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BRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 1 DECEMBER 2009 AT 9:00 A.M. IN THE COMMISSIONERS
COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH
TEXAS AVENUE, SUITE 106, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance — Commissioner Wassermann.
.2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 — 15:
• 3. Proposed location for the new Magistrates Courtroom facility, and selection of floor
plan from the options presented to the Commissioners Court on 10/27/09 by the
Honorable Judge J. D. Langley.
4. Budget Amendment 09/10 — 8.1.
5. Personnel Change of Status.
6. Agreement with the Brazos Animal Shelter, Inc. for animal shelter services; term of
agreement is 10/01/2009 through 9/30/2010.
7. Payment of Claims.
8. Proposed Brazos County Animal Control Ordinance (previously tabled).
9. Agreement with Texas NICUSA through the Texas Department of Information
Resources for the Electronic Filing Manager (EFM) application.
Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361-4503
Vol. 109 Pg. 1 1.-r
Commissioners Court Agenda
1 December 2009
Page 2
10. Request for renovations to the current Justice of the Peace / Constable building for
Precinct 4, and permission to fund this project from General Fund Contingency.
11. Contract with LexisNexis Advanced Government Solutions for subscription to the
state /government people search system, SmartLinx. Contract term is 12/01/2009
through 11/30/2013, pending availability of funds.
12. Capital Requisition #00027247 in the amount of $8,740.00 to Software House
International Government Solutions for the Voice over EP (VoIP) telephone system to
be installed as part of the Jail expansion project, as submitted by the Information
Technology Dept.
13. Capital Requisition #00027279 in the amount of $31,225.00 to L3 Security Systems,
Corp. for the purchase of an x -ray scanner for courthouse security.
14. Requisition #00027271 in the amount of $2,501.73 to Wiltons Office Works for the
purchase of furniture for the Low Risk Facility.
15. Request from Jail Administration for reimbursement of lodging expenses that exceed
the County's approved rate; amount requested is $123.17 /night for 3 nights.
16. Acknowledgement of the Monthly Reports submitted in November 2009. These
reports are available for review in the County Judge's Office.
17. Announcement of interest items and possible future agenda topics.
18. Call for citizen input and/or concerns.
19. Agency / Board / Committee reports by Court members.
20. Adjourn
Vol. A d 9 P 1 5
Commissioners Court Agenda
mr 1 December 2009
Page 3
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to
four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make
comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners
Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section
18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the
power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Govemment Code. Accordingly,
members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct
themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public
discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are
inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to
leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a
Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any
individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the
honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees,
individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or
any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of
these rules may result in the following sanctions:
1. cancellation of a speaker'stime;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly
posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published
agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court.
However, responses from the County Judge or Commissioners to unlisted public comment topics could become
deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners
Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to
correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future
agenda. See Texas Open Meetings Act §551.042.
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102.
Vol. 131 Pg. - 7(p •
COMMISSIONERS' COURT
REGULAR MEETING
DECEMBER 1, 2009
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Administration Building, 200 South Texas
Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m.
on Tuesday, December 1, 2009 with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and
officials that were in attendance.
Commissioner Wassermann gave the invocation and then led
the pledge of allegiance.
There was no citizen input /and or concerns.
The Court heard a presentation by 85 District Court
Judge J. D. Langley on the proposed location of the new
Magistrate Courtroom. Judge Langley recommended option #4
that was a maximum utilization of space available, little
waste in long term renovation, offered the greatest
Vol I a 9 Page
Commissioners Court meeting December 1, 2009 2
flexibility and could be completed within three (3) months.
Judge Langley also stated that they are working to coordinate
with future remodeling plans of the courthouse. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to accept Judge Langley's
recommendation and approve option 4 of the remodeling plan
for the Magistrate Courtroom.
The Court next considered Budget Amendment #09/10 -8.1
that would transfer funds from Contingency to Capital
Improvement Fund for Magistrate #2. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the budget amendment as
submitted. A copy each amendment is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to approve
the changes as submitted.
The next matter for consideration was the agreement with
the Brazos Animal Shelter, Inc. for animal shelter services.
Commissioners Peters and Wassermann voiced concern about the
contract not stating they will hold impounded animals at least
3 days. On motion by Commissioner Peters, seconded by
Vol Page '1 Se
Commissioners Court meeting December 1, 2009 3
Commissioner Mallard, the Court voted unanimously to table
consideration. Commissioner Mallard stated he would like a
Workshop on Friday to address his concerns.
There were no claims submitted for the Court's
consideration.
The Court next considered the proposed Brazos County
Animal Control Ordinance. On motion by the County Judge,
seconded by Commissioner Peters, the Court voted unanimously
to table consideration because legal counsel is still making
changes to Section 8.
The next matter for consideration was an agreement with
Texas NICUSA through the Texas Department of Information
Resources for the Electronic Filing Manager (EFM) application
which is used by the District Clerk's office. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve the Agreement and
authorized the County Judge to execute the document. A copy
is attached.
The Court next considered a request for renovations to
the current Justice of the Peace /Constable Precinct 4 building
and permission to fund this project from General Fund
Contingency. The estimated cost for renovation the to
building is $50,000 as submitted by the Director of Building
Vol I afil Page
Commissioners Court meeting December 1, 2009 4
Maintenance. The County Judge asked about funding for the
project. Irene Jett, Budget Officer replied that the only
place the funds could come from was General Fund Contingency.
Commissioner Cauley moved to approve the renovation.
Commissioner Peters seconded the motion. Commissioners
Wassermann, Peters, Mallard and Cauley voted "Aye ". The
County Judge voted "No ". The motion carried.
The Court next considered the contract with LexisNexis
Advanced Government Solutions for a subscription to the
state /government people search system, SmartLinx. The
Investigators in the County Attorney's office use this site.
This is a four (4) year contract. The monthly charge for one
(1) year will be $233.00 per month with a 2 percent increase
for years two (2) through four (4) of the contract. On motion
by Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the contract and authorized
the County Judge to execute the document. A copy is attached.
The next matter for consideration was Capital Requisition
#00027247 in the amount of $8,740.00 to Software House
International Government Solutions for the Voice over IP
(VOIP)telephone system to be installed as part of the jail
expansion project. On motion by the County Judge, seconded by
Vol I a� Page �n
Commissioners Court meeting December 1, 2009 5
Commissioner Wassermann, the Court voted unanimously to
approve the requisition.
The Court next considered requisition #00027279 in the
amount of $31,225.00 to L3 Communications for the purchase an
X -ray Scanner for Courthouse security. Commissioner Wassermann
moved to approve the requisition. Commissioner Cauley seconded
the motion. The Court voted unanimously to approve the
requisition. Irene Jett, Budget Officer asked about funding.
She pointed out that the requisition is for $30,278 but the
line item only has $27,000 in it. Pat Howard, Purchasing
Agent asked that this be tabled while they find the remaining
balance and then do a budget amendment. Irene Jett, Budget
Officer suggested approval contingent on the remaining funds
be borrowed from other projects and then paid back after the
budget amendment. Then on motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted unanimously
to borrow the funds from other projects and then reimburse the
balance from Building Maintenance DDEA funds.
The next matter before the Court was consideration of
Capital Requisition #00027271 in the amount of $2,501.73 to
Wilton's Office Supply to install and purchase furniture for
the Low Risk Facility. On motion by the County Judge,
Vol I a9 Page
Commissioners Court meeting December 1, 2009 6
seconded by Commissioner Peters, the Court voted unanimously
to approve the requisition.
The Court next considered a request from Wayne Dicky,
Jail Administrator for reimbursement of lodging expenses that
exceeded the County hotel rate. A reservation for one of the
Jail officers was lost and he was forced to seek lodging near
the training site but it exceeded the County maximum. On
motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the
reimbursement of $128.01.
The County Judge next considered an Addendum to the
Agenda which was a request from Constable, Precinct 3, Wayne
Thompson asking to be issued a credit card to be used in
paying various travel related expenses as well as the monthly
subscription fee for Public Data, an online service for
verifying driver's license information and addresses used in
serving warrants and civil papers. On motion by Commissioner
Mallard, seconded by Commissioner Cauley, the Court voted
unanimously to table consideration. The credit card policy
would need to be amended to allow this.
The Court acknowledged receipt of the Extension Service
reports submitted in November 2009 and acknowledged receipt of
Vol Page Sa
Commissioners Court meeting December 1, 2009 7
reports from the following County and Precinct Offices showing
revenues collected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2, Place 1
Justice of the Peace Precinct 2, Place 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable, Precinct 1
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Brazos County Events Facilities
Road & Bridge
A copy of the Officials' reports can be viewed in the County
Auditor's office.
Under announcement of interest items and possible future
•
agenda topics the following spoke:
Eric Caldwell, Director of the Information
Technology Department
a) Addressed agenda item #12 and discussed the
process for changing the telephone system at
the Sheriff's office over to voice over IP.
He would like to see the project charter on
the next week's Commissioners Court agenda.
Under citizen input and /or concerns, the following
spoke:
Sheriff Chris Kirk
a) There were 508 inmates in jail, 42 are in
out of county jails, 51 have electronic
monitors and 55 are pending for monitors.
Vol 1 al Page 35
Commissioners Court meeting December 1, 2009 8
There were no Agency /Board /Committee reports by Court
members.
There being no further business to come before the
Court, the meeting was adjourned.
•
Vol / G- Page 8'4
The foregoing minutes of the Commissioners Court meeting held
December 1, 2009 have been examined and are approved in open
Court this the j(oiV- s day of ,1uar,y , 2010, in Bryan,
Brazos •aunt , Texa .
v all
. At Randy Si Lloyd assermann
County +udge Commissioner, Precinct 1
Q) --arae—___
Duane Peters Kenny Malla
Commissioner, Precinct 2 Commissioner, Precinct 3
Irma Cau 7
Commissioner, P.- t 4
Attest: At_9_,_2---fi cQueen
County Cle.k�
At e
Vol 1 R 7 Page gs
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Vol. I a e l Pg. E
4l
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR
NO. 09/10 — 8.1
On this the 1 day of December 2009 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Irma Cauley, Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 1 December 2009 the Court heard and approved a budget amendment for the
2009 -2010 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 21 September 2009, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 1 day of December 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By: / At'
Rand ims, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol. P_9 Pg. g C)
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 8.1
12/1/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency - General Fund 930.00
0100 22800100 60360000 CR Fumiture 1,100.00
0100 22800100 67342000 CR Furniture 5,000.00
0100 91110000 DR Transfer to Capital Improvement Fund 7,030.00
4500 49028000 CR Transfer from General Fund 7,030.00
4500 63000500 80101005 DR Bldg Renov. - Magistrate #2 7,030.00
Magistrate # 2 and General Fund Contingency
To realllocate funds to allow for the remodel of the Magistrate #2 area on the third floor of courthouse.
This amendment covers most of the renovation for the area. There may be additional costs once a determination
of how the bench will be installed is determined.
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Vol. / pg. 90
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: December 1, 2009
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
Ag Extension Besser, Emily New Hire
Approved in Commissioners' Court: December 1 2009:
/
County Judge's or Commissioner's Signature: / ara
(This Copy to be attached to minutes)
Vol. a ' Pg. ��
40 ,
This Customer Agreement is effective on the 1st day of January, 2010 by and between the Texas Department of
Information Resources (DIR), Texas NICUSA, LLC (Vendor), and Brazos County (Customer). DIR, Vendor, and
Customer may each be referred to as Party, and collectively DIR, Vendor, and Customer may be referred to as the
Parties herein.
Capitalized terms not defined herein shall have the meaning set forth in the Master Agreement.
BACKGROUND
TexasOnline 2.0 is based on, and subject to, the TexasOnline 2.0 Master Agreement between DIR and Vendor
dated July 31, 2009, including the Customer Agreement Standard Terms and Conditions. TexasOnline 2.0 is the
name of the official web portal and application delivery framework for the State of Texas.
AGREEMENT
IN CONSIDERATION of mutual covenants and agreements contained in this Customer Agreement, DIR, Vendor,
and Customer agree as follows:
1. Customer may receive Services provided by TexasOnline 2.0 by agreeing to abide by this Customer
Agreement, including the Customer Agreement Standard Terms and Conditions. The TexasOnline 2.0
Master Agreement and this Customer Agreement represent the entire agreement for access to, and use of,
TexasOnline 2.0 Services by Customer.
2. TexasOnline 2.0 offers a variety of website development and hosting, e- commerce and related support
services to Customers. Exhibit A provides the List of Applications, List of Services, and Fee Schedule for this
Customer Agreement. Specifications and additional terms for a service or application may be described in a
Business Case. The applicable approved Business Case will be listed in Exhibit A and attached thereto, and is
incorporated by reference for all purposes into this Customer Agreement.
3. All notices permitted or required under this Customer Agreement will be in writing and will be by personal
delivery, a nationally recognized overnight courier service, e-mail, or certified mail, return receipt
requested. Notices will be deemed given upon the earlier of actual receipt or one (1) day after deposit with
the courier service, receipt by sender of confirmation of electronic transmission or five (5) days after
deposit with the U.S. Postal Service. Notices will be sent to the addresses listed below, or to such other
address as each Party may specify in writing.
Vol. 107 P TO-
If to DIR:
Texas Department of Information Resources
300 W. 15th Street, Suite 1300
Austin, TX 78701
If to Vendor:
Texas NICUSA, LLC
301 Congress Avenue, Suite 400
Austin, TX 78701
With a copy to:
NIC, Inc. General Counsel (Legal Notice)
25501 West Valley Parkway, Suite 300
Olathe, Kansas 66061
If to Customer:
Brazos County
300 E. 26 Street, Ste 216
Bryan, TX 77803
AGREED AND ACCEPTED:
Vendor: Texas Department of Information Resources:
By: By:
Name: Name:
Title: Title:
C
Name: b —. •
Title: &x4 rty �UdiP j
Vol. 1 62 / Pg_ V
Customer Agreement— Standard Terms and Conditions
These terms and conditions apply to each Customer Agreement, to which they are incorporated, by and between
the Texas Department of Information Resources (DIR), TexasOnline 2.0 Vendor (Vendor) and Customer of
TexasOnline 2.0. DIR, Vendor, and Customer may each be referred to herein as Party, and collectively DIR,
Vendor, and Customer may be referred to as the Parties herein.
BACKGROUND
A. TexasOnline 2.0 is based on, and subject to, the TexasOnline 2.0 Master Agreement between DIR and Vendor
dated July 31, 2009. TexasOnline 2.0 is the name of the official web portal and application delivery framework for
the State of Texas.
B. DIR executed a contract with International Business Machines Corporation (IBM) on November 22,2006, (Data
Center Services Master Services Agreement) based on House Bill 1516, 79th Legislature (Regular Session) to
establish a consolidated Data Center, and accordingly all data center services provided by Vendor, excluding DIR -
approved Services under the TexasOnline 2.0 Master Agreement are managed and provided by IBM under the
Data Center Services Master Services Agreement.
STANDARD TERMS AND CONDITIONS
1. Customer Agreement Elements
1.1 The Parties acknowledge and agree that the terms of the TexasOnline 2.0 Master Agreement will
apply to the Customer Agreement, and will remain in full force and effect except as may be
expressly modified by the terms of a Customer Agreement or any amendment to the TexasOnline
2.0 Master Agreement made in accordance with specific provisions of the TexasOnline 2.0 Master
Agreement, Section 5 Contract Amendments. In the event of any conflict between the terms and
conditions of a Customer Agreement and those of the TexasOnline 2.0 Master Agreement, the
terms and conditions in the TexasOnline 2.0 Master Agreement will govern with respect to the
Parties and the Services delivered, unless the Customer Agreement specifically identifies by section
number a clause of the TexasOnline 2.0 Master Agreement and indicates that the Customer
Agreement will be controlling. Notwithstanding the foregoing, the Parties agree that as between
Vendor and DIR on the one hand, and Customer on the other, Sections 8.1, 8.2 and 9.7 in the
Customer Agreement Terms and Conditions will control over any expressly conflicting statement
contained in the TexasOnline 2.0 Master Agreement, if any. The Parties acknowledge the
TexasOnline 2.0 Master Agreement is subject to subsequent amendment by Vendor and DIR
pursuant to its terms and agree that, to the extent any such amendments impact any Customer
Agreement terms and conditions, such amendments will automatically apply to the Customer
Agreement with no further action by the Parties.
1.2 These Customer Agreement Standard Terms and Conditions may be modified by DIR and Vendor
pursuant to the modification of terms of the TexasOnline 2.0 Master Agreement. Such
modifications will be effective as to the affected Customer Agreements following thirty days written
notice to the Customers.
VOL P 02 1 Pg.
1.3 Customer Agreements will continue until terminated as specified therein, and subject to the terms
. of the TexasOnline 2.0 Master Agreement, and Vendor will provide the Services described in the
agreed attachments to the Customer Agreement.
2. DIR Approval
Customer acknowledges that in order for Vendor to provide services pursuant to a Customer Agreement,
DIR must approve placing Customer's website and /or applications (each approved website or application is
an "Application ") on the TexasOnline 2.0 system. A list of websites and /or applications using services under
a Customer Agreement is included in the Customer Agreement (which also includes information on the
specific applications and fees).
3. Services Available to Customer
Vendor offers a variety of website development and hosting, e- commerce and related support services to
participants. The specific list of services and applications that Vendor has agreed to provide Customer will
be specified in each Customer's Customer Agreement.
4. Customer Website Security
If Customer is hosting its own website, Customer will follow recommended security standards for Texas
State and local government websites, and will conform to security policies and procedures in the
TexasOnline 2.0 Master Agreement, Attachment G -9 Security Plan. Customer acknowledges that any failure
on its part to follow recommended security standards may place its own data and operations at risk as well
as those of Vendor and other governmental entities. Vendor will not be liable for violations of security
policies and procedures by Customer. Additionally, failure to comply with security standards may lead to
the suspension or termination of the availability of the Applications on TexasOnline 2.0 by Vendor and DIR.
Vendor will give DIR and the Customer notification of non - compliance immediately upon suspension.
5. Strategic Outreach
In marketing Customer services accessible through TexasOnline 2.0 through brochures, press releases,
advertisements, and other mail -outs and information pieces, Customer will include in any marketing piece
in any medium that the services are provided in affiliation with TexasOnline 2.0 and will use the TexasOnline
2.0 logo and universal resource locator (URL) provided by Vendor for such purpose. Customer agrees to
explore the possibility of co- marketing with Vendor the Customer services available through TexasOnline
2.0 so that marketing costs are shared. There will be a link to the Customer URL from TexasOnline 2.0.
6. Fees
For the Services provided by Vendor, Vendor is entitled to the fees set out in Exhibit A to this Customer
Agreement. A Customer Agreement can be modified for the addition of fees as new Applications are
included in Customer Services based on mutual agreement of DIR, Vendor, and Customer.
7. Customer Obligations
In addition to any other Customer obligations set out in the Exhibits to this Customer Agreement and the
TexasOnline 2.0 Master Agreement, Customer will have the obligations herein.
7.1 Customer will utilize a single merchant ID for the Application(s) listed on Exhibit A, unless expressly
set out in Exhibit A.
Vol. Pg.
7.2 Customer will provide a contact number for the Application or Application(s) on an 8:00 a.m. - 5:00
p.m. CT (Monday through Friday) basis to receive 2nd level inquiries routed from the Help Desk.
7.3 Customer will cooperate with Vendor in Vendor's performance of its obligations under this
Agreement. Customer will agree to an online security audit if requested by Vendor. Customer will
not store or retain any credit card number or the automated clearing house (ACH) account number
captured on its systems.
7.4 Customer will comply with the terms of use and privacy statements, which are displayed on the
TexasOnline 2.0 Website, and with all applicable laws related to information received from or
distributed to individuals using the TexasOnline 2.0 Applications. Customer acknowledges that no
personally identifiable or private information collected through TexasOnline 2.0 may be used by
Customer for any purpose or provided to any third party unless: (i) the user is given clear prior
notice of the possibility of such other use, and (ii) the user affirmatively consents to such use (i.e.,
the user "opts -in" to the contemplated use of his or her personally identifiable or private
information), and (iii) the Customer agrees to its use or the use is otherwise permitted under the
privacy statement. Notwithstanding the foregoing, the Parties acknowledge that such information
may be required by law to be provided to law enforcement, or may be used in investigating
unauthorized use of TexasOnline 2.0.
7.5 Customer will provide access to information and systems as necessary to assist Vendor in
performing its obligations hereunder and under the TexasOnline 2.0 Master Agreement.
7.6 Customer will follow reasonable security standards regarding physical security, data, and systems,
and will not knowingly or negligently take actions to, or by omissions put, State Information or
Customer at risk of loss, damage, or breach of security.
7.7 Customer will at all times be responsible for the backup and preservation of any data within its
control, which does not reside on TexasOnline 2.0.
7.8 Customer will process all refunds for its users. Customer will use the Vendor Customer Service
interface application to process credit card refunds requested by its users.
7.9 Customer will notify Vendor in writing of all laws, rules and regulations, and changes thereto, that
affect TexasOnline 2.0.
8. Representations and Warranties by Vendor
8.1 VENDOR REPRESENTS AND WARRANTS THAT ALL SERVICES PERFORMED UNDER THIS CUSTOMER
AGREEMENT WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. VENDOR DISCLAIMS
ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8.2 NEITHER DIR NOR VENDOR WILL HAVE ANY LIABILITY WHATSOEVER TO CUSTOMER FOR ANY
INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND
(INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF
OR IN CONNECTION WITH OR RELATED TO THIS CUSTOMER AGREEMENT OR THE RIGHTS PROVIDED
HEREUNDER SUFFERED BY CUSTOMER EVEN IF VENDOR IS INFORMED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DIR'S OR VENDOR'S TOTAL LIABILITY TO g
Vol. / a / Pg. 9�
CUSTOMER HEREUNDER FOR ANY REASON EXCEED THE SHARE OF TOTAL REVENUE RECEIVED, BY
VENDOR OR DIR AS APPROPRIATE, UNDER THIS AGREEMENT IN THE TWELVE MONTHS PRECEDING
SUCH CLAIM. THE PARTIES AGREE AND ACKNOWLEDGE THAT THIS LIMITATION OF DAMAGES IS A
FREELY BARGAINED FOR ALLOCATION OF RISK.
8.3 Vendor represents and warrants that Vendor, to the best of its knowledge, has no actual or
potential conflicts of interest in providing services to Customer under the Customer Agreement and
that Vendor's provision of services under the Customer Agreement to the best of its knowledge
would not reasonably create an appearance of impropriety.
8.4 Vendor represents and warrants that neither Vendor nor any person or entity, which will participate
financially in the Customer Agreement, has received compensation from Customer for participation
in preparation of specifications for the Customer Agreement. Vendor represents and warrants that
it has not given, offered to give, and does not intend to give at any time hereafter, any economic
opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to any
public servant or employee in connection with the Customer Agreement.
9. General Terms
9.1 Customer agrees and acknowledges that the terms of the TexasOnline 2.0 Master Agreement
related to force majeure, confidentiality, and any additional limitations on damages will apply to the
Customer Agreement. This section only applies to the extent authorized by law.
9.2 Except as expressly provided herein, no provision of the Customer Agreement will constitute or be
construed as a waiver of any of the privileges, rights, defenses, remedies or immunities available to
Customer. The failure to enforce or any delay in the enforcement of any privileges, rights, defenses,
remedies, or immunities available to Customer by law will not constitute a waiver of said privileges,
rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Except as
expressly provided herein, Customer does not waive any privileges, rights, defenses, remedies or
immunities available to Customer.
9.3 This Customer Agreement will be construed and governed by the laws of the State of Texas and is
performable in Travis County, Texas. Venue for any action relating to a Customer Agreement is in
Texas state courts in Austin, Travis County, Texas, or, with respect to any matter in which the
federal courts have exclusive jurisdiction, the federal courts for Travis County, Texas.
9.4 If one or more provisions of this Customer Agreement, or the application of any provision to any
Party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of the
Customer Agreement and the application of the provision to other Parties or circumstances will
remain valid and in full force and effect
9.5 Except as provided in Section 1.2 above, the Customer Agreement may be amended only upon
written agreement between DIR, Vendor, and Customer, but in no case will the Customer
Agreement be amended so as to make it conflict with the laws of the State of Texas.
9.6 Neither DIR, nor Vendor, nor Customer may assign or transfer this Customer Agreement without
the written consent of the other Parties, which consent will not be unreasonably withheld, except
that upon written notice to DIR and Customer, Vendor may assign the Customer Agreement without
Vol. 1 a� Pg. 9/
DIR's and Customer's consent to any entity that Vendor controls, is controlled by, or is under
common control with, (provided such entity is adequately capitalized) or to any entity which
acquires or succeeds to all or substantially all of the business or assets of Vendor whether by
consolidation, merger, sale or otherwise (such as a spin -off of Vendor).
9.7 Exhibit B Terms and Conditions, Section 14.01 Ownership of Intellectual Property; Infringement and
Misappropriation of the TexasOnline 2.0 Master Agreement is incorporated herein by reference and
will apply to work product created by Vendor pursuant to the Customer Agreement.
9.8 Vendor will serve as an independent contractor in providing services under this Customer
Agreement. Vendor's employees are not and will not be construed as employees of Customer.
9.9 Vendor will have no authority to act for or on behalf of Customer except as provided for in the
Customer Agreement and the TexasOnline 2.0 Master Agreement; no other authority, power, or use
is granted or implied. Vendor may not incur any debts, obligations, expenses, or liabilities of any
kind on behalf of Customer other than those incurred in performance of the Customer Agreement.
9.10 In addition to the requirements of Exhibit B Terms and Conditions, Section 8.01 Financial record
retention and audit of the TexasOnline 2.0 Master Agreement, Vendor will maintain and retain
supporting fiscal documents adequate to ensure that claims for Customer Agreement funds
associated with the Customer Agreement are in accordance with applicable State of Texas
requirements. These supporting fiscal documents will be retained by Vendor for a period of four (4)
years after the date of submission of the final invoices.
9.11 Exhibit D Performance Criteria of the TexasOnline 2.0 Master Agreement addresses the agreed upon
performance criteria for TexasOnline 2.0, including Applications developed or maintained by
Vendor, or otherwise provided to Customer by Vendor. Customer may notify DIR in writing of
alleged performance failures and DIR may, in its sole and exclusive discretion as between DIR and
Customer, determine that a performance failure may have occurred.
10. Termination
10.1 The Customer Agreement is effective upon execution by representatives of DIR, Vendor, and
Customer and expires upon termination or expiration of the TexasOnline 2.0 Master Agreement (as
renewed or extended), unless the Customer Agreement is earlier terminated as set forth below, or
extended in accordance with Section 10.5 below.
10.2 In the event that any Party fails to carry out or comply with any of the material terms and
conditions of the Customer Agreement, another Party may notify the breaching Party of such failure
or default in writing and demand that the failure or default be remedied within thirty (30) days. In
the event that the breaching Party fails to remedy such failure or default within thirty (30) days of
receiving written notice, each other Party will have the right to cancel the Customer Agreement
upon thirty (30) days written notice. Notwithstanding the foregoing, Customer will not have the
right to cancel the Customer Agreement if Vendor's failure or inability to comply with the terms and
conditions of the Customer Agreement is caused by or arises from, in whole or in part, the refusal or
inability, for whatever reason, of Customer to provide the support and assistance that Vendor
requires from Customer to perform its obligations under the Customer Agreement, and which
Customer previously agreed to provide to Vendor. If Customer does not provide Vendor with the
Vol. /02 pg. ��
requisite level or amount of support, for whatever reason, Vendor will, upon receipt of DIR
approval, be entitled, but not obligated, to suspend or cancel any further work on the particular
service or product or Application for which adequate support is not available, and focus its efforts
on other services, products or Applications.
10.3 Except as otherwise provided in the TexasOnline 2.0 Master Agreement, or as provided below, DIR
or Vendor may terminate the Customer Agreement without cause and without cost or penalty upon
ninety (90) days' prior written notice. Notwithstanding the foregoing, with respect to services
under Business Cases which are funded through Convenience Fees or Premium Subscription Fees,
DIR or Vendor may terminate said Business Case without cost or penalty upon one hundred and
eighty (180) days' prior written notice.
10.4 Upon written amendment signed by all Parties, Customer and Vendor may elect to continue
Vendor's services under the Customer Agreement, notwithstanding the expiration or termination of
the TexasOnline 2.0 Master Agreement.
10.5 Unless otherwise provided in Exhibit A herein, pursuant to the provisions of TexasOnline 2.0 Master
Agreement and with respect to services that are not funded through Transaction Fees and Premium •
Subscription Fees, the Customer will pay any unrecovered costs associated with Vendor providing
service to them through TexasOnline 2.0,1f the. Customer terminates the Customer Agreement for
convenience or lack of funding before those costs are fully recovered. Such unrecovered costs will
be calculated in accordance with Exhibit B Terms and Conditions, Section 11.03(d) Termination fee
of the Master Agreement.
10.6 DIR may terminate this Customer Agreement following the determination by a competent judicial
or quasi - judicial authority and Vendor's exhaustion of all legal remedies that Vendor, its employees,
agents or Subcontractors have either offered or given any thing of value to an officer or employee
of Customer or the State of Texas in violation of State law.
11. Dispute Resolution
If a dispute seeking money damages is identified by DIR, Vendor, or Customer, dispute resolution will follow
the procedures outlined in Exhibit B Terms and Conditions, Section 11.11 Dispute Resolution of the
TexasOnline 2.0 Master Agreement, which references Chapter 2260 of the Texas Government Code. Any
pursuit of equitable relief will not constitute a waiver by DIR or Customer of any immunity from suit or
liability. Notwithstanding the foregoing, DIR and Customer are not precluded from initiating a lawsuit for
damages against Vendor in a court of competent jurisdiction and may do so without engaging in the process
provided by Chapter 2260 of the Texas Government Code or 37 TEX. ADMIN. CODE 4 34.1, et seq. (2001)
(Department of Public Safety, Negotiation and Mediation of Certain Contract Disputes).
12. Miscellaneous Provisions
12.1 Customer Copyright and Content Non - Supervision Acknowledgment. The Customer represents to
Vendor and DIR that the content and other materials furnished to Vendor by the Customer for
TexasOnline 2.0 do not (i) violate any third party's copyright, intellectual property rights, rights of
privacy or publicity or other similar rights and (ii) violate any applicable law or State rules and
regulations for TexasOnline 2.0. The Customer acknowledges that neither Vendor nor DIR is
responsible for investigation or approval of the content of any third party sites to which Customer's
Vol. / a 7 Pg.. 79
links on TexasOnline 2.0. Further, the Customer acknowledges that neither DIR nor Vendor is
responsible for the accuracy, completeness, or review of the content of the Customer's public
records or text furnished by the Customer to Vendor or TexasOnline 2.0.
12.2 Any situation that could adversely affect TexasOnline 2.0 may lead to the suspension of the
Customer's Applications on TexasOnline 2.0. Vendor will give DIR and the Customer written notice
immediately upon suspension.
Vol. --- a Pg,
•
Exhibit A
I •h •rl I. Ii ill r I- !I a Y,, I � I m I I ,, I, I tl ':
List of Applications) Supported Under -this Customer Agreement-
1. Electronic Filing Manager (EFM) Application
a) Court Intake Application
b) Court Profile
c) Court Registration
d) Filer Registration
e) Payment Services
Listlof Service(s)�Provided Under this customer'Agreement I ul ` u u r
1. Electronic Filing Manager (EFM) Application
• Electronic Payments System Credit Card Authorization Services /Settlement Services
• Electronic Payments Chargeback Services
• Filing Purge Services
• Customer Information Center Services for Government Entity Applications
• Customer Information Center Services for Electronic Payments transaction services
• TexasOnline Hosting and Application Service Provider (ASP) Services
• TexasOnline Training
• Strategic Outreach
• Physical Environment Management
• Network Infrastructure Management
• Hardware Management
• Operating System Administration
Ill f 14 f ul _I u q a u. 1 4 1 ar7 rr - °
k n a ii G i 1 �, II II I II: b III
F ee Scfiedulen Il.q III( I =1 I � + It J r I �� � „., I I Ilr � i �'
x _k 3 ?.o I'. ° L. III I I ly II ,J III 11 l I I 4 x Il II 11 'I
,IMn I w'i II 11 ICI n 7i IL I I� I � .,# ,p
1. Electronic Filing Manager (EFM) Application
The fee schedule listed below outlines the convenience fees required from the Internet user for
each completed transaction.
Government Entity Service Type Tx0 Services Fee
Electronic Filing Manager Court Intake Services $4.00 TexasOnline
$2.00 County*
Cost Recovery on all Credit Card transactions Based on the credit card type and starting at
2.25% the first year
*NIC will pay to Government Entity on a monthly basis, for each accepted e- Filing the fee for cost
recovery as approved by the Department of Information Resources Board.
Vol. Ja 9 01
Pg.
•
LexisNexis SUBSCRIPTION AGREEMENT AND ORDER FORM 8 SLG
STATE /LOCAL GOVERNMENT PER SEARCH PRICING
EFFECTIVE SEPTEMBER 1, 2009
You may subscribe to the Online Services by agreeing to abide by BRAZOS C Y als3.7GYar'r: E- INVESTIGATION
the General Terms and Conditions and the Price Schedule
attached hereto and incorporated herein, as Exhibits A and B, BY: A �
respectively. The General Terms and Conditions and the (A - MUM SUBSCRIBER SIGNATURE
Additional Terms represent the entire agreement for access to and
use of the Online Services. The General Terms and Conditions NAME: - 1/ jt5
are also set forth in the online TERMS library. In the event of a /
conflict or variation between the General Terms and Conditions TITLE: O,-x , ST dc e .,
attached hereto and those appearing in the TERMS library, the V
latter shall control. Your subscription is subject to acceptance by oAn: 1d/n1 fog
LexisNexis, which acceptance shall be evidenced by issuing one
or more identification numbers to access the Online Services.
�CUS= QM ON Ple pe'.ol:i •hnt r_,n'` :.m as ..I< t2:ec t. =a gi _ r = st:� rd €,_. r.i;. =s r « f .. i vi r t ,r;
1. Organization Name: BRAZOS COUNTY ATTORNEY'S OFFICE - INVESTIGATION
2. Address: 300 EAST 26" STREET, STE. 325
BRYAN, TX 77083
3. County: BRAZOS 4. Country: USA •
5. Telephone Number. 979 - 361.4300 6. Telecopier Number. 979- 361 -4357
7. Email Address: tdiazgco.brazos.bc.us
8. Invoice Address.(if different than 2)
9. Name of Contact, Telephone Number and E -mail Address for the following:
Installation: THERESA DIAZ 979 - 361 -4357 tdiaz@co.brams.bcus
Billing: SAME
Policy /Legal Notification: SAME
Scheduling/Training: SAME
10. Entity Web Address
CUSTOMER CREDENTIALING PROCESS
As a global provider of information, LexisNexis is taking a proactive approach to protect consumers and our customers. One aspect of
this approach is the credentialing of customers. LexisNexis has built a strong, process - controlled system to protect sensitive information
from those individuals without a permissible use to view such data; it is essential that LexisNexis knows who is requesting that data,
what is being requested, and why to meet both contractual obligations with data providers and internal control standards. LexisNexis is
entrusted with highly sensitive, personally identifiable information and takes this responsibility very seriously.
LexisNexis respects the privacy of your personal information. Information obtained during the credentialing process will not be used for
any other purpose.
MAIN CONTACT INFORMATION - An individual designated as a Main Contact will be presumed to have authority to verify account
information and request changes to said information. For credentialing purposes only, each Main Contact must provide the following
information requested below. Credentialing will be performed on the principals and individual(s) listed below, as well as the
organization. Please note that the credentialing process may include telephone contact with the individual(s) listed below; please
provide a business telephone number through which the Main Contact may be reached. LexisNexis respects the privacy of your
personal information; information obtained during the credentialing process will not be used for any other purpose. For more detailed
information, please see LexisNexis' Privacy Statement at http: / /www.lexisnexis.com /terms /privacv.
Last Name Diaz First Name Theresa M.I.
Title Administrative Assistant Telephone 979 - 361.4300
Email Address tdiaz@co.brazos.tx.us
1. First five digits of your Social Security number
-
2. Full date of birth 1/1/1971
ND: SLGovtSubscriptioMgt- PerSearch- Sept2009 I0* 4822- 7603 -7380 Page 1
l acy P /U
Vol. _.-- -- >�•
3. Complete Home Address 908 N. Parker Avenue, Bryan, TX 77803
4. State where individual holds professional Bar /Registration
license and/or where business is licensed or Number /Corporate
incorporated. Registration Number
ADDITIONAL ADMINISTRATOR OR CONTACT INFORMATION (Optional) - Please refer to preceding text for additional
information.
Last Name First Name M.I.
Title Telephone
Email Address
1. First five digits of your Social Security number
-
2. Full date of birth
3. Complete Home Address
4. State where individual holds professional Bar /Registration
license and/or where business is licensed or Number /Corporate
incorporated. Registration Number
AGENCY INFORMATION
Subscriber certifies that Subscriber has not been the subject of any proceeding regarding any trust related matter including, but not
limited to, fraud, counterfeiting, identity theft and the like, and that Subscriber has not been the subject of any civil, criminal or regulatory
matter that would create an enhanced security risk to LN or its data, including but not limited to, any matter involving potential violations
of the Gramm- Leach- Bliley Act (15 U.S.C.§ 6801 et seq.) and its implementing regulations (collectively, "GLBA "), the Driver's Privacy
Protection Act (18 U.S.C.§ 2721 et seq.) and related laws (the "DPPA "), the Fair Credit Reporting Act (15 U.S.C.§ 1681 et seq.)
("FCRA "), the Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. § 1692- 1692p) or similar legal or regulatory guidelines. If any
such matter has occurred, Subscriber shall attach a signed statement, along with all relevant supporting documentation, providing all
details of this matter prior to execution of this Agreement.
PERMISSIBLE USE CERTIFICATION — Please select all choices applicable to the organization.
GLBA PERMISSIBLE PURPOSE
Some LexisNexis Services use and/or display nonpublic personal information, which is governed by the privacy provisions of the
Gramm - Leach - Bliley Act (15 U.S.C. § 6801 et seq.) and its implementing regulations (collectively, "GLBA "). Customer certifies it has
the permissible use under the GLBA to use and /or obtain such information, as marked below, and Customer further certifies it will only
use such information obtained from LexisNexis Services for such purpose(s) selected below or, if applicable, for the purpose indicated
by Customer electronically while using the LexisNexis Services:
At least one must be INITIALED to be permitted access to GLBA data.)
No permissible use;
1.
AS necessary to effect, administer, or enforce a transaction requested or authorized by the consumer;
1. (B) As necessary to effect, administer, or enforce a transaction requested or authorized by the consumer by verifying the
identification information contained in applications for employment, housing, or insurance (Accurint Only);
2. To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability;
3. In required institutional risk control programs;
4. In resolving customer disputes or inquiries;
5. Use by persons, or their representatives, holding a legal or beneficial interest relating to the consumer,
6. Use by persons acting in a fiduciary or representative capacity on behalf of the consumer,
ij ....6... __
7. In complying with federal, state, or local laws, rules, and other applicable legal requirements;
To the extent specifically permitted or required under other provisions of law & in accordance with the Right to Financial
Privacy Act of 1978, to LE agencies, self regulatory organizations, public safety.
DPPA PERMISSIBLE PURPOSE .
Some LexisNexis Services use and/or display personal information, the use of which is governed by the Driver's Privacy Protection Act
(18 U.S.C. § 2721 et seq.) and related state laws (collectively, "DPPA "). Customer certifies it has a permissible use under the DPPA to
use and /or obtain such as marked below, and Customer further certifies it will only use such information obtained from LexisNexis
Services for such purpose(s) selected below or, if applicable, for the purpose indicated by Customer electronically while using the
LexisNexis Services:
(At least one must be INITIALED to be permitted access to DPPA data.)
No permissible use;
1. In connection with any proceeding (including arbitration) in any court or government agency, or before any self -
regulatory body, including investigation in anticipation of litigation;
2. To verify the accuracy of information about a person who provided the information to you (or your client) but only if
i used to recover on a debt against the person or to pursue legal remedies against the person for fraud;
s g2 d . 3. Use by a govemment agency but only in carrying out its functions;
' : 4. Use by any person acting on behalf of a govemment agency but only in carrying out the agency's functions;
5. the by an insurer (or its agent) in connection with claims investigation activities, antifraud activities, rating or
ND: SLGovtSubscriptionAgt- PerSearchSept2009 IDS 4822 - 7603 -7380 Page 2 )
Vol. /a Pg. /0 3
underwriting;
• 6. In connection with motor vehicle safety or theft, or driver safety (except for a motor vehicle manufacturer);
7. Use by an employer or its agents or insurer to obtain or verify information relating to a holder of a commercial driver's
license that is required under Chapter 313 of Title 49 of the United States Code. (Accurint Only)
With regard to the information that is subject to the DPPA, some state law permissible uses may vary from the permissible uses identified
above. In such cases, some state information may not be available under each permissible use listed above and/or Customer may be
asked to certify to a permissible use permitted by applicable state law to obtain information from a specific state.
Customer agrees and certifies it will only use the information described in Sections A and B of this Permissible Use Certification in
accordance with the permissible uses selected above or those selected subsequently in connection with a specific infornation request.
Customer acknowledges by signing above that completion of this document does not guarantee successful credentialing or the creation of
a LexisNexis account.
Customer agrees that the Main Contact may be contacted and provide any additional information, if needed, in order to process this
credentialing request.
r .moo _ =m 31a° ° °0 ° ` `' rteri ome I Infor�matlo ; ( Please fy��` E ; ;' '1 r
'�
ID Holders Names ID Holders Tltles /Positron F I No (LN to fill In)
addrtronalsheetattached
CHRts - ropHti 2 N.
MAD tr>waIeI C14ic-F INVb5TI& TD1t-
I Sco - IT A .
$IDDI INV€STIGATb SG
RAA 9 MONA MOr.1TDy IN VI= STIriRTD2
eon 17. GFe- I N VEST Ir- ,ATOQ.
•
•
ND: SLGovl SubscriptioMgl- PerSearoMSepl2009 IC44822- 7603 -7380 Page 3 1
Vol. a Cl P io�-
EXHIBIT A TO LexisNexis SUBSCRIPTION AGREEMENT H SLG
General Terms and Conditions
State /Local Government Per Search Pricing
September 1, 2009
•
The terms and conditions listed below govern use of the online services (the "Online Services') and materials available therein
('Materials') provided by LexisNexis, a division of Reed Elsevier Inc. and its affiliated companies (collectively 'LN "). The terms 'you"
and 'your in upper or lowercase shall mean the entity (e.g., company, corporation, partnership, sole proprietor, etc.) or government
agency entering into a Subscription Agreement with LN. The 'Subscription Agreement" shall consist of these General Terms and
Conditions, and the standard, transactional rates applicable to your market (the 'Price Schedule').
1. GRANT OF RIGHTS; RESTRICTIONS ON USE (e) Notwithstanding anything to the contrary herein, the right to
1.1 You and the Authorized Users (defined below in Section (1) excerpt or quote insubstantial portions of Materials in
2.1) are granted a nonexclusive, nontransferable, limited right documents prepared in the ordinary course of your business to
to access and use for research purposes the Online Services the extent permitted by applicable copyright law; and (2) store
and Materials made available to you. The rights granted to Materials for periods in excess of the periods set forth above to
each Authorized User are as follows: the extent required for legal or regulatory compliance.
(a) The right to electronically display Materials retrieved from For the avoidance of doubt, downloading and storing Materials
the Online Services for the Authorized User's individual use in an archival database is prohibited. The Online Services and
(e.g., no Authorized User may network others via LANs, the Materials are protected by copyright, intellectual property
WANs, intranets or the internet), subject to the Supplemental laws, and other laws that prevent unauthorized access and
Terms for Specific Materials ('Supplemental Terms'). use. If you are not an Authorized User, you are not permitted
Notwithstanding the foregoing, an Authorized User may display to access or use the Online Services for any purpose
a de minimis amount of the Materials on an incidental, whatsoever. If you nevertheless access and use the Online
infrequent basis for non-commercial purposes to other Services without authorization, your access and use will be
Authorized Users so long as the Authorized Users are in the govemed by these General Terms and Conditions and you will
same physical location and the means of display is not through be liable to LN for any breach of the General Terms and
the internet, an intranet or other types of networking Conditions as well as for unauthorized access and payment for
communication like LANs, WANs; use at the rates in the applicable Price Schedule.
(b) The right to email, fax, download or make printouts using 1.2 To the extent permitted by applicable copyright law and not
the commands of the Online Services and the right to create a further limited or prohibited by the Supplemental Terms, you
single printout of Materials accessed or downloaded by any and the Authorized Users may make copies of Authorized
other means (collectively, "Authorized Printouts "); Printouts and distribute Authorized Printouts and copies.
(c) With respect to Materials that are court cases, court rules, 1.3 Except as specifically provided in Sections 1.1 and 1.2, you
court briefs, agency- issued documents, agency regulations or and the Authorized Users are prohibited from downloading,
executive branch materials from the United States, its states, emailing, faxing, storing, reproducing, transmitting, displaying,
local governments, or territories (collectively, "Authorized Legal copying, distributing, or using Materials retrieved from the
Materials "), the right to download using the commands of the Online Services. You may not exploit the goodwill of LN,
Online Services and store in machine - readable form, primarily including its trademarks, service marks, or logos without the
for that Authorized User's exclusive use, a single copy of express written consent of LN. Additionally, under no
insubstantial portions of those Authorized Legal Materials circumstances may you or any Authorized User offer any part
included in any individually searchable file or content source in of the Online Services or Materials for commercial resale or
the Online Services to the extent the storage of those commercial redistribution in any medium or use the Online
Authorized Legal Materials is not further limited or prohibited Services or the Materials to compete with the business of LN.
by the Supplemental Terms. The storage may continue so
long as the Authorized Legal Materials are needed for 1.4 All right, title, and interest (including all copyrights,
purposes contemplated under the Subscription Agreement or trademarks and other intellectual property rights) in the Online
until the Subscription Agreement is terminated, whichever Services and Materials in any medium belongs to LN or its
occurs first; third party suppliers of Materials. Neither you nor the
Authorized Users acquire any proprietary interest in the Online
(d) With respect to all Materials other than Authorized Legal Services, Materials, or copies thereof except the limited license
Materials, the right to download using the commands of the set forth herein.
Online Services and store in machine - readable form for no
more than 90 days, primarily for that Authorized User's 1.5 You and the Authorized Users may not use the Online
exclusive use, a single copy of insubstantial portions of those Services or Materials in any fashion that infringes the
Materials included in any individually searchable file or content intellectual property rights or proprietary interests of LN or any
source in the Online. Services, to the extent the storage of third party.
those Materials is not further limited or prohibited by the
Supplemental Terns; 1.6 You and the Authorized Users may not remove or obscure
the copyright notice or other notices contained in Materials.
•
1 ND: SLGovtSubscriptionAgt- PerSearch- Sept2009 ID# 4822 - 7603 -7380 Page 4
Vol. 1 a 9 Pg. /0 .
. you and the Authorized Users as authorized expressly by the
1.7 You and the Authorized Users may not use information Subscription Agreement
included in the Online Services or Materials to determine an
individual consumers eligibility for (a) credit or insurance for 3.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1,
personal, family, or household purposes; (b) employment; or THE ONLINE SERVICES AND MATERIALS ARE PROVIDED
(c) a government license or benefit. The term 'consumer' is ON AN "AS IS ", "AS AVAILABLE" BASIS AND LN AND EACH
defined in the United States Fair Credit Reporting Act at 15 THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY
USC §1681. • DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
1.8 Other provisions that govern use of the Materials are set A PARTICULAR PURPOSE.
forth in the applicable Price Schedule, the Supplemental
Terms, online descriptions of files, online notices following 4. LIMITATION OF LIABILITY
source selection, and individual documents retrieved from the 4.1 A Covered Party (as defined below) shall not be liable for
Online Services (collectively, the "Additional Terms'), all of • any loss, injury, claim, liability, or damage of any kind resulting
which are incorporated by reference into the Subscription in any way from (a) any errors in or omissions from the Online
Agreement. Services or any Materials available or not included therein, (b)
the unavailability or interruption of the Online Service or any
2. ACCESS TO SERVICES features thereof or any Materials, (c) your or an Authorized
2.1 Only your employees, temporary employees, students, User's use of the Online Services or Materials, (d) the loss or
partners/members, and contractors dedicated to performing corruption of any data or equipment in connection with the
work exclusively for you (to 'the extent those categories of Online Services, (e) the content, accuracy, or completeness of
persons are appropriate to your situation) are eligible to access Materials, all regardless of whether you received assistance in
and use the Online Services and Materials ( "Eligible Persons'). the use of the Online Service from a Covered Party, or (f) any
Without limitation, extemal professional service providers such delay or failure in perforrnance beyond the reasonable control
as attorneys, accountants, outsourcers and public relations firms of a Covered Party.
are specifically excluded from being Eligible Persons. The tem •
"Authorized User" means an Eligible Person whom you have 4.2 "Covered Party" means (a) LN and any officer, director,
identified to LN for purposes of issuing an LN ID. You agree that employee, subcontractor, agent, successor, or assign of LN;
each LN ID may only be used by the Authorized User to whom and (b) each third party supplier of Materials, their affiliates,
LN assigns it and that the LN ID may not be shared with or used and any officer, director, employee, subcontractor, agent,
by any other person, including other Authorized Users. You will successor, or assign of any third party supplier of Materials or
manage your roster of Authorized Users and will promptly notify any of their affiliates. ,
LN to deactivate an Authorized User's LN ID if the Authorized
User is no longer an Eligible Person or you otherwise wish to 4.3 TO THE FULLEST EXTENT PERMISSIBLE BY
terminate the Authorized Users access to the Online Services. APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL
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and will promptly notify LN, in writing, if you suspect that such an YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE
LN ID is lost, stolen, compromised, or misused. MONTH PERIOD IMMEDIATELY PRECEDING THE DATE
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2.4 The Online Services, Materials, and feature functionality INFRINGEMENT OF INTELLECTUAL PROPERTY OR
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VOL __,-221--- / a
damages of any kind or description based on a third party's legal remedies if you or any Authorized User fails to comply
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secret infringement related to use of the Online Services or
Materials, asserted against you by such third party provided:•(i) 5.3 All notices and other communications hereunder shall be in
all use of the Online Services and Materials was in accordance writing or displayed electronically in the Online Services by LN..
with the Subscription Agreement; (ii) the claim, cause of action Notices shall be deemed to have been properly given on the
or infringement was not caused by you modifying or combining date deposited in the mail, if mailed; on the date first made
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• regulated by a variety of privacy, data protection, and other
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directed against you or the Authorized Users but will apply to entered into a fixed price amendment with LN but LN is unable
all similarly situated LN customers using the Online Services. to provide you will some of the Materials in your subscription
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other Authorized Users without notice and pursue any other credit reporting agencies) as may be required by law; (c) the
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Vol. J a 9 P g _ /O rl
notification will not reference LN or the product through which
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York regardless of the law that might otherwise apply under
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extent permitted by applicable law. If any provision of the
Subscription Agreement is held to be invalid or unenforceable
to any extent, then (a) such provision will be interpreted, •
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intent and (b) such invalidity or unenforceability will not affect
any other provision of the Subscription Agreement.
5.10 Where applicable, each affiliated company of LN and
each third party supplier of Materials has the right to assert and
enforce the provisions of the Subscription Agreement directly
on its own behalf as a third party beneficiary.
5.11 The Subscription Agreement constitutes the entire
agreement of the parties with respect to its subject matter and
replaces and supersedes any prior written or verbal
communications, representations, proposals or quotations on •
that subject matter.
END OF EXHIBIT A
•
ND: SLGovt-SubscriptiortAgt- PerSearch- Sep12009 ID# 4822- 7603 -7380 Pag 7
VO1. IQ?? p /oB
EXHIBIT B TO LexisNexis SUBSCRIPTION AGREEMENT 8 SLG
Price Schedule
State /Local Government Per Search Pricing
September 1, 2009
These charges are effective as of September 1, 2009, and shall continue thereafter until the subscribing organization or
individual ( "Subscriber ") is notified otherwise. For more information about the pricing components, consult the Price
Definitions and Price List available via the Classic Online Services using LexisNexis communications software under the
administrative identification number 20B9ZWS, at no cost to Subscriber for accessing or printing.
1. INFORMATION CHARGES
1.1 SEARCHES. Charges currently range from $0 to $35.00 per search. Consult the Price List available in the Online
Services for detailed search charges.
1.2 DISCOUNTS. The discounts set forth below shall be applied to Subscriber's Information Charges for each monthly invoice
period. The discount shall be computed monthly and shall be based on the average amount of Information Charges incurred
by Subscriber in the three month period beginning four months before the month Subscriber receives the discount.
Discounts shall not apply to: (i) Historical Stock Quotes, (ii) Investext, (Hi) MarkMonitor, (iv) Marklntel, and (v) Multex.
1,(MqnthlyjAyervsiXInfolinatIoniChargasigailiiMiitapeassokitli
From $0 up to 515,000 0%
Over $15,000 up to 530,000 2%
Over 530,000 up to 560,000 4%
Over 560,000 up to 590,000 8%
Over $90,000 12%
1.3 ACCESS. Charges currently range from $0 to $50. Consult the Price List available in the Online Services for detailed
access charges.
1.4 LEXISNEXIS® ALERT. Charges for LexisNexis Alert searches are based on the frequency in which they are executed.
Reports are printed at applicable print rates.
9 oncy nr . 3 � a ;; S °se:S.,....9r..a�:..1.:.+a9a °a4 a. ..."" . smi B.e' 9EactritoR$ ap
Fre p, - a -
Intra -Day $8
Infra -Day 2x 516
Intra-Day 3x 524
Daily $14
Business Day (M-F) 518
Weekly $21
Monthly 527
1.5 RESEARCH TOOLS.
....i: a r:.... a ...,, , .° ° E gitNEAP 1iPASPPIT,ATIOWSEPORT . ii
Shepard's® Table of Authorities Report 51.00/reports
Auto -Cite® service 56.00/cite•
Shepard's® Citation Service $6.00 /cite/SHEPARD'S•
*Includes printing and downloading charges.
ShePard's®Alert..§' :.a...,,,.n,.a: '.d.°,.:. i7Setup = ra wUPSIMesi
Demand UPD $0.00 50.00
Business Day 50.00 50.00
Weekly 50.00 50.00
Bi- Weekly $0.00 50.00
Monthly 50.00 50.00
SHEPARD S® BRIEF :SUITETM+DESKTOPB a 2Stl tl l a tc su m
SRIEFCHECKCON d�@ q s° a a ° Ea„ a a ...,,.REP.ORT t
Shepard's® BdefCheck"' Convenience $2.0081nk•
Shepard's® BnefCheckuil Unique Document Retrieval $2.00 /retrieval'
Shepard's® Linkn' Convenience $2.00/Iink•
Shepard's® FuilAuthority® Report $20.00 /report•
ND: SLGovtSubscriptionAgt- PerSearch- Sept2009 ID* 4822- 7603.7380 Page 8
Vot. l a 9 Pg. /09
•
Shepard's@ StyleCheck" Report $20.00 /report• 1
*Includes printing and downloading charges.
ISINGLEDOCUM1EHXtRETRIEVAC ;Ir:;:. "'a ?: tSE,; ;>.Xte
through LexIsNexisn" at www.Iexis.com
via embedded link (excluding Document Links) $6.00/link
via Get a Document by citation $6.00Aink
through LexIsNexIs Research Software
via LEXSEE® service $6.00/link
via LEXSTAT® service $6.00Aink
9tai . _ l :aLta.:`}c..a[°.1._.dt t l Lima] I ' Aaf llifil n
TOC Document Linking 54.00IIink
Enhanced Table of Content (TOC) $4.00 /per search
Briefs, Pleadings and Motions $35.00Aink
1.6 HISTORIC STOCK QUOTES.
•oar aa, eE. NP . ME .oR: a ir"I' "w ...15,.9ar 2ELF9iEAUHIQUQTER•
•
through LexIsNexIs Research Software
Historic Price Quotes $0.15•
Historic Dividend Quotes $0.25•
*Includes printing and downloading charges.
through LexIsNexIs at www.lexis.com
Historical Quotes 50.30 per day per quote
Results will be formatted for viewing In a tabular format and can be
formatted for printing and printed to the user's local printer at no
additional charge. To download the results to CSV (spreadsheet/Excel
format) the charge will be 52.00. To receive a chart, the charge will be
an additional $1.00. For each additional company that Is added to the
chart for comparison the cost will be $1.00.
•
1.7 PRINTING AND SAVING TO DISK.
Charges for printing and saving to disk are included in the Per - Search rate.
1.8 IMAGES.
Charges for images will be as follows per image retrieved, including print:
a eliNggrighirrialffiginatinerSk gir On . 'safEach.lmage;t
Anatomical Transparendes 50.00
Trademark design Images $0.00
Patent exemplary drawing images 50.00
Elsevier Environmental 53.00
Elsevier Business 56.00
•
IHI patent Images - International 56.00
Patent Family Reports 56.00
Forms 57.50
Potomac Text Document 58.00
•
Hoppenstedt 510.00
Invested $10.00 PDF Imape for Judicial Profile - 7 Circuit $10.00
PDF Image for Judicial Profile - gm Circuit 510.00
Global Reports 525.00
ISO Policy Forms 525.00
Millets 525.00
Potomac PDF Document 525.00
Expert Commentary 550.00
Other Expert Waness Transcripts - Excerpts $50.00
Triodyne Expert Witness Transcripts - Excerpts 550.00
MBA Insight Notes $100.00
Other Expert Witness Transcripts - Full $110.00
Triodyne Evert Witness Transcripts - Full 5110.00
Expert Commentary - Bensen on the Patent 5112.00
Reform Act of 2007
ND: SLGovtSubscdptionAgt- PerSearch- Sept2009 IDA 4822 - 7603 -7380 Page 9
VoL a °I P
•
e_._. 3e.. rc......._s ........ ......... 271 ..._each Imageg
PDF Image for Premium Judicial Profile $200.00
Corporate Governance Quotient Profiles 5250.00
M&A Insights Analysis $450.00
Sustainability & Risk Reports 51,500.00
1.9 ATracHMENTS. Attachment charges are as follows per attachment retrieved, including printing and downloading:
r s....... u t ... H_°r,.,E , �EadFAttiiChrfienG�..osa,al...,:
Attorney Text Book of Medicine 50.00
JurisCharts: Tax 520.00
JurisCharts with Analysis: Tax 530.00
Mealey 50.00
Patent images - US domestic 55.00
McClatchy Graphics 56.00
Newscom, LLC 56.00
WPNPHO -World Picture Network - Full Size $8.00 •
Enhanced Form: Open Fillable word processing $10.00
version of form
All Case Law Jurisdictions - Case in Brief 530.00
Caselaw Offidal Reports $25.00
Elsevier Sdence 530.00
Core Form: Open word processing version of $35.00
form
Briefs, Pleadings & Motions 535.00 •
Netter Medical Illustrations $20.00 •
Core Critical Issues Pamplet 520.00
Core Emerging Issues Commentary • 520.00
50 State Comparative Legislation & Requlations 525.00
JurisCharts: Insurance 5125.00
Enhanced Critical Issues Pamphlet 5133.00
Enhanced Emerging Issues Commentary 5133.00
Premium Current Critical Issues Pamphlet 550.00
Premium Emerging Issues Commentary 550.00
Advanced Practice Strategies Medical 5175.00
Ilustrations
Download Interactive Analytical Report 550.00
Download PDF chart of Multi- Jurisdictional 530.00
Survey with Analysis Now
JurisCharts with Analysis: Insurance 530.00
1.10 DUN & BRADSTREET REPORTS.
Charges for Business Information Reports will range from $84.00 to $599.00 depending on the user's location (e.g. USA,
Canada, etc.). Charges for other Dun & Bradstreet Reports will range from $72.00 to $130.00 depending on the specific
report requested. Consult the Price List available in the Online Services for detailed report charges.
1.11 ANALYZER. $0' per search and $200 per report.
•
1.12 SMARTLINX.
$99 per search
$0 for a Public Record (PUBREC) report
$0 for a Click Search •
1.13 DELAWARE SECRETARY OF STATE. $35 per report.
1.14 COMPANY DOSSIER. Charges range from $5 up to $50 per report and from $0 up to $50 per document link.
1.15 RISK SoLunoNs. Charges for Telephone Look -Up will be $0.75 per search, Reverse Telephone Look -Up will be 50.75
per search, Name and Address Verification will be $3.00 per search, and InstantlD® will be $3.00 per search. Get A Report
charge will be 599.00 per search. Charges for Report Component will range from $0 to $6.00 per report. Charges for Web
ND: SLGovt- SubscriptionAgt- PerSearch- Sept2009 ID* 4822-7803-7380 Page 10
Vol. I / p 1 �/
Documents will range from $10.00 to $20.00 per document. Consult the Price List available in the Online Services for
detailed report charges.
Offline Civil and Criminal Court Records ( "OCCCR ") fees depend on the jurisdiction. OCCCR fees may consist of some or
all of the following charges:
Search Type fee $16.00 - 175.00 per search
Court Access fee 31.00 to $40.00 per search
Excess Case fee (1 to 5 cases) $0.00
Excess Case fee (6 or more cases) $1.00 per case
Previous 10 -Year Date Range fee $6.00 per search
1.16 EDGAR ONLINE. $15 for Excel Reports and $22 for Non -Excel Reports.
1.17 INVESTExT DOCUMENTS. Two Most Recent Reports will be $9.00 per page, and Archive Reports will be $45.00 per
report.
1.18 MARKMoNITOR®. The following sources from the gateway searches will be $35.00 per search: DomainSmart,
eBannermonitor, eBoardmonitor, eDomainmonitor, eLinkmonitor, eNetmonitor, eSitemontior, TMIQ, Inbox and
ReverseWhois.
1.19 ELSEVIER SCIENCE JOURNALS. $50 - $100 per search.
1.19 COURTLINK.
1.19.1 COURTLINK VIA LEXIS.COM. Charges for CourtLink products retrieved via lexis.com.
. ObRTLIf4l e3iie 2erEIRIe x a'N W ?° E arp -S o ev.e";?;r3c ARbESii
CourtUnk Docket Search Range $9.50 -
357.00
CourtLink Docket Retrieval $5.00 & $9.00
CourtLink Docket Update $4.00
•
CourtLink OSD Image (pdf) 35.00
1.19.2 COURTLINK VIA COURTLINK PLATFORM. Charges for CourtLink products retrieved via the CourtLink platform.
rti:Okt " 4 , :.:01.,i 1 3eE . iE. F6aS a o ilt:. °O UW E okS faeu" i gi .S E ....$....... t ...,.? .. iu tlr tl tl-35 .Mt RGES
Alert Range $0.30 - $59.00 per case found
Track Range 33.30 per update to $19.75 per update
Search & Retrieve Range from $5.00 - 3200.00 per search
CourtLink OSD Image pdf (Document Ordering) 35.00 - $50.00
Consult the CourtLink Fee Schedule available at https : //w3.courtlink.lexisnexis.com /Help /Pricing /pricinq.htm for detailed
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Notwithstanding anything to the contrary set forth herein, nothing in the Agreement shall prohibit Subscriber from
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Docket Materials will be done at Subscriber's own risk. LN will not be responsible for any claim or cause of action that may
be brought against Subscriber by a third party in connection with Subscriber's redistribution of the Colorado Docket
Materials.
2. HANDLING CHARGE. $15 for documents printed at the LexisNexis computer center.
3. MONTHLY SUBSCRIPTION CHARGE. $75 per building with equipment used to access the Online Services (up to a
maximum of $150 per Agency).
4. INSTRUCTION. Training is provided at no charge and covers (a) the basic instruction of all individuals selected by
Subscriber to receive instruction in the use of the Online Services and (b) standard instructional and reference materials on
the use of the Online Services. Everyone who completes training shall receive one hour of free use to perfect their skills.
This free hour is non - transferable and must be used within 14 calendar days of the date on which basic instruction is
completed, at a single session or on an aggregated basis. Credit for free use shall automatically be reflected on Subscriber's
monthly invoice and shall be applied against Subscriber's total charges in a given month.
ND: SLGovtSubscriptionAgt- PerSearchSept2009 ID# 4822- 7603 -7380 Page 11 I
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5. EQUIPMENT AND SOFTWARE CHARGES.
5.1 Subscriber may use its own equipment, or equipment may be available from the provider of the Online Services
( "Access Equipment").
5.2 The Access Equipment shall be maintained by the provider of the Online Services at its then current standard charges.
Contact your account representative for current charges. Subscriber may terminate rental of any Access Equipment upon 10
days written notice. Access Equipment must be returned to the provider of the Online Services in the same condition in
which it was received, reasonable wear and tear excepted.
5.3 Subscriber shall not permit any of its agents or employees to attempt to move, modify, repair, or tamper with any Access
Equipment in any way, except that Subscriber may install Access Equipment designated by the provider of the Online
Services as installable by Subscriber. If Subscriber installs Access Equipment, Subscriber shall do so in accordance with the
applicable instructions. Subscriber assumes all responsibility for any personal injury or property damage, including damage
to Access Equipment, that occurs as a result of Subscriber's installation of the Access Equipment.
5.4 Subscriber shall pay then current standard charges for any software licensed by the provider of the Online Services.
Additional terms and conditions applicable to the software are packaged with the software and Subscriber agrees to promptly
return the software if Subscriber is not in agreement with these terms and conditions. By using the software, Subscriber
agrees to be bound by the terms and conditions packaged with that software.
6. TAXES. The charges detailed in this Price Schedule are exclusive of any state or local sales, use, or similar taxes. If any
such taxes are applicable, they shall be charged to Subscriber's account. If Subscriber is exempt from any such taxes, the
tax will not be charged to Subscriber upon receipt of a certificate of exemption.
7. PAYMENT TERMS. All charges incurred by Subscriber are payable within 30 days after receipt of an invoice. Subscriber
shall pay all charges in accordance with any applicable "Prompt Payment Act' or similar legislation.
8. CHANGES TO CHARGES AND DISCOUNTS. Charges and discounts may be changed only upon 30 days prior notice,
which notice shall be with your invoice or otherwise provided in writing.
9. COLLECTION COST. Subscriber shall be liable for all costs of collection inourred by the provider of the Online Services,
including without limitations, collection agency fees, reasonable attorney's fees, and court costs, if Subscriber fails to comply
with the payment obligations set forth herein.
10. MISCELLANEOUS.
10.1 In the event Subscriber issues a purchase order or other document relating to the Online Services, Subscriber agrees
that the document shall be for Subscriber's intemal purposes only and shall in no way modify or affect any of the terms or
conditions for access to the Online Services.
10.2 All access to and use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated
means is strictly prohibited. Use of the Online Services is permitted only via manually conducted, discrete, individual search
and retrieval activities.
END OF EXHIBIT B
ND: SLGovtSubscriptionAgt- PerSearchSept2009 !De 4822- 7603 -7380 Page 12
Vol. a9 Pg. //3
3 A F d4'�i]' i r tJ�vl ' b
exl SNe ex s“; SUBSCRIPTION PLAN AMENDMENT
•« ayt FOR STATE/LOCAL GOVERNMENT
"Subscriber ": BRAZOS COUNTY ATTORNEY' S OFFICE "LN ": LexisNexis, a division of Reed Elsevier Inc,
- INVESTIGATION
This Subscription Plan Amendment ( "Amendment") amends and supplements the terms of the Subscription Agreement either
previously entered into or executed simultaneously herewith between LN and Subscriber (the "Agreement"). This Amendment
shall also serve as Subscriber's acceptance of the new General Terms & Conditions for Use of the Online Services effective
September 1, 2009 set forth at www.lexisnexis.com /terms /general.
1. TERM
The tern of this Amendment will begin (a) on the date Subscriber's billing account (a "Billgroup ') is activated ("Activation') if
Subscriber is a new LN customer, or (b) subject to Section 7, on the first day of the calendar month immediately following the
execution of this Amendment and delivery of it to LN if Subscriber is an existing LN customer, and will continue until the last
day of the final Commitment Period referenced in Section 5.1 (the `Term ").
2. AUTHORIZED USERS
This Amendment relates only to the Subscriber's Billgroups and locations (the Participating Billgroups ") set forth below and
the Authorized Users under the Participating Billgroups. "Authorized User" shall have the meaning set forth in the Agreement.
`sue tlitgiIIGI @ATING ShiatiOl1R t ro= s ^tgli �i :.. `lii =aR EEErygPai iLSE_. ingi _ LOCATIDN`(aWtiD $TATE)f? MIP ? fi � ..- E e:
.e, ee. sue" a s..,�._. P:...
TBD Brazos, TX
3. CERTIFICATION
Subscriber certifies that on the date this Amendment is signed by Subscriber there are _judges and attorneys, and _
government professionals for a total of _ users (the "Reference Number") in Subscriber's organization. Throughout the
Term, Subscriber will immediately notify LN in writing of any change in the Reference Number if the total number of judges
and attorneys falls below 11. Upon the request of LN, Subscriber will recertify to the Reference Number.
4. MONTHLY SUBSCRIPTION CHARGE
During the Term, the Monthly Subscription Charge in Section 3 of the then - current applicable price schedule (the "Price
Schedule ") will be waived.
5. PREFERRED PRICING MATERIALS AND CHARGES
5.1 In consideration of Subscribers payment to LN of the monthly commitment amounts specified below (the "Monthly
Commitment), the Participating Billgroups will be provided access to and use of- certain Materials, products, services and
features, identified below by source/menu number (the "Preferred Pricing Materials'), available in the lex/s.com service or
the LN Online Services accessed via proprietary software (the "Classic Online Services "). If Subscriber is an existing LN
customer and this is a revision to Subscriber's Preferred Pricing Materials and Monthly Commitment, fees will be prorated for
the month in which the change becomes effective if the change occurs other than on the first day of the month. At no
additional charge, the Participating Billgroups may do offline printing, online printing and saving to disk of Preferred Pricing
Materials. If your subscription includes Research Advantage, then your access to and use of Research Advantage shall be
subject to and govemed by the additional terms and conditions set forth in the software media at the time of its installation.
ND: SLGoNSubsedptionPlanAmd- Sept2009 IN 4841-4243-7380 02009. LexisNexis, a division of Reed Elsevier Inc.
I
All rights reserved.
VOL 1 a
iF rr pREklierl PRI0IIJGM ANWS i igig U 0 t n0E - ARD.R ae o '°..•° °..e..,. ' ---.
e %.. R- ..,........GDMMr1MENTiPERIOD(B) ... .._a:..a..:MDN7RUY COMMI7MENr >:.
(a) Core Public Records + SmartLinx JLSPRI Beginning 12/1/09 to 11/30/10 $ 233
(b) RKOOSL Beginning 12/1/10 to 11/30/11 $ 237
(c) SPR001 Beginning 12/1/11 to 11/30/12 $ 242
(d) Beginning 12/1/12 to 11/30/13 $ 247
(e) Beginning to $
(1) Beginning to $
(g) Beginning to $
(h)
(I)
0)
(k)
(I)
(m)
•
(n)
(
❑ See attached Rider No. 1 for additional Preferred Pricing Materials
5.2 During the Term, the Monthly Commitment will be billed in lieu of the Information Charges specified in Section 1 of the
Price Schedule for all access to and use of the Preferred Pricing Materials, except as otherwise provided in Section 5.3 and
Section 6 (if elected) below.
5.3 The following Materials accessible from, but not included as part of the Preferred Pricing Materials, will be subject to
monthly billing at the then - current standard undiscounted rates in accordance with the Price Schedule: (a) selected Images
(those that include a charge in the Price Schedule); (b) Dun & Bradstreet Reports; and (c) Risk Solutions.
6. ADDITIONAL CHARGES
The Participating Billgroups may have access to and use of the LN services and features not accessed through the Preferred
Pricing Materials ( "Alternate Pricing Materials'). If Subscriber so elects by initialing below, or by notifying LN at a later date,
Subscriber will have access through the Altemate Pricing Materials at then - current undiscounted rates in accordance with the
Price Schedule in addition to the Monthly Commitment.
Subscriber elects access to the Altemate Pricing Materials
7. CLOSED OFFER
The offer of LN contained herein is valid until December 4, 2009. In order to implement this Amendment by the first day of a
calendar month, LN must receive this signed Amendment by the 20th day of the preceding month.
8. CONFIDENTIAL INFORMATION
Subject to any state open records or freedom of information statutes, this Amendment contains confidential pricing
information of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive
harm to LN, and will receive and maintain this Amendment in trust and confidence and take reasonable precautions against
such disclosure to any third person. This Section 8 will survive the termination or expiration of this Amendment.
9. MISCELLANEOUS
9.1 During the Term, use by and charges to the Participating Billgroups will not be eligible for other discounts or aggregation
with the use of or charges for other billgroups.
9.2 During the Term, Subscriber may not terminate the Agreement. This Amendment may be terminated by Subscriber
after the fourth Commitment Period on the last day of any calendar month upon at least 30 days prior written notice to LN.
This Amendment may also be terminated by Subscriber on 10 days prior written notice to LN in the event of any increase
in the Monthly Commitment, excluding any increases listed in Section 5.1. To be effective, notice of termination pursuant
to the preceding sentence must be given within 90 days of the increase.
ND: SLGov 1- SubsciiptianPlanAmd- Sept2009 ID# 4841 -4243 -7380 02009, LexisNexis, a division of Reed Elsevier Inc. I
�j All rights reserved.
Vol. ) 62 7 Pg• 1 __
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9.3 UPON TERMINATION OR EXPIRATION OF THIS AMENDMENT, CONTINUED USE OF THE ONLINE SERVICES
BY SUBSCRIBER IS GOVERNED BY THE AGREEMENT AND WILL BE BILLED IN ACCORDANCE WITH THE PRICE
SCHEDULE.
9.4 All capitalized terns not defined herein will have the meanings ascribed to them in the Agreement, including the Price
Schedule.
•
9.5 Except as expressly modified by this Amendment, all other terns and conditions of the Agreement will remain in full force
and effect and unaffected by this Amendment. In the event of a conflict or inconsistencies between the Agreement and this
Amendment, this Amendment will control.
AGREED TO AND ACCEPTED BY:
BRAZOS CO de TY ATTy' • S s' FIC I STIGATION LexisNexis, a division of Reed Elsevier Inc.
•
BY: Sarre BY: •
NAME: t<op' y � ��� NAME:
TITLE: (20U }-u i nt TITLE:
DATE: lab )1MS DATE: •
THIS AMENDMENT DOES NOT BIND EITHER PARTY UNTIL IT HAS BEEN ACCEPTED BY BOTH PARTIES. SUBSCRIBER MAY ACCEPT THIS AMENDMENT BY
SIGNING ABOVE. LN MAY ACCEPT THIS AMENDMENT BY PERFORMING ACCORDING TO THIS AMENDMENT OR BY SIGNING ABOVE.
•
•
•
ND: S LGovl- SubsaiptionPlanAmd- Sept2009 De 48414243 -73B0 0 2009, LexisNexis, a division of Reed Elsevier Inc.
AB rights reserved. •
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