for any costs, including reasonable attorney's fees, incurred by the Client in connection therewith. The Client shall cooperate fully with and may monitor Provider in the defense of any claim, action or proceeding and will make employees available as Provider may reasonably request with regard to such defense, subject to the reimbursement by Provider of all reasonable costs and expenses occasioned by Client's cooperation in such defense. If the software provided by Provider is, in either Client's or Provider's opinion likely to become or does become the subject of a claim of infringement or misappropriation of a copyright, patent, trade secret or other contractual or proprietary right, or if'a temporary restraining order or other injunctive relief is entered against the use of part of or all of the software, Provider shall at its sole cost and expense select one of the following remedies, which selection shall be in Provider's sole discretion: 1. Promptly replace the software with a compatible functionally equivalent, noninfringing and/or nonrestrained software; or 2. Promptly modify the software to make it noninftinging; or 3. Promptly procure the right of the Client to use the software as intended. Notwithstanding any provision in this Contract to the contrary, Provider will not be responsible for indemnifying Client in the event that the Provider's software has been modified by Client or a third party without the prior written consent of Provider. INSURANCE Provider shall, at all times, maintain sufficient insurance coverage to protect Client from all reasonable loss by liability claims arising out of Provider's performance or lack of performance of this Contract. If Provider materially changes or cancels any insurance policy required by this Contract, Provider shall give Client prompt written notice of same. ��'JJ GG � ACSBra<or CC 7X- 1— gingAgreemnt2010.doc V0 1. 4— Pg. 7% Page 4 of 21 Upon request, Provider will provide evidence of coverage on a standard ACORD form certificate of insurance. INVOICES Invoices shall be mailed directly to: Honorable Karen McQueen Brazos County Clerk Brazos County Courthouse 300 E. 26' Street, # 120 Bryan, Texas 77803 The invoices shall show: 1. Name and address of Provider. 2. Detailed breakdown of all charges for the services or products delivered stating any applicable period of time. Invoices shall be based upon actual services rendered and actual hours of performance and/or products delivered. PAYMENT Agreed payments will be made by Client to Provider upon receipt and acceptance by Client of all completed services and/or products ordered and receipt of a valid invoice in accordance with V.T.C.A., Government Code Section 2251.021. Client agrees to pay late charges of one and one half percent (1.5 %) of any balance due to Provider that is outstanding for more than thirty (30) calendar days. DELIVERY OF HARDWARE EQUIPMENT Provider shall replace the computer hardware and other equipment currently in use by Client with the hardware and equipment set forth on Exhibit `B" and thereafter as may be needed due to hardware or equipment failure, on Client's premises for use of Client during the term of this Contract Subject to the terms hereof, the title and possession of the hardware and other equipment furnished by Provider shall at all times, after delivery to Client, be and remain the sole and exclusive property of Provider. Provider shall permit the use and operation of the equipment currently being leased by Client from Provider simultaneously with the new equipment for as long as 3 weeks as a back -up AC5123=m CC, TX- lmagingAgreem nr2010.doc Pg. � PW50f2! Vol. �O__ i system until the Client is assured the new equipment is working properly. Such old equipment will continue in use during that time at no additional cost to the Client. The hardware and equipment furnished Client according to this Contract shall' not be used by Client during the time period of this Contract except in the furtherance and performance of the specific terms of this Contract. Any operating software that Provider has received from the manufacturer of the hardware or vendor of the hardware shall be delivered to Client for its use, subject to the rights retained in such operating software and restrictions set forth by such manufacturer or vendor and shall at all times remain the property of Provider. Provider, or its vendor(s), retains all proprietary right to such operating software. Upon the availability of the new equipment to Provider, Provider shall schedule Client for System Installati on. Provider will give Client an estimate time and schedule for installation. Provider shall use its best effort to perform in a timely manner. SITE PREPARATION Client will provide at its own expense a site adequate in space and design for the installation and operation of the hardware. Client shall be responsible to provide (i) a site that is temperature - controlled (ii) has the necessary electrical outlet, circuits, and wiring for the hardware, and electric current of sufficient quality and quantity to operate the hardware, and (iii) cooperate with Provider in making arrangements with the local phone carrier for installation of a DSL, ISDN or phone line to the County Courthouse. Any charges due to the phone carrier for installation and monthly service charges shall be at Provider's expense. Client shall be responsible, at its cost, for the proper cabling and wiring of the County Clerk's Office with cabling sufficient to operate the system described herein. Provider shall notify the Client of the type and quality of cabling required to service the equipment. Provider has no duty to prepare the site for installation of the hardware, except as provided above, but does have a duty to give notice to Client of any inadequate conditions which it finds regarding the site. INSTALLATION AND TRAINING Provider shall have the duty to install or reinstall, if necessary, the hardware at the site designated by Client. Provider shall also have the duty to provide the adequate and necessary training, as determined in Client's sole judgment, of Client's employees for the operation of the above described hardware and for the understanding of the use of the software. If requested by Client, Provider will furnish additional training at Client's site to compensate for any employee turnover or software upgrade, and to ensure Client's ability to fully utilize all hardware provided. All installation and training is included in the prices set forth in Exhibit 'W'. i ACSIBra=oa CC, TX- 1ma9in9Agmwmr7010.doo Vol. �/`5 Pg. Page 6 of 21 LICENSE Provider grants to Client the non - exclusive, nontransferable, revocable right to use the software provided under this Contract during the term of this Contract; such right specifically excludes the right of Client to sublicense, assign, or sublease any of its right hereunder without express written consent of Provider. Client agrees that the software products licensed herein are proprietary, and that Provider or the owner of the licensed software products retains ownership of all rights, title and interest of its licensed software products. Provider agrees to provide all updates of the Software described herein at no additional charge. All enhancements made on behalf of Client by Provider will be proprietary to Provider. TERMINATION FOR BREACH OR DEFAULT BY ACS If ACS materially breaches any of the terms and conditions set forth in this Agreement or fails to perform the obligations set forth in this Agreement and fails to cure the breach or failure within forty -five (45) calendar days (or other reasonable period stated in the notice) after receipt of written notice specifying the basis for the breach or failure to perform, Client may terminate this Agreement Termination by Client shall be effective upon delivery of final payment to ACS of all sums due under this Agreement to the effective date of the termination. Client agrees to discontinue use of all hardware, software, and other ACS -owned materials no later than the effective date of termination and return the hardware, software, and other ACS -owned materials to ACS within thirty (30) calendar days after termination. TERMINATION FOR BREACH OR DEFAULT BY CLIENT If Client materially breaches any of the terms or conditions set forth in this Contract or fails to perform the obligations set forth in this Contract and fails to cure the breach or failure within forty -five (45) calendar days (or other reasonable period stated in a notice sent by Provider) after receipt of written notice specifying the basis for the breach or failure to perform, Provider may terminate this Contract for breach. Termination by Provider shall be effective upon receipt by Client of.a written notice to terminate. Client agrees to discontinue use of all hardware, software, and other Provider -owned materials no later than the effective date of termination and return the hardware, software, and other Provider -owned materials to Provider within thirty (30) calendar days after termination. TERMINATION WITH NOTICE Either party may terminate this Contract at the end of the initial term or any renewal term by providing ninety (90) calendar days written prior notice to the other party of the non - renewal of the Contract. i .IC&'Br=W CC, 7X- 6aagtag,[greeWW 2010.dw i Page ] of 21 TERMINATION FOR LOSS OF FUNDING This Contract is subject to termination for convenience upon not less than thirty (30) days written notice to Provider if Client has failed to receive funds for the continued procurement of the products or services set forth in this Contract after every reasonable effort has been made by Client to secure the necessary funding and if no substitute arrangement is made by Client to obtain the same or similar products or services from another source. Provider will, as part of the pricing set forth on Exhibit A, place all Brazos County Clerk's Real Property Records (indices and records) on -line commencing with the date of this Contract and going back to January 1, 2000. Such records will be accessed at www.Texaslandrecords,com. The revenue derived from the searching of the records on the internet will be rebated to the Client by deducting the amount of money Provider received from the internet searches from the County Clerk's monthly invoice. Provider will charge a 50% administration fee to collect and disburse the internet searcher charges. Provider agrees to provide a monthly accounting to Client to verify internet revenue and administration fees. Client reserves the right to have such records audited annually at Client's expense. The per image retrieval and per copy price and subscription fee will be set by Client. INDEPENDENT CONTRACTORS It is agreed and understood that Provider, and its employees, agents, representatives, and anyone acting on behalf of Provider are independent contractors for the purpose of this Contract. PROPRIETARY RIGHTS Provider shall have the sole and exclusive right to patent or copyright any work resulting from its services. In order to protect Provider's interest in these materials, Provider will retain all proprietary rights including but not limited to source programs, object programs, control language procedures, systems design, modular program structure, system logic flow, technical documentation, report and video formats, subroutines, processing techniques and procedures, and report generation which were prepared on behalf of Client, subject, however, to the section of this Contract entitled "Title to Recorded Media ". As part of this Contract, Client is granted a non - exclusive license to use these materials. WARRANTY AND DISCLAIMER Services to be performed by Provider will be done by qualified personnel, properly supervised, and will meet such other specifications as are mutually agreed upon by the parties. Provider further warrants and represents that the hardware and software together will perform in i Vol. /S �' j ACSB�aa CC, TX- Jmaging9gresmenf 10r0.dac p(�, Page 8 of 21 accordance with the terms of this Contract. Provider warrants that each delivered and installed product will be in good operating condition on the day it is accepted. If any delivered material or product is not in good operating condition on the date of installation, Provider will make adjustments, repairs, and replacements necessary to place the product or material in good operating condition as promptly as possible after installation. If Provider can' not make the system operable after adjustment or repairs within 5 days of installation, Provider will install new hardware and/or software. THE LIMITED WARRANTIES SET FORTH IN THIS SECTION, AND THIS CONTRACT, ARE MADE TO CLIENT EXCLUSIVELY AND ARE IN LIEU OF ALL OTHER WARRANTIES. PROVIDER MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO ANY HARDWARE, SOFTWARE OR THE SERVICES PROVIDED UNDER THIS CONTRACT, IN WHOLE OR IN PART. PROVIDER EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER EXPRESSLY DOES NOT WARRANT THAT ANY SOFTWARE OR ANY HARDWARE WILL BE ERROR -FREE, OR WILL OPERATE WITHOUT INTERRUPTION. CLIENT WAIVES ANY CLAIM THAT ANY OF THESE WARRANTIES OR THE REMEDIES PROVIDED UNDER THIS CONTRACT FAIL OF THE ESSENTIAL PURPOSE FOR WHICH THE WARRANTIES OR REMEDIES ARE PROVIDED. CARE AND USE Client shall protect the hardware and software furnished by Provider from deterioration other than normal wear and tear. During the period of this Contract, Client shall not use the systems famished by Provider according to the Contract for any other purpose other than that for which they were designed and only for the purposes intended for the performance of this Contract. Parties agreed that the cost of hardware maintenance service is included in the charges as stated in Exhibit "A ". Provider assumes the obligation to repair and maintain such systems in good operating condition and repair at all times during the term of this Contract, subject to the risk of loss provision below. The Client shall not, without prior written consent of Provider, affix or install any accessory equipment or device on the hardware that will either impair the originally intended function or use of such hardware. Client will not move the hardware or permit the removal of any hardware from the original installation site without Provider's prior knowledge. Notwithstanding any provision in this Contract to the contrary, the parties agree that Provider will bear the risk of loss or damage to any hardware while in transit to Client installation site(s). Client will bear all risk of loss or damage to hardware after delivery to the installation site(s), unless the loss or damage is due to the negligence or willful acts of Provider, its employees, agents, representatives, or subcontractors. AC&T=os CC, rX - hwgmgAgree n! 2010.do page 9 of 21 Vol, � � /S r qYjV6ZIT8IV_I Provider has its only customer support and development center in Dallas, Texas. This center only supports Provider's products and services. It handles hardware and software calls. Provider serves as the single point of contact for all support and maintenance issues for its customers. Provider's philosophy is to insure that if a customer has a problem they can access the customer support center by 800 -phone number and receive attention via an operator. All problems identified by phone shall be resolved within a reasonable amount of time. Provider will dial -in to the records management and imaging system and perform proactive support as well as normal maintenance and software problem resolution. Provider will guarantee a response or resolution within a reasonable amount of time. Provider will maintain in conjunction with the system design specification a problem log that details all customer requests; regardless as to whether they are scope issues, software problem reports or enhancement requests. This log shall be available to all customer and project personnel at all times. Each issue identified in the log will contain a date of submission and the name of the person submitting the request. As a function of Provider status reports, Provider will provide a summary of the number of issues opened, the number of issues closed, issues requiring management attention (such as contractual issues), and copies of all resolved issues (resolution forms) from the pervious month. It is the intention of Provider to have all issues resolved as soon as possible. TTTLE TO RECORDED MEDIA It is expressly agreed by Client and Provider that title to all media recorded pursuant to this Contract, in any form, (including, but not limited to: silver halide microfilm, hard disks, internet images, and any other magnetic recording) shall belong to the County Clerk of Brazos County. DEFAULT The occurrence of any one or more of the following events shall constitute a default under this Contract: Failure by Provider to perform any term, covenant or condition of this Contract, which default shall continue for a period of fifteen (15) days after'Client furnishes Provider written notice of such failure to perform; I Failure of Provider to repair or replace faulty or malfimctioning equipment, products, or materials within 48 hours of receipt of notice from the County Clerk, or failure of Provider to furnish adequate and proper training or retraining of Client's employees as deemed reasonably necessary by the C unty Clerk for Client to properly use the hardware and software of Provider; AC"B sCC, rX- I=&g.4reewnt2010.da Vol. ;?—/j pg. O�5' Page 10 of 21 • Failure of Provider to furnish the necessary hardware or software to site of Client as agreed upon herein; • Except as provided herein, failure of Provider to protect from dissemination, without Client's prior written consent, the data which is indexed and stored by Provider; • Failure by Client to pay payments or other amounts payable by Client under this Contract pursuant to the Texas Government Code §2251.021; • Failure by Client to perform any term, covenant or condition of this Contract, which default shall continue without the commencement of a cure, for a period of fifteen (15) days after Provider furnishes Client written notice of such failure to perform. REMEDIES UPON DEFAULT Client reserves the right to enforce the performance of this Contract, in the event of a breach, in any manner prescribed by law. Provider shall reimburse Client for all reasonable costs and reasonable expenses incurred in connection with the enforcement of any right or remedy under this Contract, including reasonable attorney's fees. Client shall reimburse Provider for all reasonable costs and reasonable expenses incurred in connection with the enforcement of any right or remedy under this Contract, including reasonable attorney's fees. Breach of Contract or default by Provider authorizes Client to terminate this Contract, purchase the services provided herein elsewhere and charge the full increase in costs, if any, to the Provider. LIMITATION OF LIABILITY NEITHER PARTY SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND RESULTING FROM THE PERFORMANCE OR NON- PERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT EVEN IF THOSE DAMAGES ARE ATTRIBUTED TO BREACH OF THIS AGREEMENT, TORT, NEGLIGENCE, OR OTHER CAUSE OF ACTION. THE PARTIES AGREE THAT THIS LIMITATION SHALL APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF NON- DIRECT DAMAGES OR IF, UNDER APPLICABLE LAW, NON - DIRECT DAMAGES ARE CONSIDERED TO BE DIRECT DAMAGES. PROVIDER .4CSM="CCU 7X- 1=gWg.4reemmr2010doo /•% �'" Page 11 of2t C SHALL NOT BE LIABLE FOR ANY FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS FROM THE HARDWARE, SOFTWARE OR SERVICES PROVIDED UNDER THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT PROVIDER HAS SET ITS PRICING AND ENTERED INTO THIS CONTRACT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTY AND DAMAGES SET FORTH IN THIS CONTRACT, AND THAT THE THESE LIMITATIONS AND DISCLAIMERS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. :EXCEPT FOR SERVICE FEES AND AMOUNTS EXPRESSLY DUE AND PAYABLE TO PROVIDER UNDER THIS CONTRACT, IN NO EVENT SHALL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO THE OTHER PARTY FOR ANY CLAIMS, PENALTIES OR DAMAGES, WHETHER IN CONTRACT, TORT, OR BY WAY OF INDEMNIFICATION, IN AN AMOUNT EXCEEDING FIFTY PERCENT (50 %) OF THE FULL PRICE OF THIS CONTRACT. NOTICES Any notice required or permitted under this Contract shall be in writing and sent by certified mail, personal delivery or overnight courier to the following: Client: Honorable Karen McQueen Brazos County Clerk Brazos County Courthouse 300 E. 26" Street, 9120 Bryan, Texas 77803 RETURN SOFTWARE TO PROVIDER ovider: Hubert P. Auburn Vice President Government Records Services, Inc. 2800 W. Mockingbird Lane Dallas, Texas 75235 Upon the termination, regardless of cause, or expiration of this Contract, Client shall within 10 days of such termination or expiration, return all software furnished herein to Provider. Within 15 days immediately following such termination or expiration of this Contract, a representative of Provider shall have the right to go onto Client's premises, access all hardware furnished by Provider and remove from such hardware, hard - drives and software furnished by Provider that has been downloaded onto such hardware. MISCELLANEOUS If any provision of this Contract is held to be illegal, invalid, or unenforceable, that provision shall be severed or reformed to be enforceable and the remaining provisions hereof shall remain in full force and effect. ACSM=m CC, TX. Imaging Agreement 1010.doc Page 12 of 21 This Contract embodies the entire contract of the parties with respect to the! subject matter hereof. This Contract cannot be modified except by written amendment or change order signed by both parties hereto. This Contract shall be construed and enforced in accordance with the laws of the'State of Texas, and performable in Brazos County, Texas. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Contract on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. For the purpose of this original Contract, time is of the essence. EXECUTED in two (2) originals in Brazos S4 Kaay'V 2010. CLIENT: Brazos County, Texas Brazos County Courthouse 300 E. 26h Street, #1 Bryan, TeW780,, By. ����- Randy Sims, unty Judge Acting on be of, and by the authority of The Commissioners Court of Brazos County, Texas Kare McQueen, Brazos Clerk County, Texas on this the _J J day of PROVIDER: Government Records Services, Inc. 2800W. Mockingbird Lane Dallas, Texas 75235 By: Hubert P. Auburn Vice President ACSMr CC, 7X- ImagingAgxement2010.doc / C Page 13 of 21 W4 ail I1 © PRICING I. Full Service Computerized Indexing: Real Property Records Price Per Instrument Per Month: 1 - 100 Instruments - $3.98 each 101- 200 Instruments - $3.94 each 201- 1,700 Instruments - $3.68 each 1,701 - Up - $1.63 each In the year 2008, Brazos County Clerk averaged paying $7,400.00 per month for Full Service Computerized Indexing for Real Property Records. Monthly prices fluctuate depending on the number of instruments filed in the County Clerk's office each month. Average Monthly Cost - $7,400.00 Il. Optical Imaging System: Real Property Records and Vital Statistic Records Monthly Cost - $4,340.00 Includes the following: 1. Computer hardware, software, hardware upgrades, software upgrades, training, and maintenance, 2. All supplies: Paper, toner cartridges, binders, shelving, cleaning and back -up tapes 3. Digital conversion of imaged Real Property and any other documents recorded on the ACS system to 16mm security microfilm. 4. Installation of DSL, ISDN, or phone line into Brazos County Courthouse and hook -up to hardware. Cost,of monthly phone charges for service. 5. Storage of all Brazos County Clerk's records security microfilm in a temperature/humidity controlled vaults for safekeeping and backup. 6. Storage of Grantee/Grantor indices on magnetic tape for security backup and safekeeping. 7. Quarterly and yearly printed Grantee/Grantor indices in alphabetic format. AC"r� CC. 7X- lmagi„gAgrem nt 2010.dx Vol. /� L /� Page Pa 140 1 2 - - -- I 9 a All Real Property images from January 1, 2000 forward will be loaded onto your new system. All available Real Property images www.texaslandrecords.com. III. Total Average Monthly Billing - Full Service Computerized Indexing of Real Property Records, and Optical Imaging System for Real Property Records and Vital Statistic Records will be maintained on -line at $11,300.00 IV. Microfilm Conversion of Real Property Records includes importing to ACS 20/20 Perfect Vision computer system, matching to the existing grantor /grantee index and any hardware upgrades to maintain systems performance (project specifications see Exhibit "E'). This service will be invoiced at $0.55 per each instrument converted and billed separately each month as the work is produced and loaded to the computer. There are approximately 674,600 instruments to be converted from 1967 to 1999. This project will take approximately 39 months to complete utilizing records management/archive fee established in September 2009 by Brazos County Commissioner's Court and is consistent with Brazos County Clerk's 2009 Records Management Plan. ACS will convert approximately 17,300 previously filed instruments per month for 39 months. The conversion will begin with filing year 1999 and work backwards through 1967. This project will begin on signing date be invoiced at $9,515 per month until completion. SPECIAL NOTE: Subject to the "Care and Use" provision in the Contract, Provider is responsible for all hardware maintenance, including but not limited to the backing up of the hard -drive on all equipment leased hereunder. In the event that a hardware component is damaged or not working properly, it is Provider's full responsibility to replace the damaged component /equipment for the County in the most efficient and timely manner. In the unlikely event that the hard drive of the server is damaged, Provider has the capability to load down all index information and images onto another server and replace the damaged one in the most efficient and timely manner. AC"rxos CC TX- lwgingAgreement1010.doe VOL �/� Page 15 of 21 Pg.-Y2 Hardware Component Quantity Description Dell PowerEd a T300 Tower 1 Image and Data Base Server C SmartUPS 1500 LCD 1 UPS for Server Dell OptiPlex 960 Minitower w/ 22" CD 2 Scanning Workstation Fujitsu fi -6240 2 lex: Scanner Dell OptiPlex 960 Small Form Factor w/ 22" LCD 9 ublic Workstation Dell OptiPlex 960 Small Form Factor w/ 22" LCD 6 hiering Workstation Axiobm 760 6 Zeceipt PrinterNalidator G 6 "h Drawer Hewlett Packard LaserJet 4015x 3 ed Duplex Laser Printer C Back -UPS 550 8 Scanning and Cashie ' Workstations C SurgeArrest Performance 11 rips for Public Workstations, Firewall, Switch ell PowerConnect 2824 Switch 1 Switch isco ASA 5505 1 Se to GO Station 2 ocking Station for Backup Drives S ate GO Drives — 500 GB 6 Packup USB Drives Software Microsoft Windows 2008 Server Standard — 64 bit Microsoft SQL Server 2008 Microsoft Windows XP SP3 McAfee Anti-Virus Symantec Ghost Kofax Adrenaline Image Processing Engine (Scanning) PDF Factory Pro Server (Server) i ACSBr CC. 7X- Imaging Agreement 2oiadoa Vol. /,S Pg. _ Page l6 ajli 0.14:111MEQ BRAZOS COUNTY PROCESSING The following is a step -by -step process for the operation of the Brazos County Clerk's office for Real Property Records with the new equipment. 1. After a document has been filed through cashiering, (as such process is described in a separate Contract) it is ready to be scanned. The document number and the number of pages are passed through the system to the scanning station. The Client has the option to scan the image immediately or wait until it receives a range of instruments to scan. The programs can run reports on which documents were scanned for the date and let you know if any numbers were skipped. The Client also has the ability to rescan if an image didn't scan properly onto the system. Once the Client saves that image to the system, it is ready to be viewed by the instrument number. 2. When the Client is done scanning for the day, they will send the daily images (documents) to Dallas. The images will be transferred to Dallas by DSL, ISDN, or modem line, whichever is available and most feasible, to be indexed. Once Provider receives these images, it will return the index back to Client the next day. Provider will blind verify the indexing, and create a roll of security microfilm to be stored in our temperature/humidity- controlled vault. 3. The index information will attach to the proper images that coincide with that instrument At that moment the instrument is ready to be searched by the public. 4. Provider will continue to send printed indices and merges back to Client. (Currently doing this.) The Provider shall print and provide all hard bound printed indices required by this Contract. 5. Provider will send the digitized Grantor /Grantee indices to Client, the next day, after Provider receives the scanned images via DSL, ISDN, or modem line from Client. Electronic Recording System (eRX) ACS has implemented the Electronic Recording Program into the existing recording and indexing process. ACS shall fulfill the following dudes and obligations in support of the electronic recording system. AC&Br=w CC, TX- Imaging AgreeMM 2010.da / Vol. Pa 17 � 21 � /_h Pg._�� ge a. ACS will be responsible for providing, supporting, and maintaining the eRX System software and the interface to the County Land Record Management System. b. ACS will ensure that eRX System is secure and that once documents are received, they remain immutable until such time as they are recorded. c. ACS will work with the Submitting Company and County to resolve issues encountered in the Electronic Recording Process that are within the scope of the system and software used to support the Electronic Recording Program. d. ACS will maintain an audit trail of documents received, the source received from, dates and times received, receipts received, receipts transmitted, and any errors encountered. The aforementioned duties and obligations will be fulfilled in a timely fashion at ACS' expense. County shall fulfill the following duties and obligations. a. County shall protect the integrity of the recordation process through ongoing monitoring of documents received and recorded through the Electronic Recording Program. b. County (and, if applicable, any tbird -party providers retained by County) will work with ACS to install, configure, and administer the necessary infrastructure components to facilitate the Electronic Recording Program. c. County (and, if applicable, any third -party providers retained by County) shall test and maintain the software and hardware required to operate the Electronic Recording program. d. County shall apply the same level of diligence in handling documents submitted electronically as those submitted through the normal paper process. The aforementioned duties and obligations will be fulfilled in a timely fashion at County's expense. ACS,Bro =as CC, rX • lmagingdgreewn,1010.dw E 01. 18 of11 ge _ /� Pa 9Ja FULL SERVICE COMPUTERIZED INDEXING OF LAND RECORDS Provider is capable of performing data input from a variety of microfilm formats including 16mm and/or 35mm rolls that contain the Client's various records images. Provider utilizes a virtually error -free procedure for the entering of land records index data involving a combination of 100 percent key verification, machine editing procedures that will catch alphabetic data in numeric field and vice versa as well as machine checks for missing instrument numbers, missing parties to the document, et cetera, intensive operator training on documented reference materials for key entry personnel. The computerized indexing services includes an alphabetic listing of the Grantors, an alphabetic listing of the Grantees, a `Missing Numbers Report" to account for all the Clerk's instrument numbers showing all the documents indexed in each group of documents submitted by Brazos County Clerk. The Grantor /Grantee index output reports have the following specifications: 1. The names fields are 40 characters to minimize the need for operator judgments on abbreviations and to assure a truer alphabetic sort procedure. 2. The type of document field has 20 characters to prove adequate room to spell out most document types and certain combination document types. 3. Case numbers and money amounts are shown on all index entries for abstracts of judgements and tax liens. 4. Money amounts are shown on deeds of trust index entries. 5. Prior document references on assignments and releases are shown on the index report. If both volume and page prior document reference and a money amount are shown on the same document, the volume and page prior document reference will take priority over the money amount with respect to the information printed on the index report. 6. The page format of the data prominently displays the inclusive certification dates for the index series at the top of each page. 7. If requested by the Brazos County Clerk, all properties described on a document are shown on the index, regardless on number. 8. The output pages are approximately 8 -1/2 by 14 inches in size, printed in a landscape mode and is a laser print -type quality. Acs*=wCr. Tx- Imagingjvmwntloiadw � Page 19 of 21 FO l. Pg. 9. Provider furnishes the necessary sectional post binders of a plastic or poly material comparable in quality and style to those currently in use by the Client Alphabetic and `current" divider tabs and customized printing or labeling of the binders are also included. 10. Each index is merged with the prior month's index. 11. All months' indices are merged to create a year's index. 12. At the end of each year, that year's index is merged with the previous years' indices. The indices are merged in five (5) year periods, then the two (2) 5 -year merges are merged into a 10 -year merge. The Provider's System prints the merges on both sides of the paper, not just on the front side. ACS /B=os CC TX- Imog7ngdgeement2010.dw Vol CA Pg. Cfl,L Pw 20 ii=l EDIT "E" CONVERSION OF REAL PROPERTY MICROFILM, LOADING, LINKING TO REAL PROPERTY COMPUTER SYSTEM For film scanning ACS will retrieve the microfibn from ACS storage vault as needed. Technicians will inspect each shipped microfilm for quality, to detect any film that may have deteriorated or may contain poorly exposed document images which could be problematic for image conversion. Notices of any problems will be forwarded to Brazos County assigned staff members. The microfilm will be scanned in dual stream mode (Grayscale and TIFF) using our existing latest generation state -of -the -art NextScan Eclipse hi- speed, high - quality microfilm scanning devices providing an initial image output of 300DPI. As each volume is scanned, the scanner operator will add a control system entry indicating, total pages scanned, date of scanning, and scan station number. Page numbers are compared to system generated number as the pages are scanned and the operator notes any discrepancy in the control system. This identifies any missing or alpha suffixed page numbers. Missing pages will be reported to Brazos County as specified by a detailed image /audit report which will also be provided. During scanning the operator will monitor image quality and rescan any documents of less than desirable quality. If necessary the technician will use ACS image - correction software to sharpen Grayscale images and convert to 200 DPI Tiff images. The result will be digital images of the highest and most consistent quality. After scanning, images will be reviewed again to ensure the overall quality of the scanned images and that all corresponding microfilm images have been scanned and post - processed, quality reviewed with 100% image inspection, and numbered according to required format. Images will be organized as batches by Record Book Name, Volume and Page within a directory with the directory name being the book name. Electronic images will be processed for file naming and final QC. Any files failing QC will be rescanned and reprocessed. These reprocessed images will be reviewed by management to verify that best effort has been applied to each questionable image with the resulting image being of the highest image quality possible from the original image scanned. After film conversion and tagging, the newly created images will be imported to the ACS 20/20 System. Images will be matched and linked to the existing grantor /grantee index. New images will be downloaded via remote communications on your system providing a seamless transition. New images will also be added to the Brazos County real property web based on -line service. ACSBrT CC. TX. lmOgAgreewnt 1010.doe -�- Page 11 of11 Vol. �?_ Pg. Contract Details Page I of 1 ; Idt Bt .r Enter sm Oatada 0 Name Co.., Conn... Tnu,pos Se.'ry Dm. Center Trlemm IT Leadership About ago C.nb.u. < R![Lrn to Search fesulb < Rllirn to Naln Self[D ACS State & Local Solutions, Inc, How to Order URL YendiuYyebate DIRCentrad NUMtHr DIR -SDD -1647 1. Far product and pdtlnp InformaUOn, visit me Vendorlb 113199664]601 Contract Term 12M Date 3/312014 qCe Va B ,van ed Mt1 In 25000. Or HUB TYDO Nan HUB Contract ExP Deb 31312015 Cann. etncv fmnnw et (214) 902 -5000. 2. Generate a purchase Order, made payable ra ACS Stale & Local Solutions, Inc. DIR ACS Stata & local Solutions, Ina.. You must reference the DIR Contract NumEar 014,110 - fgnbct Stacy Grano, Cgnbct Dann Eesser 1607 an your e order, Phpre (214 902 -5000 Phone (512) 9365432 your and quote purttal 9, E-mail or Fax yoour Fax (214) 902 -5050 Fax (512)4)5 -4]59 form tb your aced wnONe designated vendor sales atIva. rcpnsenbtiva. Contract Overview Available Brands DIR nepotbtes priding for a gv,ntity III` one. Customer, are encouraged b negotiate adaldonal dkcounts based an volume. ACS Jury Management System DIR maintains a default ad.I.Wative fee er .50 perogni, In some use; the fee ACS Property Tax may be A, law as .25 percent Agnecoun Edpesoft Get Adobe Render n1aBOUnd Contrat, DIR -SOD -1647 FIREHOUSE ' Standard Terms and Cendltiena POP - 421 KB TMs appendix contains the standard DIR Terms and Condltlem for the contrast as of the data Identified. My Initial exdp0ons to these, Tam will Be conralnM In the original Available Products & Ssrvlces Ionized. All subsequent changes Or updates TO the Terms and Conditions will be renedad in oonbxct amendments. Software HUB SObeontrassinn Plan (HRP) POP -341 KS I Updatad 03 /03/2011 The purpose of the HUB Program Is to promote full and equal business oppartunitles for ad bus111e55K In Stab mntraWng In adorda se with the goals spedned In the State of Texas Disparity Study. The HSP Id4ntmes all authorized reseoiers and /or all submnb,nors pedomling sevates. Prldd, POP -140 KR I Updated 11/13/2012 Pricing tar available products anti /or servlzes under this canea are amlted to those Identified N We appendix. Additional Contract Information EleeOOrl. and Information Reaourrws (EIR) Mcusiblilty ArmeMM D. SRware lcense ADRement (72 KB) Infpmlatlon regarding EleMonk and Information Resources(EIR) awassldllty of this AgpddIx E(12095) q vandals offerings is lneuded In the contra= Agendm purchasing Products or seNces are Aanendix F(215 KB) responsible for complying wrtn Texas EIR Acdo lWlRy statute and rules, As denned N TGC Apogndlx - (160 M) 2054 Subduipl r N, ITAC 206, And 1 TAC 211 For addRWnal Information, volt We whom Moundbi, H (181 KB) Moshe Or tartan the veMw directly, Agog%W (213 KB) Reseller Vendor Contacts There am no mmeler5 As x<lated wan mis contra. O,.hW CM.I., wmwry .warrant Lrary E441 DaP6 of Information R... 4aratit a±__ ^ m SAO Fraud Renlna $n1$Ifg R No W. 15th St. .. 13CO re Smnmd Slaaa Homeland d- esurlhe Sift Meg Aue11r, W )9)01 W Banned?rzIumment Smedub Sum.R ,W Job tbsthwa (512) 0)54)00 Ir.nle lo-nn eanrmas Iex:n.uLy $seufJa pAta [e wr Tf�.Rm 1LJ,4ilgsDL'yt honul_OJH rd91a25U e` Depnment d IRIWAmdon U,. ads 1D12 Vol. p9•4_ later.• / /unanv r16 tnvaq rrnv/ int /nnntrante/Paesaao(tiPM�wonv I'll rn r�o7t1 nlTa qnn 14111 nni �o BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR NO. 14/15 14.1 -14.2 On this the 6th day of January 2015 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 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 6th day of January 2015 the Court heard and approved a budget amendment for the 2014 -2015 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 9 September 2014, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 6th day of January 2015. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: c Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget P9.-It- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 -14.1 Vol. / � pg. 7— BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 14.2 116/2015 artmept "App[aual _: ,.. ». Date inty �Lujge.:/iProval p d PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 06, 2015 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 Juvenile Sheriff —Jail Taylor, Ashley Artis Jr., Mark Bachmeyer, Brian Bievins, Josie Urbanczyk, William Approved in Commissioners' Court: January 06, 2015: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Transfer w /in Dept. Resignation Promotion Transfer Win Dept. Promotion Vol. 2 pg.�0/ I