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HomeMy WebLinkAbout2001-04-10-0900AM-Regular• BRAZOS COUNTY FILED FOR RECORD BRYAN. TEXAS DATE y" G - Dt AT O'CLOCK M KgREN MCQUEEN n 7[1l~couNTY CLERK NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, APRIL 10, 2001 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. I. Invocation - Commissioner Cauley. 2. Pledge of Allegiance - Commissioner Cauley. 3. Citizens input and/or concerns. Consider and take action on agenda items 4 - 21: • 4. Request by County Clerk for reallocation of salary funds between positions. 5. Personnel Changes of Status. 6. Payment of Claims. 7. The First Amendment of Tax Abatement Agreement with Heat Transfer Research, Inc. 8. The First Amendment for Full Service Computerized Indexing, Optical Imaging Systems and Services for Vital and Real Property Records with Government Records Services. 9. Revised Resolution authorizing the submission of a grant request to the Criminal Justice Division of the Governor's Office for funding for the Brazos Valley Narcotics Task Force. 10. Professional Services Agreement with Applied Computing Services, Inc. for consulting services for the new Integrated Justice Management system. 11. Rescinding order designating funds to be transferred from the Contingency account for payment of a telephone upgrade for the Information Technology Department. 12. Authorizing payment of Information Technology Department telephone upgrade utilizing Certificate of Obligation funds. 18I 13. Authorizing payment of travel expenses for Walter Wilcox to attend the Southern States RC&D Association Regional Meeting, February 25-28, 2001, in Odessa, Texas. r1n. i a Commissioners Court Meeting Agenda April 10, 2001 Page Two 14. Appointment of a member and a member in emeritus status to the Brazos County Child Welfare Board. 15. Request by the Brazos Center to purchase voice mail for their telephone system. 16. Blanket Purchase Order for $4,000.00 to Dealers Electric for the Maintenance Department. 17. Permission to advertise for RFP #2001-041- Mobile Computers, Data Radios, Mounting Systems for the Sheriffs Office. 18. The Final Plat of Estates of Royder Ridge Phase One, Samuel Davidson League. Site is located in Precinct 1. 19. The Replat of Creekridge Estates Phase One, W. L. Millican Survey. Site is located in Precinct 1. 20. Request from TXU Electric & Gas for: a) a variance to install a 2" natural gas main the county right-of-way of Post Oak Bend in Wellborn Oaks Subdivision rather than placing installation in the existing utility easement, and b) to construct a road bore in the right-of-way of Greens Prairie Road at its intersection with Post Oak Bend. Site is located in Precinct 1. 21. Wellborn Special Utility District's cost estimate of $51,654.00 to relocate an 8" water line to accommodate the South Dowling Road widening project and the requisition for the work. Site is located in Precinct 1. 22. Presentation of the quarterly Delinquent Tax Report. 23. Announcement of interest items and possible future agenda topics. 24. Call for citizen input and/or concerns. 25. Convene into Executive Session pursuant to §551.074 of the Texas Government Code to discuss personnel matters for the Commissioners Court. 26. Consider and take action on Executive Session. 27. Adjourn. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. Le .0 I COMMISSIONERS' COURT REGULAR MEETING APRIL 10, 2001 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, April 10, 2001, with the following members of the Court present: Alvin'W. Jones, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Wm.S. Thornton, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. • The Court first considered a request by the County Clerk for reallocation of salary funds between positions. This would result in a savings of $2,260.50. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the reallocation of salary funds in the County Clerk's office. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20017581 through 20017819 On motion by Commissioner Jones, seconded by Commissioner Thornton, the court voted unanimously to approve the Claims as submitted. Vol 2 a2 Page (all Commissioners' Court meeting April 10, 2001 F~ 1 'k ~i 1: ' `z - 5 2 The Court next considered approval of the First Amendment of Tax Abatement Agreement with Heat Transfer Research, Inc. In the original tax abatement agreement, the owner agreed to a capital investment for property improvements and to occupy the facility on or before March 1, 2001. Due to numerous factors including the weather this has been impossible to accomplish. The first amendment contains a request for a forty-five (45) day extension. On motion by Commissioner Thornton, seconded by Commissioner Jones, the Court voted unanimously to approve the First Amendment of Tax Abatement Agreement with Heat Transfer Research, Inc. A copy is attached. The Court next considered the First Amendment for Full Service Computerized Indexing, Optical Imaging Systems and Services for Vital and Real Property Records with Government Records Services. The first amendment contains a desire by both parties to take advantage of an upgrade of services made possible by advancements in technology that were not available when the original contract was entered into. This will allow the parties to obtain the same results in a quicker, more efficient manner at a reduced cost. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the First Amendment for Full Service Computerized Indexing, Optical Imaging Systems and Services for Vital and Real Property Records with Government Records Services. A.copy of the first amendment is'attached. The next matter for consideration was approval of a revised Resolution authorizing the submission of a grant request to the criminal Justice division of the Governor's office for funding for the Brazos Valley Narcotics Task Force. This is necessary due to an across the board 13.5W reduction in available grant funds. On motion by Commissioner Cauley, Vol aa. Page (x-18 10. 7 Commissioners' Court meeting April 10, 2001 3 seconded by Commissioner Sims, the Court voted unanimously to approve a revised resolution authorizing the submission of a grant. The Court next considered entering into agreement with 01 61 Applied Computiig Services, Inc. for consulting services for the new Integrated Justice Management System. Cost to Brazos County for professional services will be $100 per hour. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to enter into agreement with the Applied Computing Services, Inc. and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. The next matter for the Court's consideration was rescinding the order designating funds to be transferred from the Contingency account for payment of a telephone upgrade for the Information Technology Department. On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to rescinding the order designating funds to be transferred from the Contingency account. The Court next considered authorizing payment of the Information Technology Department telephone upgrade utilizing Certificate of Obligation funds. On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to utilize Certificate of Obligation Funds for the telephone upgrade. The Court next considered authorizing payment of travel expenses for Walter Wilcox to attend the Southern States RC&D Association Regional Meeting, February 25-28, 2001 in Odessa,- Texas. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the payment of $419.02 for expenses incurred by Walter Wilcox. to. attend the Southern States RC&D Association Regional Meeting. Vol a IX Page 619 i71~~1=~`OA•''~s'I~fL7~a'A+"~.79C1~ 5 w., Commissioners' Court meeting April 10, 2001 4 The Court next considered the appointment of a member and a member in emeritus status to the Brazos County Child Welfare Board. On motion by the County Judge, seconded by Commissioners Jones, Thornton, Sims and Cauley, the Court voted unanimously to reappoint Mrs. Marci Clark to the Child Welfare Board and to reappoint Mrs. Topaz Hughes to the Board in emeritus status. The Court next considered a request by the Brazos Center to purchase voice mail for their telephone system. Cost for the delivery, installation and training will be $2,979.15. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the request for the purchase of voice mail for the Brazos Center. Funds will come from Contingency. The Court proceeded to consider the following blanket Purchase Order: Dealers Electric Building Maintenance $4,000 On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the Blanket Purchase Order as submitted. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2001-041 Mobile Computers, Data Radios, Mounting Systems for the Sheriff's Office. On t motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to authorize the Purchasing Agent to advertise •for bids for Mobile Computers, Data Radios, Mounting Systems. The Court next considered approval of the Final Plat of Estates of Royder Ridge Phase I Subdivision in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court Vol a ork Page ) 1 I Commissioners' Court meeting April 10, 2001 5 i 1 voted unanimously to approve the final plat of the Estates of Royder Ridge Phase I Subdivision as submitted. The Court next considered approval of the Re-Plat of Creekridge Estates Phase One Subdivision in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Re-Plat of Creekridge Estates Phase One as submitted. The Court next considered the request from TXU Electric & Gas for 1) a variance to install a 2 inch natural gas main in the right-of-way of Post Oak Bend in Wellborn Oaks Subdivision rather than placing installation in the existing utility easement and 2) to construct a road bore in the right- of-way of Greens Prairie Road at its intersection with Post Oak Bend. The site is located in Precinct 1. The County Engineer recommended denial of the request 01 and approval of request #2. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to deny the i request for a variance. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve request #2 and authorized the installation. A copy of the request is attached hereto. The Court next considered acceptance from Wellborn Special Utility District's cost estimate of $51,654.00 for relocation of an 8 inch water line to accommodate the South Dowling Road widening project in Precinct 1. On motion by ' Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to accept the Wellborn Special Utility District's cost estimate of $51,654.00 for relocation of an. • relocation of an 8 inch water line. I Vol a Page tog i I WIN- im-100.011"IMM Commissioners' Court meeting April 10, 2001 6 The Court next heard a presentation by Shelbourn Veselka, representative of McCreary, Veselka Bragg & Allen, concerning the quarterly Delinquent Tax Report. Under announcement of interest items and possible future agenda topics the County Judge made the following comments: a) A joint meeting will be held with the taxing entities to discuss the ' appointment of board members to the Appraisal District Board. 1. Board can be increased to thirteen (13) members 2. Replace 3/4 rule that requires a vote of the 5 districts with 3/4 of the votes to pass. 3. Get the entities together 4. Board can make decisions 5. Meeting scheduled with the taxing entities at 9:00 a.m. on May 21, 2001 to hear commentary for and against change. b) He read a letter from State Senator, F Steve Ogden relating to the 9-1-1 bill. c) He received a letter from TxDot in reference to the Off System Bridges e Program. He will need to talk to the County Engineer about this. . d) He displayed a map of the current legislative districts. There was no citizen input and/or concerns. At 9:41 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss personnel matters as allowed under §551.074•of the Texas Government Code. At 10:11 a.m. the County Judge announced the meeting open to the public. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to post the job description and take applications for the Executive Assistant position until 5:00 p.m. on May 27, 2001. Vol °1 a Page $ a I ~ . • - - - ~ _ :~S:C''sr.s'rwu.+~.rmwu ,.xc....orv..u..vc.. .x..n-~a..a.._. _ r Commissioners' Court meeting April 10, 2001 7 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to set the salary of the Director of Maintenance at Group 23, Step S. There being no further business to come before the Court, the meeting was adjourned. r is Vol a Page to $ 3 Y i The foregoing minutes of the Commissioners Court meeting held April 10, 2001 have been examined and are approved in open Court this the _ day of C444 1 20QU, in Bryan, Brazos County, Texas. Alvi W. Jones County Judge m. S. T ornton Commissioner, Precinct 2 rey Cali ley, Jr. Commissioner, Preci ct I{ I 6 . Tony Jon Commissioner, Precin6t-l S' loner, Precinct 3 ~ i' 5 'y 'Ka fen McQueen County Clerk GO Vol a al Page I \ I` ti ^ , _i..w ,x •.x.e.cY'.~Tl11®a[Y - u~Cf~IQ~~i-~...-r ~b~a~.'kVfw i.l.,..P~4'./~~I~•.•~~ ~._W- BRAZOS COUNTY COMMISSIONERS COURT MEETING ON y - /o 200 L. AT 9: co / • 1~0 • • 1vS5. , r • 7 i BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200 I AT 9 :ov Amt u i j 'i r i . ~ 31e:~-L ~'~."~ta~tll6@iZW'~~ S'ir=3lut~. 2:.C .:,'7[7.,. ..~c...w... ..r rct,.:.N'•_,._.:.t+.^~~.,. -~[Gnr.K:__...._..._...,....- _ S~i a . arwt=..rrren~.n*r;rea~srw+,sxa~a~r+:u.~sr~m,J~w.u=NWAR=, - PERSONNEL CHANGE OF STATUS page I of 1 COURT DATE: April 10, 2001 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status DEPAR'T'MENT NAME EMPLOYEE NAME ACTION REQUFSTED tiitititittttttttttttttttttttttttttiiiiiiiiiiiiiititttttttttttttttiiiiiiiiiiiiiiiitt DISTRICT CLERK SHIRLEY PAYNE . NEW HIRE JUVENILE SERVICES VICTORIA TIJERINA RESIGNATION ROBERT K. COLSTON RESIGNATION ANNJANNETTE GONZALES TRANSFER W/N DEPT GARY YOUNGBLOOD NEW HIRE JENNIFER AUSTIN SALARY INCREASE TAX OFFICE RAMIRO RAMIREZ RESIGNATION COUNTY ATTORNEY BRANDI SULLIVAN HILL TRANSFER SANDRA HOOPER TRANSFER WIN DEPT MATTHEW B. RATEKIN TRANSFER STEPHANIE WENDT TRANSFER W/N DEPT •I COUNTY CLERK BETTY HARDEMAN TRANSFER W/N DEPT JAIME KELLY TRANSFER WIN DEPT PANSY PIVONKA SALARY INCREASE SYLVIA POLANSKY PROMOTION FLORA WORKMAN PROM07ION ' Approved in Commissioners' Court County Judge's or Commissioner's Mtii copy to be suedbed to minutes) s, r FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND HEAT TRANSFER RESEARCH, INC. This First Amendment to the Tax Abatement Agreement is made by and between BRAZOS COUNTY, TEXAS (hereinafter referred to as "COUNTY'), and HEAT TRANSFER RESEARCH, INC., a Texas corporation (hereinafter referred to as "OWNER'). RECITALS 1. The COUNTY and OWNER entered into a Tax Abatement Agreement dated October 12, 1999, covering that certain tract or parcel of land lying and being situated in the S.W. Robertson Survey, Abstract No. 202, College Station, Texas and being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes. 2. Under Paragraphs 2 and 12 of the Tax Abatement Agreement, OWNER agreed to invest $2,200,000.00 for Property Improvements and to complete construction of a facility and occupy that facility on or before March 1, 2001. 3. Due to numerous factors including inclement weather and construction delays, OWNER is unable to meet the capital investment requirements by March 1, 2001 as provided for in the Tax Abatement Agreements. However, OWNER represents that its construction and capital investment is 85% completed and OWNER will complete construction and occupy the business facility and meet its capital i I investment commitment on or before April 15, 2001. AGREEMENT r; ~I NOW THEREFORE, in consideration of ten and no/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, COUNTY and OWNER agree as follows: 1. The period that OWNER shall have to complete and occupy the building described in the Tax Abatement Agreement shall be and hereby is extended to forty-five (45) days from the original date of March 1, 2001. The revised completion and occupancy date of the facility is April 15, 2001. 2. Except as otherwise expressly amended herein, all other terms and provisions of the Tax Abatement Agreement shall remain in full force and effect. ' 99-JO66 AmendmenLta Agrremext.Camry Page / of J bt~~ tp~g t t 4 t K L ,u r fi ,.rOe.Ir111M~t -•-•:r7x.; `5.:...r.,.s...aou,..n. ~o...i_ EXECUTED this 23wac day of Y~2001. • HEAT TRANSFER RESEARCH INC. By: C / Claudette Beyer, President an O / Date: C4Li~e 2-31, 200 BRAZOS COUNTY, TE By: ea__- , A Alvin . Jones, County Rage Date: ATTEST: C /11/1 lrazos County Clerk Date: ~-/G It.. C)/ r~ u THE STATE OF TEXAS § § CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS § Before me, the undersigned authority, on this day personally Claudette Beyer, President and CEO of HEAT TRANSFER RESEARCH INC., a Texas Corporation, and known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed on behalf of said corporation. Given under my hand and seal of office on this the 2.~ of , 2001. CATHERINE P. MEYM ATP PATAR(RJB JC Notary Public in and for the State of Texas Statc of Texas 4 a .•4 Comm Exp. 0147.2002 99.3066 Awes dmmt w Ag+rmenl County Page 2 of) 0 q a a _ + . 401 ' 4 ~ S I: 1 e 1 i ~ • •..._.......~...._y..uta~+.14rAYrtlIYN rSC" _"'^~7L01Y'R`Sf..L~'~.e~..v..... THE STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF BRAZOS § Before me, the undersigned authority, on this day personally appeared ALVIN W. h i JONES, as County Judge of BRAZOS COUNTY, TEXAS, a pollttcal subdivision of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said County. Given under my hand and seal of office on this the of 444~ '2001. • ` BEATRIZ t) GREEN A ~ A:Y CO~IMIS:;10:~ FJCPIRFS t Pub to and for e s 'Jf ,,,,,e 11.2ar. State of Texc x F 1 a, w G ~t R S J d 99-3066 Anrcnderenr fo_Agrerneeyrt Coa+iry (P70. Page ! oj! mas vat 4 ♦ ♦ ~ w_..q... . _ --.•'~'"'.Orv1„PSMiS ~t7:J%7'~JXO~'.af2'.'i s1'~+7~7'".A.S7~.'SPCTm'7:~'~T^7~'~'~. . 1 i17.'~R.~kK-'";'Tlr•i. ].ter. a . a Y. OT f FIELD NO•rGS 4.575 Acre Tract u • Being all that certain tract or parcel of land lying and being situated in the S.W ROBERTSON SURVEY, Abstract No. 202 in College Station, Brazos County, Texas and betng a portion of tlic 9 575 acre tract called Lot I, Block 3 of the Amending Plat of The Business Center at College Station as recorded to Volume 2763, Page 55 of the Official Records of Brazos County, (O.R.B.C.) and being more particularly described by metes and bounds as follows- COMMENCING: at a found 1/2-inch iron rod marking the west corner of said Lot 1, the southeast corner of Venture Drive right-of-way (based on a 80' width) as dedicated in the said Amending Plat recorded in Volume 2763, Page 55 (O.R B.C.), being in the northeast right-of-way line of State Highway No 6 and being more particularly described by metes and bounds as follows: THENCE- along the said southeast line of said Venture Drive right-of way and the northwest line of said Lot 1. Block 3 for the following three (3) calls. 1) N 42° 09'3 1" E for a distance of 318.72 feel to a found 1/2-inch iron marking a Point of Curvature of a curve to the right; 2) 74.79 feet along said arc of a curve having a central angle of 5° 38' 19", a radius of 760.00 feet, a tangent of 37 43 feet and a long chord bearing N 44° 58'4 1" E at a distance of 74.76 feet to a found 1/2-inch ion rod for Point of Tangency, 3) N 47° 47'50" E for a distance of 28.89 feet to a 1/2-inch iron rod set for Point of Beginning, THENCE. N 47° 47'50" E continuing along said Venture Drive right-of-way for a distance of 302.89 feet to a found 1/2-inch iron rod marking a Point of Curvature ofa curve to the left, THENCE: 29.56 feet along the arc of said curve having a central angle of 2° 00'58", a radius of 840.00 feet, a tangent of 14.78 feet and a long chord bearing N 46° 47'21 " E at a distance of 29.56 feet to a found 1/2-inch iron rod marking the common most northerly corner of Lots I and 2, Block 3 of said Amending Plat; THENCE: along the common line of said Lots 1 and 2 for a following five (5) calls: I ) S 44° 13'04" E for a distance of 244.13 to a found 1/2-inch iron rod, 2) S 18° 40'00" E for a distance of 200.00 to a found 1/2-inch iron rod, 3) S 53° 40' 00" E for a distance of 200.00 to a found 1/2-inch iron rod marking the most easterly corner of said Lot 1; 4) S 32° 20'00" W for a distance of 175.00 feet to a found 1/2-inch iron rod for corner, 5) S 67° 20'00" W for a distance of 140.32 feet to a 1/2-inch iron rod set for corner; THENCE: N 42° 12' 10" W through the interior of said Lot I for a distance of 622.57 feet to the POINT OF BEGINNING and containing 4.575 acres of land, more or less. I, Michael R. McClure, Registered Professional Surveyor No. 2859 in the State of Texas do certify to the best of my knowledge, irlformation and belief and in my professional opinion that this survey is true correct and agrees with a survey made on the ground under my supervision and that this service substantially conforms to the standards and specifications for a Texas Society of Professional Surveyors Category IA. Condition Il Survey. Michael R. McClure, R.P.L.S. 02859 EXHIBIT "A" 1091 r zr R ' FIRST AMENDMENT 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 § t PARTIES This First Amendment 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", and GOVERNMENT RECORDS SERVICES, n/k/a ACS/Government Records Management, 2800 W. Mockingbird Lane, Dallas, Texas 75235, hereinafter referred to a "Provider". RECITALS WHEREAS, Client and Provider entered into a Contract for microfilming, indexing and storage of Real Property Records and Vital Statistics Records of Brazos County, Texas on July 10, 1997; and WHEREAS, the original Contract still has one and a half (1 years on its original term; and WHEREAS, technology has simplified and made more efficient the process that Provider was contracted to perform on behalf of Brazos County, Texas; and WHEREAS, the Client wishes to upgrade to the more cost effective and efficient technology to accomplish the same goal of the original Contract; and WHEREAS, Client will be able to obtain the same result more quickly and more efficiently for less money; and WHEREAS, the parties wish to alter their current Contract to provide for this updated le technology. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the upgrade in services and product the parties agree to the terms and conditions set forth herein. 97-1084 Fib Amendmmi Servln Agreemsm 4201 Page ! of 22 CONSIDERATION Client agrees to pay for Real Property Recording, Full-Service Computerized Indexing, and Optical Imaging Systems and Services, as those services are described, as follows: See Exhibit "A" attached - Pricing of Systems and Services • See Exhibit "B" attached - System Proposal (herein the "Proposal') See Exhibit "C" attached - Description of Processing See Exhibit "D" attached - Vitals Conversion Agreement See Exhibit "E" attached - Description of Computerized Indexing System Exhibits A, B, C, D, and E are attached hereto and made a part hereof for all purposes. The cost of these Systems and Services have been negotiated by the General Services Commission of the State of Texas. These negotiated prices are offered to Brazos County through the QISV Catalogue Purchasing Program of the General Services Commission. DURATION This Contract Amendment shall commence immediately upon execution and shall expire at midnight on July 9, 2002, where upon it shall renew automatically on July 10'h of each year for a total of three (3) additional years, subject to the annual appropriation of currently available funds by the Brazos County Commissioners Court. Such renewal terms shall be upon the same terms and conditions as set forth herein. • CONTRACT The Proposal, submitted documents, and any negotiations reduced to writing and signed by both parties, having been properly accepted by Client, shall be considered to be a part of the Contract equally binding between Provider and Client. No different or additional terms will become a part of this Contract without the execution of a written Change Order(s) signed by both parties. This Contract supercedes, only to the extent it is inconsistent with, the Contract it amends between Client and Provider for the systems and services set forth in this Contract. CONFLICT OF INTEREST No public official shall have interest in this Contract, in accordance with Vernon's Texas Codes Annotated Local Goverment Code Title 5, Subtitle C, Chapter 171. 97-JM4 Rrst_AmendAM_&rvln Agreement I I Pase 2 of 22 bar. Qw U96 t L F M,~„farA{p~~IV/ CONFIDENTIALITY ' e I' t F 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 County Judge of Brazos County or 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 "E". 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. INDEMNIFICATION Provider shall defend, indemnify and hold harmless Brazos County and all of its officers, agents and employees from all suites, actions, or other claims of any character, name and description brought for or on account of an injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the Provider, or of any agent, employee, subcontractor or supplier in the execution of, or performance of this Contract. Provider shall pay Pnge 3 o~1I F 97-3081 Fret Anrerdmewr Sm ere Agreement I 1 01 a.p - 4 l r a 4 f i I L R V 1 r F 1.Mr4+Y~1 _ 'Lip- 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 Agreement, if any, by the American National Standard's Institute and/or the Texas State Library and Archive Commission. COMPLIANCE WITH GOVERNING LAWS All services provided for herein must comply with all federal, state, county and local laws governing or covering the type of services included in this Contract. PATENTS/COPYRIGHTS • If any claim is asserted or action or proceeding brought against the Client which alleges that all or any part of the Software provided hereunder in the form supplied by Provider, or the Client's use thereof, infringes or misappropriates any United States copyright or patent, or any trade secret, contact, 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 costs and expenses occasioned by Client's cooperation in such defense. If the Software 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: 9r.aa~ Fri Axw daeu_serWcv Ag-X$ 4201 y r 1 to 25 Page I of 22 f 1. Promptly replace the Software with a compatible functionally equivalent, noninfringing and/or nonrestrained Software; or 2. Promptly modify the Software to make it noninfringing; or 3. Promptly procure the right of the Client to use the Software as intended. • 1 i t 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. Provider agrees to provide Client, upon Client's request, with all insurance certificate(s) needed, which are to remain in force throughout the entire term of this Contract. INVOICES Invoices shall be mailed directly to: Honorable Karen McQueen ' Brazos County Clerk Brazos County Courthouse 300 E. 26th Street, # 120 ti Bryan, Texas 77803 f - The invoices shall show: 1. Name and address of Provider. 2. Detailed breakdown of all charges for the services or products delivered stating any applicable period of time. Invoices shall be based upon actual services rendered and actual hours of performance and/or products delivered. PAYMENT Agreed payments will be made by Client to Provider upon receipt and acceptance by Client of all completed services and/or products ordered and receipt of a valid invoice in accordance with V.T.C.A., Government Code Section 2251.021. 97.1084 Fins Amendment Service Ag tesneai I 1 0/ rA Page S ojll L E J r f C ~ r N k s I' r~ tie R 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 needed, 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. P id h ll i rov er s perm a t 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 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 by such manufacturer or vendor and shall at all times remain the property of Provider. Provider retains all proprietary right to such operating software. After Client has notified Provider it has prepared the site as required herein, Provider shall schedule Client for System Installation. Provider will give Client an estimate time and schedule for installation. Provider shall use its best effort to perform in a timely manner. SITE PREPARATION Client will provide at its own expense a site adequate in space and design for the installation and operation of the hardware. Client shall be responsible to provide (i) a site that is temperature- • controlled (ii) has the necessary electrical outlet, circuits, and wiring for the hardware, and electric current of sufficient quality and quantity to operate the hardware, and (iii) cooperate with Provider in making arrangements with the local phone carrier for installation of a DSL, ISDN or phone line to the County Courthouse. Any charges due to the phone carrier for installation and monthly service charges shall be at Provider's expense. Client shall be responsible, at its cost, for the proper cabling and wiring of the County Clerk's Office with cabling sufficient to operate the system described herein. Provider shall notify the Client of the type and quality of cabling required to service the equipment. Provider has no duty to prepare the site for installation of the hardware, except as provided above, but does have a duty to give notice to Client of any inadequate conditions which it finds regarding the site. 07-1084 FbW Ame dekwi Semee Agreenmw 4 1_0/ PW 6 002 INSTALLATION AND TRAINING Provider shall have the duty to install or reinstall, if appropriate, the hardware at the site designated by Client. Provider shall also have the duty to provide the adequate and necessary training, as determined in Client's sole judgment, of Client's employees for the operation of the above described hardware and for the understanding of the use of the software. If requested by Client, Provider will furnish additional training at Client's site to compensate for any employee turnover or Software upgrade, and to ensure Client's ability to fully utilize all hardware provided. All installation and training is included in the prices set forth in Exhibit "A". LICENSE Provider grants to Client the non-exclusive right to use the services and software of Provider listed in this Contract during the tern 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. VITAL RECORDS Provider will upgrade the existing Vital Records System of the Client and make conversions as described on Exhibit "D" hereto. INDPENEDENT 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 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. 97-3084 First Amendment Servrnr Agreeineel 4201 Page 7 oj22 VE • C~ 0 WARRANTY AND DISCLAIMER Services to be performed by Provider will be done by qualified personnel, properly supervised, and will meet such other specifications as are mutually agreed upon by the parties. Provider further warrants and represents that the hardware and software together will perform the purpose for which the system is being rented. 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. CARE AND USE Client shall protect the hardware and software furnished by Provider from deterioration other than normal wear and tear; provided however, should such hardware or software become damaged through the acts or omissions of the Client, including negligent acts, Provider shall repair or replace at Provider's expense. During the period of this Contract, Client shall not use the systems furnished by Provider according to the Contract for any other purpose other than that for which they were designed and only for the purposes intended for the performance of this Contract. Parties agreed that the cost of hardware maintenance service is included in the charges as stated in Exhibit "A". Provider assumes the obligation to repair and maintain such systems in good operating condition and repair at all times during the term of this Contract at Provider's sole expense and at no expense to Client, other than the charges shown on Exhibit "A". 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. SUPPORT Provider has its only customer support and development center in Dallas, Texas. It is staffed by approximately 50 highly competent system certified support people. 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 immediate attention via an operator. No phone call waits will ever occur. All problems identified by phone shall be resolved within 24 hours. 97-1084 Am Ane dm mt SerWee_Agreemenf 4101 -Page d of 11 ML-a_- mar. tp ? 9 c t • Provider will dial-in to the Records Management and Imaging System and perform proactive 1 support as well as normal maintenance and software problem resolution. Provider will guarantee a response or resolution by 12:00 of the next business day if a problem is reported by 5:00 PM, on all problems identified, in the Client's sole opinion, to be of high or emergency severity. 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 f 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, ROM disks, 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; • Failure of Provider to furnish the necessary hardware or software to site of Client s 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; k, l~ 97-3084 Fitxt_Ame dment Srmee Agmment 4_2_01 Page 9 oj11 0O t 4 r o 4 e t - i " - - _ ..,....~_.,.-_.,a..~,._:~.~._.~-. ~...-~.._..~..~_.,..~..:.,..r;..~. ti,-.:_~:._..,~_~:..- , . _ try w •i • ~ • 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. C~ REMEDIES UPON DEFAULT Client reserves the right to enforce the performance of this Contract, in the event of a breach, in any manner prescribcd 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. • 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: Provider: Honorable Karen McQueen Don Faulkenbeny Brazos County Clerk Vice President Brazos County Courthouse ACS/Govemment Records Management 300 E. 26 h Street, # 120 2800 W. Mockingbird Lane Bryan, Texas 77803 Dallas, Texas 75235 RETURN SOFTWARE TO PROVIDER Upon the termination, regardless of cause, or expiration of this Contract, Client shall within 10 days of such termination or expiration, return all software furnished herein to Provider. Within 15 days immediately following such termination or expiration of this Contract, a representative of Provider shall have the right to go onto Client's premises, access all hardware furnished by n U 07.3084 first_Ainendmem-SerWee Ag - v tip e 1 01 Pose 100122 - Provider and remove from such hardware, hard-drives and software furnished by Provider that has been downloaded onto such hardware. I~ I, 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. This Contract embodies the entire contract of the parties with respect to the subject matter hereof. This Contract cannot be modified except by written contract 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 i two 2) originals in Brazos County, Texas on this the /0 L day of 2001. CLIENT: Brazos County, Texas Brazos County Courthouse 300 E. 26'h Street, # 120 Bryan, Texas 77803 By: Alvin . Jones, Coun Judge Acting on behalf of, and by the authority of The Commissioners Court of Brazos County, Texas ATT EST• K rcn McQueen, Brazos County Clerk PROVIDER: ACS/Govcmmcnt Records Management 2800 W. Mockingbird Lane Dallas, Texas 75235 By: . R. on Faulkenbcrry Vice President 97•3081 Flril Amendnwnr Server AKrermen/ 4_2_01 Page /I of 12 a'\ M C - r EXHIBIT "A" 1. Full Service Computerized Indexing: Real Property Records • • Price Per Instrument Per Month: I - 100 Instruments - $3.98 each 101- 200 Instruments - $3.94 each 201- 1,700 Instruments - $3.68 each 1,701 - Up - $1.63 each In the year 2000, Brazos County Clerk averaged paying $7,400.00 per month for Full Service Computerized Indexing for Real Property Records. Monthly prices fluctuate depending on the number of instruments filed in the County Clerk's office each month. Average Monthly Cost - $7,400.00 IL Optical Imaging System: Real Property Records and Vital Statistic Records Monthly Cost - $3,940.00 Includes the following: 1. Computer hardware, software, hardware upgrades, software upgrades, training, and maintenance. 2. All supplies: Paper, toner cartridges, binders, shelving, cleaning and back-up tapes 3. Digital conversion of imaged Real Property documents 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 security microfilm of Real Property records in temperaturethumidity controlled vaults for safekeeping and backup. 6. Storage of Grantee/Grantor indices on magnetic tape for security backup and safekeeping. 7. Monthly and yearly printed Grantee/Grantor indices in alphabetic format. 0 97-IM4 Arst lneadmar servln Agmwenr 4101 Pane 11 of 11 8. All Real Property images from January 1, 2000 forward will be loaded onto your new system. III. Total Average Monthly Billing - $11,340.00 Full Service Computerized Indexing of Real Property Records, and Optical Imaging System for Real Property Records and Vital Statistic Records SPECIAL NOTE: ACS/Government Records Management is responsible for all hardware maintenance, including but not limited to the backing up of the hard-drive on all equipment leased hereunder. In the event that a hardware component is damaged or not working properly, it is ACS/Governmcnt Records Management's full responsibility to replace the damaged component/equipment for the County in the most efficient and timely manner. In the unlikely event that the hard drive of the server is damages, ACS/Government Records Management has the capability to load down all index information and images onto another server and replace the damaged one in the most efficient and timely manner. 97-3084 Fib Amendmein SerumAgranent 12 01 ~o Page 13 oj22 r ' ~ _ R'. i.~~.cC..f~J ~.'ar.fr...:~.•~d ~~.fui.. .U ...1~._. tea. r .ESL , EXHIBIT "B" Cl 01 -0 QYERNMENT RECORD `S SERwc~c BRAMS couNTY, TEXAS COUNTY CLERK RECORDS MANAGEMENTAND IMAGING SYSM A. linage and lad" Database sarmr- QaavW& i ` Conwq Prwlant UL370 P 000.2WK Tower ' Intal Pentfu m X 1000 Af)& 256 K8 LmW 2 _ ` l16~2 ~B R a~ ROC SDI~X i3~ .i Mfft ' NC3163 F,asl Etheamt 1Wf00 Nehmf t kdwfooe Conftftr WOL ' 4OX IDLE CD-ROM Intsgreted 8cm U!t►a2 PW Coaft ler ` 200.2 GS Hoot Pluo x 16.2 G8140OO rpm and 6 x 36,4 OB 10,000 Mm) rWds ulftS SCSI ` Con"q VY 100 2f' l600 x 1200 Ngh R+esaktbn War Wordtor Seagate drum IZW OB DDS4 DATDWW CWO*Apo r*o ` AdVft 294OU DID Fast SCSI P IAdVpW ' Soflwars CompurAtsodata~ s ARCSERVE 2000 for Wndow h7a= GRS 2W" PlQdWt Won AAOU" On R8rvor ~ ~~Q I nslph! I~folie~ Con"gAubomptlo Savfiftovehr aid aayr ~ s~ s lei r II i` a A EXHIBIT "B" 9-Q-M A M_MffRECQRD$ .SEr R 4 fivM O8 COUNTY, TO= COUNTY GLERK RECORDS MANAGEW&ffAND WAGING SYSTEM c. AdminisiraWe Warkstadon - ouanW 1 • Hard►rare ' Compaq DesOra EN-W r P311000 HSE &MI Psntlum x-1ooo UW • 133 MW BUS ' PCB AGP A lSA Bus AmhltacWr,e • 312 K8 L "W 2 Cache PO "no Hers! Symhranoas ° tad NB SDP," f.44 M.9 sir (sloppy Disk Ddyn ' 20 08 Smart # Ultra ATA FIDE Disk Odw kw Jet PC! SCSI Host Adapter • In tat Audio with PmmloorIntaml Spwkam • 9 Expansion Slots, b Buys ' Intel PRCVf00 VM 10/1007YEh 7wWast EthametNehrark Cannvevon • NLILUA INM Pro AGP Graphics Controller-1Q MD SGRAM • Compaq Vy100 21" fWOx 1200 High Resolution Color Monitor • Adatraar ` iCayboard foams JAZ 2 GS RanovaNe Disk Vdve • Qty (2) -.IAZ 2 GB Disk Media ' Amedcan Power Conversion Back UPS ORlee 350 VA 6oftwer+s - ' Nicrosolt llMdo= 98 ° Symantac AnbVfnrs 2001 V7.0 ORS 20120 Pwfact Vk mn Client r-. a Wwi-w .nd Zwgino IYOU n Enw= Page a VO a a may 1 o tP_ R f ~ 1 f X Lb .111 EXHIBIT "B" • 60 RkAfeVT'RFCaep SERVICES awos COUNTY, TEXAS COMY CLERK RECORDS MAAW GEMENT AND IMAGING SY87EM A POW Mewing Wodar6rdam - ouwl ft 2 ' C*mPaq Deskpro J9iSDT PWlWd 8fsE loft/ Pondum ®-1000 jilk ` 133 Wk Bus ` PC4 AOP a isA eta AmhA,9,. wro 2" Cache P/pe/lne ftmt 8'nchmnow ` M8 Lov~os/ T SDRA6! ' ?661 ' 1.44 Ma 3.6' Fkppy,Dlsk oj" ` 20 GB Smart if 0,*- a ATA ElDE ftkVftW ` UX CD-ROM ' kWAuto PrQl ierJhhvnWSpea ers * 6 Emmnabn Sbis„ S Bgys ' k3W PRCVf00 VM 14H0=EdwrneVrost Mmwvat Koft"w* emneggon ` II MLA TM Pro AGP Graphks Conb*A r_ 16 MB SCRAM CO=poq MOO 2111 IWO x 1200 High ResolWWon Ca1wWonNo,r Mort Aryboanl ' Anmdcen PorwrConrwsbn Beck&MOM* 20 VA • So~rraro Nk-lo N Wlndowa W . ~ An&Wnm Pwfftt in GAS n CSwit • • VoLaaammPm&2 ~04, y+ • - EXHIBIT "B" GOVERNMENT RECORDS $ERWCE.S GRAMS COUNTY, TEXAS COUNTY CLFRK RECORDS A/4NAQEuwrmi IMAGING SYSTEM E SMning VMW* tation - Quantity 2 • Hardware " Compaq Deskpro EN5DT P311OW 816E • lutel~/Pu~tlum 1000 MMz ' f3.? Mffz Bus • M AQP a 1SA Sua Ar+chOcturs ' 512 KB Love/2 Cache Pipcllrte Burn! Syndimncus ' 2S8 M8 SORAM ' 1.44 M8 3.5• Floppy DLskDrlvs " 20 08 Smart Y Ultrs AM EVE Dish Dt" * 4830 C"OM • Jntol Audio wfth Premler &Mmal "kam ' 6 Expawfan Slott, S Days a MW PRO1100 VU 1011007X Ethemel/Past EOMMet Nstmi* Coltffodlon ' NM14 VM Pro AGP Omphks Controller-16 NO 8GR4M ` Compaq {/1100 21" 1600 x 1200 fth Resolution ColorNonttcr ' Abuse ` Koyaoard ' Fujltsu M1D93DG Scanner . DuplexOporatron Por&zM 27 ppm simplex fettor- 45 images per minute duplex l~ ' 200.440 DPl Resolution ° 60 Pa" Automated Document Feeder Adaptac 29OU Ultra Fast SCV FOAdapter • A mrkm Power Convaslon Dash UPS Ofts 230 VA ' Softwars ' Micrasoll KWows 88 • Symaetso Ant<Wms 2001 V7.0 /Oft M9a Processing Efigine 3.x GRS 20)20 Perfect Vision Went Bad OW* RICO * MWWOM -*.od &-QiV 4-iili CbWWWaUW ~ I , v e ~ r ~F EXHIBIT "B" 01 - G~,V~VMENT RECORDS SERYjCES JMZOS COUNTY. TEXAS COUNTY CLERK RECORDS MANAGEMENTAND IMAGWG SY87EN P- Prhrtem, NOMVI* Hr W&*tt 4 and UM ' Nardwars Oty, (r) - Howted POOOM LWWJet 40SOTM 80 a!8 RAM • !T ftas PorMinuto ' HMiW Rsdwrd Joanwt fONOO NetwW* Lnt db" Card ` ftw144 Packard LaserJet 4MTN ` 80 MD RAM 17 Pages Per Ninuts Prurt Jew IWOO NWwark /nf wgm Card . CPS • Amerf"n PoAw Conrwsion SmarAM 1400 ` t.4 KVA Claw Catalyw 2924 Duel Speed S*fth MonmWost E1arwtrW (fDeasL-mooease-np ' 24 RJ-46 Porb ' Mow Dab Systems WWW 93 Pkm Prtew R69*k Va//detran, Joum qLI& and Stem IW 0 1 am A t~ y • f. EXHIBIT "C" BRAZOS COUNTY PROCESSING The following is a step-by-step process for the operation of the Brazos County Clerk's office for Real Property Records with the new equipment. I. 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. 97-3084 Furl Aamedmee/ Servrce_AgrrrmeW I I_0 Page 19 of ?T , ~ -71 • • 0 k Provider is capable of performing data input from a variety of microfilm formats including 16mm and/or 35mm rolls that contain the Client's various records images. Provider utilizes a virtually error-free procedure for the entering of land records index data involving a combination of 100 percent key verification, machine editing procedures that will catch alphabetic data in numeric field and vice versa as well as machine checks for missing instrument numbers, missing parties to the document, et cetera, intensive operator training on documented reference materials for key entry personnel. The computerized indexing services includes an alphabetic listing of the Grantors, an alphabetic listing of the Grantees, a "Missing Numbers Report" to account for all the Clerk's instrument numbers showing all the documents indexed in each group of documents submitted by Brazos County Clerk. The Grantor/Grantee index output reports have the following specifications: 1. The names fields are 40 characters to minimize the need for operator judgments on abbreviations and to assure a truer alphabetic sort procedure. 2. The type of document field has 20 characters to prove adequate room to spell out most document types and certain combination document types. 3. Case numbers and money amounts are shown on all index entries for abstracts of judgements and tax liens. 4. Money amounts are shown on deeds of trust index entries. 5. Prior document references on assignments and releases are shown on the index report. If both volume and page prior document reference and a money amount are shown on the same document, the volume and page prior document reference will take priority over the money amount with respect to the information printed on the index report. 6. The page format of the data prominently displays the inclusive certification dales for the index series at the top of each page. 7. If requested by the Brazos County Clerk, all properties described on a document arc 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. EXHIBIT "E" FULL SERVICE COMPUTERIZED INDEXING OF LAND RECORDS Page t1 of 22 A, II 97.3084 F7rsf Amendment Service-.~Agreement 4201 as ~ a- 1 • I' 1 'l 1 b J i 4 Iii e k 11 9. Provider furnishes the necessary sectional post binders of a plastic or poly material comparable in quality and style to those currently in use by the Client. Alphabetic and "current" divider tabs and customized printing or labeling of the binders are also included. 10. Each index is merged with the prior month's index. 11. All months' indices are merged to create a year's index. 12. At the end of each year, that year's index is merged with the previous years' indices. The indices are merged in five (5) year periods, then the two (2) 5-year merges are merged into a 10-year merge. The Provider's System prints the merges on both sides of the paper, not just on the front side. 97-JO84 Firsi-Amen&mo $nrvior_Agreement I 0 I Page 12 of 21 ' r 1 r ,J I * . STATE OF TEXAS § COUNTY OF BRAZOS § A RESOLUTION BY THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR FUNDING A BRAZOS COUNTY, TEXAS PROGRAM KNOWN AS THE "BRAZOS VALLEY NARCOTICS TASK FORCE". WHEREAS, the Commissioners' Court of Brazos County, Texas have the moral obligation to a citizens and taxpayers of Brazos County to ensure that the criminal justice system operates in the most efficient and coordinated manner possible; and WHEREAS, the Commissioners' Court feels that the continuation of the Brazos Valley Narcotics Task Force will materially enhance the administration of justice in Brazos County, Texas, and WHEREAS, the Commissioners' Court has agreed to provide matching monies for the said project in the amount of $ 218,080 00, as required by the grant application, and WHEREAS, the opportunity exists to fund vital parts of this program through the office of the Governor of the State of Texas, Criminal Justice Division; and WHEREAS, The Brazos County Commissioners' Court has agreed that in the event of a loss or misuse of the Criminal Justice Division funds, Brazos County Commissioners Court assures that the funds will be returned to the Criminal Justice division in full, NOW, THEREFORE BE IT RESOLVED by the Commissioners' Court of Brazos County, Texas at its meeting on the 10t" day of April 2001: 1. The County Judge of Brazos County, acting on behalf of Brazos County, be authorized to make application to the Office of the Governor, Criminal Justice Division, Texas Narcotics Control Program, for grant monies to fund the Brazos Valley Narcotics Task Force 2 The County Judge be authorized to accept such grant funds should they be tendered 3. This resolution becomes effective upon it adoption in W Jones, Cffunty Judge Brazos County, Texas ATTEST: ren McQueen Brazos County, Texas i 5 { 1 f .4u.~_.. .r_1r.L.~ T-.:l. e..~ ~b- _ _'-Yi~a lu:. G~„ -•-~~=1,aY`~s'L~ ~ ~•._~.:.s: ~i~ars~~tr...a'.~. _,..:..~•..1 - . J • • • 8 c t i X } c { a t r i i i f i i i i F 6 STATE OF TEXAS § COUNTY OF BRAZOS § A RESOLUTION BY THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR FUNDING FOR A PROGRAM KNOWN AS THE "BRAZOS VALLEY NARCOTICS TASK FORCE". WHEREAS, the Commissioners' Court of Brazos County, Texas have the moral obligation to a citizens and taxpayers of Brazos County to ensure that the criminal justice system operates in the most effluent and coordinated manner possible, and WHEREAS, the Commissioners' Court feels that the continuation of the Brazos Valley Narcotics Task Force will materially enhance the administration of justice in Brazos County, Texas, and WHEREAS, in order to receive Federal matching grant funds, local governments, including Brazos County have been responsible for providing local matching funds in the amount of twenty-five percent of the money utilized in narcotics operations; and WHEREAS, the opportunity exists to fund vital parts of this program through the Office of the Governor of the State of Texas, Criminal Justice Division, and WHEREAS, The Brazos County Commissioners' Court has agreed that in the event of a loss or misuse of the Criminal Justice Division funds, Brazos County Commissioners Court assures that the funds will be returned to the Criminal Justice division in full; NOW, THEREFORE BE IT RESOLVED by the Commissioners' Court of Brazos County, Texas at its meeting on the _Lq~t_day of '_jac_, 2000. 1. The County Judge of Brazos County, acting on behalf of Brazos County, be authorized to make application to the Criminal Justice Division, Office of the Governor, for grant funds to be utilized in the continuation of the Brazos Valley Narcotics Task Force. 2. The County Judge be authorized to accept such grand funds should they be tendered. , 3. This resolution becomes effective upon it adoption. Alvin W. Jo s, County Judge Brazos County, Texas ATTEST: r~ofl,_ Z,, Mary Ann) NaW, County Clerk Brazos County, Texas t r. Judge Alvin W. Jones Brazos County Commissioners Court 300 E. 261A St, Suite 117 Bryan, TX 77803 Phone: (979) 361.4528 ,Apr 04 01 02:45p AppliedComputingServtoes (979) 268-8611 p.2 Applied Computing Services, Inc. ® 3608 Fast 29th Street • Suite 212 Bryan • Texas • 77802-3814 www.lppcomp.com ww.appcomp.com • (409)268-8320 • fax: (409)268-8811 SERVICES AGREEMENT Project Description: R Professlonal Services Date: April 4, 2001 This agreement reflects the understandings between Applied Computing Services (ACSI) and Brazos County Commissioners Court (BCCC): 1) BCCC desires to employ ACSI to perform the professional services described as attached. 2) ACSI shall complete the Project in a prompt and diligent manner. 3) ACSI shall perform the Project with the skills and care expected of professionals in this field, and use reasonable diligence in performing the work in compliance with all statutes, ordinances, laws, codes and standards applicable. Should ACSI opt to employ a subcontractor to perform all or part of the Project, ACSI shall require that the subcontractors exercise the same care as does ACSI. 4) ACSI understands the importance of confidentiality of this project and will exert its best efforts not to disclose the details of the project to any third parties. ACSI employees and contractors are bound by a confidentiality agreement to ACSI on behalf of all ACSI clients. 5) BCCC shall have the absolute right at any time to cancel the Agreement for any reason. ACSI shall be paid for services to time of cancellation, and shall deliver to BCCC all work performed upon receipt of payment. If only a part of the Project is cancelled, ACSI shall continue on those portions not cancelled 6) BCCC agrees not to hire, contract, or engage any ACSI employee without prior written agreement from ACSI for a period of one year from the employee's termination date from ACSI 7) BCCC agrees to pay ACSI at the rates shown in the Project proposal for services completed. Invokes will be presented semimonthly and will detail labor costs, material and travel. if applicable, and cumulative costs to date for the Project. Payment for invoices shall be payable by BCCC within 15 days after receipt of the invoice. 8) ACSI shall not perform services that are not specified without first obtaining a written amendment to the Project. Extra work performed by ACSI without first obtaining a Project amendment shall not constitute a liability for BCCC even if such work constitutes a benefit to BCCC. 9) ACSI warrants it will render Its services In a professional manner, and warrants it will exert every effort to communicate in writing all relevant business processes, data, and methods necessary for ACSI to design, develop, implement and support speck projects. ACSI will warranty its services for a period of 60 days from delivery. 10) In performing the Project, ACSI shall report to Ernie Laney. Project leader for the Project at ACSI is: Don Gilman. 11) Project Details are A I to 1 ' \ • 4 i i .1~.,.~. ..~~..r:. - - • - •_,.,n. _ :..„.•tGt~ i..~:s,.a,b..le....~s.:a:.::f 1~,::...~..._r~`+k....,:,.....~,...~~_ • • • 1 1 t 1 t i i 1 a 1 i c 1 1 I s i P f i Apr 04 01 02:45p gppliedComputin6Servioes (979) 268-8811 p,3 Applied Computing Services, Inc. ® 3608 East 29th Street • Suite 212 Bryan a Texas • 77802-3814 o xi • (409)268-8320 • fax: (409)268-8811 Project Details For. Judge Alvin W. Jones, Brazos County Commissioners Court BCCC B : Don Gilman, Della Whitcomb ACSI Date: April 42001 Re: IT Professional Services Overview 4 BCCC would like to obtain information IT Professional services to assist in various projects being pursued by the Court. These semces are of it Professional nature as they involve application of considerable experience, technological knowledge, and an Engineering approach. Services 1. Acquisition and implementation consulting for a new Integrated Justice Management system. Project management, requirements analysis, software engineering, budgeting and contract negotiation will be involved. 2. Information technology consulting is being requested to improve the County's use of all of its IT resources. The services will include requirements analysis, human resources and management consulting. 3. Imaging System Consulting and Support for the LaserFiche system is also requested. Services include requirements analysis, software engineering, budgeting and contract negotiation. 4. Other professional services may be provided as requested by the Commissioners Court. Deliverables - General ACSI will deliver reports in paper and/or electronic format as requested for each project. If Software Engineering services are performed, ACSI will provide copies of the standard design and documentation materials as appropriate to the project. 1. T t :i p Y t a t; L 4 • 0 a ~ m ! V I { r7 r i h r t 4i i 4 a r '.Apr 04 01 02:46p AppliedComputin6Services (979) 268-8811 p,4 Applied Computing Services, Inc. ® 3608 East 29th Street • Suite 212 Bryan • Texas • 77802-3814 19NA'M • www.appcomp.com • (409)268-8320 • fax: (409)268-8811 i i f { i • r S Products General software engineering/consulting products, such as Microsoft Project 2000, Vnio 2000, and Microsoft Office 2000, will be used in the performance of these service:. Services Under This Contract Due to the sue of the IJMS project, ACSI is temporanly reducing its Professional rate of =125/hr and will provide its professional services at $100/hr until further notice. Other consulting services will be at QiSV stated rates. Payments BCCC will remit payment of invoices as billed by ACSI with 30 day net. Client's Contribution BCCC will need to provide ACSI with direct access to IT staff for a vatiery of purposes. Significant communication will be required for the satisfactory completion of the proposed projects. Acceptance Criteria The acquisition of new systems or implementation of new processes meeting the requirements specified in each project will be used to determine project acceptance. Accepted by: Don Gilman, PE Judge vin . Jones Vice President, ACSI Brazos County Commissioners Court Oo f • • BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM i DEPARTMENT Road and Bridge NUMBER 560010 r DATE OF COURT MEETING: April 10, 001 I See Below ITEM: Request from TXU Electric & Gas for 1) a variance to install a 2" natural gas placing main in the-county right of way of Post Oak Bend On WellboM Oaks Subdi ision rather- than installation i in the right of way of Greens Prairie Road at its intersection with Post Oak Bend. Site Is I locat` d in Precinct 't i r SOURCE OF FUNDS: N/A i ' 1. REQUIREMENTS: A) No work will be permitted between front slope and/or back slope. r B) All installations shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line I and/or 2) in the case of a road bore, perpendicular to the right-of-way line. C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. i D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent Geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility constructlon. i II. ACTION REQUESTED OR ALTERNATIVES: X x Recommend request be DENIED - proposed gas line must be placed in the t designated utility easement. SUBMI ED BY: APPROV Y' i t Richard F. Vance, P.E. Co Issio r Any Jones County Engineer Precinct 1 0001-025 Request 0 I Denied 0 by Commissioners' Court f *lf Right-of-way Variance Date: - 4 Request DENIED 0-yJr~~. C.44 - , .0021 **2) -Road bore Request Alvin W. Jones, Co Judge APPROVED M 9 ' . r REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF4VAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE ' BRYAN, TEXAS 77803 Formal notice Is hereby given that (applicant) proposes to place a (type)X s Clain within the right-of-way of (road) kfws2Cjirk in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by -3 copies of the drawings attached to this notice. I understand and agree that 1. The County Engineer must be notified 72 hours prior to the beginning of construction In order that he, or his designated Inspector, may Inspect the actual Installation. 2. All damage to the roadways and rights-of--way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will In no way be responsible for any damage which might occur to any existing utility lines In the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility A=mmodatign Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24' lower than the lowest part of the drainage or bar ditch and the drainage Is to be considered at least two feet (7) below the center of the roadway. 7. Al sites will be barricaded during the construction period. Construction of this line will begin on or after the ff day of 20.aL, Firm: TXU_ By: 1C ►rnhtx'1~1 Uui n n Title: la- Ju ltc fancy' Address: ?_91 ~f ~ k-lrc.C~u ~1'kit~ il, ~ ~ 1"1 ADZ J Phone: X1-1 2SO i, DENIED lea= BY COMMISSIONERS' COURT ON: April 10, 2001 Date ' s .A n~ -e Alvin . Jo es, my Judge ft%we WOO r w ~ THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL •I Y• TUMlr 001111 03. FLAX t 1 i S l a Y i 't IopdonNl •t tF " 1 1 E 1 TX Posted Speed (11PH) •X• Sign Spoclnps Waters) •X• Sign Spocings (Feet) 30 or lose ,0 120 35 50 160 -40 75 240 ,5 100 320 SO 120 400 55 150 500 60 180 600 65 210 700 10 210 800 F4PM TA•1. IMM beyond dw ebaufdr. 61.15 (Rev. No. 6) a P" 'lal VOL ' ~ "1 ~ air I ' • vH~ t,u1vJ I rtuL, i lulu rmllN SHEET I OF 1 DATE 03-29-2001 MR NAME SwEETMATER FOREST PHI- COLLEGE STATION CUSTOMER SWEETWATER FOREST PH 1- COLLEGE STATION SCALE 100 - ° - - - ' - - SERVICE CENTER BRY ADDRESS REGAL OAKS OR LOCATION OFFICE 171 MAPSCO M OESIGNER YINN.CIMBERLY DEANNE CSR LANTRIP.DENNIS LYNN USERID GA7A PHONE 12541770-6210 - PHONE 19791774-2506 - - - < - ` 03 30 03 30 3031 3002 3029 3011 R Q MMN to Eps~ OFF CF PJA%r 11$ 11111 $1116111 , Y IF oar At 'osr o$$ \ 3001 ad$1d OeIY I. ,v ~ ~p M VV .rq~. w~~,y 1rMw M ~b1 1.lr., I. Iwiw, w w ti /rte w I. ~~'~.II M l,i..•4 11 wI br M w Ykwr w br4p .1 er• M.~ rrY.l r Ir wu.w ,Iwrw .1 IY 1 V bbY F w♦ •AY, .~.wrw ~A M \P ~ MllwL• 4 tit rNI wl .n N111 ~NSt~ww.r.. M Iny II w• r.[+I Yb.L . 1 1 I - I PC 1 r 1 .tM-J-..~-_-r" - ~td.~.•.aJ.c~:L.Iw.'~.r .ih.=.-~~•~y'yy.. - _ ~yjWeY -a.C ~it.j4C4f-wL:L, n..u•Qi-+1n.-~..-- .Yf.~L-.•a. w THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL • • 0 1 4 s i x i I 4 E 1 i IL I r fRMU-1. Wwk d•rwd an.bmulda. 6H-16 (Rev. No. 6) 1 r PROM TRAMC COMM MAN I 1 fd[ 1....Y.: ' • Y . .'~dr. r .t. • ~ i t 1 l x i loptwwl Posted Speed (IIPH) 'X• Slgn Spooings Waters) •X• Slpn Spoolnps (Feet) 30 or less ,0 120 35 50 160 _ 40 75 210 4S 100 320 50 120 400 SS ISO 500 60 180 600 65 210 700 10 2q0 800 r F THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL 'ti d d w M o+ t!t ft ' O442 O"d M M F+ r rorbto i KNA r r i Co N Im N r N lA r Of cr I V 0 V LA ILA I f ~ t h } 1 1 i Y A • S k y ' Y 1 J k • Y F Y F f I I