ORDER NO. 31789 CONTRACT WITH GOVERNMENT TECHNOLOGIES, INC. FOR ENVIRONMENTAL HEALTH DEPARTMENT Came to be heard this the 7th day of September, 2010, with a motion made by Commission✓'r Williams, seconded by Commissioner Oehler, the Court unanimously approved by i ia vote of 4 -0 -0 to: Approve the Contract with Government Technologies, Inc. for Imaging Services for the Kerr County Environmental Health Department, as discussed at the July 20, 2010 Budget Workshop. 1.5 31 39 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Ray Garcia OFFICE: Environmental Health MEETING DATE: September 7, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take approriate action to approve contract with Government Technologies, Inc., for Imaging services for the Environmental Health Department, as discussed at the July 20, 2010, Budget Workshop. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Ray Garcia ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER - NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: @ All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. #31789 AGREEMENT STATE OF TEXAS COUNTY OF FANNIN This Agreement is entered into on the 7th day of September 2010, between the County of KERR ( "County "), whose principal office is located at the KERR County Courthouse, 700 Main Street, Kerrville, Texas, as Owner, and E GOVERNMENT TECHNOLOGIES, Inc., (herein referred to as "E GOVERNMENT TECHNOLOGIES" or "Contractor "), whose principal office is located at 1814 Bus. Hwy 121, Randolph, Texas, as Contractor. Section One Engagement of Contractor County maintains certain records in the offices of the County Environmental Heath Office and desires to engage Contractor to perform services for the completion of a project which is generally described as follows: Scanning documents generally described as indexes, minutes, case papers and docket sheets constituting historical records in the KERR County Environmental Health Office, which documents are more particularly described in the attached Exhibit A that is incorporated herein by reference. The Scanned images of such documents shall be recorded on an external hard drive in a retrievable format. Contractor shall be permitted to remove from the KERR County Environmental Health Office all the documents to be scanned under this agreement, however, Contractor shall return such documents to the KERR County Environmental Health Office, if requested, upon completion of the work. Contractor agrees to perform the above - referenced services under the terms and conditions set forth in this agreement. Section Two Term Contractor's duties shall commence as designated by the County Environmental Health Office within ten (5) days after this Agreement is approved and shall continue in force until such time as the project is completed which is estimated by the Contractor to be 30 working days for the scanning of the records designated in Section One above. Section Three Compensation As compensation for the services performed under this Agreement by the Contractor, County shall pay to Contractor the total sum of $30,750.00, to be paid in one (1) payment of $30,750.00. Contractor shall be entitled to invoice County the first annual installment on or before October 15, 2010, and County shall pay said invoice within ten (10) working days. Section Four Relation to Parties The parties intend that Contractor, in performing the specified services shall act as an independent contractor, shall have control of the work and the manner in which it is performed. Contractor shall be free to contract for similar services to be performed for other persons while Contractor is under contract with County. Contractor shall not be considered an agent or employee of County and is not entitled to participate in any pension plans, bonus, stock or similar benefits that County provides for its employees. Section Five Location of Services to be rendered Contractor shall perform the services at locations in KERR or FANNIN County as Contractor deems appropriate. County agrees to cooperate with Contractor by providing the documents to be scanned so that all of Contractor's employees and /or agents performing such services under this contract are fully utilized during the normal working hours. Section Six Warranty and Other Representations 6.01 Contractor represents to County that it will utilize personnel experienced in scanning County records to fulfill the obligations under this contract. All work and supplies shall be provided by Contractor and no portion of this contract shall be performed by any subcontractor of E GOVERNMENT TECHNOLOGIES. All pages of files and other documents that in the opinion of the operator or supervisor may not scan properly may be so noted by a disclaimer that states that illegibility of the document is due to the poor quality of the original document. Contractor will not make available or distribute any of the final work product to any third party without the prior written consent of the KERR County Environmental Health Office. Contractor waives any claim of ownership or copyright to any of the work produced and delivered in fulfillment of this contract. Exclusive title to all work product delivered pursuant to this contract shall vest in the County. 6.02 Contractor hereby agrees to defend, indemnify and hold harmless KERR County and all of its elected officials, agents and employees who are participating in this contract from all suits, actions, liability on account of any negligent act or fault of Contractor or any agent, employees, subcontractor or supplier in performing the services described.in Section One of this Agreement. Section Seven Non - Assignability The parties agree that neither party may assign its rights hereunder nor delegate its obligations hereunder without the prior written consent of the other party. Section Eight Terms to be Exclusive The entire agreement between the parties with respect to the subject matter of this Agreement is contained in this Agreement. Except as expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for benefit of any other person, persons, or legal entities. Section Nine Waiver or Modification Ineffective Unless in Writing A waiver, alteration or modification of any of the provisions of this Agreement shall not be binding unless in writing, and signed by the authorized representatives of the parties to this Agreement. Section Ten Authorized Signatories Each agent or representative whose signature appears below represents that he is authorized on behalf of his respective principal to execute this Agreement and that all conditions precedent to the grant of such authority have been fulfilled. Section Eleven Legal Remedies In the event that either party asserts that the other party is in violation of any covenant, term or condition of this Agreement, then the party alleging such breach must first give written notification to the other party of its assertion that such party has violated this Agreement and in such notice, specify, in reasonable detail, the nature of the violation. Upon receipt of such written notice, a party shall have ten (10) working days within which to cure such breach and if the alleged violation is so cured, then this contract shall continue in full force and effect. In the event that the party fails to cure the breach, then the other party may terminate this contract and pursue such remedies as may be available to it either at law or in equity. Each party shall have all statutory, legal and equitable remedies available under the laws of the State of Texas to enforce or interpret this Agreement. VENUE FOR ANY LEGAL ACTION UNDER THIS CONTRACT SHALL BE KERR COUNTY, TEXAS. Section Twelve Definitions The term "working days" shall mean days that KERR County Offices are open for business. The term "normal working hours" means the normal hours that the KERR County Environmental Health Office is open for business during a working day. EXECUTED AND APPROVED on the day first written above. "Owner" KERR County B a inty • KERR County, Texas "Contractor" E GOVERNMENT TECHNOLOGIES, Inc., a Texas Corporation By: \ / e.. derson, President E Government Technologies, Inc. September 1, 2010 Raymond R. Garcia, Jr. Director Environmental Health Department 700 Main, Suite BA -106 Kerrville, Texas 78028 Dear Ray, Thank you for allowing us to provide for your imaging needs. Our 26 years of doing business with Texas County Government providing the most up to date imaging services, software and hardware places E Government Technologies in position to provide you with the most cost effective long term solution available. As we discussed the following is our best estimate of scanning the records of your request that are to be archived: Inventory, box up and transport No Charge Prep and Scan 26 Lateral File Drawers $29,250.00 Self Searching DVD's No Charge Travel & Expenses estimated 1,500.00 Total Cost of Archiving Project $30,750.00 * Indexing is based on file number only. ** Travel & Expenses are based on 2 roundtrips to split the job in half. E Government Technologies proposes to scan off -site the above records delivery in both self searching DVD's and external drive to enable searching and actual use of the work. The images and indexes can be exported and placed into any imaging system the County may purchase in the future. .. Offices in DFW & Oklahoma City E Government Technologies, Inc. E Government Technologies employees have provided this same service for over 125 Counties in the State and can assure that this will provide the fastest and most cost effective solution to archiving your records. If you have any questions or need additional information please feel free to call me at 866.228.0070. Respectfully, . erson Offices in DFW & Oklahoma City