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:
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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.
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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.
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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.
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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.
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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.
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Commissioners' Court meeting April 10, 2001
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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,
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Commissioners' Court meeting April 10, 2001
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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
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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.
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Commissioners' Court meeting April 10, 2001
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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
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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
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Commissioners' Court meeting April 10, 2001 5
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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
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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.
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relocation of an 8 inch water line.
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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
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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,
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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.
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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.
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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.
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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
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Tony Jon
Commissioner, Precin6t-l
S'
loner, Precinct 3
~ i' 5 'y
'Ka fen McQueen
County Clerk
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BRAZOS COUNTY COMMISSIONERS COURT
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BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON
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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
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COUNTY CLERK BETTY HARDEMAN
TRANSFER W/N DEPT
JAIME KELLY
TRANSFER WIN DEPT
PANSY PIVONKA
SALARY INCREASE
SYLVIA POLANSKY
PROMOTION
FLORA WORKMAN
PROM07ION
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Approved in Commissioners' Court
County Judge's or Commissioner's
Mtii copy to be suedbed to minutes)
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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
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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
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EXECUTED this 23wac day of Y~2001.
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HEAT TRANSFER RESEARCH INC.
By: C /
Claudette Beyer, President an O
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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)/
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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)
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THE STATE OF TEXAS §
ACKNOWLEDGMENT
COUNTY OF BRAZOS §
Before me, the undersigned authority, on this day personally appeared ALVIN W.
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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
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s 'Jf ,,,,,e 11.2ar. State of Texc
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FIELD NO•rGS
4.575 Acre Tract
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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
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' 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
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CONFIDENTIALITY
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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
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any judgment with costs which may be obtained against Brazos County growing out of such
injury or damages.
SALES TAX
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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
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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.
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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
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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
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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.
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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
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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
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Provider will dial-in to the Records Management and Imaging System and perform proactive
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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;
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97-3084 Fitxt_Ame dment Srmee Agmment 4_2_01 Page 9 oj11
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• 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
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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.
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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
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EXHIBIT "A"
1. Full Service Computerized Indexing: Real Property Records
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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
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BRAMS couNTY, TEXAS
COUNTY CLERK
RECORDS MANAGEMENTAND IMAGING SYSM
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•
60 RkAfeVT'RFCaep SERVICES
awos COUNTY, TEXAS
COMY CLERK
RECORDS MAAW GEMENT AND IMAGING SY87EM
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EXHIBIT "B"
GOVERNMENT RECORDS $ERWCE.S
GRAMS COUNTY, TEXAS
COUNTY CLFRK
RECORDS A/4NAQEuwrmi IMAGING SYSTEM
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' 200.440 DPl Resolution
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Adaptac 29OU Ultra Fast SCV FOAdapter
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- G~,V~VMENT RECORDS SERYjCES
JMZOS COUNTY. TEXAS
COUNTY CLERK
RECORDS MANAGEMENTAND IMAGWG SY87EN
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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
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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
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97.3084 F7rsf Amendment Service-.~Agreement 4201
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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
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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
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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:
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Mary Ann) NaW, County Clerk
Brazos County, Texas
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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
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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.
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(979) 268-8811 p,4
Applied Computing Services, Inc.
® 3608 East 29th Street • Suite 212
Bryan • Texas • 77802-3814
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• www.appcomp.com • (409)268-8320 • fax: (409)268-8811
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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
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
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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
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SOURCE OF FUNDS: N/A
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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'
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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
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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
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DENIED
lea= BY COMMISSIONERS'
COURT ON:
April 10, 2001
Date
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