HomeMy WebLinkAbout2015-12-22 10:00AM REGULAR MEETINGI-- I i-... F t
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BRAZOS COUNTY
BRYAN,TEXAS
7
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL
MEET IN REGULAR SESSION ON DECEMBER 22, 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 Wassermann
2. Call for Citizen input and/or concerns.
Consider and take action on agenda items 3 -16:
3. Request from the Information Technology Department for Desmond Harris to travel out-of-state to Long
Beach California to attend the Laserfiche Empower Training Conference. Travel dates are January 10-
16,2016.
4. Consider and take action on authorization for a payment to Tyler Technologies in the amount of
$620,599.72 that is variance to contract provision 3.6.
5. Consider and take action on approval of requisition # 00054430 to Tops Printing in the amount of
$640.20 for the printing of eight canvas wrap prints of county buildings.
6. Consider and take action on authorizing the Tax Assessor to sign a remote deposit agreement with
BB&T.
7. Consider and take action on Project Administrative/Development Interlocal Agreement between the
Brazos Valley Council of Governments and Brazos County for the administrative and project oversight
for the expenditure of Hurricane Ike Round 1 funding.
8. Consider and take action on a Project Maintenance Interlocal Agreement between the Brazos Valley
47
Vol. pg•�12
residential services.
10. Renewal of contract with Bailey Concessions for concessions located at the Exposition Complex.
11. Cancellation of contract with Kofile. Inc for Full Service Computerized Indexing and Services for Vital
and Real Property Records due to unforeseen delays in development of product.
12. Renewal of contract with ACS(Government Record Services) for Full Service Computerized Indexing,
Optical Imaging Systems and Services for Vital and Real Property Records.
13. Tax Refund Applications for the following:
a. Rain and Hail Ace American -overpayment -$525.82
14. Budget Amendments.
Budget Amendment FY 15116 13.1
15. Personnel Change of Status.
Personnel Action Forms
16. Payment of Claims.
17. Sheriffs report on inmate population.
18. Announcement of interest items and possible future agenda topics.
19. Call for Citizen input and/or concerns.
20. Adjourn.
Vol. oZ ,3U pg.y��
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 tray 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 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, 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 services must be made two
working days before the meeting. To make arrangements, please call (979) 361-4102.
Pg.
BRAZOSCOUNTY
BRYAN,TEXAS
MINUTES
December 22, 2015
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
A-• Signature Page.0
M File Stamped Agenda.pdf
Ir' Sian in sheeLpdf
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, December 22,
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 Wassermann
Call for Citizen input and/or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 - 16:
3. Request from the Information Technology Department for Desmond Harris to travel out-of-state
Vol. AdD pg.—!�Y_
to Long Beach, California to attend the Laserfiche Empower Training Conference. Travel dates
are January 10-15, 2016.
Item 3.pdf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
4. Consider and take action on authorization for a payment to Tyler Technologies in the amount of
$620,599.72 that is variance to contract provision 3.6.
11=J Item 4.pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
5. Consider and take action on approval of requisition # 00054430 to Tops Printing in the amount
of $640.20 for the printing of eight canvas wrap prints of county buildings.
LLQ Item 5.pdf
This requisition is for pictures of buildings that have been built and/or remodeled by the Court
since 2002. These pictures will be hung in the County Judge's conference room.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Irma Cauley. Passed. 4-0. Members voting Aye: Catalena , Cauley , Peters , Wassermann .
Members voting Abstain: Mallard .
6. Consider and take action on authorizing the Tax Assessor to sign a remote deposit agreement
with BB&T.
8- Item 6.pdf
A copy of the agreement is attached
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
Consider and take action on Project Administrative/Development Interlocal Agreement between
the Brazos Valley Council of Governments and Brazos County for the administrative and
project oversight for the expenditure of Hurricane Ike Round 1 funding.
11=J Item 7.pdf
Roger Sheridan with the Brazos Valley Council of Governments explained that the grant will be
used for Hurricane Ike and how the money would be allocated. Mr. Sheridan said that the
BVCOG will handle the application process and that each county is allocated $100,000.
A copy of the agreement 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. Consider and tpke action on a Project Maintenance Interlocal Agreement between the Brazos
Valley Council of Governments and Brazos County to outline the responsibility of the County
for long term maintence of the project(s) implemented using Hurricane Ike funding.
8 Item 8.pdf
A copy of the agreement is attached.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Vol. 69.5
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters
Wassermann .
9. Discuss and take possible action on renewal of contract with G4S Youth Services, LLC for
juvenile residential services.
m Item 9.pdf
A copy of the renewal of contract is attached.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner -Loyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
10. Renewal of contract with Bailey Concessions for concessions located at the Exposition
Complex.
112� Item 10.pdf
A copy of the renewal of contract is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
-Loyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
11. Cancellation of contract with Kofile, Inc. for Full Service Computerized Indexing and Services
for Vital and Real Property Records due to unforeseen delays in development of product.
0 Item 11.pdf
Purchasing Agent, Charles Wendt explained that Kofile, Inc. was not able to complete the
project by December, which is when the current ACS contract expires.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Lloyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
12. Renewal of contract with ACS(Government Record Services) for Full Service Computerized
Indexing, Optical Imaging Systems and Services for Vital and Real Property Records.
Item 12.pdf
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
13. Tax Refund Applications for the following:
e a. Rain and Hail Ace American -overpayment -$525.82
Item 13.pdf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane
Peters. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
14. Budget Amendments.
Budget Amendment FY 15/16 13.1
1B Item 14.0df
13.1 Reallocate funds for Juvenile Services.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
15. Personnel Change of Status.
Personnel Action Forms
Item 15.odf
A copy of the Personnel Change of Status requests is attached.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny
Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
16. Payment of Claims.
Or) BILL LIST 12.22.15.odf
IM Claims Sheet.odf
IIAB10Y11YWAI:1111IN
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
17. Sheriffs report on inmate population.
e. I temAp p ro val$ heet.htm l
Wayne Dicky, Jail Administrator stated there were 581 inmates in jail, 32 have electronic
monitors and 26 are pending for monitors.
18. Announcement of interest items and possible future agenda topics.
There were no announcements.
19. Call for Citizen input and/or concerns.
Commissioner Catalena wished everyone a Merry Christmas.
20. Adjourn.
Vol. —g-j—o Pg�%. r
The foregoing minutes of the Commissioners Court meeting held December 22, 2015
have been examined and are approved in open Court this day of
, 201/, in Bryan, Brazos County, Texas.
Duane Peters
County Judge
Sa my Catale a
Commission Precinct 2
Irma Cauley'
Commissioner, Precinct 4
Attest:
( /A- 6
Karen McQueen
County Clerk
Lloyd Wassermann
Commissioner, Precinct 1
�I
Kenny Malla P
Commissioner, recinct 3
) pg. -Zl-$-
BRAZOS COUNTY
COMMISSIONER'S COURT
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BRAZOS COUNTY
COMMISSIONER'S COURT
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Vol..30 Pg._ `��
Tax ID #:
CLIENT REMOTE DEPOSIT AGREEMENT
MW
This Remote Deposit Agreement ("Remote Agreement") is entered into on by and between
Branch Banking and Trust Co. ("Bank") and
("Client") for the service of remotely depositing checks ("Service") in accordance with the terms and conditions of this
Agreement and the Commercial Bank Services Agreement ("CBSA" ).
Bank and Client agree as follows:
A. CLIENT'S OBLIGATIONS:
1. Compliance. Client agrees to abide by all federal, state, and association laws, regulations and rules, including
the rules of the National Automated Clearinghouse Association ("NACHA") applicable to its respective activities
hereunder as provided by Bank. Client agrees that this section Al is an obligation for the benefit of and a
contract with, any bank acting as an originating depository financial institution for Bank.
2. Equipment. Client must purchase and/or use one of the recommended and approved scanners meeting Bank
standards and requirements, as updated from time to time ("Standards"), that allow for capture of check images
and MICR information utilizing the Bank remote deposit application. Client understands that equipment upgrades
or replacement may be required from time to time, and that it is the responsibility of the Client to upgrade or
replace scanners as needed to comply with the Remote Agreement. Client may participate in a packaged pricing
program where the equipment is included in a monthly fee whereby the Bank makes available, to the Client, a
Bank owned scanner consistent with the packaged service requested.
Client: (please indicate one of the three choices below)
® declines to participate in an equipment -included program and will be responsible for obtaining, maintaining
and upgrading necessary equipment and all associated costs with that equipment in accordance with the
Standards. No termination fee applies for this type of Service selection.
❑ will participate in the Single -feed scanner and check limit of 200 items per month package pricing program
❑ will participate in the Batch -feed scanner and check limit of 500 items per month package pricing program
The packaged pricing programs includes a certified Bank owned scanner and a remotely deposited per month
check limit. Items deposited beyond the check limit will be charged a per item fee. The monthly fee will be
automatically debited from Client's account or charged through account analysis. If Service is terminated prior to
end of the 36t' month of the date of the Remote Agreement, the Client must return the Bank owned equipment
and a termination fee will be debited from Client's account. If equipment is not returned, the termination fee
debited from the Client's account will include reimbursement for the Bank owned equipment.
3. Deposit Creation. Option 1) Bank will supply Client the image capture application to create and transmit
deposits to Bank by 9:00 p.m. EST. Client must use scanners approved by Bank and compatible with the Bank's
capture application and assumes responsibility for image quality. Option 2) Client creates and transmits an image
file directly to Bank in a pre -defined format (provided to Client by Bank) using check processing and image
capture equipment not provided by Bank) by 9:00 c.m. EST. Client is responsible for performing all imaging,
data correction, image quality analysis and reconcilement. Transmission and image formats must conform to
Bank's specifications and quality standards and Client agrees to utilize image quality tools to ensure such
compliance. The Client assumes all responsibility for security, image quality and data integrity. Bank reserves
the right to reject any file or items that do not adhere to the defined transmission format, image format or image
and MICR quality standards.
Posting File. If client is to receive an accounts receivable posting file as part of this service, Client
agrees to provide Bank with sufficient information to allow Bank to create a custom posting file for the
purpose of facilitating an automatic post to Client's system.
4. Client's Representations and Warranties. Client represents and warrants that all items scanned through image
transport are made payable to Client or have been endorsed to Client in accordance with the CBSA, are properly
Payments Orient Support
Quesdom call 800-774-8179
TS019A(Rev. 04/16/14) Fomardin insnucdonsprovidedonlastpageofdocument Page l of3
Vol, a .fio Pg._ /--- j
endorsed, all signatures on each check are authentic and authorized, each check has not been altered (the
covering of any existing markings on an item by a virtual endorsement will be considered altering an item), and
that no checks are remotely created items. Client agrees to deposit only United States dollar denominated
checks drawn on United States banks. Other items transmitted for deposit are ineligible for deposit under the
Remote Agreement and will be rejected by Bank. Bank assumes no responsibility for these items.
5. Indemnification. Client agrees to indemnify Bank and its originating depository financial institution (together, the
"Indemnified Parties") and to hold the Indemnified Parties harmless from and against any and all claims,
damages, losses, liabilities and expenses, including attorney's fees, which the Indemnified Parties may incur or
which may be asserted against any Indemnified Party in connection with a breach of the Client's obligations,
representations or warranties under the Remote Agreement, or otherwise arising out of Bank providing services to
the Client; provided, however, that the foregoing indemnity shall not apply to claims, damages, losses, liabilities
and expenses solely attributable to an Indemnified Party's gross negligence or willful misconduct.
6. Controls. Client agrees to have controls in place to ensure that all checks remotely deposited are securely
stored and destroyed within a commercially reasonable time frame and method in accordance with Federal
Financial Institutions Examination Council ("FFIEC") guidelines. No check transmitted to Bank shall be deposited
into any bank causing funds to be debited twice from the account of payor. Client agrees to be responsible for all
consequential damages resulting from improper controls over processed checks.
7. Training and Self -Assessment. Client agrees to review all training materials and/or systems provided by Bank
as it relates to the use of the Service as Client requirements and obligations for the Service may be greater with
this Service than other services used by the Client. Additionally, Client will be required to perform a periodic Self -
Assessment confirmation, as this Service has been Identified as requiring greater guidance by the FFIEC.
B. BANK'S OBLIGATIONS:
1. Payment of Deposits. Client should receive same day credit for all items processed and transmitted by times
indicated in section A3. Next day credit may be granted for checks converted to an ACH transaction.
2. Reports. Bank shall provide Client with daily reports via the internet detailing items processed; items converted
to Image Replacement Documents (IRDs) or ACK transactions, as applicable, and deposit adjustments.
3. Retention of Check Images. Bank will retain an electronic image of all original paper checks for 2 years and
images of IRDs for 7 years.
4. Posting File. If client is to receive an accounts receivable posting file as part of this service, Bank agrees to
deliver file to the client in the format previously agreed to by both parties. Posting file will be delivered to a pre-
determined location for the Client to process. Delivery of the posting file will be daily and will occur after Client's
designated cut-off time.
5. Compliance. Bank agrees to abide by all NACHA rules as they apply to electronic check re -presentment and
electronic funds transfers in general and will comply with all applicable federal and state laws, rules and
regulations applicable to its respective activities hereunder and related hereto.
6. Training and Guidance. Bank agrees to provide Client with timely understanding of requirements for use of the
Service to ensure that the most current risks and/or mitigation practices can be employed by the Client in meeting
its obligations as defined in Section A.7 of the Remote Agreement.
C. ADDITIONAL PROVISIONS.
1. Confidentiality. Each party represents, warrants and mutually agrees that all information concerning the other
party which comes into its possession shall be maintained as confidential and shall not be used or divulged to any
other party except as necessary to permit the activities contemplated under the Remote Agreement or court
proceeding. Bank may advise potential users of its service that Client has a relationship with Bank.
2. Arbitration; Applicable Law. Any dispute between Bank and Client may be submitted to binding arbitration, to
be conducted pursuant to the rules of the American Arbitration Association, Any award may include an award for
attorneys' fees and costs. The arbitration shall be held in North Carolina, and the laws of North Carolina shall
apply (without giving effect to its conflicts of law provisions).
3. Term. If Service includes use of a Bank owned scanner, the Remote Agreement will have an initial term of thirty-
six (36) months. Client will have the right to terminate the Remote Agreement at any time; however, depending on
the Service package selected, there may be additional termination obligations.
TS019A (Rev. 04/16/14) fig, Page 2 of
Vol. oZ 30 .SdZ 1
a. Grace Period. As this Service requires a longer term commitment on behalf of the Client, Bank
agrees to allow Client to use the Service for the monthly fee and waive the termination obligation, as
detailed in Section A2, for a period of thirty days from the date of the Remote Agreement provided the
Bank owned equipment is returned in workable condition. If not, all termination obligations as detailed
in Section A2 apply.
4. Termination. Either party may terminate the Remote Agreement at any time by written notice. Any termination
will not affect Bank's or Client's rights and obligations arising before the termination. If the Remote Agreement is
terminated by Client prior to end of the 36" month of the date of the Remote Agreement, without cause, a
termination fee may be applied as detailed in Section A2 of the Remote Agreement.
5. Force Majeure. Client agrees that Bank shall not be responsible for errors, acts, or failures to act by others,
including other entities, banks, communication carriers or clearing houses through which entries may be
originated or through which Bank receives or transmits information and no such entity will be deemed as Bank's
agent. Bank shall not be responsible for any loss, liability or delay caused by fires, earthquakes, wars, civil
disturbances, power surges or failures, acts of governments, labor disputes, failures in communications or
computer networks, legal constraints or other events beyond its control.
6. Limitation of Liability. Bank's liability, to Client, or third parties, under the Remote Agreement shall, in every
case, be limited to correcting, reversing, or otherwise making accurate any debit or credit initiated by Bank
through the ACH Network. Except as specifically required by law, Client agrees that Bank shall not be
responsible for any damages, loss, or property damage incurred as a result of Client using Bank's services set
forth in the Remote Agreement. In no event shall Bank be liable for any indirect, consequential, incidental,
punitive, exemplary or special losses or damages, or expenses which Client may incur by using the Service
whether or not the possibility or likelihood of such damage was known or contemplated by Bank.
7. Miscellaneous. The Remote Agreement contains the entire agreement between Bank and Client concerning the
Service. If any provision of the Remote Agreement is deemed unenforceable, the remaining provisions will still be
enforceable. No modification or waiver of the Remote Agreement shall be effective or enforceable unless in
writing and signed by the parties hereto.
Branch Banking and Trust Co.:
Approval Signature
CLIENT:
Approval Signature
Title AVP Date 12/2/2015
Date
FORWARD COMPLETED DOCUMENT TO YOUR PAYMENT SOLUTIONS SALES REPRESENTATIVE:
Name: Fax N / Email Addr:
T8019A (Rev. 04/16/14) � Page 3 of 3
F
l.
7
Brazos Valley Council of Governments
Hurricane IKE Round 1
Project Administrative/Development Interlocal Agreement
with
Brazos County, Texas
1.00- STATEMENT OF CONTRACTING PARTIES
THIS AGREEMENT, ENTERED INTO THIS Z7. H a( DAY OF / 4e
2015, BY AND BETWEEN Brazos County, Texas, (hereinafter referre to as "COUNTY"), and
the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter referred to as
'BVCOG".)
The purpose of the Agreement is to outline the responsibilities of each party where BVCOG
provides administrative and project oversight for the expenditure of Hurricane IKE Round 1
funding for a project identified as part of the approved list of projects in the BVCOG region.
2.00 - DESCRIPTION AND LIMITS OF PROJECT
Provide oversight and administration of environmental consulting services as required for
development of plans, specifications, and estimates, including acquisition of final
environmental clearance and all other approvals from the Texas General Land Office. Advise
and assist with general administration and financial management as needed for
implementation of construction plans.
3.00 - SCOPE OF WORK
The BVCOG agrees to render COUNTY the professional grant administration and
environmental review services for COUNTY's project as provided in the provisions titled,
"Scope of Services" and attached hereto and incorporated by reference herein.
4.00 -COMMENCEMENT OF WORK AND TIME OF COMPLETION
The time of services of the BVCOG shall commence no earlier than upon receipt by COUNTY
of an executed contract between COUNTY and the BVCOG. In any event, all services
required and performed hereunder shall be completed within either 24 months or project close-
out, as defined by the BVCOG, whichever is later.
Vol. -� .57 0 Pg.,94____
Hurricane XERound i project developiuent ILA 2
August 10, 2015
4.00 - OWNERSHIP OF DOCUMENTS, RIGHTS
4.01 -DOCUMENTS
It is understood and agreed to by the parties that all reports, drawings, studies, specifications,
memoranda, estimates, computations, etc. secured by and for the BVCOG in the prosecution
of THIS AGREEMENT will become the property of COUNTY upon termination or completion of
the work. The COUNTY will have the right to use these documents for any public purpose
without compensating the BVCOG, other than as hereinafter provided.
4.02- RIGHTS
The term "subject data" as used here means recorded information, whether or not copyrighted,
that is delivered or specified to be delivered under THIS AGREEMENT. The term includes
graphic or pictorial delineations in media such as drawings or photographs; text in
specifications or related performance or design -type documents. Examples include, but are
not limited to, engineering drawings and associated lists, specifications standards, process
sheets, manuals, technical reports, catalog item identifications, and related information. The
term does not include financial reports, cost analyses, and similar information incidental to
contract administration.
All subject data first produced in the performance of THIS AGREEMENT will be the sole
property of COUNTY. The BVCOG will not assert any rights at common law or equity or
establish any claim to statutory copyright in such data. Except for its own internal use, the
BVCOG will not publish or reproduce such data in whole or in part or in any manner or form, or
authorize others to do so without the written consent of COUNTY or until COUNTY has
released such data to the public.
4.03 - PUBLICITY
All releases to newspapers, magazines, television, and radio will be approved by and released
through COUNTY. The BVCOG shall pay for those advertisements and notices related to
project development and/or Environmental Assessment. Any other advertisements or
notices shall be paid by COUNTY.
5.00- COMPENSATION AND METHOD OF PAYMENT
For and in consideration of the foregoing, COUNTY agrees to pay the BVCOG a base fee of
six (6) percent of the final project cost funded by the Hurricane IKE Round 1 funding. All
payments are conditioned upon submission by the BVCOG of invoices and satisfactory
completion of the scope of services, as follows:
SCOPE OF ADMINISTRATIVE SERVICES
1. Provide general advice to COUNTY and its staff with respect to the implementation of the project
and regulatory matters.
2. Assist COUNTY with completing necessary-forms_and.procedures for implementation of the
Vol. a,30 Pg, 3Sr
Hurricane IKE Round I project development ILA
August 10, 2015
3
project.
3. Provide technical assistance to COUNTY personnel who will be directly involved in the program
for routine tasks.
4. Assist COUNTY in developing a record keeping system consistent with program guidelines,
including the establishment and maintenance of program files.
5. Assist COUNTY in meeting any special condition requirements identified in the DEPARTMENT
contract.
6. Prepare and submit to COUNTY any required progress reports.
7. Assist COUNTY in meeting other requirements as may be required.
B. Administrative services by the BVCOG shall be performed at the BVCOG'S place of business and
through communication including telephone, mail, internet, and fax. Any travel requested by
COUNTY other than one (1) organizational meeting covering the project shall be considered
additional services as set forth in section 5.06.1 of THIS AGREEMENT.
SCOPE OF ENVIRONMENTAL ASSESSMENT SERVICES
Development of the project must comply with the National Environmental Policy Act and the
National Historic Preservation Act of 1966, which require environmental clearance of federal -aid
projects.
The BVCOG will assist COUNTY in compliance with the following:
1. Identify and assess the environmental effects of constructing the project including alternatives and
possible mitigation or remediation required for identified environmental concerns.
2. Develop and disseminate for comment an Environmental Assessment in accordance with state
and program requirements.
3. Organize and host any public meetings or public hearings required for development of the
environmental assessment.
4. Secure written certification from appropriate regulatory agencies that all identified environmental
problems have been remedied.
5. Prepare and provide to COUNTY the Environmental Review Record documentation for,the
project.
5.01 -ADDITIONAL SERVICES
If authorized in writing by COUNTY, in accordance with the provisions as set forth in section
5.06.1 of THIS AGREEMENT, the BVCOG shall furnish Additional Services of the following
types of work; these will be paid for by COUNTY at an hourly rate of Seventy-five and no/100
Dollars ($75.00).
A. Services resulting from significant changes in general scope of project necessitating the
revision of previously accepted reports, documents, and studies or requiring
programmatic amendments to COUNTY's contract with the General Land Office or the
BVCOG:
1. Reassessment of the environmental assessment procedures including republication
of notices or renotification of public agencies.
2. Additional services resulting from new or revised program guidelines or regulations
mandated by any state or federal administering agency that affect this Contract.
3. Preparing to serve, or serving, as a consultant or witness for COUNTY in any litigation
or other legal or administrative proceeding involving this project.
4. Preparation of financial statements -and -records -normally -generated by COUNTY to
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satisfyproject regulations.
5. Additional or extended services made necessary by: 1) a significant amount of
defective work of any construction contractor, consulting engineer and/or architect; 2)
prime construction contractor utilizing more than three (3) sub -contractors; 3) more
than two (2) prime construction contracts; 4) default of any construction contractor,
consulting engineer and/or architect.•
B. Fees for any professional services required to carry out project -related activities that are
outside the BVCOG's Scope of Services and must be furnished by a third party
including but not limited to accountant, appraiser, archeologist, architect, attorney,
auditor, biologist or other natural scientist, engineer, or surveyor, shall be covered by
the BVCOG up to a maximum of $1,000.00. Expenses exceeding $1,000.00 will be in
addition to the base fee payable to the BVCOG specified in Paragraph 5.0 of THIS
AGREEMENT. Expenditures for such services shall require prior approval by COUNTY.
If THIS AGREEMENT is terminated under section 8.00 hereof, payment of the fees as shown
above will be made according to the percentage of work completed at the effective date of
termination.
5.02- PAYMENT
Payment will be made within 30 calendar days after the BVCOG has provided the services and
submitted invoices and COUNTY has accepted the services. Monthly partial payments on
extended projects will be made after COUNTY receives proper invoicing.
5.03- TOTAL COMPENSATION
The maximum total compensation payable for services contained in THIS AGREEMENT is
based on a fee of six (6) percent of the estimated amount of Hurricane IKE Round 1 funding
used in support of this project. Charges for additional services listed in section 5.01 of this
agreement may be billed after the BVCOG receives written permission from COUNTY. The
BVCOG shall follow the procedures for contracting additional services as set forth in section
5.06.1 of THIS AGREEMENT.
5.04 - DELAYS
If the work provided for under THIS AGREEMENT is delayed due to factors or conditions
beyond the control of the BVCOG and through no fault or negligence on its part, the BVCOG
may request, in writing, an extension of time, an adjustment in compensation, or both. This
request must be accompanied by substantiating data. The BVCOG and COUNTY will mutually
agree to a revised schedule and/or remedy to any issues arising from the delay.
5.05- CHANGES IN WORK
COUNTY may at any time by written notice make changes in THIS AGREEMENT that increase
or decrease the work and services hereunder. If such changes cause an increase or decrease
in the cost of, or time required for, performance, an equitable adjustment may be made and
THIS AGREEMENT may be changed in writing by a supplemental agreement between
COUNTY and the BVCOG. The supplemental agreement will set forth the proposed changes
in work, extension of time for completion, and adjustment of the compensation to be paid the
BVCOG, if any. If the parties fail to agree on the adjustment, the dispute will be determined
as provided in section 5.06 of THIS AGREEMENT, but nothing in this section will excuse the
BVCOG from promptly and diligently proceeding with the work and services so changed.
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5.06 - CLAIMS FOR TIME EXTENSION AND ADDITIONAL COMPENSATION
5.06.1 - Notification Of Intent To File A Claim
If the BVCOG believes that additional compensation, time, or both is due for work and services
not clearly covered by THIS AGREEMENT, it will promptly notify COUNTY in writing of its
intention to make a claim for such additional compensation, time, or both. The BVCOG will
give this notice before it begins the work on which the claim is based. If notification is not
given, no claim for extra compensation will be considered. Such notice by the BVCOG will not
be construed as proving the validity of the claim. The claim must be approved by COUNTY. If
the claim is found to be just, it will be allowed and paid for as "extra work" in accordance with
the terms of a supplemental agreement.
6.00 - GENERAL
6.01 - RECORDS
6.01.1 - Maintenance of Records
COUNTY will maintain all books, documents, papers, accounting records, and other evidence
supporting the costs incurred and will make such materials available at its offices at all
reasonable times during THE AGREEMENT period and for 3 years from the date of final
payment under THE AGREEMENT for inspection by the GLO or any authorized representative
of the Federal Government. The BVCOG will provide copies of all documents it creates or
collects to COUNTY for inclusion in the records and shall provide advice to COUNTY on
organization of its files if requested.
6.01.2 -Audit and Inspection of Records
The BVCOG will permit an authorized representative of COUNTY, the GLO, the U.S.
Department of Housing and Urban Development, and the Comptroller General of the United
States to inspect and audit all data and records of the BVCOG relating to its performance
under THIS AGREEMENT, if requested. Audit expenses will be billed at cost to the entity
making the request for an audit.
6.02- COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The BVCOG, its agents, employees, assigns, or successors, and any Person, firm, or agent of
whatever nature with whom it may contract or make an Agreement, will comply with the
provisions of Title VI of the Civil Rights Act of 1964, which are hereby made a part of THIS
AGREEMENT by reference.
6.03 - COVENANT AGAINST CONTINGENCY FEES
The BVCOG will warrant that it has not employed or retained any company or person to solicit
or secure THIS AGREEMENT and that it has not paid or agreed to pay any company or
person other than a bona fide employee working solely for the BVCOG, any fee, commission,
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percentage, brokerage fee, gifts, or any other consideration contingent on or resulting from the
award or making of THIS AGREEMENT.
6.04 - CONFLICT OF INTEREST
6.04.1 - Employment of Department Personnel
The BVCOG will not engage the services of any person or persons in the employment of
COUNTY on any work covered by THIS AGREEMENT without the written permission of
COUNTY.
6.04.2 - Interest of Members of or Delegates to Congress
No member of or delegate to the Congress of the United States will be admitted to any share
or part of THIS AGREEMENT or to any benefit arising from it.
6.04.3 - Prohibited Interest
No member, officer, or employee of COUNTY during his or her tenure of one year thereafter
may have any interest, direct or indirect, in THIS AGREEMENT, or the proceeds from it.
6.05 - SUBCONTRACTING
The BVCOG will not sublet or assign any part of the work under THIS AGREEMENT to any
party other than those subcontractors named to provide specific services and as agreed to in
accordance with procedures set forth by the General Land Office (hereafter: "GLO".) Consent
to subcontract, assign, or otherwise dispose of any portion of THIS AGREEMENT will not be
construed to relieve the BVCOG of any responsibility for the fulfillment of THIS AGREEMENT.
Subcontracts will include all provisions of THIS AGREEMENT and the BVCOG will be
responsible for seeing that these provisions are complied with.
8.06- COMPLIANCE WITH LAWS AND REGULATIONS
The BVCOG will at all times observe and comply with all Federal, State, and local laws,
regulations, ordinances, orders, and decrees applicable to the work. The BVCOG will
indemnify, defend, and hold harmless COUNTY and all its officers, agents, and employees
against any claims of liability arising from or based on the violation of any such law, regulation,
ordinance, order, and decree, whether by persons constituting the BVCOG, the employees of
the BVCOG, or any independent contractor engaged by the BVCOG or associated with GLO
in the performance of the work performed under THIS AGREEMENT, including the
discriminatory provisions as set forth in it.
6.07- OCCUPATIONAL SAFETY AND HEALTH STANDARDS
It is a condition of THE AGREEMENT and any subcontract entered into pursuant to THE
AGREEMENT that the BVCOG will not require any individual employed in the performance of
THE AGREEMENT to work in, surrounding, or under conditions which are unsanitary,
hazardous, or dangerous to health or safety as determined under the Occupational Safety and
Health Standards promulgated by the United States Secretary of Labor.
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6.08- CONSULTANT RELATIONSHIPS TO CONTRACTORS
The BVCOG will serve only in a consulting and professional capacity and is not by THIS
AGREEMENT authorized to be, nor will it represent itself to be, the agent or servant of
COUNTY. The function, duties, and responsibilities of the BVCOG with respect to any
contractor employed by COUNTY in connection with the project will be consistent with the
preceding sentence, and in no case will the BVCOG assume any obligations of COUNTY to
any contractor.
6.09 - FAIR EMPLOYMENT CONTRACTING ACT
The BVCOG, its agents, employees, assigns, or successors, and any person, firm, or agency
of whatever nature with whom it may contract or make an agreement, will comply with the
provisions of the Fair Employment Contracting Act, which is made a part of THIS
AGREEMENT by reference.
6.10- EQUAL EMPLOYMENT OPPORTUNITY
In connection with the execution of THIS AGREEMENT, the BVCOG will not discriminate
against any employee or applicant for employment because of race, religion, color, sex,
national origin, age, or handicap. The BVCOG, its agents, employees, assigns, or successors,
and any person, firm, or agent of whatever nature with whom it may contract or make an
agreement, will comply with the provisions of the President Executive Order 11246 entitled
"Equal Employment Opportunity," and all amendments to it. Executive Order 11246 as
amended is made a part of THIS AGREEMENT by reference.
6.11- DISADVANTAGED BUSINESS ENTERPRISE
The BVCOG, its agents, employees, assigns, or successors, and any person, firm, or agency
of whatever nature with whom it may contract or make an agreement, will comply with the
provisions of 49 CFR 243 as amended, which is made part of THIS AGREEMENT by
reference.
6.12 -.PERSONS WITH DISABILITIES
The BVCOG, its agents, employees, assigns, or successors, and any person, firm,- or agency
of whatever nature with whom it may contract or make an agreement, will comply with the
provisions of the Persons with Disabilities Act, which is made a part of this agreement by
reference.
7.00- INDEMNIFICATION
The BVCOG shall comply with the requirements of all applicable laws, rules and regulations,
and shall exonerate, indemnify, and hold harmless COUNTY and its agency members from
and against them, and shall assume full responsibility for payments of Federal, State and local
taxes on contributions imposed or required under the Social Security, worker's compensation,
and income tax laws. _I
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8.00- TERMINATION
17
8.01- TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the BVCOG shall fail to fulfill in a timely and proper manner its
obligations under THIS AGREEMENT, or if the BVCOG shall violate any of the covenants,
agreements, or stipulations of THIS AGREEMENT, COUNTY shall thereupon have the right
to terminate THIS AGREEMENT by giving written notice to BVCOG of such termination and
specifying the effective date thereof, at least thirty (30) days before the effective date of such
termination. In such event, all finished documents, data, studies, surveys, drawings, maps,
models, photographs and reports prepared by the BVCOG under THIS AGREEMENT shall,
at the option of COUNTY, become its property and the BVCOG shall be entitled to receive just
and equitable compensation for any work satisfactorily completed.
8.02 -TERMINATION FOR CONVENIENCE
Either COUNTY or the BVCOG may terminate THIS AGREEMENT at any time by giving at
least fifteen (15) days notice in writing to the other party. If THIS AGREEMENT is terminated
by COUNTY as provided herein, the BVCOG will be paid for the time provided and expenses
incurred up to the termination date. If THIS AGREEMENT is terminated due to the fault of
the BVCOG, Paragraph 8.01 hereof relative to termination shall apply.
9.00- ENTIRE INTERLOCAL AGREEMENT
THIS AGREEMENT contains the entire understanding between the parties hereto concerning
the subject matter contained herein. There are no representations, agreements, arrangements
or understanding, oral or written, between or among the parties hereto, relating to the subject
matter of the Interlocal Agreement, which are not fully expressed herein.
10.00- FORCE MAJEURE
Neither BVCOG nor COUNTY shall be liable for any failure or delay in performance under this
Agreement (other than for delay in the payment of money due and payable hereunder) to the
extent said failures or delays are proximately caused by causes beyond that party's reasonable
control and occurring without its fault or negligence, including, without limitation, failure of
suppliers, subcontractors, and software providers, phone and internet service providers,
carriers, or other parties to substantially meet its performance obligations under this
Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the
difficulty shall, within 24 hours of the delay in performance, give the other written notice, with
full details following the occurrence of the cause relied upon and an expected date when
obligations under this Agreement will be resumed.
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11.00- SEVERABILITY
0
In the event that any of the provisions or portions of this Interlocal Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of
the 'remaining provisions or portions hereof shall not be affected thereby.
12.00- SIGNATURES
THIS AGREEMENT, being intended to secure the services of the BVCOG that is a party to
THIS AGREEMENT and referred to collectively as "the BV.COG," will not.be assigned, sublet,
or transferred without the written consent of COUNTY. THIS AGREEMENT will inure to the
benefit of, and will be binding, on the BVCOG
Nothing contained in THIS AGREEMENT is intended to beconstrued to inure to the benefit
Of any person other than the.parties to it and their legal successors.
IN WITNESS WHEREOF., the parties to THIS AGREEMENT have set their hands as of the
day and year written below:
BRAZOS VALLEY
COUNCIL of GOVERNM NTS
> V
Name: I
Title;k,- :- j', �w Dr i2.4C`I es
Date: 1'7
Vol. � .� � P9• ��
Brazos Valley Council of Governments
Hurricane Ike / Dolly Funding
Project Maintenance Interlocal Agreement
with
Brazos County, Texas
1.00 - STATEMENT OF CONTRACTING PARTIES
THIS AGREEMENT, ENTERED INTO THIS '�h4DAY OF De -C' 9+ r
2r� rs, BY AND BETWEEN Brazos County, Texas, (hereinafter referred to as the
"COUNTY"), and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS
(hereinafter referred to as "BVCOG").
The purpose of the Agreement is to outline the responsibility of the COUNTY for long
term maintenance of the project(s) implemented by the Project
Administrative/Development Interlocal Agreement dated / �;2 - between
the COUNTY and BVCOG using Hurricane Ike / Dolly Funding.
2.00 - SCOPE OF WORK
Any work conducted and concluded as a result of the Project
Administrative/Development Interlocal Agreement between the COUNTY and BVCOG
dated /-�' as -O/5 serves a public use authorized by law. The COUNTY shall
be responsible for paying or reimbursing costs that are in excess of the project
amount funded by Hurricane Ike/Dolly funds and costs that are necessary to
maintain functionality and to provide the required maintenance of any and all
equipment installed and made operational by said agreement. This equipment
includes, but is not limited to, generators and all associated appurtenances to
maintain operation of this equipment.
3.00 - EFFECTIVE DATE
The Parties acknowledge and agree that THIS AGREEMENT shall be effective
upon execution of THIS AGREEMENT and will be valid after installation
and operation of the equipment as a result of the Project
Administrative/Development Interlocal Agreement dated /a -2 Z -�/1/S
between the COUNTY and BVCOG.
4.00 - ENTIRE INTERLOCAL AGREEMENT
THIS AGREEMENT contains the entire understanding between the parties hereto
concerning the subject matter contained herein. There are no representations,
agreements, arrangements or understanding, oral or written, between or among the
parties hereto, relating to the subject matter of THIS AGREEMENT, which are not fully
expressed herein.
Hnrricanelke:Project Main(enance 9greernedr
BVCOG/Brams Qoanly.
5.00 - FORCE MAJEURE
Neither BVCOG nor the COUNTY shall be liable for any failure or delay in
performance under THIS AGREEMENT:(other than for delay in the payment of money
due and payable hereunder) to the extent said failures or delays are proximately
caused by causes beyond that party's reasonable control and occurring without its
fault or negligence, including, without limitation, failure of suppliers„ subcontractors,
and software providers, phone and internet service providers;. carriers, or other parties
to substantially meet its performance obligations under THIS AGREEMENT, provided
that, as a condition to the claim of non -liability, the party experiencing the difficulty
shall; within 24 hours oof the delay in performance, give the other written notice; with
full details following the occurrence of the. cause relied upon and an expected date
when obligations under THIS AGREEMENT will be resumed:
6.00 - SEVERABILITY
In the event that any of the provisions or portions of THIS AGREEMENT are held to
be unenforceable .or invalid by any court of competent jurisdiction; the validity and
enforceability .of the remaining ,provisions or portions hereof shall not be affected
thereby.
7.00 -SIGNATURES
THIS AGREEMENT, being intended to secure the services of the BVCOG that is a
party to THIS AGREEMENT and referred to collectively as .the "BVCOG," will not be
assigned, sublet, or transferred without the written consent of COUNTY. THIS
AGREEMENT will inure to the benefit of and will be binding on the BVCOG.
Nothing contained in THIS AGREEMENT is intended to be construed to inure to the
benefit of any person other than .the parties to it and their legal successors.
IN WITNESS. WHEREOF, the parties to THIS AGREEMENT have set their hands
as of the day.and year written below:
BRA20S VALLEY
COUN of OV���Y
JU LUi O' e'L TC�
Title: 1,59-r. ExEC-:
4,z
razos o. ty; Texas
By:
Name:. I l (1 u_ Yfkrs
Title:
Vol. __a 3 pg.4 `f
12/22 I15
2
0
CONTRACT AND AGREEMENT FOR SECURE, RESIDENTIAL, POST -ADJUDICATION TREATMENT SERVICES
FOR ADJUDICATED JUVENILE OFFENDERS - SPACE AVAILABLE
This Agreement is entered into by and between Brazos County Juvenile Services Department
("Contracting. County") and G4S Youth Services, LLC, ("Service Provider") a Florida for-profit
corporation, certified by the Brown County Juvenile Board under §51.125(a)(2), TEX FA.
CODE, registered with the Texas Juvenile Justice Department, and in compliance with all
applicable standards under Title 37 Texas Administrative Code, to provide child care services.
ARTICLE I
PURPOSE
1.01 The purpose of this Residential Services Agreement is to provide Contracting County
with long term residential care for children adjudicated to have committed delinquent
conduct or conduct indicating a need .for supervision. The placement Facility to be
utilized is leased and operated by Service Provider, and is located at 800 FM 3254,
Brownwood, Texas 76001, The business office of Service Provider is 800 FM 3254,
Brownwood, Texas 76001.
ARTICLE II
TERM
2.01 The term of this agreement is for 12 months, commencing December 23, 2015 and
ending December 22, 2016.
ARTICLE III
SERVICES
3.01 Service Provider will provide the following level of care services:
Specialized mental health and substance abuse treatment services. Specialized level of
care consists of a structured, controlled residential treatment setting that is designed to
provide appropriate supervision and a moderate level of therapeutic services to maintain
or improve the child's functioning,
3.02 Service Provider will also provide/perform the following service's:
A. Provide basic residential services, including: standard supervision by qualified
adults, food and snacks, recreation, personal hygiene items, hair cuts,
transportation, school supplies, room, (rent, utilities, maintenance, telephone), as
agreed by Contracting County.
B. Ensure that the child's parent(s) or legal guardian(s) and Contracting County are
notified if a child in placement makes an unauthorized departure, becomes
seriously ill, or is involved in a serious accident. The Probation Officer and
parents will be informed immediately, if during working hours. After normal
working hours, every effort will be made to notify Contracting County and the
parents. In the event of serious illness or accident and for any required follow-up
2015-2016 045 Youth Services-Jlrvenlle Residential Facility Services --Page 1 of 12
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J_,
care Service Provider shall be responsible for having the child transported to the
nearest hospital or emergency care facility.
C. Provide to the Contracting County Department a written Individualized
Treatment/Case Plan developed in concert with the client and mutually agreed
upon by the appropriate Service Provider staff and the Probation Officer within
thirty (30) days of placement. Said individualized Treatment/Case Plan shall
include measurement of progress towards goals in the Plan. The Individualized
Treatment/Case Pian shall contain the reasons why the placement may benefit the
client; shall specify behavioral goals and objectives being sought for each client;
shall state how the goals and objectives are to be achieved in the placement; shall
state how the parent(s), guardian(s), and, where possible, grandparents and other
extended family members will be involved in the program plan to assist in
preventing controlling the child's objectionable behavior.
D. Initiate and document meetings to review the Individualized Treatment/Case Plan
with the child and the assigned Residential Services Probation Officer at
reasonable intervals, not to exceed ninety (90) days, to assess the child's progress
toward meeting goals set forth, making modifications when necessary, and
determining the need for continued placement outside of the child's natural home.
E. Maintain copies of the original Individualized Treatment/Case Plan and the
periodic reviews.
F. Provide the Contracting County Department with a written report of the child's
progress at reasonable intervals, not to exceed ninety (90) days, or on a more
frequent basis, as follows: progress reports will be sent to Brazos County on a
monthly basis.
G. Document and maintain records pertaining to the number and type of
investigations made by the Department of Family and Protective Services, the
Department of Juvenile Justice, any law enforcement agency, or any other
investigative agency. Such records shall be immediately made available to the
Contracting County upon request.
H. Any and all medicaUpsychiatric treatment and medication required to meet the
needs of the child, as well as other pre -approved expenses not provided for in the
Service Provider's program, shall be the sole responsibility of the said child's
parent(s), guardian(s), court ordered appointed conservator or Contracting
County; however, in no case shall a child be denied any needed
medical/psychiatric treatment due to the inability to pay.
I. Provide and document off -campus visits or furloughs upon request; however, the
costs associated with off -campus visits or furloughs will be paid by the parent,
guardian, or Contracting County.
J. In accordance with §29.012(b)(1) of the Texas Public Education Code, as a
condition of this contract for residential services, Service Provider shall notify the
school district in which the facility is located no later than the third day after the
date a child is placed in the facility.
ARTICLE IV
20154016 G4S Youth Services—Juvenile Residential Faellhy Sem Ices 2nr 12
4'01.
COMPENSATION
4.01 For and in consideration of the above-mentioned services, Contracting County agrees to
pay the Service Provider the sum of $140.00 or $185.00 per day for each child, i.e., the
daily rate, admitted under this Agreement. [NOTE: It is understood that the daily rate
depends on the degree of specialized services mutually agreed to.] The daily rate shall be
paid to the Service Provider for each day a child is in residential placement pursuant to
billing and paying procedures agreed upon by Service Provider and Contracting County.
Payment is due within 30 days of receipt of billing.
4.02 Psychiatric services will be provided to the child on an as needed basis. The Contracting
County shall provide a written psychological or psychiatric evaluation. If the battery of
tests included in the evaluation is older than six (6) months prior to admission, a clinical
interview performed within six (6) months prior to admission shall be submitted with an
updated diagnosis and prognosis.
4.03 Service Provider will submit an invoice for payment of services to the Contracting
County on a monthly basis. Said invoice shall be submitted with ten (10) working days
following the end of the invoiced month and shall include information deemed necessary
for adequate fiscal control, including but not limited to: to be attributed to specific clients
if appropriate, date service was rendered, total daily cost, and total monthly cost. Each
invoice received for payment will be reviewed by Contracting County in order to monitor
Service Provider for financial compliance with this Agreement. Invoices submitted by
Service Provider in proper form shall be paid by Contracting County in a timely manner.
4.04 Contracting County shall be responsible for all of the juvenile's medical expenses,
including prescription medication. Contracting County may make arrangements directly
with vendors for the provision of, and payment for, routine medical expenses, including
without limitation, hospitalization and dental, for Post -Adjudication program juveniles, or
can authorize in writing Service Provider to do so on behalf of Contracting County at
Contracting County's expense.
4.05 If an emergency examination, EMS treatment, health care treatment, and/or
hospitalization outside the Facility ("Outside Treatment") are required for a child placed
in the Facility, the Administrator of the Facility is authorized to secure the Outside
Treatment at the expense of the Contracting County. The Administrator shall notify
Contracting County of Outside Treatment within twenty-four (24) hours of its
occurrence.
4.06 If during the course of residential treatment, the Contracting County determines that a
part of the youth's treatment program should include time away from the residential
setting of the Service Provider, such as weekends and holidays, prior to the completion of
the youth's treatment and return home, and wishes that the youth return to the residential
setting after a period away from the residential setting, the Contracting County shall
request the Service Provider to retain space for the youth until his return. To this end, the
3015.2016 G45 Youth Services—luvenlle Residential Facility ServicesVOI, — a 3Q p Pa Sot 12
9
Contracting County agrees to pay Service Provider the full amount due for such regularly
scheduled days away from the residential setting or its program, provided they do not
exceed ten (10) days per client and that prior approval has been obtained by the
Contracting County. Furloughs will not be authorized for the first ninety (90) days of
placement, or until the -completion of the first Individualized Program Plan Review,
whichever comes first, except in only highly unusual situations.
4.07 The Service Provider is under no obligation to retain space for the juvenile in an
unauthorized departure situation; however, in no event shall the Contracting County pay
for the days when the juvenile was absent without authorization, but no space in the
program was retained for such absent client(s) by the Service Provider. The County must
be informed in writing if and for how long the Service Provider intends to retain space for
such an absent client, and the County may decline in writing all or part of the period for
which the Service Provider intends to retain the space.
4.08 Service Provider shall account separately for the receipt and expenditure of any and all
state funds received from Contracting County under this contract. Service Provider shall
account separately for state funds received and expended utilizing Generally Accepted
Accounting Practices (GAAP). Upon request Service Provider will provide Contracting
County with a copy of its most recent financial audit.
4.09 It is understood and agreed by Service Provider that this Agreement is funded in whole or
in part with grant or state funds and shall be subject to termination without penalty, either
in whole or in part, if funds are not available or are not appropriated by the Texas
Legislature.
4.10 In the event that State Reimbursement Rates are increased during the duration of the
terms of this contract, the new rates will become effective reflecting those of the increase.
4.11 Service Provider agrees to make claims for payment or direct any payment disputes to
Contracting County's Fiscal Officer. Service Provider will not contact other department
employees regarding any claims of payment.
4.12 Except to the extent that a party to this Agreement seeks emergency judicial relief, the
parties agree to negotiate in good faith in an effort to resolve any disputes related to this
contract that may arise, no matter when the dispute may arise. If a dispute cannot be
resolved by negotiation, the dispute shall be submitted to mediation before the parties
resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator
to mediate the dispute, and the parties shall pay the costs of mediation services equally.
ARTICLE V
ADDITIONAL TERMS & AGREEMENTS
5.01 Prior to transporting a child to the Facility for placement, the official authorizing the
placement shall call the Facility to ensure that space is available. Placement of children
by authorized officers of Contracting County may be denied, if space limitations require,
2015-2016645yowh Services.- Juvenile Residential Facllity5ervicesvOl �J, P / age 4 of 12
as determined by the Facility. Service Provider will make every reasonable effort to
place the child expeditiously.
5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of
a proper order from the Juvenile Court of Contracting County. Service Provider is under
no obligation to accept a client who is deemed inappropriate for placement in the
program.
5.03 Each child placed in the Facility shall be required to follow the rules and regulations of
conduct as fixed and determined by the Administrator and staff of the Facility.
5.04 If a child is accepted by the Facility from Contracting County and the child thereafter is
determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or
unmanageable, or whose mental or physical conduct would or might endanger the other
occupants of the Facility, then the Administrator shall notify the representative of the
Contracting County of this determination. The child shall be removed immediately from
the Facility. It will be the responsibility of Contracting County to provide for the
transportation for the removal of the child.
5.05 Service Provider agrees that the Facility will accept any child who qualifies, without
regard to such child's religion, race, creed, sex or national origin.
5.06 Except as provided in Section 5.04, it is understood and agreed by the parties that
children placed in the Facility under proper orders of the appropriate Juvenile Court shall
not be discharged from the Facility until the Administrator of the Facility receives either
a written authorization from the Contracting County that placed the child, or an Order of
Release signed by the Judge of the Juvenile Court of the Contracting County.
5.07 It is further understood and agreed by the parties that nothing in this contract shall be
construed to permit Contracting County, its agents, servants, or employees in any way to
manage control, direct or instruct Service Provider, its director, officers, employees,
agents, shareholders and designees in any manner respecting its work, duties or functions
pertaining to the maintenance and operation of the Facility.
5.08 Contracting County reserves the right to terminate the client's placement with Service
Provider at its discretion. Service Provider must not release a client to any person or
agency other than Contracting County without the express consent of an authorized agent
of Contracting County.
ARTICLE VI
EXAMINATION OF PROGRAM & RECORDS
6.01 Service Provider agrees that it will permit Contracting County to examine and evaluate
its program of services provided under the terms of this agreement periodically. This
examination and evaluation of the program may include site visitation, observation of
2015-2016G45 Youth Services—Juvenlle Residential Facility ServicesE01._ �% �O p5„/ G% Page o112
programs in operation, interviews and the administration of questionnaires to the staff of
Service Provider and the children, when deemed necessary.
6.02 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees
to maintain and make available to authorized representatives of the State of Texas or
Contracting County any and all books, documents or other evidence pertaining to the
direct costs and expenses of this Agreement.
6.03 Service Provider will keep a record of all services provided to Contracting County under
this Agreement, and upon reasonable notice will provide information, records, papers,
reports, and other documents regarding services furnished as may be requested by
Contracting County. Service Provider will maintain the records (as referenced above) for
seven (7) years after the termination of this Agreement.
6.04 Contractor understands that acceptance of funds under this contract acts as acceptance of
the authority of the State Auditor's Office, or any successor agency, to conduct an audit
or investigation in connection with those funds. Contractor further agrees to cooperate
fully with the State Auditor's Office or its successor in the conduct of the audit or
investigation, including providing all records requested. Contractor will ensure that this
clause concerning the authority to audit funds received indirectly by subcontractors
through the Contractor and the requirement to cooperate is included in any subcontract it
awards.
ARTICLE VII
CONFIDENTIALITY OF RECORDS
7.01 Service Provider shall maintain strict confidentiality of all information and records
relating to children placed by Contracting County, and shall not re -disclose the
information except as required to perform the services to be provided pursuant to this
Agreement, or as may be required by law.
7.02 Service Provider and Contracting County agree to abide by Title 37, Part 11, Chapter
380, Subchapter G, Division 1, Rule §380.9909, relating to Access to Youth Information
and Records.
ARTICLE VIII
DUTY TO REPORT
8.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall
report any allegations or incident of abuse, exploitation or neglect of any child (including
but not limited to ajuvenile that has been placed by Contracting County) within twenty-
four (24) hours from the time the allegation is made, to all of the following:
A. Local law enforcement agency;
B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to
facsimile number 1-512-424-6716 (or if unable to complete the form within 24 hours,
then by calling toll-free 1-877-786-7263, followed by submitting the report within 24
hours of said call); and,
2015.2016 G4S Youth Services— Juvenile Residential Facility services vol, .2, 309 �-/7Z�l Page hof 12
C. Contracting County.
ARTICLE IX
DISCLOSURE OF INFORMATION
9.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed
the following information to Contracting County, and agrees that it shall have an ongoing
affirmative duty under this Agreement to promptly ascertain and disclose in sufficient
detail this same information to Contracting County:
A. Any and all corrective action required by any of Service Provider's licensing
authorities;
B. Any and all litigation filed against the Service Provider, or against its employees,
interns, volunteers, subcontractors, agents and/or consultants that have direct contact with
juveniles;
C. Any arrest of any employee, intem, volunteer, subcontractor, agent and/or consultant
of the Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse,
neglect and exploitation investigation where an employee, intern, volunteer,
subcontractor, agent and/or consultant of the Service Provider that has direct contact with
juveniles was the alleged or designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers,
subcontractors, agents and/or consultants that have direct contact with juveniles that are
registered sex offenders; and,
F. The identity of any of the Service Provider's employees, interns, volunteers,
subcontractors, agents and/or consultants that have direct contact with juveniles that have
a criminal history. For the purpose of this Agreement, the term "criminal history" shall
include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or
deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction
or deferred adjudication within the past five years.
ARTICLE X
EQUAL OPPORTUNITY
10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and
their parents. During the performance of this contract the Service Provider agrees it:
(a) Will not discriminate against any child, childcare provider, parent, employee or
applicant for employment because of race, color, religion, sex or national origin including
but not limited to employment, promotion, demotion or transfer, recruitment or
advertising, lay-off or termination, rates of pay or other forms of compensation and
selection for training, including apprenticeship. The Service Provider agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provision of this non-discrimination.
(b) Will, in all solicitations or advertisement for employees placed by or on behalf of the
Service Provider, state that all qualified applicants for positions in the Facility, will
1015-2016G45 Youth Services— Juvenile Residential Facility services
vOl+ _? ?O P9,_7_1_
9• Te 7 o 12
Ol ✓ '�
receive consideration for employment without regard to race, color, religion, sex, or
national origin.
(c) Shall abide by all applicable federal, state and local laws and regulations, including
the Prison Rape Elimination Act of 2003, 42 U.S.C. 15601 ct seq.
10.02 Service Provider agrees that it will not engage in any religious indoctrination or require
any of the children placed with the Service Provider under this Agreement to participate
in any religious activity. Service Provider further agrees that it will not impose any
sanctions or deny any benefits to any children placed with the Service Provider under this
Agreement solely on account of the child's religious beliefs or because the child does not
participate in religious activities. Service Provider further agrees that it will not engage
in any activity with respect to the children placed with the Service Provider under this
Agreement that would constitute an establishment of religious or in any manner violate
the rights of the children to religious freedom under the First Amendment of the United
States Constitution.
ARTICLE XI
OFFICIALS NOT TO BENEFIT
I I.C1 No officer, employee or agent of Contracting County and no member of its governing
body and no other public officials of the governing body of the locality or localities in
which the project is situated or being carried who exercise any functions or
responsibilities in the project, shall participate in any decision relating to this Agreement
which affects or conflicts with his/her personal interest or have any personal or pecuniary
interest, direct or indirect, in this Agreement or the proceeds thereof.
ARTICLE XII
DEFAULT SANCTIONS PENALTIES FOR BREACH OF CONTRACT
12.01 Contracting County may, by written notice of default to Service Provider, terminate the
whole or any part of this. Agreement, as it deems appropriate, in any one of following
circumstances:
A. If Service Provider fails to perform the work called for by this Agreement within the
time specified herein or any extension thereof, or
B. If Service Provider fails to perform any of the other material provisions of this
Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so
fails to prosecute the work as to endanger the performance of this Agreement in
accordance with its terms, and in either of these two circumstances after receiving notice
of default, Service Provider does not cure such failure within a period of ten (10) days.
C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the
parties agree to negotiate in good faith in an effort to resolve any disputes related to this
contract that may arise, no matter when the dispute may arise. If a dispute cannot be
resolved by negotiation, the dispute shall be submitted to mediation before the parties
resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator
to mediate the dispute, and the parties shall pay the costs of mediation services equally.
2015-2016 G45 Youth Services' Juvenile Residential Facility Services Vol. a O P �e80112
a
D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to
Attorney's fees from the other party, including actions for declaratory relief.
E. All notices required under this Agreement shall be in writing. They shall be sent by fax
or by registered U.S. mail, return receipt requested, to the party at the addresses listed
below. A party must provide notice of a change of address during the term of this
Agreement. Unless specified otherwise, notices required in this Agreement shall be
deemed to have been received when actually receive.
F, Captions in this Agreement are for convenience only and shall be deemed irrelevant in
construing the provisions of the Agreement.
G. The parties intend that, in construing and enforcing the provisions of the Agreement,
mediators and judges shall give maximum effect to the principles of contractual freedom
and contractual enforceability.
H. If any court finds any provision of this Agreement to be invalid or unenforceable, this
finding shall not affect the validity or enforceability of any other provision of the
Agreement.
I. No express or implied waiver by any party of any right of that party under this
Agreement in any specific circumstance shall be considered to waive that right of that
party in any other circumstance.
J. The covenants and agreements in this Agreement are binding on and issued to the
benefit of the parties and their respective heirs, executors, administrators, legal
representatives, successors, and assigns.
ARTICLE XIII
TERMINATION
13.01 The term of this Contract shall be for a period of twelve months from the effective date;
however, if either party feels in its judgment that the contract cannot be successfully
continued, and desires to terminate this contract, then the party so desiring to terminate
may do so by notifying the other party in writing, by certified mail or personal delivery to
its principal office, of its intention to terminate the contract thirty (30) calendar days from
the date of the Notice of Termination. At 12:00 o'clock Midnight, thirty (30) calendar
days after the date of the Notice of Termination, this contract shall terminate, become
null and void, and be of no further force or effect. Such termination shall not affect or
diminish Contracting County's responsibility for payment of any amounts due and owing
at the time of termination of the contract. Contracting County shall remove at its expense
all children placed in the Facility on or before the termination date.
13.02 Service Provider shall cease to incur costs associated with this Agreement upon
termination or receipt of written notice to terminate, whichever occurs first.
ARTICLE XIV
WAIVER OF SUBROGATION
14.01 Service Provider expressly waives any and all rights it may have of subrogation to any
claims or rights of its employees, agents, owners, officers, or subcontractors against
2015.2016 G45 Youth Sawlees— luvenile Residential Facility SeNlm Vol, _ a,30 P9,_7, PaV90r12
i
Contracting County. Service Provider also waives any rights it may have to
indemnification from Contracting County.
ARTICLE XV
INDEMNIFICATION
15.01.11t is further agreed that Service Provider will indemnify and hold harmless Contracting
County against any and all negligence, liability, loss, costs, claims or expenses arising out
of wrongful and negligent act(s) of commission or omission by Service Provider, its
agents, servants or employees arising from activities under this contract. Service Provider
shall have no obligation to indemnify and hold harmless Contracting County for any
act(s) of commission or omission of the County or the County's agents, servants, or
employees arising from or related to this contract for which a claim or other action is
made.
ARTICLE XVI
SOVEREIGN IMMUNITY
16.01 This Agreement is expressly made subject to Contracting County's Sovereign Immunity,
Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and
state law. The parties expressly agree that no provision of this Agreement is in any way
intended to constitute a waiver or any immunities from suit or from liability that the
Contracting County has by operation of law. Nothing in this Agreement is intended to
benefit any third party beneficiary.
ARTICLE XVII
REPRESENTATIONS & WARRANTIES
17.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this Agreement;
B. That is qualified to do business in the State of Texas; that it hold all necessarylicenses
and staff certifications to provide the type (s) of services being contracted for; that it is in
compliance with all statutory and regulatory requirements for the operations of its
business; and that there are no taxes due and owing to the State of Texas, the County of
Contracting County or any political subdivision thereof; and,
C. Service Provider will maintain in force policies of general liability insurance against
loss to any person or property occasioned by acts or omissions of Service Provider.
Certified copies of original insurance policies shall be furnished to Contracting County
upon request. Furthermore, the Contracting County shall be notified immediately upon
any changes in the status of insurance policies and shall promptly furnish updated
certificates of insurance to Contracting County.
D: That all of its employees, interns, volunteers, subcontractors, agents and/or consultants
will be properly trained to report allegations or incidents of abuse, exploitation or neglect
of n juvenile in accordance with the requirements of Texas Family Code Chapter 261 and
any applicable Texas Juvenile Justice Department administrative rules regarding abuse,
neglect and exploitation allegations.
2015-2016 645 Youth services —Juvenile Resldenllaf Facility Servlcesl Vol. p/r, 30 pg._7� iage 10 of 12
ARTICLE XVIII
TEXAS LAW TO APPLY
18.01 This Agreement shall be construed under and in accordance with the laws of the State of
Texas.
ARTICLE XIX
VENUE
19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County,
Texas.
ARTICLE XX
LEGAL CONSTRUCTION
20.01 In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceable provision shall not affect any other provision thereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained therein.
ARTICLE XXI
PRISON RAPE ELIMATION ACT
21.01 The Facility shall adopt and comply with all federal, state, county, and city laws,
ordinances, regulations and standards applicable to the provision of services described
herein and the performance of allobligations undertaken pursuant to this Contract,
including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -
tolerance standard against sexual assault of incarcerated persons, including juveniles, and
addresses the detection, elimination, prevention, and reporting of sexual assault in
facilities housing adult and juvenile offenders.
ARTICLE =I
PRIOR AGREEMENTS SUPERSEDED
22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and
supersedes any prior understandings or written or oral Agreement between the parties
respecting the within subject matter.
2015.2,016645 Youth Servicer—Juvenile Residential Faclllty5ervlces E0
l, 02 30_ pg, 7.5 P ge 12 of 12
This Contract and Agreement is executed with the declared intention of the parties that this
Contract and Agreement is a contract providing for the care of children who have allegedly
committed an act of delinquency or an act indicating a need for supervision, and payment for
such care will be made by Contracting County for the children placed in the Facility by the Judge
of Contracting County having juvenile jurisdiction.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND
EFFECT OF AN ORIGINAL. IN WITNESS WHEREOF, we hereunto affix our signature this
day of 2015.
Duane Peters, County Judge
Brazos County
200 S. Texas Ave., Ste. 332
Bryan, TX 77803
Phone: 979-361-4102
Fax: 979.361-4503
Contracting County
Juvenile Board
Duane Peters, Chairman
Contracting County
Probation Department
Douglas Vance, Ph.D. Date
Executive Director
Date
12j22�IS
G4S Youth Services, LLC
Regional Director Date
2015.2016 G4S Youth Services—Juvenile Residential Facility Services VOI, -2 30 pg �Z P e12af12
ACORO• CERTIFICATE OF LIABILITY INSURANCEPATE
L� 9112016
(MWDD YYYJ
ur3GnG15
THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORRED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER
IMPORTANT; If the eerlllleote holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. It SUBROGATION IS WANED, subject to
the terms and conditions Of the policy, certain policies may require an endorsement. A Statement on this certificate does not cot tights to the
eertmcele holder In lieu or such endoeement(s).
PRODUCER LOcklon Companies
3280 Peachtree Road NE, Suite*250
Atlanta GA 30305
(404) 460.3500
A
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INSURER,: TmWten hvelHCxudry Ca.fAmni.e 25674
INSURED ABL Management, Inc.
1405704 PO8ox40466
Solon Rouge LA 70N5.0488
INSURER e: SMW IMUmnce a A(ubrsl Com WIV 1-4988
• INSURER t: Se I Cnsmh COIN nnv 28,160
INSURER • CO lifICGI01 CaSUDIIV Cn env 20443
LsnJ1mH: ff
American lrdunce Com m, 33 -8
!,
Htum
COVERAGES CERTIFICATE NUMBER: 11784016 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERw
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
SR
TYPE OP INSURANCE
NML
im
$SR
Am.POLICY
NUMBER
O YEFF
POLIEx
LIMITS
ACCMNERCfaMNERAL
LIABILITY
[LAMISMADE®OCCUR
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N
66O.7C796754-TIL-15
9112015
9/1/2016
S 1.000.000
g0.FMG TG a I D 1,000,000
MED FSJ M An1 5,000
PERSONALS ADY INJURY S 1,000,000
GENL AGGREGATE LIMIT APPUES PER:
POLICI'F—lJEFT EILOC
On@R
GENE RAL AGGREGATE s2000000
PRODUCTS -COMPMP AGO s 2.000000
S
B
B
AUICM061LE
X
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LIABILITY
ANY AUTO
ALL ONNED V ULED
H:REO AVrl15 X NAIMCSNNEO
N
N
9U•188.10.04 ((AOS)
90•IBR4D-0J(\L1)
9/1/2015
9112015
972016
W12016
OM61NE05uWLE UMn
I c; enI s 1.0000GG
gOmLYINJURYIP.]panonJ SXXX=
BODILY UUURY(Pet auldM 3')C)C) X
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UMBRELLA LIARX
EXCESS ICLAVAS-MADE
OCCUR
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N
60122a15,T1
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EACMCCOURRENCE s 8.000000
ADGREGATE S 8 000 000
CED i I RETENTIONS 10.000
if =00M
B
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WORRERSCOMPENSATION
ANDEMPLOYERVIIABIIITY YIN
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ELLISEME-FLUAML.TLE_11 1.000000
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORO 101, Addhlsncl R.manu S-.aule. may he atuched 1f MGM space U leauhedl
045 Youth Bmirrs is an addilinna] insumd widl respect to We 8cneml and excess IiA6il(Iy covengg only AS required by e0ebae, subject IP UI< !emu And
conditions arWe policy.
13784636
G4S•BroYmwuod JuvenVe
Allen: Administrator
800 FM 32541600 Old Coleman
Brownwood TX 76801
`SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
the ACORD name and T0gO•dterFeglEtefed.mal".01 :A6DKU
Vol. 02- Pg,_' _ I
t�taj.�
Brazos County
Purchasing rt
De
>o ti200,SOUTH TEXAS AVE 5017E 352 BRYAN, TX 77803
PHONE(999)361-0290' FAX(979)3614293
Ncernber 16, 2015
Shirley Bailey
Bailq Concessions
6430 CR 313,
Navasota, TX 77868
Re. Renewal of Confradfor Concasion Services.
Brazos County appreciates the quality work pany haAprdvidcd,.a,n,.d wouldIke to exercise, the
renewal option for C4 . juract fof 6;icc_io, n= with Bailey6jwessioqs.
All tunns, conditions, and pricing shall rernain-44same' this renewal will'be for one year and will stair
labuaryOl,'2016and will continue
until'Decemlier:31; 3016."
To "accept the renewal option, please fl!L,oulf the information and, sign !bdlow. Return thq.'signe�d
documents V. crda&io c I noMn@braioscia-iintytigovoi hk-6 (979)'361=4293. Please then subraFt.the
original signed, documents and an updated Cchificatc'i'of Insurance by ma ' i ' i
I to tbc:addrcss listed above..
please re6rn. acc,eptance as soon as'oom ible. If y6ii.have.:any questions, I may he readied' at (979)
361-4291.
Cmitact Name:
q'13 t;bq CJ V4Lh 6 0,01- Fix:
SHIRLEY BAILEY:D/131A BAILEY:C . MiJESSIONS:
Authorized
d Signature Date
B, S, C
Duanv?cters County, Sudge Date
—
Vol.o
Pg.
10
A AC S
A Xerox ji Company
B Brazos County Clerk IS Same
H
L 300 E. 26th Street #120 I 1
Bryan, Texas 77803
CUS IUMGK
CONTACT: Honorable Karen McQueen PHONE:
SALES REP: Jack Morris
Sales Order #
P.O. NO.:
12
PRODUCT- PRODUCT DESCRIPTION
sales support QTY
UNIT
PRICE
SALES
AMOUNT
20/20 Land Records Management System 12 month
$
-
20/20 Land and Vitals Recurring 12
4,340.00
$
52,080.00
Additional Search stations Recurring 12
625.000
$
7,500.00
Full Service Indexing
$
-
1.100 instruments per month
3.98
$
-
101-200 Instruments per month
3.940
$
-
201-1700 Instruments per month
3.680
$
-
1701+ intruments per month
1.630
$
-
Internet revenue sharing 50-50
$
-
8840104 lFreight
$
-
SPECIAL INSTRUCTIONS:
SUBTOTAL
$
59,580.00
this is a one year contract from 1-2016 to 12-2016 only
Terms, conditions and pricing of agreement shall remain the same as the contract signed and
agreed upon in "Contract for Full Service computerized Indexing, Optical Imaging Systems and
Services for Vital and Real property Records, Brazos County, TX".
TAX %
I.e..08 or.0725
SALES TAX
$0.00
CUSTOMER ACC NCE: by accept the ' n>rd'f�isaes
Order Agreement include age , a horize A don thisas et forth hCUSTOMER SIGNATURE:%
FREIGHT
F.0.0.
SALES APPROVAL
TOTAL
$
59 580.00
ACS GRM Sales order form revised 6/30/11
V0
l._�,j0 _ Pg,��
112
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 famished under this agreement. ACS shall provide only the standard manufacturers' warranties, 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 terms 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 (2551.) 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 terns and condtions 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.
EVol.
v` rJ D E'9• ��
ACS GRM Sales order form revised 6130111 212
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 terms and conditions set forth
herein.
CONSIDERATION
Client agrees to pay for Real Property Recording, Full -Service Computerized Indexing, and
Digital Imaging Systems and Internet Services, as those services are specifically described in this
Contract and the Exhibits attached hereto, as follows:
See Exhibit "A" attached — Pricing of Systems and Services
See Exhibit `B" attached — Equipment
See Exhibit "C" attached —Description of Processing
See Exhibit "D" attached — Description of Computerized Indexing System
ACSiB.mos CC, 7X-lmagingAgeeme,v7010.doc Page I of21
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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 term
upon the same terms and conditions then in effect. The Client shall notify the Provider in writing
of its decision to exercise this option 30 days prior to the expiration of the original term or a
renewal term. Such renewal tenors shall be upon the then existing terns 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".
ACYBn CC. TX -Imaging Agremiew=O.daa Vol. 2� pg,_ Pag¢2 gf21
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.
Provider shall defend, indemnify and hold harmless Brazos County and all of its officers, agents
and employees from all suites, actions, or other claims of any character, name and description
brought for or on account of an injuries or damages received or sustained by any person, persons,
or property on account of any negligent act or fault of the Provider, or of any agent, employee,
subcontractor or supplier in the execution of, or performance of this Contract Provider shall pay
any judgment with costs which may be obtained against Brazos County growing out of such
injury or damages.
SALES TAX
Brazos County is by statute exempt for the State Sales Tax and Federal Excise Tax; therefore,
the price shall not include taxes.
DESIGN, STANDARDS, AND PRACTICES
Services to be furnished by Provider must conform to the highest standards of practices in the
industry. The digitized microfilm to be processed pursuant to this Contract shall meet the highest
standards of the industry and shall conform to the standards adopted subsequent to the date of
this Contract, if any, by the American National Standard's Institute and/or the Texas State
Library and Archive Commission.
AC"r& CC, rX•LnagingAgree nr2010.doa — Page 3 of11
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COMPLLANCE 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:
Promptly replace the software with a compatible functionally equivalent,
uoninfringing and/or nonrestrained software; or
2. Promptly modify the software to make it noninfringing; or
3. Promptly procure the right of the Client to use the software as intended.
Notwithstanding any provision in this Contract to the contrary, Provider will not be responsible
for indemnifying Client in the event that the Provider's software has been modified by Client or
a third party without the prior written consent of Provider.
INSURANCE
Provider shall, at all times, maintain sufficient insurance coverage to protect Client from all
reasonable loss by liability claims arising out of Provider's performance or lack of performance
of this Contract. If Provider materially changes or cancels any insurance policy required by this
Contract, Provider shall give Client prompt written notice of same.
ACNBi CC 1X-1magWgdgeemenf1010.doc vol. ��tl P AL Page 4 of7l
Upon request, Provider will provide evidence of coverage on a standard ACORD form certificate
ofinsurance.
INVOICES
Invoices shall be mailed directly to:
Honorable Karen McQueen
Brazos County Clerk
Brazos County Courthouse
300 E. 26th Street, -4120
Bryan, Texas 77803
The invoices shall show:
Name and address of Provider.
2. Detailed breakdown of all charges for the services or products delivered stating
any applicable period of time.
Invoices shall be based upon actual services rendered and actual hours of performance and/or
products delivered
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
AC"CC, TX-lmagfng Agreement IOIO.doc / Poge 3Of21
pg,
system until the Client is assured the new equipment is working properly. Such old equipment
will continue in use during that time at no additional cost to the Client.
The hardware and equipment furnished Client according to this Contract shall not be used by
Client during the time period of this Contract except in the furtherance and performance of the
specific terms of this Contract.
Any operating software that Provider has received from the manufacturer of the hardware or
vendor of the hardware shall be delivered to Client for its use, subject to the rights retained in
such operating software and restrictions set forth by such manufacturer or vendor and shall at all
times remain the property of Provider. Provider, or its vendor(s), retains all proprietary right to
such operating software.
Upon the availability of the new equipment to Provider, Provider shall schedule Client for
System Installation. Provider will give Client an estimate time and schedule for installation.
Provider shall use its best effort to perform in a timely manner.
SITE PREPARATION
Client will provide at its own expense a site adequate in space and design for the installation and
operation of the hardware. Client shall be responsible to provide (i) a site that is temperature -
controlled (n) 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 famish additional training at Client's site to compensate for any employee
turnover or software upgrade, and to ensure Client's ability to frilly utilize all hardware provided.
All installation and training is included in the prices set forth in Exhibit 'W'.
ACS/Brt CC, 7X-ImagingAgmemeat7010.dw Vol, C2— r/ O Pg. --A- Page 6 gf2l
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 tern by
providing ninety (90) calendar days written prior notice to the other party of the non -renewal of
the Contract.
ACSBrsot CC, 7X-1=8*19ASNem 1010.Cae Page 7 of 11
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TERMINATION FOR LOSS OF FUNDING
This Contract is subject to termination for convenience upon not less than thirty (30) days
written notice to Provider if Client has failed to receive funds for the continued procurement of
the products or services set forth in this Contract after every reasonable effort has been made by
Client to secure the necessary funding and if no substitute arrangement is made by Client to
obtain the same or similar products or services from another source.
INTERNET SERVICES
Provider will, as part of the pricing set forth on Exhibit A, place all Brazos County Clerk's Real
Property Records (indices and records) on-line commencing with the date of this Contract and
going back to January 1, 2000. Such records will be accessed at www.Texaslandrecords.com
The revenue derived from the searching of the records on the 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 DISCLALWER
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
AC$/Wr 02 CC TX- rmagwg.Igreemen11oiadac Evol
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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
fiunished 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 'W'. 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.
AM1=0$ 7X-1=&gAgnewN10J0.doc Page 9Of21
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SUPPORT
Provider has its only customer support and development center in Dallas, Texas. This center only
supports Provider's products and services. It handles hardware and software calls. Provider
serves as the single point of contact for all support and maintenance issues for its customers.
Provider's philosophy is to insure that if a customer has a problem they can access the customer
support center by 800 -phone number and receive attention via an operator. All problems
identified by phone shall be resolved within a reasonable amount of time. Provider will dial -in to
the records management and imaging system and perform proactive support as well as normal
maintenance and software problem resolution. Provider will guarantee a response or resolution
within a reasonable amount of time.
Provider will maintain in conjunction with the system design specification a problem log that
details all customer requests; regardless as to whether they are scope issues, software problem
reports or enhancement requests. This log shall be available to all customer and project personnel
at all times. Each issue identified in the log will contain a date of submission and the name of the
person submitting the request. As a function of Provider status reports, Provider will provide a
summary of the number of issues opened, the number of issues closed, issues requiring
management attention (such as contractual issues), and copies of all resolved issues (resolution
forms) from the pervious month. It is the intention of Provider to have all issues resolved as soon
as possible.
TITLE TO RECORDED MEDIA
It is expressly agreed by Client and Provider that title to all media recorded pursuant to this
Contract, in any form, (including, but not limited to: silver halide microfilm, hard disks, internet
images, and any other magnetic recording) shall belong to the County Clerk of Brazos County.
DEFAULT
The occurrence of any one or more of the following events shall constitute a default under this
Contract:
Failure by Provider to perform any term, covenant or condition of this Contract,
which default shall continue for a period of fifteen (15) days after Client furnishes
Provider written notice of such failure to perform;
Failure of Provider to repair or replace faulty or malfunctioning equipment,
products, or materials within 48 hours of receipt of notice from the County Clerk,
or failure of Provider to furnish adequate and proper training or retraining of
Client's employees as deemed reasonably necessary by the County Clerk for
Client to properly use the hardware and software of Provider,
ACSBa=w CC. 7X-IM9Mg freemvd2010.dae VO1, — ✓ 0 pg, / Page 10 af21
• 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 LLABIL I'Y
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-DrRECT DAMAGES OR IF, UNDER APPLICABLE LAW, NON -
DIRECT DAMAGES ARE CONSIDERED TO BE DIRECT DAMAGES. PROVIDER
ACSBra=m CC, TX -lm 0jr.4greem V2010.doc �� O Pagell of2l
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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. 20 Street, 9120
Bryan, Texas 77803
RETURN SOFTWARE TO PROVIDER
Provider-
Hubert
roviderHubert 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 famished 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.
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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 County, Texas on this the (of- day of
: Kua)' y , 2010.
CLIENT:
Brazos County, Texas
Brazos County Courthouse
300 E. 26's Street, #1
Bryan, TeW780/
By:
Randy Sims, unty Judge
Acting on behalf of, and by the authority of
The Commissioners Court of
Brazos County, Texas
Kardq McQueen, Brazos
Clerk
PROVIDER:
Government Records Services, Inc.
2800 W. Mockingbird Lane
Dallas, Texas 75235
By: g/�
Hubert P. Aubum
Vice President
ACSB,a CC, rX-1magNgAgmemenf 2010.doc Page 13 of 21
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EXHIBIT "A"
PRICING
I. Full Service Computerized Indexing: Real Property Records
Price Per Instrument Per Month:
1 - 100Instruments -
$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
H. Optical Imaging System: Real Property Records and Vital Statistic Records
Monthly Cost $4,340.00
Includes the following:
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&Br=w CC, TX-1=gmgAFem n12010.dx E
E
?'— P9, -/y Page 14 of 21
8. All Real Property images from January 1, 2000 forward will be loaded onto your
new system.
9. All available Real Property images will be maintained on-line at
www.texaslandrecords.com.
III. Total Average Monthly Billing - $11,300.00
Full Service Computerized Indexing of
Real Property Records, and Optical
Imaging System for Real Property
Records and Vital Statistic Records
IV. Microfilm Conversion of Real Property Records includes importing to ACS 20/20 Perfect
Vision computer system, matching to the existing grantor/grantee index and any hardware
upgrades to maintain systems performance (project specifications see Exhibit "E"). This service
will be invoiced at $0.55 per each instrument converted and billed separately each month as the
work is produced and loaded to the computer. There are approximately 674,600 instruments to
be converted from 1967 to 1999. This project will take approximately 39 months to complete
utilizing records management/archive fee established in September 2009 by Brazos County
Commissioner's Court and is consistent with Brazos County Clerk's 2009 Records Management
Plan. ACS will convert approximately 17,300 previously filed instruments per month for 39
months. The conversion will begin with filing year 1999 and work backwards through 1967. This
project will begin on signing date be invoiced at $9,515 per month until completion -
SPECIAL NOTE:
Subject to the "Care and Use" provision in the Contract, Provider is responsible for all hardware
maintenance, including but not limited to the backing up of the hard -drive on all equipment
leased hereunder. In the event that a hardware component is damaged or not working properly, it
is Provider's full responsibility to replace the damaged component/equipment for the County in
the most efficient and timely manner.
In the unlikely event that the hard drive of the server is damaged, Provider has the capability to
load down all index information and images onto another server and replace the damaged one in
the most efficient and timely manner.
RCVH. CC 7X4=g1ng.4gmc nt201O.dw Page 15 of21
Vol. o� .30 pg, 9�
Hardware
Component
Quantity
Description
Dell PowerEd e T300 Tower
i
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
Duplex Scanner
Dell OptiPlex 960 Small Form
Factor w/ 22" LCD
9
Public Workstation
Dell OptiPlex 960 Small Form
Factor w/ 22" LCD
6
Cashiering Workstation
Axiohm 760
6
Receipt Printer/Validator
G
6
h Drawer
Hewlett Packard LaserJet 4015x
3
etworked Duplex Laser Printer
C Back -UPS 550
8
S for Scanning and Cashierin Workstations
C SurgeArrest Performance
11
ower Strips for Public Workstations, Firewall,
d Network Switch
Dell PowerConnect 2824 Switch
I
etwork Switch
isco ASA 5505
1
irewall
ISeagate GO Station
2
Pocking Station for Backup Drives
Sea ate GO Drives — 500 GB
6Pack-tip
USB Drives
Software
Microsoft Windows 2008 Server Standard — 64 bit
Microsoft SQL Server 2008
Microsoft Windows XP SP3
McAfee Anti -Virus
Symantec Ghost
Kofax Adrenaline Image Processing Engine (Scanning)
PDF Factory Pro Server (Server)
ACSBra:a+CC, TX- ImagingAgnemM2010.do VOL v' "-?F0 Pg„ al Page 16 of21
EXIIIBTT «C"
BRAZOS COUNTY PROCESSING
The following is a step-by-step process for the operation of the Brazos County Clerk's office for
Real Property Records with the new equipment.
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.
ACW,=m CC, fX- JmamAreemenl 2010 -do Page 17 of 21
a. ACS will be responsible for providing, supporting, and maintaining the eRX
System software and the interface to the County Land Record Management
System.
b. ACS will ensure that eRX System is secure and that once documents are received,
they remain immutable until such time as they are recorded.
c. ACS will work with the Submitting Company and County to resolve issues
encountered in the Electronic Recording Process that are within the scope of the
system and software used to support the Electronic Recording Program.
d. ACS will maintain an audit trail of documents received, the source received from,
dates and times received, receipts received, receipts transmitted, and any errors
encountered.
The aforementioned duties and obligations will be fulfilled in a timely fashion at ACS' expense.
County shall fulfill the following duties and obligations.
a. County shall protect the integrity of the recordation process through ongoing
monitoring of documents received and recorded through the Electronic Recording
Program.
b. County (and, if applicable, any third -party providers retained by County) will
work with ACS to install, configure, and administer the necessary infrastructure
components to facilitate the Electronic Recording Program.
c. County (and, if applicable, any third -party providers retained by County) shall test
and maintain the software and hardware required to operate the Electronic
Recording program.
d. County shall apply the same level of diligence in handling documents submitted
electronically as those submitted through the normal paper process.
The aforementioned duties and obligations will be fulfilled in a timely fashion at County's
expense.
ACSMra=w CC, TX. Imaging Agreement 2010.&c VOL O P (/ Page 18 of 21
g.-/�O
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 tug 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.
J Bra:o.+CC, 7X -Imaging Agreement1010.daa Page 19 of11
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.
ACSBr=oz CC. TX- I=gfngAgreeWAt2010.dac vol. —� .�lO �� Page 20 of2l
EIIELIBIT "E"
CONVERSION OF REAL PROPERTY MICROFILM, LOADING, LINKING TO REAL
PROPERTY COMPUTER SYSTEM
For film scanning ACS will retrieve the microfilm from ACS storage vault as needed.
Technicians will inspect each shipped microfilm for quality, to detect any film that may have
deteriorated or may contain poorly exposed document images which could be problematic for
image conversion. Notices of any problems will be forwarded to Brazos County assigned staff
members.
The microfilm will be scanned in dual stream mode (Grayscale and TIFF) using our existing
latest generation state-of-the-art NextScan Eclipse hi -speed, high-quality microfilm scanning
devices providing an initial image output of 300DPI.
As each volume is scanned, the scanner operator will add a control system entry indicating, total
pages scanned, date of scanning, and scan station number. Page numbers are compared to system
generated number as the pages are scanned and the operator notes any discrepancy in the control
system. This identifies any missing or alpha suffixed page numbers. Missing pages will be
reported to Brazos County as specified by a detailed image/audit report which will also be
provided.
During scanning the operator will monitor image quality and rescan any documents of less than
desirable quality. If necessary the technician will use ACS image -correction software to sharpen
Grayscale images and convert to 200 DPI Tiff images. The result will be digital images of the
highest and most consistent quality.
After scanning, images will be reviewed again to ensure the overall quality of the scanned
images and that all corresponding microfilm images have been scanned and post -processed,
quality reviewed with 100% image inspection, and numbered according to required format.
Images will be organized as batches by Record Book Name, Volume and Page within a directory
with the directory name being the book name.
Electronic images will be processed for file naming and final QC. Any files failing QC will be
rescanned and reprocessed. These reprocessed images will be reviewed by management to verify
that best effort has been applied to each questionable image with the resulting image being of the
highest image quality possible from the original image scanned.
After film conversion and tagging, the newly created images will be imported to the ACS 20/20
System. Images will be matched and linked to the existing grantor/grantee index. New images
will be downloaded via remote communications on your system providing a seamless transition.
New images will also be added to the Brazos County real property web based on-line service.
ACSBre CC, 7a'-ImagingAgmement2010.doc Page 21 of21
Vol, 02.30_ Pg. /D/
14
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2015-2016 BUDGET YEAR
NO. 15116 13.1
On this the 22nd day of December 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 22nd day of December 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 8 September 2015, 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 December 2015.
THE COVIlVHSSJONERS COURT OF BRAZOS COUNTY, TEXAS.
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Vol. ,eg0 Pg. /6�-
DIV
72670000
�lnnm
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 -13.1
Tests
F va
i6
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: December 22, 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
Auditors Office
Zdunkewicz, Cindy
Pay Increase
District Attorney
Calderon, William
Promotion
Jones, Lanette
Promotion
Speakmon, Lyndsee
Resignation
JP PCT. 1
Elliott, Wanda
New Hire
Sippel, Jessica
Transfer w/in Dept.
Treat, Ronnie
Retirement
Walker, Courtney
Transfer Win Dept.
Road & Bridge
Zalmanek Jr., Charles
Retirement
Sherriffs Office — Detention
Blasienz, Andrew
New Hire
Conover, Ryan
New Hire
Hehl, Lawrence
Resignation
Miles, An'Tanisha
New Hire
Tax Office
Emerson, Laura
New Hire
Approved in Commissioners' Court: December 22, 2015
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Vol. Pg