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HomeMy WebLinkAbout2010-12-14-4:00PM-REGULAR9. Vol. BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA a _ Pg• t ao E BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 14, 2010 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 F �J EC I 0 ID 2: [c 1. Invocation and Pledge of Allegiance - Commissioner Peters. 2. Call for Citizen input and /or concerns. 3. Presentation(s) Presentation regarding Delinquent Property Tax Collection Activity for the period of 1 September 2010 through 30 November 2010. Consider and take action on agenda items 4 - 29: 4 Resolution 10 -021 honoring Constable D. Wayne Thompson for his years of service as he prepares to retire from Brazos County, effective 12/31/2010. 5 Resolution 10 -022 honoring Constable Archie Clark for his years of service as he prepares to retire from Brazos County, effective 12/31/2010. 6. Resolution 10 -023 in support of Brazos County residents in requesting that an independent economic analysis of the impact of annexation be accomplished prior to the annexation of the Wellborn Community by the City of College Station. 7 Order 10 -018 prohibiting the sale or use of fireworks classified under 49 C.F.R. part. 173.100(r)(2) (10 -1- 86 edition), as "skyrockets with sticks" and "missiles with fins" in any portion of the unincorporated areas of Brazos County. 8. Change Order on PO # 11000227 with Patterson Architects in the amount of $848.70 for the installation of a different type of glass on the north wall of the County Courthouse. Maintenance Agreement with Ikon for copier maintenance of all County owned copiers. Contract period is 10/01/2010 through 9/30/2011, with an annual cost of $2.775.12 and overage cost $0.0185 /image. 10 Contract with Ikon Office Solutions for the Brazos County Collections Office to lease a new copier through Buy Board Contract # 299 -08. 11 Request from Information Technology to restructure the Lexis Nexis Online Legal Library subscription and terminate the Interlocal Agreements with the Bryan Public Library and College Station Public Library. 12 Addendum to the Microsoft Enterprise Agreement, changing the agreement anniversary date from January 1 to November 1 of each calendar year. 13 Official Bonds for elected officials elected in the November 2nd General Election. 14 Request from the Precinct 4 Constable's Office for permission to pay invoice 137536 in the amount of $26.00 from Dixie Tire, Inc. with FY10 funds; invoice was not received by Constable's Office until 12/01/2010. 15 16 17. 18 19 20 21 22. Permission for payment of application #5069 from Rob Pelletier Construction, Inc. in the amount of $4,076.00 for folding walls included in the Exposition Center expansion per Bid 2010 -30. Capital Requisition 00032119 in the amount of $22,962.00 to Dallas Dodge, Inc. for the purchase of a new 2011 Dodge Charger PPV for the Precinct 4 Constable. Capital Requisition 00032117 in the amount of $15 945.00 to Dataradio Corp. for the purchase of data radios for five (5) new patrol vehicles for the Sheriff's Office. Capital Requisition 00032118 in the amount of $3,525.28 to Insight Public Sector, Inc. for the purchase of an arbitrator kit for a new Sheriff's Office patrol vehicle. Capital Requisition 00032105 in the amount of $514.40 to Dallas Dodge, Inc. for the purchase of hubcaps for a new County vehicle for the Jail . Capital Requisition 00032108 in the amount of $280.00 to Lithia Dodge for the purchase of window tint for new County vehicles for the County Attorney's Office. Capital Requisition 00032106 in the amount of $90.00 to Lithia Dodge for the installation of hubcaps on new County vehicles for the Sheriff's Office and Jail. Replat of Tract No. 4, Portertield/Watson Subdivision, Phase I, Volume I Page 363 , Wooten Survey, A- 59, Brazos County, Texas, October 2010 for the purpose of splitting tract 4 into Lots 4 and 411. Site is located in Precinct 4. 23 Final Plat of Duck Haven Subdivision, Phase III, Lot 5 -1I Block 4 being an amending plat of Lot 5 Block 4 Duck Haven Subdivision Phase 111 as recorded in volume 8240, page 61, 1.344 acres, B. McGregor survey, A -170, Brazos County, Texas, November 2010. Site is located in Precinct 1. 24 Payment Authorization in the amount of $1,545.00 to Legacy EMS - BC for emergency mental health transport to Austin State Hospital and Riverside Hospital; a purchase order was not obtained in advance. 25. Tax Refund Applications for the following: • Vantage Point Title Inc Texas Escrow - overpayment- $196.50 • Diane Edna Wittneben- overpayment - overpayment - $29.23 • Kellie M Grigar- overpayment - $257.58 • Kellie M Grigar- overpayment - $18.81 • Lois J Bartos- overpayment - $333.85 • Doris M Bowers & Mac E Bowers - overpayment -$9.00 26. Commissioners Court minutes for the following dates: a. November 2, 2010 Regular Meeting b. November 3, 2010 Workshop Session c. November 8. 2010 Workshop Session a 9:30 a.m. d. November 8 2010 Workshop Session @ 10:30 a.m. Vol. Pg. I e. November 9, 2010 Public Hearing f. November 9, 2010 Regular Meeting q. November 15, 2010 Special Meeting h. November 16, 2010 Regular Meeting i. November 16, 2010 Emergency Meeting j. November 23, 2010 Regular Meeting k. November 30, 2010 Regular Meeting 27. Budget Amendments. Budget Amendments FY11: 10.1 thru 10.6. 28. Personnel Change of Status. Personnel Action Forms 29. Payment of Claims. 30. Announcement of interest items and possible future agenda topics. 31. Call for Citizen input and /or concerns. 32. Agency/ Board/ Committee reports by Court members. 33. Adjourn. I a 2- Vol. 1 4 2. pg PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only it 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 Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. a pg. Ia3 BRAZOS COUNTY BRYAN,TEXAS MINUTES December 14, 2010 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 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 4:00 p.m. on Tuesday, December 14, 2010 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, Absent; Kenny Mallard, Commissioner of Precinct 3; IrmaCauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - Commissioner Peters. The County Judge gave the invocation and then led the pledge of allegiance because Commissioner Peters was absent. 2. Call for Citizen input and /or concerns. There was no citizen input/and or concerns. 3. Presentation(s) Presentation reaardina Delinquent Property Tax Collection Activity for the period of 1 September 2010 throuah 30 November 2010. The Court heard a presentation of the quarterly delinquent tax report presented by Vol. 1 4 a Pg. 1014 Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law. Consider and take action on agenda items 4 - 29: 4 Resolution 10 -021 honoring Constable D. Wayne Thompson for his years of service as he prepares to retire from Brazos County, effective 12/31/2010. Constable Thompson was ill and could not attend the meeting. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 5 Resolution 10 -022 honoring Constable Archie Clark for his years of service as he prepares to retire from Brazos County. effective 12/31/2010. The County Judge read aloud the Resolution and then thanked Constable Clark for his service. Constable Clark said he'd really enjoyed working for Brazos County. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 6 Resolution 10 -023 in support of Brazos County residents In requesting that an Independent economic analysis of the impact of annexation be accomplished prior to the annexation of the Wellborn Community by the City of College Station. The County Judge stated that this has nothing to do with the recall of election. The following individuals spoke: Dennis Martin - spoke in support of the resolution. He was very concerned over who would provide fire service should the area be annexed. Greg Taylor - spoke in support of the resolution. He is not opposed to annexation so long as it is done with sufficient research and planning. College Station Mayor Nancy Berry - stated she does not have all the answers yet since they are at the very beginning of the process. Asked the Court to table consideration until after the impact study is completed. Commissioner Cauley - quoted from the statute about representatives from the Court being a part of this process and asked counsel to check into the County's role in the process. Commissioner Wassermann - stated the intent of the resolution is the issue of fire protection. He is also concerned about who other than employees of the Plannning and Zoning Department would be part of impact study committee if the Fire Commissioners were part of the committee and what the time table is since this has been put on the fast track. Commissioner Mallard - said it makes sense to table consideration to allow time to gather information. County Judge - asked Mayor Berry what was considered fast track at which she responded they are doing this within the limits of state law. \Tnt. l 4ka P K25 Motion: Approve , Moved by County Judge Randy Sims, Seconded by Commissioner Lloyd Wasserman. Failed. 2 -2. Members voting Aye: Cauley , Wasserman . Members voting Nay: Mallard , Sims . Members Absent: Peters . 7 Order 10 -018 prohibiting the sale or use of fireworks classified under 49 C.F.R. part. 173.100(r)(2) (10 -1- 86 edition), as "skyrockets with sticks" and "missiles with fins" In any portion of the unincorporated areas of Brazos County. To become effective immediately. A copy is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 8 Change Order on PO # 11000227 with Patterson Architects in the amount of $848.70 for the installation of a different type of glass on the north wall of the County Courthouse. A copy of the Change Order is attached. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by County Judge Randy Sims. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 9 Maintenance Agreement with Ikon for copier maintenance of all County owned copiers. Contract period Is 10/01/2010 through 9/30/2011. with an annual cost of $2,775.12 and overage cost $0 0185 /image. A copy of the Agreement is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Randy Sims. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 10 Contract with Ikon Office Solutions for the Brazos County Collections Office to lease a new copier through Buy Board Contract # 299 -08. This is a 60 month contract with a minimum monthly payment of $170.00. A copy of the Contract is attached. 11 Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . Request from Information Technology to restructure the Lexis Nevis Online Legal Library subscription and terminate the Interlocal Agreements with the Bryan Public Llbrary and College Station Public Library. This reduces the number of terminals from 6 to 2 with the new monthly comitment being as follows: Year 1 - $643 a month Year 2 - $656 a month Year 3 - $699 a month A copy is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 12 Addendum to the Microsoft Enterprise Agreement, changing the agreement anniversary date from Vol. Jita Pg. 1 a4 January 1 to November 1 of each calendar year. A copy of the Addendum to the Agreement is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 13 Official Bonds for elected officials elected in the November 2nd General Election. The following bonds were approved: Brian Bachmann - Constable, Precinct 1 Sammy Catalena - Commissioner, Precinct 2 Irma Cauley - Commissioner, Precinct 4 Rose Jones - Justice of the Peace, Precinct 4 Duane Peters - County Judge Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Kenny Mallard. Passed. 3 -0. Members voting Aye: Mallard , Sims , Wasserman . Members voting Abstain: Cauley . Members Absent: Peters . 14 Request from the Precinct 4 Constable's Office for permission to pay Invoice 137536 in the amount of $26.00 from Dixie Tire. Inc. with FY10 funds; Invoice was not received by Constable's Office until 12/01/2010. Katie Conner, County Auditor informed the Court that FY 2010 has been closed out and the funds should come out of FY 2011. Commissioner Cauley asked that the funds come out of Contingency. She then withdrew her motion and asked that it be tabled. Commissioner Mallard withdrew his second. No action was taken and it will be considered again next week as a new item. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Other. 0 -0. Members Absent: Peters . 15 Permission for payment of application #5069 from Rob Pelletier Construction, Inc. in the amount of $4,076.00 for folding walls Included In the Exposition Center expansion per Bid 2010 -30. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 16 Ca • ital Requisition 00032119 in the amount of $22,962.00 to Dallas Dodae. Inc. for the purchase of a new 2011 Dodge Charger PPV for the Precinct 4 Constable. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 17 Capital Requisition 00032117 in the amount of $15.945.00 to Dataradlo Corp. for the purchase of data radios for five (5) new patrol vehicles for the Sheriff's Office. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 18 Capital Requisition 00032118 In the amount of $3,525.28 to Insight Public Sector. Inc. for the purchase of an arbitrator kit for a new Sheriff's Office patrol vehicle, Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Vol. i'� pg 7 Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 19 Capital Requlsltion 00032105 in the amount of $514.40 to Dallas Dodge. Inc. for the purchase of hubcaps for a new County vehicle for the Jail . Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 20 Capital Requisition 00032108 in the amount of $280.00 to Lithia Dodge for the purchase of window tint for new County vehicles for the County Attorney's Office. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by County Judge Randy Sims. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 21 Capital Requisition 00032106 in the amount of $90.00 to Llthia Dodge for the Installation of hubcaps on new County vehicles for the Sheriff's Office and Jail. Commissioner Wassermann noted that these were locking hubcaps and buying one set and getting 5 hubcaps free. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 3 -1. Members voting Aye: Cauley , Mallard , Wasserman . Members voting Nay: Sims . Members Absent: Peters . 22 Replat of Tract No. 4, Porterfleld/Watson Subdivision, Phase I, Volume I. Page 363 . Wooten Survey, A- 59, Brazos County. Texas. October 2010 for the purpose of splitting tract 4 into Lots 4 and 4R. Site is located in Precinct 4. Approved as submitted. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wasserman. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 23 Final Plat of Duck Haven Subdivision. Phase 111. Lot 5 -R. Block 4 being an amending plat of Lot 5. Block 4 Duck Haven Subdivision, Phase III as recorded in volume 8240. page 61, 1.344 acres, B. McGregor survey. A -170, Brazos County, Texas, November 2010. Site Is located In Precinct 1. Approved as submitted. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by County Judge Randy Sims. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 24 Payment Authorization In the amount of $1.545.00 to Legacy EMS - BC for emergency mental health transport to Austin State Hospital and Riverside Hospital; a purchase order was not obtained In advance. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 25. Tax Refund Applications for the following: Vantage Point Title Inc Texas Escrow - overpayment- $196.50Diane Edna Wlttneben-overpayment- overpavment- $29.23Kellle M Grigar- overpayment- $257.58Kellie M Griaar- overpayment- $18.81 Lois J Banos- overpayment- $333.85Doris M Bowers & Mac E Bowers - overpayment -$9.00 Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by County Vol. Ng. la Pg. Judge Randy Sims. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 26. Commissioners Court minutes for the following dates: a. November 2. 2010 Regular Meetingb. November 3.2010 Workshop Sessionc. November 8, 2010 Workshop Session @ 9:30 a.m.d. November 8, 2010 Workshop Session e 10:30 a.m.e. November 9, 2010 Public Hearingf. November 9. 2010 Regular Meetingq. November 15, 2010 Special Meetinqh. November 16. 2010 Regular Meeting'. November 16. 2010 Emergency Meeting'. November 23.2010 Regular Meetingk. November 30. 2010 Regular Meeting Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 27. Budget Amendments. Budget Amendments FY11: 10.1 thru 10.6. 10.1 Reallocate funds for Group Insurance - Administration 10.2 Transfer funds from the County Attorney to Contingency - General Fund 10.3 Reallocate funds for Building Maintenance 10.4 Transfer funds from Contingency - General Fund to Records Management 10.5 Reallocate funds for Courthouse Renovations: North Wall 10.6 Transfer funds from Contingency - General Fund to Capital Improvements. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by County Judge Randy Sims. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 28. Personnel Change of Status. Personnel Action Forms Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 29. Payment of Claims. 7081609 through 7081803 Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Sims , Wasserman . Members Absent: Peters . 30. Announcement of interest items and possible future agenda topics. There were no announcements. 31. Call for Citizen input and /or concerns. Sheriff Chris Kirk There were 546 inmates in jail, 47 have electronic monitors and 43 are pending for monitors. 32. Agency/ Board/ Committee reports by Court members. Vol. I u a P � ?c There were none. 33. Adjourn. Vol 1 p g . , 131 The foregoing minutes of the Commissioners Court meeting held December 14, 2010 have been examined and are approved in open Court this the day of V aN(,(ayy� ,2011, in Bryan, Brazos County, Texas. Duane Peters County Judge Attest: ammytalena Commi st 9oner, Precinct 2 I err Commissioner, P �.ct 4 a McQueen County Clerk Vol 1 y a Page 13 Lloy& Wassermann Commissioner, Precinct 1 Kenny Mallar2\ Commissioner, Precinc 3 7 &#t ' 51\3.12/v.-c- 12-, /K - / /f BRAZOS COUNTY COMMISSIONER'S COURT /q DAY OF rDeccthr , 20 /o (, ' AIVIIM Rt o r Vol. ) Organization (PLEASE PRINT) Vila 4- bay, Bounty is The e� �6 C4 A dv. 71v ,Th Pg. ) 3a Pg�of (0tk �A 100 1y N ews 3 4✓S /211r /Ft 4tF //4-- l ' oh.A _ C: -A- Ce llve, f� % LA DAY OF , 20 /6 l ‘ ca L 4 ._ AI /PM, ( .mss i r51__ Name (PLEASE PRINT) ,- J ,te y �0.1�.. l'o Itct \ dANAAk .tie. flaw (Ai >wEL _ Int j BRAZOS COUNTY COMMISSIONER'S COURT vol. 14a Organization (PLEASE PRINT) C. cYF Coll . SP evt/ .L U P i53 Pg a of Name (PLE RINT) CJ, ul 13a, -9 6.\\ %.... N \01/4, 1-;\ (,t (,Ui'lliass BRAZOS COUNTY COMMISSIONER'S COURT DAY OF �. ,20/d (.cz 2W/PM, Vol. Organization (PLEASE PRINT) Spam. si var Pg 3 of a Pux vkj irry y J e c Lz,t w s v, rl v v'L re ire ed S•0. 3 Pg. _ — WHEREAS Wayne Thompson began serving the citizens of Brazos County as a Jail Officer in July 1988; WHEREAS Wayne Thompson was appointed Deputy Constable for Precinct 7 in 1993; and WHEREAS Wayne Thompson was appointed Constable for Precinct 3 on January 2, 2002; and WHEREAS Wayne Thompson was elected Constable, Precinct 3 on January 1, 2003 and was subsequently reelected to that position in 2007; and WHEREAS Wayne Thompson has diligently served the citizens of this community and the State of Texas; and WHEREAS Wayne Thompson has chosen to retire from his position effective December 31, 2010: NOV, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County, Texas takes this opportunity to honor Constable Wayne Thompson and to express its appreciation for his twenty -two plus years of service to the citizens of Brazos County, and to wish him the best of health and happiness in his retirement years. ADOPTED this 14 day of December, 2010 r; ' Bryan Vol. BRAZOS COUNTY BRYAN. TEXAS RESOLUTION Randy Sims, C•, ty Judge Lloyd assermann, Commissioner, Precinct 1 Duane Peters, Commissioner, Precinct 2 Kenny Mallard Irma auley )ya Pg. 136 4 Resolution 10 -021 BRAZOS COUNTY BRYAN. TEXAS RESOLUTION WHEREAS Archie Clark began his service to the citizens of Brazos County as Deputy Sheriff in 1977 where he served seven plus years; and WHEREAS Archie Clark was appointed Deputy Constable for Precinct 2 in 1983; and WHEREAS Archie Clark became the Chief Deputy for Constable, Precinct 1 in 2002; and WHEREAS In June 2004 Archie Clark was appointed Constable, Precinct 1; and • WHEREAS Archie Clark was elected to the unexpired term for Constable Precinct 1 in 2005 and was subsequently elected to that position in 2007; and WHEREAS Archie Clark has proven to be a dedicated servant to this community and the state, always performing the highest caliber of work, giving wholeheartedly of himself; and WHEREAS Archie Clark has earned the respect and appreciation of all who have worked with him; NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County, Texas takes this opportunity to honor Constable Archie Clark and to express its appreciation for his thirty-four plus years of exemplary service to the citizens of Brazos County. ADOPTED this 14 day of December, 2010 Bryan razos Count Texas. Vol. Randy Sims, ' ounty Judge W /atekt- J�tQor Lloyd assermann, Commissioner, Precinct 1 Duane Peters, Commissioner, Precinct 2 A Kenny Mallar , �.' wmissio `r, Precinct 3 N/ a Ir Cauley, .mntlJloa: _ ecinct 4 1 p 13b Resolution 10 -022 5 STATE OF TEXAS § COUNTY OF BRAZOS § PROHIBITING CERTAIN FIREWORKS IN UNINCORPORATED AREAS OF BRAZOS COUNTY, TEXAS WHEREAS, the Texas Forest Service has determined that drought conditions exist in Brazos County; and WHEREAS, on the 14` day of December, 2010, the Commissioners Court of Brazos County has determined that the normal danger of fire in the unincorporated areas of Brazos County is greatly enhanced by the extremely dry conditions now existing; NOW, THEREFORE, the Commissioners Court of Brazos County adopts this Order prohibiting the sale or use of restricted fireworks in the unincorporated areas of Brazos County. A. No person may sell, detonate, ignite, or in any way use fireworks classified under 49 C.F.R. part. 173.100(r)(2) (10 -1 -86 edition), as "skyrockets with sticks" and "missiles with fins" in any portion of the unincorporated area of Brazos County. B. This Order does not prohibit: I. common fireworks, small in size, classified as Class C explosives; 2. large fireworks devices designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and classified as Class B explosives by the U.S. Department of Trans. [TEX. OCC. Code, Chapter 2154]. C. A person commits an offense if the person knowingly or intentionally violates a prohibition established by this Order. An offense under this Order is a Class C Misdemeanor. MOTION TO APPROVE was made by 2 and seconded by P rnn.. 14?(hr APPROVED this the 14 day of December, 2010 by a vote of 4 .� Ot G�ca.�sna- Commissioner Lloyd Wassermann Precinct 1 ATTEST: 1' Commission - -nny Mallon Precinct 3 Karen McQueen Brazos County Clerk vol. BRAZOS COUNTY BRYAN. TEXAS ORDER NO. 10 -018 Randy Sims County Judge 14 a p 137 Ayes and Obsent 0 Nays. Commissioner Duane Peters Order 10-018 Legal Name 'Brazos, County of Purchase Price Excludes Tax j Contact 'Brazos County Auditor Bill To Address Install Address 12 00 South Texas Ave,ste 218 i Same ... City 'Bryan i State Tx i Zip 77803 i City State Lip EQUIPMEN C II.G Total Product Purchase Price Excludes Tax Document Efficiency At Work: ARICOH COMPANY SALES ORDER / SERVICE ORDER Master Sale Agreement Date Master Maintenance Agreement Date Master Maintenance and Sale Agreement Date ��'apk RMATI This is an Order made pursuant and sub ect to the terms and conditions of the above referenced Master Agreement(s) between Customer and IKON Office Solutions, Inc. The signature below indicates that the Customer accepts all tetras and conditions of the applicable Master Agreement(s) for this sale, including bu not limited to the terms and conditions set forth in the Master Agreement(s) and any Exhibit A thereto, all of which are incorporated herein by reference and made part of this Order. This Order is not valid unless and until signed by an Authorized Manager of IKON Office Solutions, Inc. �t it D SSC'rRIPSTION� ,'k' ¢ ODE@ v. .M-xw' N x.le �Aeftiaeai oM+c, 2 W.._.. —le Make / Model / Serial Number Service Level Connected 'Canon NP6545 /NJFI 7369 )Tax Office [gem) , IR2200 /MPG3960G /85th D,isl.,iudge 'Canon IR2200 /MPG39621 /BCC Pct.l (Cann 1R2200 /C14006815 /County 0. I 'Canon GP200s M11 /Information Technolo¢v [CanonNP6230 MGM09064 Neteran's Services 'Canon NP6545 /141F23402 /Exoo Center ' Gold IGold 'Go 'Gold . 1Gold.,..,. Gold [G [Gold INo No. No I N() IKON Sales Forms - 02.10 Signature Printed Name ' Title Date ra a -rarer °k f ?E iSt, r Additional Produce Description page(s) attached E l Professional Services fees included r Fixed Service Charge Sales Tax Exempt ^ 1 ('Must attach valid Exemption Certificate) �Serv li -�O ty C�+G tcetl.evels'� �;, Gold: Includes all supplies and staples. Excludes paper. Silver Includes all supplies. Excludes paper and staples. Bronze: Pans and labor only. Excludes paper, staples and supplies. PlosPek: Toner. parts and labor (See Exhibit A, Sec. 12). Excludes paper, staples and MA Kits. SERWICE CHARGES'; Fai Gol S lr e a Total Service Charges Per Base Billing Frequency Minimum Tenn Guaranteed Minimum Volume Pe Base Billing Frequency '$231.26 12 Mos B &W 12,833 Base Billing Frequency 'Monthly Color 'N /A Cost of Additional Images 13& W'.0185 Color IN /A 'Annually Additional Provisions ON ORPICEisciAoOIy.S C:t Authorized Signature 1111 NS Is7L7 1L:L^rf:'iLL-N M III 11 voi. 14d, Pg ) 38' Vol. I µa P 139 • ADDITIONAL PRODUCT DESCRIPTION Make / Model / Serial Number Address : Make / Model / Serial Number _< y r a 5 0 ,D 0 a c co 0 se / Model / Serial Number (Bryan 200 South Texas Ave, Ste 218 Brazos, County of Service Level Connected Gold No 1 pi Service Level Connected .---. State : Zip : State : Zip : State : Tx Zip : Base Base 77803 Bare 11 B &W Volume B &W Volume B &W B &W Volume , Overages Phone Number Fax Number Email Fax Number B &w Overages Sr B&W Overages Co lor J V o lum e Color Volume Color Volume Color . Overages Color QTY Overages Adel plus Pak I Color Overages QTY Add9 Plus Pak QTY dd'I Plus Pak Vol. I µa P 139 • ADDITIONAL PRODUCT DESCRIPTION IMAGE PLUS Manage en CUSTOMER INFORMATION Product Schedule Number: State and Local Government Master Agreement Number: This Image Management Plus Product Schedule ( "Schedule ") is made part of the State and Local Govern ent Master Agreement Master Agreement ") identified on this Schedule between IKON Office Solutions, Inc. ( "we" or "us ") and zo ' (.pt N h nt as Customer ( "Customer" or "you "). All terms and conditions of the Master Agreement are incorporated into this Schedule and made a part hereof. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Schedules to the Master Agreement. i razo Customer (Bill To) ,� ;boo a 2l 4 54-z 2.17 Product Location Address r31• IMAA, O n zo s 'fix City t County State Zip Billin Contact Telephone Number 4 36 I — 435-q PRODUCT DESCRIPTION ( "Product ") Billing Contact Facsimile Number Qty Product Description: Make & Model Y{iCdh IMP3ss1 5? PAYMENT SCHEDULE Minimum Term (months) lo Mo Guaranteed Minimum Images BIackAYhIte 5 ; oc0 Minimum Payment (Without Tax) $ t r 1 0. 00 Color Billing Contact Ny iso SOLO rt)(41Ate Sfe 21% Billing Address (if different from location address) RJNan T3heos Tx City County State Qty Product Description: Make & Model Minimum Payment Billing Frequency Monthly Quarterly 0 Other: Cost of Additional lma es° Color Vol. Pg. 0 Billing Contact E -Mail Address a Based upon Minimum Payment Billing Frequency ° Based upon standard 8 h" x I I" paper size. Paper sizes greater than 8 h" x t 1" may count as more than one image. Sales Tax Exempt: 2I YES (Attach Exemption Certificate) Customer Billing Reference Number (P.0 . ft, etc.) Addendum(s) attached: 0 YES (check if yes and indicate total number of pages: ) H+0 0 Document Efficiency At:Work; ors AOena enMPAMV 77x0.3 Zip Advance Payment El 1" Payment I' & Last Payment p Other: Meter Reading/Billing Frequency Q In Monthly y II1� T nn a. Ea Other: al roc IXl04d to TERMS ANT) CONDITIONS 1. The first Payment will be due on the Effective Date. 2. You, the undersigned Customer, have applied to us to use the above - described items ( "Product ") for lawful commercial (non - consumer) purposes. THIS IS AN UNCONDITIONAL, NON - CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product on all the terms hereof, including the Terms and Conditions • 1- 888 -ASK IKON www.ikon.com :: Ctrnnuartmnd. 51,0 PS-MP 0210 IKON q(e Sots ian 4' and IKON: P%v°wni Ellice Al Wat /A ltiNN Company amtrademal of IKON Office Selwm[.IM. Ricoh* is anymered oadonaM or Rim% Company, La Pare 1 of2 Master Agreement THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. 3. imam Charges/Meters: In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Images as specified in the Payment Schedule of this Agreement. The Meter Reading/Billing Frequency is the period of time (monthly, quarterly, etc.) for which the number of images used will be reconciled. If you use more than the Guaranteed Minimum Images during the selected Meter Reading/Billing Frequency period, you will pay additional charges at the applicable Cost of Additional Images as specified in the Payment Schedule of this Schedule for images, black and white and/or color, which exceed the Guaranteed Minimum Images ( "Additional Images "). The charge for Additional Images is calculated by multiplying the number of Additional Images times the applicable Cost of Additional Images. The Meter Reading/Billing Frequency may be different than the Minimum Payment Billing Frequency as specified in the Payment Schedule of this Schedule. You will provide us or our designee with the actual meter reading(s) by submitting meter reads electronically via an automated meter read program, or in any other reasonable manner requested by us or our designee from time to time. If such meter reading is not received within seven (7) days of either the end of the Meter Reading/Billing Frequency period or at our request, we may estimate the number of images used. Adjustments for estimated charges for Additional Images will be made upon receipt of actual meter reading(s). Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: 1115 PERSON SIGNING THIS AGREE M17 ✓/ P � r CUSTOMER fs yam `j By: X . _ s. r...4 ' r 1: er Signetu Printed Nam : rerst S(Vt l < Title: CUSTOMER REPRESENTS THAT HE /SHE HAS THE AUTHORITY TO DO SO. Date: • 011 Accepted by: IKON OFFICE SOLUTIONS, INC. By: Authorized Signer Signature Printed Name: Title: Date: 1- 888 -ASK IKON www.rkon.com 5LC PSIMP02.In IKON Office sNwiauPand IKON: Mann CM: wxAl \YwAi /A Ricoh company .re4rlvnl, of IKON Olin Solution. In. Riot, is reynnvd or dunxu or It nM(bm Pon t oil Vol. 1 u � Pg. t1I TERM PRICE PROTECTION The Image Management Minimum Payment and the Cost of Adatnnal Images, as described on the Image Management Plus Product Schedule, will not increase in price during the Minimum Term of the Image Management Plus Product Schedule, unless agreed to In writing and signed by both parties. EQUIPMENT SERVICE AND SUPPLIES IKON will provide hill coverage maintenance services, including replecemenl pans, drums, labor and ail service calls, during Normal Business Hours. 'Normal Business Nours' are between 8:OOam and 5:OOpm, Monday to Friday excluding public holidays. IKON will also provide the supplies required to produce images on the Equipment covered under the Image Management Plus Product Schedule (other Than non. metered equipment and soft- metered Equipment). The supplies will be provided according to manufaclurer Sj) 110 ens. pl'.ggal Included. items such as paper and transparencies are not uded. SK GI RESPONSE TIME COMMITMENT X " IKON will provide a quarterly average response time of 2 to 6 busines service ails located within a 30 -mite radius of any IKON office, and 410 6 business (ours for service calls located within a 31.60 mile radius for the term of the Image Management Plus Product Schedule. Response lime is measured in aggregate for at Equipment covered by the Image Management Plus Product Schedule. UPTIME PERFORMANCE COMMITMENT IKON will service the Equipment to be Operational with a quartery uptime average of 96% during Normal Business Flours, excluding preventative and interim maintenance lime. Downtime will begin at the time you plans a service call to IKON and will end when the Equipment is again Operational. You agree to make the Equipment available lo IKON for scheduled preventative and interim maintenance. You further agree to give IKON advance notice of any critical and specific upime needs you may have so that IKON an schedule with you interim and preventative maintenance in advance of such needs. As used in these Service Commitments 'Operational' means substantial compliance with the manufacturers specifications and%or performance standards and excludes customary end-user corrective actions. IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS At any time after the expiation of the Initial ninety day period of the original term of the Image Management Plus Product Schedule to which these Service Commitments relate, IKON wig, upon your request, review your image volume. II the image volume has moved upward or downward hi an amount sufficient for you to consider an alternative plan, IKON wig, on a quarterly basis, present pricing options to conform to a new image volume. If you agree that additional equipment is required to salisy your klaeased image volume requirements. IKON will Include the equipment in the pricing options. The addition of equipment and/or increases/decreases to the Guaranteed Minimum Images requires an amendment l'Amendmenr) to the Image Management Plus Product Schedule that must be agreed to and signed by both you and IKON. The Amendment may not be less than the remaining term of the existing Inge Management Plus Product Schedule but may be extended for a term up to 60 months. Adjustments to the Guaranteed Minimum Images commitment and/or the addition of equipment may result In a higher or lower minimum payment Images decreases are kmited to 25% of the Guaranteed Minimum Images in elfecl at the time of Amendment. EQUIPMENT AND PROFESSIONAL SERVICES UPGRADE OPTION At any time after the expiration al one -hall of the original term of the Image Management Plus Product Schedule to which these Service Commitments relate, you may reconfigure the Equipment by adding, exchanging, or upgrading b an item of Equipment with additional features or enhanced technology. A new Image Management Plus Product Schedule or Amendment for not less Than the remaining term of the existing Image Management Plus Product Schedule or Amendment, must be agreed to and signed by you and IKON. The Image Management Cost of Additional Images and the Minimum Payment of the new Image Management Plus Product Schedule or Amendment will be based on any obligations remaining on the Equipment the added equipment and new Image volume commitment Your IKON Account Executive writ be pleased to work with you 00 a Technology Refresh prior to the end of your Image Management Plus Product Schedule or Amendment. 15IPC 112.10 IKON 01003 taluumf t awl IKON: nwwnl Nrhiuu. M wu,kiIA n'wl Company aro trdavais NIKON 0Mo:: Solo' ions, Inc. Ricoh Vol L I a Document Efficiency At Work' IKON OFFICE SOLUTIONS, INC. IMAGE MANAGEMENT PLUS COMMITMENTS A MOH mnA,w The below service commitments (collectively, the 'Service Commitments') are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its pdndpal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ('IKON'), one of the largest distributors of office sotubons in the world. The words you" and your" refer to you, our customer. You agree that IKON alone is the party to provide all of the seduces set forth below and is fully responsible to you, the customer, for all of the Service Commitments. The Service Commitments are only applicable to the equipment ('Equipment) described In the Image Management Plus Product Schedule to which these Service Commitments are attached, excluding facsimile machines, single - function and wide-format punters and production units. The Service Commitments are effective on the date the Equipment Is accepted by you and apply during IKON's normal business hours, excluding weekends and IKON rec gnized hobdays. They remain in effect for the Minimum Term so long as no ongoing default exists on your pad. PERFORMANCE COMMITMENT IKON Is committed to performing these Service Commitmenls and agrees to pedom its services in a manner consistent with the applicable manufacturers specifications. If IKON fails to meet any Service Commitments and in the unlikely event That IKON is not able to repair the Equipment In your office, IKON, at IKON's election, will provide to you either the delivery of a temporary loaner, for use while the Equipment Is being repaired at IKON'& service center, or IKON wtl replace such Equipment with comparable Equipment of equal or greatercapabitty at no additional charge. These are the exclusive remedies available to you under the Image Management Plus Commitments Customers exctuswe remedy shall be for IKON to re- perform any Services not in compliance with this warranty and brought to IKON's attention In writing within a reasonable lime, but in no event more than thirty (30) days after such Services are performed. If you are dissatisfied with IKON's performance, you must send a registered letter outlining your concerns to the address specified below in the 'Ouatty Assurance' section. Please allow 30 days for resolution. ACCOUNT MANAGEMENT Your IKON sales professional vnm, upon your request, be pleased to review your equipment performance metrics on a quarterly basis and mutually convenient date and time. IKON will follow up within 8 business hours of a cat a e -mail to one of our account management team members requesting a metrics review. IKON will, upon your request, be pleased to annually review your business environment and discuss ways in which we may improve effcienebs and reduce costs relating to your document management prrreems. QUALITY ASSURANCE Please send all correspondence relating to the Seduce Commtnnts via registered letter to the Oualty Assurance Department located at 3920 Arkweighl Road, Macon, GA 31210, Attn: Quality Assurance. The Quality Assurance Department will coordinate resolul'nn of any performance Issues concerning the above Service Commitments with your local IKON office, II either of the Response Time or Uptime Performance Commitments Is not met, a one-time credit equal to 3% of your Minimum Payment invoke total on the non - performing unit will be made available upon your request. Credit requests must be made in writing via registered letter to the address above. 11(0N is committed to responding to any questions regarding invoked amounts for the use of the Equipment relating to the Product Schedule within In a two (2) day llmeharmx3. To ensure the most ninety response please call 1- 888- ASNdKON. MISCELLANEOUS These Service Commitments do not cover repairs resulting from misuse (including without limitation improper voltage or environment or the use of supplies that do not conform to the manufacturers spedfialbns), subjective matters (such as . color reproduction accuracy) or any other factor beyond the reasonable control of IKON. IKON and you each acknowledge that these Service Commitments represent the entire understanding of the parties with respect to the subject matter hereof and that your sole remedy for any Service Commitments not performed in accordance with the foregoing Is as set forth under the section hereof entitled 'Performance Commitment". The Service Cornritments made herein are service and/or maintenance warranties and are not product warranties. Except as expressly set forth herein, IKON makes no warranties, express or implied, Including any Implied warranties of merchantability, fdness for use, or fitness for a particular purpose. Neither party hereto shall be liable to the other for any consequential. Indirect punitive or special damages. These Service Commitments shall be governed according to the laws of the Commonwealth of Pennsylvania w'dhout regard to its conflicts of law prindples. These Service Commitments are not assignable by the Customer. Unless otherwise stated in your Implementation Schedule, your Equipment will ONLY be serviced by an 'IKON Certified Technician'. You acknowledge and agree that, in connection will its performance of its obligations under these Service Commitments, IKON may place automated meter reading units on imaging devices, Including but not linelad to the Equipment at your location In order lo facilitate the timely and efldenl collection of accurate meter read data on a monthly, quarledy or annual bast IKON agrees that such units will be used by IKON solely for such purpose. Once transmitted, all meter read data shag become the sole property of IKON and will be utilized for biting purposes. IN WITNESS WHEREOF, each party has caused its duly authorized officer to execute these Image Management Plus Commitments as of CUSTOMER 042O6 f IA 4/4” DL IKON OFFICE SOLUTIONS, INC. Vprk,ith .7 >.trk.n .d aiue'a - i a . .n,Adt^. ,µ. mi Name: .40,(1_ T Title lVkby vx • SO / 1 Date:' L-Q -A4 /�l7 By: Name: Title: Date: .tyu,[rW notv,wk of Rini, C mnpvv, I.0. Pisa 1 or 1 .���� t�� �. �����a���?�LEASEtAGREEIVIEN ,__T._ Equipment Term B/W Copies Included Monthly 48 Months 60,000 Annually $186.00 / Month 60 Months 60,000 Annually $170.00 / Mont Quote from IKON Office Solutions Ricoh Aficio MP3351sp) ❑ 33 Prints Per Minute Black and White ❑ Automatic Document Feeder ❑ Auto Two Sided Copies ❑ 2x 550 Sheet adjustable Drawers ❑ Fax Board ❑ Black Network Printing ❑ Color Network Scanning to Email and File ❑ Post script 3 unit for MAC printing ❑ DOSS Date Overwrite Security Software ❑ Power filter ❑ Cabinet Includes Service, Parts, Labor, Drums, Toner and Staples Overages billed @$.0086 Annually Based on TASB buyboard pricing Pg 1t3 Prashant Ramachandran From: Cleveland, Yvette V. (LNG -HBE) <yvette.cleveland @lexisnexis.com> Sent: Wednesday, December 01, 2010 7:07 PM To: Prashant Ramachandran Cc: Eric V. Caldwell Subject: Lexis Patron #127WVD Attachments: Brazos County 127wvd.pdf Good evening! Again, my apologies for all the delays. Over holidays especially things take twice as long! Below is an overview of the current Patron setup (6 terminals) as well as the proposed option for only 2 terminals and keeping the same content -- Here's how everything is set up currently: Terminals - 6 Content — Fed & State cases & codes (includes full Shepard's), Matthew Bender TX Civil /Crim Premium & TX Family Essentials Monthly commitment— $930 (beginning 12/1/10 — final year of 3 -year agreement) Proposed: Terminals -2 Content — Keep current /no changes in content New monthly commitment —Y1 $643/mo, Y2 $656/mo, Y3 $669/mo I think you'll be happy with what we were able to come up with. This is a pretty significant savings for you. I've gone ahead and attached the paperwork that will be needed to put the new agreement in place. I am happy to begin 12/1/10 even though we are into December already. Also, no need to worry about IP addresses, etc on page 4 just yet. If you have any questions or concerns at all, please let me know! Thank you, Yvette Yvette V. Cleveland, Esq. Account Manager - TX & NM State & Local Government yvette.clevelandelexisnexis.com 214 941 -7055 (direct) 800 238 -5853 x7393 (toll free) 866 - 960 -3861 (fax) Lexis.Nexis" crc' 6o >rf T 5 CO. C1T If}lri5 sow111t WtThP ..tW! -4 ifl1 '.AYN. z1 rt,::1rF�,'hNr. knner.W 1 Vol. 1 4 a p 14 4 PARTICIPATING BILLGROUP # LOCATION (ADDRESS, CITY AND STATE) # OF TERMINALS 127WVD Bryan, TX 2 CDPFSC Full MB TX Crim/Civil Premium LexisNexis 5LG SUBSCRIPTION PLAN AMENDMENT FOR PATRON ACCESS (Electronic Consent) "Subscriber": Brazos County "LN ": LexisNexis, a division of Reed Elsevier Inc. 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, 2010 set forth at www.lexisnexis,com /terms /general. 1. TERM The term 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 5, 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 4.1 (the "Term "). 2. AUTHORIZED USERS; LOCATION 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. In addition, the librarian will provide patrons access to the Preferred Pricing Materials (defined below). All access shall be limited to patrons using terminals (up to the specified number) at the location(s) listed below. Non - patrons of the library and inmates are prohibited from receiving access to and use of the Online Services under this Amendment. Remote access (e.g., via dial -up or other remote connection) is strictly prohibited. Subscriber is obligated to ensure that identification numbers are not disclosed to the patrons or other third parties. 3. 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. 4. PREFERRED PRICING MATERIALS AND CHARGES 4.1 In consideration of Subscribers payment to LN of the monthly commitment amounts specified below (the "Monthly Commitment "), and subject to Section 4.3 below, 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 lexis.com service or the LN Online Services accessed via proprietary software (the "Classic Online Services "). At no additional charge, the Participating Billgroups may do offline printing and online printing of the Preferred Pricing Materials. If your subscription includes Research Advantage, then your access to and use of Research Advantage shall be subject to and governed by the additional terms and conditions set forth in the software media at the time of its installation. ND: SLGoviSubscriptionPleMmd- PatronAccess- ElecucnicConsent- Sept2010 ID# 48164915.6743 COMMITMENT PERIOD(S) MONTHLY COMMITMENT Beginning 12/1/10 to 11/30 /11 $ 643 Beginning 12/1/11 to 11/30/12 $ 656 Beginning 12/1/12 to 11/30/13 $ 669 Beginning to $ Beginning to $ Vol. ) Pg 'f5 @ 2010, LexisNexis, a divaion of Reed Elsevier Inc. All rights reserved. I Page 1 of 4 PREFERRED PRICING MATERIALS SOURCE/MENU NUMBER SHEPARDS (a) (b) (D) (d) (e) Fed & Stare Cases Codes CDPFSC Full MB TX Crim/Civil Premium MTTX01 MB TX Family Essentials MTTX11 LexisNexis 5LG SUBSCRIPTION PLAN AMENDMENT FOR PATRON ACCESS (Electronic Consent) "Subscriber": Brazos County "LN ": LexisNexis, a division of Reed Elsevier Inc. 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, 2010 set forth at www.lexisnexis,com /terms /general. 1. TERM The term 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 5, 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 4.1 (the "Term "). 2. AUTHORIZED USERS; LOCATION 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. In addition, the librarian will provide patrons access to the Preferred Pricing Materials (defined below). All access shall be limited to patrons using terminals (up to the specified number) at the location(s) listed below. Non - patrons of the library and inmates are prohibited from receiving access to and use of the Online Services under this Amendment. Remote access (e.g., via dial -up or other remote connection) is strictly prohibited. Subscriber is obligated to ensure that identification numbers are not disclosed to the patrons or other third parties. 3. 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. 4. PREFERRED PRICING MATERIALS AND CHARGES 4.1 In consideration of Subscribers payment to LN of the monthly commitment amounts specified below (the "Monthly Commitment "), and subject to Section 4.3 below, 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 lexis.com service or the LN Online Services accessed via proprietary software (the "Classic Online Services "). At no additional charge, the Participating Billgroups may do offline printing and online printing of the Preferred Pricing Materials. If your subscription includes Research Advantage, then your access to and use of Research Advantage shall be subject to and governed by the additional terms and conditions set forth in the software media at the time of its installation. ND: SLGoviSubscriptionPleMmd- PatronAccess- ElecucnicConsent- Sept2010 ID# 48164915.6743 COMMITMENT PERIOD(S) MONTHLY COMMITMENT Beginning 12/1/10 to 11/30 /11 $ 643 Beginning 12/1/11 to 11/30/12 $ 656 Beginning 12/1/12 to 11/30/13 $ 669 Beginning to $ Beginning to $ Vol. ) Pg 'f5 @ 2010, LexisNexis, a divaion of Reed Elsevier Inc. All rights reserved. I Page 1 of 4 4.2 The Monthly Commitment may include a multi -media discount based on Subscriber's current print and/or CD -ROM subscriptions. In the event Subscriber discontinues any of its existing print or CD -ROM subscriptions, LN reserves the right to eliminate the multi-media discount and increase the Monthly Commitment. 4.3 During the Term, LN will review Subscriber's actual monthly use of the Preferred Pricing Materials calculated in accordance with the Price Schedule ( "Actual Use "). In the event the Actual Use exceeds 15 times the Monthly Commitment for three consecutive months, LN reserves the right to increase the Monthly Commitment upon 30 days prior written notice to Subscriber. In the event of an increase pursuant to this Section 4.3, Subscriber's sole and exclusive remedy shall be termination of this Amendment upon 10 days prior written notice to LN. Subscriber must exercise the foregoing right of termination within 90 days of receipt of such notice of increase. 4.4 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. 4.5 In exchange for the favorable pricing set forth in this Amendment, during the Term Subscriber agrees to maintain print, CD -ROM or similar products currently licensed to or provided to Subscriber by LN or its affiliated companies, or Subscriber must maintain an equivalent spending level for those products. If Subscriber's print, CD -ROM or similar products are not maintained or the spending level for those products declines, LN reserves the right to adjust the amounts payable under this Amendment upon at least 30 days prior written notice to Subscriber. 4.6 LN will issue identification numbers to Subscriber for purposes of providing access to and use of the Preferred Pricing Materials by its patrons who agree electronically to abide by the terms and conditions of use for the LexisNexis Services. Subscriber will make available to each patron of the library the ability to agree to the LN terms and conditions via Subscriber's custom web page. 4.7 Subscriber shall set -up its system to require each patron to scroll through screens as designated by LN from time to time, which screens shall include the "Terms and Conditions of use for the LexisNexis Services ". There must be an "Accept" button following the terms and conditions, which the patron must activate before having access to the Preferred Pricing Materials. If the patron clicks on "Do Not Accept", "Cancel" or otherwise fails to click "Accept ", then the patron shall not have access to the Preferred Pricing Materials. Subscriber shall notify LN in advance of implementation of its electronic system and provide LN with a demonstration of its operation. Subscriber will make any adjustments to its electronic system, as required by LN, if it does not meet the above requirements. 5. CLOSED OFFER The offer of LN contained herein is valid until December 20, 2010. 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. 6. 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 6 will survive the termination or expiration of this Amendment. 7. MISCELLANEOUS 7.1 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 biligroups. 7.2 During the Term, Subscriber may not terminate the Agreement. This Amendment may be terminated by Subscriber after the third 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 4.1. To be effective, notice of termination pursuant to the preceding sentence must be given within 90 days of the increase. 7.3 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. 7.4 All capitalized terms not defined herein will have the meanings ascribed to them in the Agreement, including the Price Schedule. 7.5 Subscriber's contact and technical information is set forth in the attached Schedule I. ND: SLGovtSubscdptIonPlanArnd- PatronAccess- ElectronIcconsentSep1201a ID448163915-6743 ®2010, LexisNe a division of Reed Elsevier Inc. All rights reserved. Page of Vol. I 4 a Pg. 7.6 Except as expressly modified by this Amendment, all other terms 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: BY: NAME: TITLE: DATE: BRAZOS•• r SU t Crd Otfnt to LexisNexis, a division of Reed Elsevier Inc. BY: NAME: TITLE: DATE: ND: SLG04subsedptionPlanAmd- PStronAccass- Electronicconsent- Sept2010 104 4816 - 3915.6743 02010, LexlsNexis, a division of Reed Elsevier Inc. All rights reserved. 1 Page 3 of 4 Vol. 1 4 a Pg. I 47 Terminal Terminal 4 Static IP Address: Static IP Address: ID: ID: Password: _ Password: _ Terminal 2 Terminal 5 Static IP Address: Static IP Address: ID: ID: _ Password: _ Password: _ Terminal 3 Terminal 6 Static IP Address Static IP Address: ID: ID: _ Password: Password: _ _ SCHEDULEI LN requires accurate IP Information from the library to establish a connection to the Patron Access site ( www .lexisnexis.com /patronaccess.). The technical contact at the library will need to set up static IP addresses on the patron access machines. Rerilember, there is a 6 terminal limit for Patron Access. Information needed to set up Patron Access 1. Law Library Name: Brazos County 2. Name of Technical Contact at Law Library Prashant Ramachandran 3. Phone Number, email and availability of Technical Contact at Library 979.361.4688 Number of terminals in contract: 2 For each Patron Access terminal: 1. Static IP address 2. LexisNexis at www.lexis.com ID 3. LexisNexis at www.lexis.com password ND: SLGovt Subscript lonPlanAmd- PatronAccess- ElectronleConsent- Sept2010 ID# 461649164743 ® 2010, LexisNexis. a division of Reed Elsevier Inc. All rights reserved. I Page 4 of 4 Vol. ) Pg. I 4-g .ii PARribin ING BILLGR uP #: '. .LOW'S (AbiaSsa, OnYANb STATE) '. ' ';' # OFSERMINALS. 127 W V D Bryan, TX LexisNexiso HSLG SUBSCRIPTION PLAN AMENDMENT FOR PATRON ACCESS (Electronic Consent) "Subscriber": Brazos County "LN ": LexisNexis, a division of Reed Elsevier Inc. In this Amendment (the "Amendment ") Subscriber and LN agree to amend the Subscription Agreement (the "Agreement ") previously or simultaneously executed between LN and Subscriber by adding to the Agreement the terms and conditions set forth below. 1. TERM • The term of this Amendment (the "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 5, 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 4.1 (the 'Term"). 2. AUTHORIZED USERS; LOCATION 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" means an individual to whom Subscriber assigns an LN identification number under a Participating Billgroup ( "LN ID "). Only Subscriber's employees, temporary employees, and contractors are eligible to be Authorized Users. Subscriber agrees that each LN ID may only be used by the Authorized User to whom it is assigned and may not be shared with or used by any other person, including other Authorized Users. Subscriber will manage its roster of Authorized Users and will promptly notify LN to deactivate an Authorized User's LN ID if the Authorized User no longer works for Subscriber or Subscriber otherwise wishes to terminate the Authorized User's access to the Online Services. Subscriber is responsible for all use of the Online Services accessed with LN IDs, including associated charges, and for use of the Online Services by temporary employees and contractors to the same extent as if they were Subscriber's employees. Subscriber will implement policies and procedures to prevent unauthorized use of LN IDs and will immediately notify LN, in writing, if it suspects that an LN ID is lost, stolen, compromised, or misused. In addition, the librarian will provide patrons access to the Preferred Pricing Materials (defined below). All access shall be limited to patrons using terminals (up to the specified number) at the location(s) listed below. Non - patrons of the library and inmates are prohibited from receiving access to and use of the Online Services under this Amendment. Remote access (e.g., via dial -up or other remote connection) is strictly prohibited. Subscriber is obligated to ensure that identification numbers are not disclosed to the patrons or other third parties. 3. 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. 4. PREFERRED PRICING MATERIALS AND CHARGES 4.1 In consideration of Subscriber's payment to LN of the monthly commitment amounts specked below (the "Monthly Commitment "), and subject to Section 4.3 below, 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 lexis.com service or the LN Online Services accessed via proprietary software (the "Classic Online Services "). At no additional charge, the Participating Billgroups may do offline printing and online printing of the Preferred Pricing Materials. If your subscription includes Research Advantage, then your access to and use of Research Advantage shall be subject to and governed by the additional terms and conditions set forth in the software media at the time of its installation. Subscription Plan Amendment for Patton Access 0 2007, LexisNexis. a division of Reed Elsevier Inc. All rights reserved. SLGo4SubscriptionPlanAmd- PatronAccess- Elecironicconsent- Feb2007 Pape 1 of 3 Vol. _4a p 149 COMMITMENT PERIOD(S) - MONTHLY COMMITMENT: Beginning 12/01/2008 to 11/30/2009 $ 877 Beginning 12/01/2009 to 11/302010 $ 903 Beginning 12/01/2010 to 11/30/2011 $ 930 Beginning to $ Beginning to $ 4.2 The Monthly Commitment may include a multi -media discount based on Subscriber's current print and /or CD -ROM subscriptions. In the event Subscriber discontinues any of its existing print or CD -ROM subscriptions, LN reserves the right to eliminate the multi -media discount and increase the Monthly Commitment. 4.3 During the Term, LN will review Subscriber's actual monthly use of the Preferred Pricing Materials calculated in accordance with the Price Schedule ( "Actual Use "). In the event the Actual Use exceeds 15 times the Monthly Commitment for three consecutive months, LN reserves the right to increase the Monthly Commitment upon 30 days prior written notice to Subscriber. In the event of an increase pursuant to this Section 4.3, Subscriber's sole and exclusive remedy shall be termination of this Amendment upon 10 days prior written notice to LN. Subscriber must exercise the foregoing right of termination within 90 days of receipt of such notice of increase. 4.4 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. 4.5 In exchange for the favorable pricing set forth in this Amendment, during the Term Subscriber agrees to maintain print, CD -ROM or similar products currently licensed to or provided to Subscriber by LN or its affiliated companies, or Subscriber must maintain an equivalent spending level for those products. If Subscriber's print, CD -ROM or similar products are not maintained or the spending level for those products declines, LN reserves the right to adjust the amounts payable under this Amendment upon at least 30 days prior written notice to Subscriber. 4.6 LN will issue identification numbers to Subscriber for purposes of providing access to and use of the Preferred Pricing Materials by its patrons who agree electronically to abide by the terms and conditions of use for the LexisNexis Services. Subscriber will make available to each patron of the library the ability to agree to the LN terms and conditions via Subscriber's custom web page. 4.7 Subscriber shall set -up its system to require each patron to scroll through screens as designated by LN from time to time, which screens shall include the "Terms and Conditions of use for the LexisNexis Services ". There must be an "Accept" button following the terms and conditions, which the patron must activate before having access to the Preferred Pricing Materials. If the patron clicks on "Do Not Accept ", "Cancel" or otherwise fails to click "Accept ", then the patron shall not have access to the Preferred Pricing Materials. Subscriber shall notify LN in advance of implementation of its electronic system and provide LN with a demonstration of its operation. Subscriber will make any adjustments to its electronic system, as required by LN, if it does.not meet the above requirements. 5. CLOSED OFFER The offer of LN contained herein is valid until January 20, 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. 6. 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 6 will survive the termination or expiration of this Amendment. 7. MISCELLANEOUS 7.1 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. 7.2 During the Term, Subscriber may not terminate the Agreement. This Amendment may be terminated by Subscriber after the third 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 4.1. To be effective, notice of termination pursuant to the preceding sentence must be given within 90 days of the increase. Subscription Plan Amendment for Patron Access 02007. LexisNe,ds. a division of Reed Elsevier Inc. All rights reserved. SLGovtsubscriptionPlaMmd- PatronAccess-ElectroniConsent-Feb2007 Page 2 of 3 Vol. I LI p 0 PREFERREDPRICING MATERIALS: .. SOURCE/MENU NUMBER SREPARDS (a) (b) (c) (d) (0) Patriot (Fed&St cases/codes) CDPFSC Full MB TX Civ /Crim Pemium MTTx01 MB TX Family Essentials MTTXI I COMMITMENT PERIOD(S) - MONTHLY COMMITMENT: Beginning 12/01/2008 to 11/30/2009 $ 877 Beginning 12/01/2009 to 11/302010 $ 903 Beginning 12/01/2010 to 11/30/2011 $ 930 Beginning to $ Beginning to $ 4.2 The Monthly Commitment may include a multi -media discount based on Subscriber's current print and /or CD -ROM subscriptions. In the event Subscriber discontinues any of its existing print or CD -ROM subscriptions, LN reserves the right to eliminate the multi -media discount and increase the Monthly Commitment. 4.3 During the Term, LN will review Subscriber's actual monthly use of the Preferred Pricing Materials calculated in accordance with the Price Schedule ( "Actual Use "). In the event the Actual Use exceeds 15 times the Monthly Commitment for three consecutive months, LN reserves the right to increase the Monthly Commitment upon 30 days prior written notice to Subscriber. In the event of an increase pursuant to this Section 4.3, Subscriber's sole and exclusive remedy shall be termination of this Amendment upon 10 days prior written notice to LN. Subscriber must exercise the foregoing right of termination within 90 days of receipt of such notice of increase. 4.4 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. 4.5 In exchange for the favorable pricing set forth in this Amendment, during the Term Subscriber agrees to maintain print, CD -ROM or similar products currently licensed to or provided to Subscriber by LN or its affiliated companies, or Subscriber must maintain an equivalent spending level for those products. If Subscriber's print, CD -ROM or similar products are not maintained or the spending level for those products declines, LN reserves the right to adjust the amounts payable under this Amendment upon at least 30 days prior written notice to Subscriber. 4.6 LN will issue identification numbers to Subscriber for purposes of providing access to and use of the Preferred Pricing Materials by its patrons who agree electronically to abide by the terms and conditions of use for the LexisNexis Services. Subscriber will make available to each patron of the library the ability to agree to the LN terms and conditions via Subscriber's custom web page. 4.7 Subscriber shall set -up its system to require each patron to scroll through screens as designated by LN from time to time, which screens shall include the "Terms and Conditions of use for the LexisNexis Services ". There must be an "Accept" button following the terms and conditions, which the patron must activate before having access to the Preferred Pricing Materials. If the patron clicks on "Do Not Accept ", "Cancel" or otherwise fails to click "Accept ", then the patron shall not have access to the Preferred Pricing Materials. Subscriber shall notify LN in advance of implementation of its electronic system and provide LN with a demonstration of its operation. Subscriber will make any adjustments to its electronic system, as required by LN, if it does.not meet the above requirements. 5. CLOSED OFFER The offer of LN contained herein is valid until January 20, 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. 6. 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 6 will survive the termination or expiration of this Amendment. 7. MISCELLANEOUS 7.1 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. 7.2 During the Term, Subscriber may not terminate the Agreement. This Amendment may be terminated by Subscriber after the third 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 4.1. To be effective, notice of termination pursuant to the preceding sentence must be given within 90 days of the increase. Subscription Plan Amendment for Patron Access 02007. LexisNe,ds. a division of Reed Elsevier Inc. All rights reserved. SLGovtsubscriptionPlaMmd- PatronAccess-ElectroniConsent-Feb2007 Page 2 of 3 Vol. I LI p 0 7.3 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. 7.4 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. 7.5 All capitalized terms not defined herein will have the meanings ascribed to them in the Agreement, including the Price Schedule. 7.6 Subscriber's contact and technical information is set forth in the attached Schedule I. 7.7 Except as expressly modified by this Amendment, all other terms 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. Except as set forth herein, this Amendment may not be modified or otherwise changed unless mutually agreed to by both parties in writing. AGREED TO AND ACCEPTED BY: BY: NAME: TITLE: DATE: 2Q ,V SI(hS I ca/K /10 Vol. I 401 p t.s I LexisNexis, a division of Reed Elsevier Inc. BY: NAME: TITLE: DATE: Subscription Plan Amendment for Patron Access E LGoviSubscd pdonPlanAmd- PatronAmess- ElectroniCOnsent- Feb2007 ® 2007. LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Page 3 of 3 LN requires accurate IP information from the library to establish a connection to the Patron Access site ( www .lexisnexis.com /patronaccess.). The technical contact at the library will need to set up static IP addresses on the patron access machines. Remember, there is a 3 terminal limit for Patron Access. Information needed to set up Patron Access: 1. Law Library Name: 2. Name of Technical Contact at Law Library 3. Phone Number, email and availability of Technical Contact at Library Number of terminals in contract: 1 For each Patron Access terminal: ID: 1. Static IP address 2. LexisNexis at www.lexis.com ID 3. LexisNexis at www.lexis.com password Terminal 1 Static IP Address: ID: Password: Terminal 2 Static IP Address: ID: Password: Terminal 3 Static IP Address: Password: Vol. SCHEDULE I Pg. tsa Microsoft I Volume Licensing Microsoft Enterprise Enrollment — State and Local Amendment Enrollment number Microsoft to complete This amendment is entered into between the customer and Microsoft affiliate signing, as of the effective date identified below. All terms used but not defined will have the same meanings as in the Microsoft Enterprise Enrollment identified above "the enrollment." The following terms and conditions amend the terms and conditions of the enrollment identified above, but only with respect to the customer identified below and only for purposes of this enrollment. 1. On page 2 (two) of the enrollment, the paragraph entitled "Effective Date" is hereby amended and restated in its entirety as follows: Effective Date. The effective date of this enrollment is November 1, 2010. 2. Upon execution of this enrollment (the "replacement enrollment "), your previous enrollment #7617858 (the "terminated enrollment ") shall be terminated, with such termination taking effect one day prior to the effective date of this replacement enrollment. The parties agree that: a. No license confirmations shall be issued pursuant to the terminated enrollment; b. We will cancel any payments pursuant to the terminated enrollment scheduled to be invoiced to your reseller on or after the effective date of this replacement enrollment; c. No credits or refunds shall be issued pursuant to payments pursuant to the terminated enrollment invoiced (or required to be invoiced) to your reseller prior to the effective date of this replacement enrollment; and d. Notwithstanding anything to the contrary In the section of the Enterprise Agreement associated herewith which provides for issuance of license confirmations in certain instances upon early termination of an enrollment, for the purposes of determining the number of license confirmations to be issued proportionally for this replacement enrollment, the amount paid previously for products sold pursuant to the terminated enrollment shall be added to the amount paid pursuant to this replacement enrollment (as of the date this replacement enrollment is terminated early) in order to determine the "amount that has been paid as of the termination date" with respect to such products. In no event, however, will we issue license confirmations in numbers greater than the actual quantity of licenses ordered hereunder. 3. The parties acknowledge that the reference prices hereunder take into account the purchases of Software Assurance and /or License & Software Assurance Packs, shown in the following table (collectively, the °Credited SA Purchases') which such Credited SA Purchases were made pursuant to one or more other agreements and which will expire as of the dates shown on the table: Microsoft Enterprise Enrollment vG.X SLG (North Amedca)(English) December 1, 2010 Amendment ID Vol. 1 4 a Pg. t 5 3 000- shahcock- 8551? ID Number Microsoft to complete EE Amend SD CTX Page 1 of 3 Prior Software Assurance and Online Service Purchases Coverage Expired Price 1 Due Upon tinily) 12/31/2010 Office Professional Plus 674 Windows Qty Business/Professional 674 Project Professional w/1 Extended $ Project Server CAL 5 Visio Professional 10 Microsoft I Volume Licensing Because the reference prices herein for your initial order for enterprise products and /or additional products take such Credited SA Purchases into account, you agree that no further refund or credit shall be due pursuant to such Credited SA Purchases, and that you shall pay all remaining Installment payments (if any) for such Credited SA Purchases pursuant to the agreement(s) under which they were ordered. You agree that you will not transfer the Credited SA Purchases (or the underlying licenses associated with such Credited SA Purchases) to any party during the term of this enrollment. 4. Notwithstanding anything to the contrary in this enrollment, or in the Enterprise Agreement associated herewith, we will invoice your reseller for the 3 -year cost of the enterprise products (and, if applicable, the additional products) licensed pursuant to your initial order under this enrollment in 3 unequal installments, as follows: Note that the above prices are provided for reference only. Your actual price and payment terms will be determined by separate agreement between you and your reseller. Microsoft Enterprise Enrollment v6.X SLG (North Amedca)(EnglIsh) December 1, 2010 Vol. 1 Pg. 154 EE Amend BD CTX Page 2 of 3 Reference Paymen S Price 1 Due Upon tinily) Reference Price Payment 2 Due Upon 1st Anniversary of Effective Date Reference Price Payment 3 Due Upon 2nd Anniversary of Effective Date Product Part # Qty Unit $ Extended $ Unit $ Extended $ Unit $ Extended $ Office Professional Plus All Lng SA MVL Platform 269 -12442 674 74.34 50,105.16 89.22 60,134.28 89.22 60,134.28 Windows Vista Business All Lng SA MVL Platform w /MDOP 66J -04734 674 35.22 23,738 28 42.27 28,489.98 42.27 28.489.98 Core CALClient Access Uc All Lng Lic /SA Pack MVL Platform User CAL W06 -01066 874 5928 39,954.72 59.28 39254.72 59.28 39,954.72 Exchange Svr All Languages Lic/SA Pack MVL 312 -02177 1 323.94 323.94 323.94 323.94 323.94 323.94 Prjct Pro Aing SA MVL w1 PrlctSvr CAL H30 -00238 5 189.63 848.15 203.55 1,017.75 203.55 1,017.75 Sys Ctr ConfgMgrSvr wSQL All Lng Lic /SA Pack MVL J4A -00160 1 604.82 604.82 604.82 604.82 604.82 604.82 Vlsio Pro Win32 AO Languages SA MVL 087 -01159 10 87.00 870.00 104.40 1,044.00 104.40 1,044.00 Windows Svr Datacntr All Lng LIc/SA Pack MVL 1 Proc P71 -01031 1 1,100.95 1,100.95 1,100.95 1,100.95 1,100.95 1,100.95 Microsoft I Volume Licensing Because the reference prices herein for your initial order for enterprise products and /or additional products take such Credited SA Purchases into account, you agree that no further refund or credit shall be due pursuant to such Credited SA Purchases, and that you shall pay all remaining Installment payments (if any) for such Credited SA Purchases pursuant to the agreement(s) under which they were ordered. You agree that you will not transfer the Credited SA Purchases (or the underlying licenses associated with such Credited SA Purchases) to any party during the term of this enrollment. 4. Notwithstanding anything to the contrary in this enrollment, or in the Enterprise Agreement associated herewith, we will invoice your reseller for the 3 -year cost of the enterprise products (and, if applicable, the additional products) licensed pursuant to your initial order under this enrollment in 3 unequal installments, as follows: Note that the above prices are provided for reference only. Your actual price and payment terms will be determined by separate agreement between you and your reseller. Microsoft Enterprise Enrollment v6.X SLG (North Amedca)(EnglIsh) December 1, 2010 Vol. 1 Pg. 154 EE Amend BD CTX Page 2 of 3 Customer Name of Entity' Brazos Canty, Te Contracting Microsoft Affiliate Microsoft Licensing, GP _ Signat," // - Signature Printed Name' Printed Name Printed Title On An 3 Printed Title Signature Date' t a i ILD �1 `tt Signature Date (date Microsoft arniatecountersigns) * indicates required field Effective Date (may be different than our signature date) Except for changes made by this amendment, all terms of this enrollment remain unchanged. By signing below, the parties agree to be bound by the terms of this amendment. Please sign this amendment and send it with your enrollment to your reseller. Your reseller must submit it to the following address. When the amendment is fully signed, you will receive a confirming copy. Microsoft Licensing, GP Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada USA 89511 -1137 Microsoft Enterprise Enrollment v6.X SLG (North AmericaxEnglish) December 1, 2010 L a Pg, 155 Microsoft Volume Licensing Prepared By: Steve Hancock Licensing Specialist on behalf of Kim Fuqua EE Amend BD CTX Page 3 of 3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10 /11 — 10.1 thru 10.6 On this the 14th day of December 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Duane Peters, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 14th day of December 2010 the Court heard and approved a budget amendment for the 2009 -2010 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 14 September 2010, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 14114 day of December 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. B Randy ams, 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. 14d, Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 -10.1 12/14/2010 FUND 5000 5000 DIV 64005000 64005000 ACCT 71116500 72570000 Group Insurance- Admin: PROJ DR/CR CR DR ACCOUNT NAME Deer Oaks EAP Deer Oaks EAP Increase 13,500.00 Decrease 13,500.00 Reallocation of funds to correctly account for Deer Oaks EAP expenses as professional services. voi. a pg. I G-1 FUND DIV ACCT PROJ. DRICR ACCOUNT NAME Increase Decrease 0100 18000100 51630000 CR Hourly - Part-time 21,759.00 0100 18000100 53100000 CR Social Security 1,665.00 0100 18000100 53200000 CR Retirement 2,596.00 0100 18000100 53800000 CR Workers Comp 31.00 0100 11001500 61130000 DR Contingency- General Fund 26,051.00 County Attorney & General Fund Contingency: Reallocation of funds due to the elimination of class code 0559 position 1 - Receptionist 1300hr. Approved in Commissioner's Court 12/7/2010, Agenda Item # 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 -10.2 12/14/2010 Vol. 4d. Pg. 1 58 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 -10.3 12/14/2010 FUND 0100 0100 DIV 17000100 17000100 ACCT 59100000 67286000 Building Maintenance: PROJ Reallocation of funds to use DDEA to purchase an Air Plasma Cutting System. DR/CR CR DR ACCOUNT NAME DDEA Equipment - Other Increase 1,275.00 Decrease 1,275.00 169 Vol. ly2 Pg FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 13,44200 0100 91630000 DR Transfer to County Mgmt 13,442.00 1900 49028000 CR Transfer fm General Fund 13,442.00 1900 50000100 51610000 DR Hourly Staff 9,017.00 1900 50000100 53100000 DR Social Security 690.00 1900 50000100 53200000 DR Retirement 1,076.00 1900 50000100 53800000 DR Workers Comp 13.00 1900 50000100 53300000 DR Employee Health Ins. 2,606.00 1900 50000100 53320000 DR Employee Dental Ins. 40.00 Contingincy & Records Management: Transfer to fund new Clerk III posi ion in the Records Management Division, effective 1/1/2010, Funded for four (4) months ONLY. Approved in Commissioner's Court 12/7/2010, Agenda Item # 10 Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 10.4 12114/2010 i Ia Pg Co 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 -10.5 12114/2010 FUND 4500 4500 DIV 63000700 63000800 ACCT 80101003 80101003 PROJ Courtl ouse Renovations: North Wail DR/CR CR DR ACCOUNT NAME Courthouse Renovations Courthouse - North Wall Increase 848.70 Decrease 848.70 Transfer of funds to cover the cost associated with the change order to PO #11000227 for Patterson Architects. The change order is for the installation of the different type of glass on the North Wall. Vol. 14 cR p I /0 I FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 1,342.00 0100 91110000 DR Transfer to Capital Improvements 1,342.00 4500 49028000 CR Transfer fm General Fund 1,342.00 4500 63000500 80720000 DR Security System 1,342.00 Capital Improvements and Contingency: Transfer of funds to purchase and install addressable relay for connection to card access system for the CSCD section of the Roy Kelly Building. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 10.6 11/30/2010 Vol. 1 4 a Pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 14, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Requests) County Judge Road & Bridge Employee Request Applies To Lockledge, Deborah Approved in Commissioners' Court: December 14 2010: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Action Requested Transfer to Another Dept. Buchanan, Larry Resignation Vo l. 1 4 a p I (o3