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HomeMy WebLinkAbout2011-04-05-4:00PM-REGULARVol. 1 Pg. 7q ci BRAZOS COUNTY - e-a -I `y- ' 1 ' BRYAN,TEXAS NOTICE OF MEETING AND AGENDA .pa - \2:20 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON APRIL 5, 2011 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones will lead the Invocation and Commissioner Mallard will lead the Pledge of Allegiance. 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 16: 3 Change of time for the April 12, 2011 Commissioners Court Meeting from 4:00 p.m. to 9a.m. 4 Consider and possible action regarding the current Burn Ban, as established by Brazos County Order #11 -001. 5 Approval of Lease Agreement with the Junior League of Bryan - College Station, Inc. and the Brazos Center. 6 Letter to .Gov Domain Registration to request that authority over the BrazosCountyTX.gov second -level domain name be delegated to Brazos County Texas. 7 Request by the Sheriff's Office to revise the current lob description for the Warrant Sergeant, Class No.: 1438. The change would include a revised title to Special Services Sergeant and a more detailed description of the essential duties and responsibilities of the position. 8. Tax Refund Applications for the following: a. Faithful Corporation - overpayment - b. Universal Land Title of Texas Escrow Account - overpayment - $ 232 . 83 9. Budget Amendments. Budget Amendments FY10/11 25.1 -25.4. 10. Approval of proposal and change order to add $7,787 to the contract with Patterson Architects for the design of structural bracing for the Courthouse North Wall project that is required to erect the curtain wall. Approval of proposal and change order to add $77,878 to the contract with Madison Construction for the Courthouse North Wall project for structural bracing that is required to erect the curtain wall. 12. Approval of the attached manual capital requisition in the amount of $608.39 to Anixter for a network equipment cabinet needed for the Expo Expansion Project. 13. Approval of the attached manual capital requisition in the amount of $825.00 to Volvo Rents for the rental of a 60 ft boom lift needed tor installation of wireless equipment for the Expo Expansion Project. 14. Approval of the attached manual capital requisition In the amount of $9,000.00 to Software Group in order to purchase licenses for the use of scanners in the County Clerk's Office. 15. Personnel Change of Status. Personnel Action Forms 16. Payment of Claims. 17 Acknowledgement of the Monthly Reports submitted in March 2011. These reports are available for review in the County Judge's Office. 18. Announcement of interest items and possible future agenda topics. 19. Call for Citizen input and /or concerns. 20. Agency/ Board/ Committee reports by Court members. 21. Adjourn. 11. vol._ 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. li 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 if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. The 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. 145 Pg. $ I 0 File Stamped Agenda.pdf 0 Sign in sheet.pdf 2. Call for Citizen input and /or concerns. There was no citizen input. BRAZOS COUNTY BRYAN,TEXAS MINUTES April 5, 2011 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, April 5, 2010 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; IrmaCauley, Commissioner of Precinct 4, Absent; 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 - Chaplain G.H. Jones will lead the Invocation and Commissioner Mallard will lead the Pledge of Allegiance. Vol. I {, p gat Consider and take action on agenda items 3 - 16: 3. Change of time for the April 12, 2011 Commissioners Court Meeting from 4:00 p.m. to 9a.m. Item 3.odf Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley 4. Consider and possible action regarding the current Burn Ban, as established by Brazos County Order #11 -001. 0 Order 11 -002 Prohibiting Outdoor Burninq.pdf Michele Meade, Assistant, Emergency Management Coordinator reported that the KBD Index, high winds and lack of rainfall were responsible for the four (4) firechiefs being in favor of leaving the burn ban in place. After some discussion, it was decided to extend the burn ban for an addtional 60 days upon the expiration of the current ban and that it be contingent on receipt of a new Order. Motion: Other , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Lloyd Wasserman. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley 5. Approval of Lease Agreement with the Junior League of Bryan - College Station, Inc. and the Brazos Center. Item 5.pdf Term of the lease agreement is for two (2) years commencing on June 1, 2011 and ending on June 1, 2013. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Lloyd Wasserman. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley . 6. Letter to .Gov Domain Registration to request that authority over the BrazosCountyTX.gov second -level domain name be delegated to Brazos County, Texas. it Item 6.pdf Points of Contact (POC) are as follows: Administrative POC, Eric Caldwell, Information Technology Director Technical POC, Billy Melzow, Senior Network Administrator Billing POC, Anita Lee, Administrative Assistant Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley . 7. Request by the Sheriff's Office to revise the current job description for the Warrant Sergeant, Class No.: 1438. The change would include a revised title to Special Services Sergeant and a more detailed description of the essential duties and responsibilities of the position. 1.0 Item 7.odf A copy is attached. vol. tl'+5 Pg. 8 3 Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley . 8. Tax Refund Applications for the following: a. Faithful Corporation- overpayment- $5.60b. Universal Land Title of Texas Escrow Account-overpayment-$232.83 0 Item 8.pdf Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley . 9. Budget Amendments. Budget Amendments FY10 /11 25.1 -25.4. 1 ..�J Item 9.pdf 25.1 Transfer funds from County Clerk Records Management Fund to County Clerk Administration 25.2 Reallocate funds for Building Maintenance 25.3 Reallocate funds for Expo Expansion 25.4 Transfer funds from General Capital Improvement Fund to Courthouse Renovation Project and North Wall Project. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Lloyd Wasserman. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley . 10. Approval of proposal and change order to add $7,787 to the contract with Patterson Architects for the design of structural bracing for the Courthouse North Wall project that is required to erect the curtain wall. MI Item 10.pdf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley . 11. Approval of proposal and change order to add $77,878 to the contract with Madison Construction for the Courthouse North Wall project for structural bracing that is required to erect the curtain wall. "'Va. 0 Item 11.pdf Commissioner Mallard asked about a completion time. Charles Wendt, Purchasing Agent said that the project has been complicated structurally and that it's hard to estimate a time period. A copy of the change order is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley . 12. Approval of the attached manual capital requisition in the amount of $608.39 to Anixter for a network equipment cabinet needed for the Expo Expansion Project. 21 Item 12.ndf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wasserman. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley . Vol. 13. Approval of the attached manual capital requisition in the amount of $825.00 to Volvo Rents for the rental of a 60 ft boom lift needed for installation of wireless equipment for the Expo Expansion Project. 9 Item 13.pd1 Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley . 14. Approval of the attached manual capital requisition in the amount of $9,000.00 to Software Group in order to purchase licenses for the use of scanners in the County Clerk's Office. 9 Item 14.pdf Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley . 15. Personnel Change of Status. Personnel Action Forms 9 Item 15.odf A copy of the Personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley . 16. Payment of Claims. 7084934 through 7085126 Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wasserman . Members Absent: Cauley . 9 Claims Sheet.pdf 19 Bill List 040511.pdf 17. Acknowledgement of the Monthly Reports submitted in March 2011. These reports are available for review in the County Judge's Office. Item 17.pdf County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Vol. 1 y' 5 Pg. gs Sheriff Agrilife Extension Service 18. Announcement of interest items and possible future agenda topics. Eric Caldwell Information Technology Director- asked how to post the burn ban extension on the website. Should he put an expiration date on there? It was the consensus of the Court to just report that the ban was in effect. Mike Wilson Chief Deputy - There were 532 inmates in jail, 47 have electronic monitors and 51 are pending for monitors. Commissioner Mallard - stated that Commissioner Cauley was not here due to her attending the leadership academy with the V. G. Young Institute. Gary Arnold, Planning Director of the Road and Bridge Department introduced Joe Salvato the new County Right -of -Way Agent. 19. Call for Citizen input and /or concerns. Commissioner Mallard told the Court that he had participated in an conference call on Friday to discuss the High Speed Rail. 20. Agency/ Board/ Committee reports by Court members. There were no agency /board /committee reports. 21. Adjourn. vol. I4 —Pg• g� The foregoing minutes of the Commissioners Court meeting held April 05, 2011 have been examined and are approved in open Court this the 3 rie{ d ay of ga 42j , 2011, in Bryan, Brazos County, Texas. Duane Peters County Judge mnty,Catalena Commissioner, Precinct 2 a Cau Commissione Attest: Karen McQueen County Clerk cinct 4 Vol 145 Page $7 Wig Lloyd 4Vassermann Commissioner, Precinct 1 Kenny Mall Commissioner, Preci ct 3 Name Organization / Department ice S,4L- R4- v 4 , aGf'' A -4 ' • �d i!- - I , , � V ZI! , w it / �� / I A -- ; ; 2 v \ ,�� � CA- _ • a . i 14 a , /4//o,.., Q A .44 . Si /41( 5 \ 1- Ow Gc TT F Ric BRAZOS COUNTY COURT 2001 @ oo Meeting Vol. L (' 5 P g2 PAGE 1 of Meeti BRAZOS COUNTY COMMISSIONERS COURT , 200 @ L 74 aynt- Name Organization / Department . £it+I ?-LE \tiI E w 6 &M a s Vol. PAGE of COMMISSIONERS COURT ORDER PROHIBITION OF OUTDOOR BURNING WHEREAS, in accordance with provisions of the Texas Local Government Code, Chapter 352, a drought condition exists or has existed in Brazos County, Texas as determined by Texas Local Government Code Chapter 352; and, WHEREAS, the Commissioners Court makes a finding that circumstances present in all or part of the unincorporated area of Brazos County create a public safety hazard that would be exacerbated by outdoor burning. BE IT THEREFORE ORDERED that the following regulations are hereby established for all unincorporated areas of Drams County Texas for the duration of the above mentioned declaration; I. Action Prohibited: A person violates this order if he or she burns any combustible material outside of an enclosure serving to contain all flames and/or sparks, or orders such burning by others. 2. Enforcement: A. As soon as possible, a duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. B. Upon notification of suspected outdoor burning, the fire department assigned to the location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. C. If in the opinion of the officer at the scene and/or the fire chief, the goal of the order can be attained by informing the responsible party about the prohibitions established by this order, the officer may, at his discretion, notify the party about the provisions of this order and request compliance with it. In such instances, an entry of the notification shall be made into the dispatchers log containing the time, date, and place of the warning, and the name of the person receiving the warning. 3. At the discretion of the peace officer or the fire chief, second or flagrant violations of the order may be prosecuted in accordance with the statutes and procedures governing misdemeanors. 4. This Order prohibiting Outdoor Binning takes effect on April 9, 2011 and will expire on June 7, 2011, unless terminated earlier by the Commissioners Court. BE IT ALSO ORDERED that this order may be enforced by any duly- commissioned peace officer and that the venue for prosecution of this order ill be the Justice of the Peace. APPROVED, this 5* day of 20 . Codfinissioner Lloyd Wassermann Precinct 1 Commissioner ��� Commissioner 3 �rder 11 -002 vol. 1 if P$• LEASE AGREEMENT This lease agreement which is effective as of the Za day of KA aYr/h 2011, is made by and between Brazos County, Texas, ( "Lessor ") whose address for purposes of this agreement is 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802, and the Junior League of Bryan- College Station, Inc. ( "Lessee ") whose address for purposes of this agreement is 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802. In consideration of the mutual covenants and agreements herein set forth and other good and valuable consideration, Lessor does hereby demise and lease to Lessee and Lessee does hereby lease from Lessor the premises situated in Brazos County, Texas, and being a part of the property commonly referred to as the Brazos Center, and more particularly described and shown in Exhibit A attached hereto with such property hereinafter called the "leased premises ". 1, 2013. TERM The term of this lease shall be two (2) years commencing on June 1, 2011, and ending on June II RENT AND USE OF THE LEASED PREMISES A. Lessee agrees to pay to Lessor without any prior demand therefore and without any deduction or setoff as a fixed minimum rent of the sum of Six Hundred Fifty Dollars ($650.00) per month during the entire term of this lease, such amount to be referred to herein as the "Base Rent." Unless otherwise expressly set forth herein, Lessee shall have the use of the leased premises as described below in consideration for the payment of the Base Rent and no other amount. B. In consideration for the payment of the Base Rent, the Lessee shall have access to and use of the leased premises as follows: 1. At all times, the exclusive use of the office space described and designated at Exhibit "A" attached hereto. 2. Occupancy of two storage cabinets in the "receiving area" of the leased premises as described on Exhibit "A". 3. Each year, on or prior to August 1, the Lessee shall submit to the Lessor a calendar of general membership, board, and provisional meetings scheduled for the twelve months to follow. The Lessor shall, within two weeks of receiving the calendar of meetings, respond to the Lessee with a confirmation of the proposed schedule. Once the proposed calendar is confirmed by the Lessor, the scheduled meetings and locations shall be reserved by the Lessor for use by the Lessee. The room set -up for these three types of meetings can be auditorium style or banquet style. If Lessee will not require the use of the requested rooms for the meetings on any given day, Lessee will give Lessor at least 30 days notice. It is generally understood and agreed by Lessor and Lessee that the general membership meetings will be held in Assembly I, III, IV, or in Lecture /Rehearsal 102. 4. Those areas designated an Exhibit "A" as Room 106, Room 108, and Room 102 may be used for committee and council meetings at no extra charge provided the following conditions prevail: a. Meetings are to be held only during normal business hours, or after 5 P.M. when another activity is scheduled requiring a Brazos Center attendant to be on the premises. Vol. I 4.5 p q 1 1 b. The Lessee must request use of the space at least one week in advance. Such notice must include the date of the meeting, the start and end time, and the name of the person presiding over the meeting. 5. In addition, Lessee has permission for free use of Assembly I, Assembly II, or Assembly IV or Room 102 for 2 - six hour periods as scheduled in advance with the Brazos Center for Agency Orientation and Candidate Orientation. C. Lessor shall provide cleanup service after General Membership, Board, Provisional and Committee meetings, including Agency Orientation and Candidate Orientation, held in Assembly 1, 111, IV or rooms 102, 106, and 108. Cleanup service includes emptying trash cans and disposing of trash in the dumpster, sweeping and mopping floor and disposing of all remaining items left in room unless otherwise notified. Lessee is responsible for the care and removal of their property, decorations, and equipment. 111 BUSINESS Lessee shall use the leased premises solely for the use and purpose for which It is let, that being the conduct of Junior League meetings and related Junior League meetings and related Junior League activities as described herein. IV CONSTRUCTION AND ACCEPTANCE OR PREMISES Lessor will provide to Lessee exclusive use of all property described in Exhibit "A" attached hereto. Lessee accepts the property in its present condition, and Lessee shall not construct any improvements on or in such without the express written consent of the Lessor. V MAINTENANCE AND SURRENDER Lessor shall maintain the roof, foundation, underground and otherwise concealed plumbing, the structural soundness of the exterior walls, and all other parts of the building and other improvements on the leased premises in good repair and condition. Lessor shall be responsible and keep in a good state of repair all interior plumbing, windows, window glass, plate glass, doors, heating system, air conditioning equipment, fire protection, sprinkler system and the interior of the building in general including the reasonable care of the entrance and exit of the premises. Lessee shall provide all furniture for the leased premises. Lessee shall provide all custodial services for the leased premises as well as minor maintenance of the leased premises. Lessee shall throughout the lease term maintain the leased premises and keep them free from waste or nuisance, and shall deliver up the premises in a clean and sanitary condition at the termination of this lease, reasonable wear and tear and damage from fire, tornado and other casualties excepted. VI TAXES AND ASSESSMENTS Lessor shall pay and fully discharge all taxes, special assessments and governmental charges. if any, assessed against the real estate herein leased, and Lessee shall pay and fully discharge all taxes, special assessments and governmental charges, if any, for any and all personal property located on the above premises. Vol. I'1 Pg. 9 a VII UTILITIES Lessor shall pay all utility charges for electricity, heat, gas and water and power used in and about the leased premises. Lessee shall pay all charges for its dedicated telephone service and answering service. VIII INSURANCE Lessor and Lessee shall each be responsible for purchasing and maintaining insurance in amounts and for risks as each determines to be appropriate. Lessee will maintain in effect at all times a police of general liability insurance, including coverage for property damage, in an amount no less than $500,000.00. Lessee bears the risk of loss of all property owned by or under the care of Lessee, and Lessee holds Lessor harmless from any claims or causes of action for the loss of or damage to the property owned by or under the care of the Lessee. IX SIGNS Lessee may not erect signs on any portion of the leased premises, with the exception of small signs identifying the leased premises which have been approved by Lessor in advance. X INDEMNITY The Lessee agrees to and shall indemnify and hold harmless and defend the Lessor, Us officers, agents, elected officials and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, for injury to or death of any person, or damage to any property, or for any breach of contract arising out of or In connection with this lease agreement and the purposes for which this lease agreement was entered into, Including but not limited to property damage, injuries and death due to the act, omission, mistake, fault, default, or negligence of (1) the Lessor, its officers, agents, employees; (2) the Lessee, its agents and employees; and (3) any invitees, licensees or guests of the Lessee. XI DEFAULT If Lessee shall allow the rent to be in arrears more than ten (10) days after written notice by U.S. mail, return receipt requested, of such delinquency, or shall remain in default under any other conditions of this lease for a period of ten (10) days after written notice by U.S. mail, return receipt requested, from Lessor, or should any other person than Lessee secure possession of the premises, or any part thereof, by reason of receivership bankruptcy proceedings, or other operation of law in any manner whatsoever, Lessor may at its option, following notice by U.S. mail, return receipt requested to Lessee, terminate this lease, or in the alternative, Lessor may reenter and take possession of said premises and remove all persons and property therefrom, without being deemed guilty of any manner of trespass and relet the premises or any part thereof, for all or any part of the remainder of said term, to a party satisfactory to Lessor, and at such monthly rental as Lessor may with reasonable diligence be able to secure. Should Lessor by unable to relet after reasonable efforts to do so, or should such monthly rental be less than the rental Lessee was obligated to pay under this lease, or any removal thereof, plus the expense of reletting, then Lessee shall pay the amount of such deficiency to Lessor. Vol. I i 5 Pg. 5 3 Lessor: Lessee: xII ASSIGNMENT AND SUBLEASE Lessee shall not assign this lease and any interest therein, or sublet the leased premises, or any part thereof, or any right or privilege pertinent thereto. XIII NOTICES AND ADDRESSES All notices provided to be given under this Agreement shall be given by regular U.S. mail, with the sole exception that notice of default must be delivered by U.S. mail, certified return receipt requested, addressed to the Lessor's agent, and the Lessee's agent, and the Lessee's then serving President at the following addresses: 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802 XIV TEXAS LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. XV PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. XVI AMENDMENT No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof duly executed by the parties hereto. XVII ATTORNEY'S FEES In the event Lessor or Lessee breaches any of the terms of this agreement whereby the party not in default employs attorneys to protect or enforce its rights hereunder and prevails, then the defaulting party agrees to pay the other party reasonable attorney's fees so incurred by such other party. XVIII FORCE MAJEURE Neither Lessor nor Lessee shall be required to perform any term, condition or covenant in this lease to long as such performance is delayed or prevented by force majeure, which shall mean acts of God, material or labor restrictions by any governmental authority, civil riot, floods and any other cause not reasonably within the control of the Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement as of the date and year first above written. Vol. I 4 6 Pg• LESSOR: BRAZOS COUNTY, TEXAS CIO THE BRAZOS CENTER NAME: TITLE: BRAZOS COUNTY, TEXAS C10 COUNTY JUDGE COUNTY JUDGE - J I DATE LESSEE: Vol. p 9 5 THE JUNIOR LEAGUE OF BRYAN - COLLEGE STATION, INC. NAME: ` l -- AW4`ns TITLE: ?Oc1 t 5 ct 0) cn up O NOILItltle IX'a1od N O vol. 145 P 9 Co w 1- W 1- z W U 0 N c4 April 5, 2011 .GOV Domain Registration c/o Verisign, Inc. 21345 Ridgetop Circle Dulles, Virginia 20166 Administrative Point of Contact (POC) Mr. Eric Caldwell Information Technology Director 205 East 27 Street, Bryan, Tx 77803 979 -361 -4409 ealdwell % co.brazos.tx.us Technical Point of Contact (POC) Mr. Billy Melzow Senior Network Administrator 205 East 27 Street, Bryan, Tx 77803 979 -361 -4693 bmelzow @co.brazos.tx.us BRAZOS COUNTY BRYAN, TEXAS Dear Domain Manager: As County Judge and Cotmnissioners of' Brazos County, Texas, we formally request that authority over the BrazosCountyTX.gov second -level domain name be delegated to Brazos County, Texas. We attest that the County Judge is the highest - ranking official for Brazos County, Texas. By requesting this domain name, we acknowledge that we will be responsible for payment of the annual $125 .GOV domain name fee. In addition, we will insure the website content of the requested domain name conforms with the .GOV website content policy. This domain name will be used for the Brazos County website. The use of this domain is consistent with the Brazos County Internet policy. The following individuals will be listed as POCs for BrazosCountyTX.gov. Brazos County Administration Bldg. • 200 S. Texas Ave, • Suite 310 • Bryan, Texas 77803 • Fax: (979) 3614178 45 7 Vol. Billing Point of Contact (POC) Ms. Anita Lee Administrative Assistant 205 East 27 Street, Bryan, Tx 77803 979 - 361 -4520 alee@co.brazos.tx.us Pg. Thank you for your assistance in this matter. Sincerely, Duane Peters Brazos County Judge kr:441.A. Lloyd Wassermann Commissioner, Pct. 1 Kenny Mallard Commissioner, Pct. 3 Vol. ammy Ca i ena Commis oner, Pct. 2 Pg• --�= - Irm: Cauley Commissioner, Pct. 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10/11 — 25.1 -25.4 On this the 5th day of April 2011 at a regular meeting of the Commissioners' Court, the following members were present: By: A. Duane Peters, County Judge. Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, 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 5 day of April 201 1 the Court heard and approved a budget amendment for the 2010-2011 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 5' of April 2011. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Duane Peters, 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. I L IS Pg. 19 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2000 21005000 67203000 CR Minor Computer Hardware 8,028.00 2000 21005000 80203000 DR !Computer - Hardware 8,028.00 0100 21000100 71020000 CR Computer Contracts 9,000.00 0100 21000100 80203000 DR Computer - Hardware 9,000.00 County Clerk Records Management Fund and County Clerk Administration Reallocation of funds to the proper accounts. Prepared By Date: -3/2412011 Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 25.1 4/5/2011 County Judge Approval .; • ... imi Pg. bO FUND 0100 0100 DIV 17000100 17000100 ACCT 59100000 67286000 Building Maintenance PROJ DR/CR CR DR ACCOUNT NAME DDEA Equipment - Other Increase 1,515.84 Reallocation of funds to allow for the purchase of a welder for the Building Maintenace Department. Decrease 1,515.84 . „ Prepared:B Datr 3/312011 Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 25.2 4/5/2011 dotintiOudgerlApprovar5t' 1 of 1 5 0 / Pg. rm..; I „Date; BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 25.3 4/5/2011 FUND DIV ACCT 4309 63430900 67205000 4309 63430900 80160000 4309 63430900 71500000 Expo Expansion PROJ DR/CR ACCOUNT NAME Network Costs Building - Expo Expansion Network Costs Increase Decrease 608.39 1,433.39 825.00 Reallocation of funds to allow for the rental of equipment needed and network cabinet needed to complete project. Prepared By' - if] Date: 3/31/2011 County Judge,Approval " 1 of 1 Vol. P / OA_ Dates FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 4500 63000700 80101003 CR Bldg. Renov. - Courthouse 97,173.00 4500 63000800 80101003 CR Bldg. Renov. - Courthouse 97,173.00 4500 63000700 80101003 CR Bldg. Renov. - Courthouse 9,717.30 4500 63000800 80101003 CR Bldg. Renov. - Courthouse 9,717.30 General Capital Improvement Fund: Courthouse Renovation Project and Northwall Project Request to reallocate funds from the Courthouse Renovation Project to the Northwall Project ot'Courthouse Remodeling Project for structural modifications to Northwall, which include northwall wind bracing, as well as time and materia cost of the structural modifications: This budget amendment includes the cost associated with both Madison Construction and Patterson Architect (based on I0% Fee). PreparedsBy: i0" Date: 3/31 /2011` BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.10111 - 25.4 4/5/2011 Depatlmeat Approval .County Judge Approval vol. 14 Pg. / 03 ate t'" S' t March 30, 2011 Honorable Judge Duane Peters Brazos County Judge County of Brazos 200 South Texas Ave Bryan, Texas 77802 RE: PROPOSAL ASSOCIATED WITH STRUCTURAL MODIFICATIONS, INCLUDING NORTH WALL WIND BRACING, FOR THE BRAZOS COUNTY COURTHOUSE (NORTH FACADE IMPROVEMENTS) PROJECT LOCATED AT 300 EAST 26 STREET, BRYAN, TEXAS Dear Judge Peters: • •• ■y. MADISON CONSTRUCTION, L.P. We appreciate the opportunity to submit a proposal for the structural modifications, including north wall wind bracing, as shown on drawings received from Patterson Architects and Jaster- Quintanilla & Associates. The following are proposal clarifications with specific inclusions and exclusions: 1. This bid proposal is based upon drawings received from Jaster- Quintanilla & Associates entitled "North Wall Wind Brace" dated March 25, 2011, as well as a sketch received from Patterson Architects entitled "North Beam Braced" dated March 29, 2011. 2. Layout and field verify existing structural steel dimensions. 3. Chip concrete, cut rebar and metal decking to expose existing steel beams. 4. Remove existing fireproofing and rust from existing steel beams and columns. 5. Protect curtain wall aluminum frames. 6. Structural steel shop drawings and fabrication. 7, Structural steel erection. 8. Patch metal decking and place new concrete around new steel plates and tubes. Vol. 1 5 Pg. / b Li 9. Remove a portion of the existing temporary wall to allow for installation of the new structural steel. Patch temporary wall once new structural steel is installed. 10. Remove /relocate existing angle bracing to allow for installation of new structural steel. 11. Supervision 12. Demolition or relocation of HVAC, plumbing, electrical, fire protection, phone /data, and fire alarm is not included in this scope of work 13. Replacement or repair of fireproofing or insulation is not included in this scope of work. 14. Asbestos investigation or abatement is not included in this scope of work. The cost to complete this scope of work is seventy seven thousand eight hundred and seventy eight dollars ($77,878). Please let me know if you have any questions or comments. Sincerely, MADISON CONSTRUCTION, L.P. Project Manager vol. 114 5 P l 05 01 ECO L S u l _ SLS03 TY101 3 net S 00591 3 599'4 f sle'S s 9LL 9 $ 9Z5'Z P 9e9'Z f S ' - S LE0'91 1 sae fI ORS't t f P e 666 626'9 069'69 $ LZ9'LL S awZ'us S 219 S »» S OSI VI 0 N NN[ - S - S - S [f• - S S 195 S - S - f • - f i 1 fI - S [ • - S LS6 9 f LSS - t p V WYS6'0 S S S s ' - L f s s 6SZ S J s $ - S ' L. P - s NN 1 • osz lI s »» �I - S MIS - S 9(n ens d03 0 t S ro06'rt S 1 $ I s P S - S - S 00'OSZ - S - SI 1 11111 S - f 00901 $ 006 91 S s l I poe t' 11 f S SI 91L CSO l S o0 sros ens e tin S 00066 - S 20t'Z $ - S Lrl'L 3' eLCt Si 96E'L S I - S 060'01 S - PJ SL P I I 4 - S II - cal mans II . : 111491C S • 1 - s »» S S 3'ii 00'941 L - S 00 SO I - r I1'. - 0/n lYR BYT Y 2,105.00 2.765.00 r 00Zri'Z 0 1 0926E t l 00090'0l 00'LSL 1 6£S $ S _O9S'L S 416'S 9CIZ S OSL'L S , 2CL 4 S S 9C9 S 6EL S »N»» - S - S - S » S - S 69601 $ - S 6r6 S1 f Mai » 3n •LYW 00'699 00'099' L 00'r26'S 00 ' 00051'1 1 00'549 00"641 51 51 WO 5 51 5T I 91 11 91 51 S1 mm unsIP u0a,Pa1T uoupen AB 06142104743d eclipse/ uovpaW Iaa1S 900 uoaperi Uovdenueld uoapelA walpelT Madison Madison Madison 1 u 3 I 1 lady We uutreeni aims'...° 1 J { +pa01113 P13'alenuo0 d100 Sluawenaaarl my pule pain_ )(NOM 3H140 NOI dIN0930 'Noii]nNISNO) 25 1 I 2 P 3 3 Structural Steel Fabrication Prated Curtain Wall Framing Structural Sled Erection Additional Angle Bracing Per Sketch Patrh Ma.. and Pre Naw Ceneseln 3 i uu Legti .10p 014 9 E I Remove and Relocate EYlzW19 Braces Ml%. Material for Welding alt CutIig Supervision, Insurance, Project Operation Expellee TOTAL DIRECT COST FOR THIS CHANGE Labor Burden I46%) Subtotal r`.nnnaelnr (Ivarhaad A Prn6t Bond TOTAL CONTRACT COST FOR THIS CHANGE iS31YNN311Y STY101 I [ a• Elf 6l T 1yr, ct K C :_ US us 25 F fg g Vol. Lam--- Pg. LICENSED SOFTWARE LICENSE FEE Two (2) AbleScan Software Licenses (54,500 each) Note: Annual Software Maintenance must be invoiced based on budget year beginning October 1. 2011. 59,000 LICENSE FEE PAYMENT TERMS 100% Upon Software Delivery IDEAL LICENSE FEE $9,000 PROFESSIONAL SERVICES HOURS RATE/HR. TIM AMOUNT Client will install. Ship directly to client. Name (Print) T 4 - — // Dale Software License and Professional Services Agreement and Software Maintenance Agreement This Software License and Professional Services Agreement and Software Maintenance and Support Services Agreement (this "Agreement ") is made and entered into by and between Tyler Technologies, Inc., a Delaware corporation ( "Tyler'), and Brazos County, TX (the 'Client"). WHEREAS, Client desires to engage Tyler to license certain software and to provide certain professional services related thereto, all on the terms and conditions set forth in this Agreement; and WHEREAS, Purchaser desires Tyler to perform, and Tyler desires to perform, certain maintenance and support services related to the Licensed Software, as set forth below. NOW, THEREFORE, in consideration of the mutual promises contained herein, along with other good and valuable consideration, the receipt and sufficiency of which all parties mutually acknowledge. Tyler and Client agree as follows: A. Tyler shall furnish the products and services described in this Agreement, and Client shall pay the prices set forth in and subject to the terms and conditions of this Agreement; and B. This Agreement consists of this cover and signature page and the attached Terms and Conditions page. IN WITNESS WHEREOF, this Agreement has been executed by a duly authorized officer of each party he eto to be effective as of the date last set forth below, AuUwdzed Signature Name (Print) Title Dale TYLER TECHNOLOGIES, INC. SOFWARE LICENSE AND PROFESSIONAL SERVICES AGREEMENT AND SOFTWARE MAINT NANCE'AGREEMENT 1 PACE 1 OF 5 vol. 14 5 P I b7 ANNUAL MSS INCREASE 51,890 ANNUAL MCS INCREASE 51,890 MAINT. EFFECTIVE DATE Upon I nstaltation TOTAL LICE SERVICES $9,000 1. SOFTWARE PRODUCT LICENSE 1.1. License Grant In consideration for the License Fee. Tyler here grants b Client a nonexclusive, royatp ee, revocable license te use Inc Software Products or Client's interns/ admmslration, operation, andor conduct of Client's business operations by an unlimited number of users employed by Clent on an unlimited number of computers wear computer ROAMS utilized by ent. Upon Cl ends payment al the License Fee In kitl, the foregoing licenses shall hectare revocable. subject to the restrictions on use set forth herein. 1.2. Restrictions. Unless othenviae expressly set forth in this Agreement Client shall not (a) reverse engineer. de-cpmpile, or disassemble any portion of Ire Software Products or (b( sublicense. transfer, rent or lease the Software Poducl or Its usage. To the extent Client employs contractors. sutccnbactax, or other Mind partes k assist in the Project Client shall obtain from such third parties an execuled Tyler confdenba'Ittyy agreement prig to such pages being ppecrmitted access to Tyler CarddenUS and Proprietary Inbrmalon. 1.3. es. Client may make and maintain such copes of the Software Products as are reasonaf a opriale for its use and for archival and backup DDeposes; provided, however, That Client shall retain at proprietary noliws, logos. copyright polkas, and similar markings on suchcopies. 1.4. E an y 1 e r ed TNrd Paly��Software. The license grant set forth herein includes the a with h the teims condl0ons, and e censees stall by thee manufacturers used only and licenses of such embedded third party software. Tyler hereby passes Through lo Client ad warranties wanted by the omters wd focusers of embedded third party softwae, if any. 1.5. fife. Tyler represents and warrants that it is the owner of all right tide, and interest in and to the Products and all components and copes Ibereol. Nothing in this Agreement shall be deemed to vest in Cecil any ownership or nlelleclua property rights in and le Tyler's intellectual property (including, without limitation. Tyler Confidential and Proprietary Information). any components and copies thereof, or any derivative weds based (hereon prepped by Tyler. 2. RESPONSIBILITIES OF TYLER For the License Feels) sel fodh n the first page hereof, Tyler shall deliver, Instal and/or enable Tyler proprietary Software Podmt on Clients equipment and perform such other obtpations, ix!uddng the correction of defects, as set forth in Suction 6. T. RESPONSIBILITIES OF CLIENT In addition to the other responsibilities set forth herein, Cbem shad perform the fallowing: (a) designate an employee of Cent as 0s System Administrator: (b) provide erg Paining of its personnel, except and to the extent this Agreement specifically requires Tyler 10 provide training: kJ inflect prepare, and enter al data necessary ler operation of tip Softwate ProdLm ink the equip loaded with the Software Product (d) reran separate copies of records of all data entered Mk the computer equipment (e provide the computer systems into which the Sofhaahe Product wit be loaded; `B install any Software Product changes or updates into the Software Product. which are supplied by Tnkr In accordance with Ws Agreement; and (g) allow remote access by Tyler for purposes o sofwae support via a secure Mlcrosof based connection (Visit). To the extent data conversion is required, Client shall (I) daha to Tyler legacy data in at electronic SOL. ASCII dekrriled, or ether final requested by Tyler and (u) provide Tyler with a bask explanation of the delivered legacy data, including data elements and relationship explanalons. 4, PROFESSIONAL SERVICES 4.1. Set fort on tine. first page of Ibis Agreement is Tyler's good lath estimate el the hours and fees associated with th services to be performed by Tyler for Civil, including travel erne by Tyer's oenonnel from Tylees dace of business to and from Clients place of business. and for which Client shal pay on a T M basis. Additional services requested by Client which we beyond those hours detailed in this Agreement will be billed at Tykes !hen current services raes. 4.2. In the event Client purchases prefessona services hem Tyler for the p e of making Software Product charges, impragemonh, or enhancements, any such Soft Product changes, improvements or enhancements delivered (here under shell be subject to the same krona as set brill in Section 1 and subject to the sane restrictions thereon. S. FEES AND INVOICING 5.1. Lgense Fee. Tyler shat invoke to Ole Client the License Fee in a ace with the payment IBM set fodh on the first page of this Agreement, and Client shad pay such License Fee in accordance with Section 5.4. 5.2. P, so a Sen10 Ch. as. TEM charges lot el professional services to be per/timed helitUer pan by Giant in accordance with Scotian 5,4. 5.3 EE,x�ppeeinmsepsg Giese shall leinbuse Tyler be travel, lodging, and ood expenses slue and neasonatdy ucwned by Tyler in performing its professional services herein in once with Section 5.4. 5.4. Invoice and Payment Tyler shad. invoice Client kr services ant/ associated expenses herein on a monthly basis. Each invoice shat stale Inc total invoiced amount and shall be xeompanied by a reasonably detailed itemization of services and expenses Following receipt of a property submitted invoice. Cli shal pay amounts owing therein thirty expenses. in arrears. All payments shall be made In U.S. currency. Any unoisputed sum not paid when due shall bear interest at the ram or prime rate as sel kith .n We Wall Steel Journal) plus five percent (5 %) per annum or the NyhesI ram mowed by governing law, whichever is less. 5.5. Taxes. The blal Agreement Amount does not incude any tax or other iesemmen pomtons including without limitation sale x. All and use laI ssch applicable cost, any, shat be imdced separately le client and client shad pay Me same. 6. ACCEPT OF THE SOFTWARE PRODUCT 6.1. Acceptance of the Software Product by Client snail be Anal and conclusive except for latent defects, Iratd, and such gross mistakes as amount to fraud and the operation of any provision of Nis Agreement witch specifically survives acceptance. In the event said xceptan a becomes other than Ina, or becomes inconclusive, pursuant le this Secton 6, Client's sole right and remedy against Tyler therelpre shat be to require Tyler to correct the cause thereof. 61. Notwthdlendng anything to the contrary herein, Client's use of Ilk Saltware Product kr its intended purpose tOperatone Use) shad constitute Clients acceptance of Ua Solewse Protect withal exception and for a8 pupases. Upon Operational Use. are Software Products shag then become subject to the kris and conditions of the Existing MI$ Agreement 7. TYLER CONFIDENTIAL AND PROPRIETARY INFORMATION 7.1. Tyler ennidnnUyl and Prp i 1en Inlormalbr means al information in any form relating k. used n, a arising out of Tyvlferg operations and hale by. owned, ocensed, or otherwise possessed by Tyler (whether nele b , owned, licensed, possessed. a clherwise existing in on a about T premises or (Dents offices, resdene(s), or ladities and regardless of how such Information came Into being, as wet as regardless of who created, generated or gathered the information), including, without limitation, of infoaklon contained in, Terms and Conditions embccied in (in any media whosoever) or rotating to Tyler's inventions, ideas, creations. works d authorship, business documents, licenses, operations, manuals, operating data projections, customer lists and data sales dale, cost data, profit data, financial statement, strategic planning data, designs. egos. proposed Irademadks or service marks, lest resulh, producl or service literature, product or service concepts. process data, specification data, know how, software. databases, database layouts, design documents. release notes, algorithms. source code, screen shpts, and other research and development information and data. NoMlrrst en.m the !oregang, Tyler Coefidentia and Proprietary In(omudon does not include information that', (a( becomes public other than as a result of a disclosure by Client in breach hereon (b) becomes available to Client en a ran-confidential basis from a soume other than Tyler, which a not prohiNled from disclosdg such information by obligation T kr; toils known by Client prier to its receipt Item Tyler without any obligation el coffee, with respect (hereto; a (pr ¢ developed by Chem independently of any disclosures made by yler. 7.2. Protect n of Trier C�opnnfden0aalI and Proalelary letermatirr��,o Clem shag not dsdose, dissemrna e, transmit publish, distribute, mate available, or odnewws, convey Tyler Confdeneal and Proprietary Information, and Client shall not use, make, sell, our dhemnse expldl any such Tyler Con6dendo and rcprielay Information for any pose other than the parka—ranee of this Agreement, without Tyler's wnften consent except: as may be respired by law, regulation. judicial, or administrative process, or (b) as required in ideation pertanvrg to this Agreement prorided that Tyler is given a notice of such intended disclosure m order to permit II the opportunity to seek a h rotective order. Client shall ensure that dnid at all inuals assigned to perform services herein shall abide by the terms. of this Section 9.1 and shall be responsible for breathes by such persona. 7.3. Peat gje . d or Client is requested requied (by lie questions, interrogatories, requests o af information rmation or documents in legal proceedugs, subpoena. civil investigative demand, or other similar process), to disclose any Tyler Confidential and Proprietary Information, Client shall provide Tyler with prompt written notice of such request or requirement so that Tyler may seek protective orders or ether appropriate remedies andfor wane con peance with the pensions of this Agreement. If, in the aabb5seence of a gtotecdve order m or other remedy a the cepl el a waver by Tyler, Client nonetheless is legs y competed to disclose Tyler Confidential and Proprietary information to any court or tribunal or else would stand liable for contempt or suffer other censure apenalty, Caenh without fakery herein, disclose o such court a Keene' only that potion of tyler Confidential and Proprietary Inormaon which the mud requires to be disclosed, provided that Client uses reasonable efforts to preserve the cortdenbalily of Tyler Confident/at and Propnelay Inonralion, including, without li nitaaon, by cooperating with Tyler k oblan an approprae protective order or abler relable assurance 10l conbdenial treatment snail be xeoreed Tyler Confidential and Proprietary Information by such court or Inbunal, 8. LIMITATION OF LIABILITY THE RIGHTS AND REMEDIES OF ANY CUENT SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER RIGHTS. REMEDIES OR WARRANTIES AVAILABLE AT LAW INCLUDING IMPLIED WARRANTIES OF MERCHANTABULTY AND FITNESS FOR PARTICULAR OR INTENDED PURPOSE. TYLER'S LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WHETHER BASED ON A THEORY CF CONTRACT OR TORT INCLUDING NEGLIGENCE OR STRICT LIABILITY, SHALL BE UMITED TO (A) PRIOR TO OPERATIONAL USE. THE LICENSE FEE SET FORTH HEREIN OR THE TOTAL AMOUNT PAID BY CLIENT HEREUNDER WHICHEVER IS LESS, OR (Et) AFTER OPERATIONAL USE TYLERS OBLIGATIONS AS SET FORTH IN CLIENTS EXISTING MS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT SHALL TYLER BE LIABLE TO CLIENT FOR (A *DIRECT, REMOTE, IINC SPECIAL, EXEMPLARY. DUEPUNITIVE, TO AUSES BEYOND HE REASONABLEER B) CONTROL OF TYLE OR ICI ()OASES RESULTING FROM THE LOSS OF USE, LOSS OR DAMAGE 10 CLIENT 500.,RCE DATA LOSS OF REVENUES, OR FROM LOSS OR DESTRUCTION OF MATERIALS PROVIDED TO TYLER BY CLIENT. 9. CLIENT INFORMATION PA rata provided to Tyler by Client relating o Software Product shaft be considered Proprietary Into:make, of Client even though not slapped with a Proprietary Information Blaine ice similar legend or marking. Tyler agrees to use reasonable care to safeguard said Proprietary Information against disclosure to unadnaized employees of Tyler and all persons not empoyed by Tyler. ID. DATA SECURITY 10.1. The parties recognize that the purpose of a computer system consisting of equipment and software is the processing of data. as lint each C deans necessary for its such daata fix into data for the n sy gathering the data p the 0 input data, of purpose the dat into the e system, the retteva o in the smm, ant/ the dissemination on paper, o media. r��ard es d the media upon which the data ms con 1a , whether it be on reeo, ni zk a e thoss, or other m 10.2. 2. mhe parties further that (irthe data sohtcase may melone D a m rfi p n ad m Ol e. the unaut a disclosure e h migght ca u any sagege k th Diem a r C third onj l er si aol nd disebsure may l ay rake salon at any stage the prxewt and o t and q the control l l the prmeasny, dissemination, and disclosure e such ch data 6 Mat, aly wiNin n the control 3. of the e 10.3. It shall be the responsibility C lii or tae to and maintain d lie necessary Security to un on putataard and anird Ire a din discbstare um 01 or such data and to prevent its enclolosure to unauthorized parties. 11. GOVERNING LAW This Agreement shal be nterprered in accordance with the taws d the state of the domicile of Client. In the event any 01 this Agreement IS invalidated by a court or ogolabve action, the remainder thereof shall remain in full face and effect. 12. ENTIRETY OF AGREEMENT; AMENDMENTS 12.0. This License Agreement mnians al of the representations. warranties, and promises of the parties relating to the subject matter hereof, whether ore or written, and supersedes all representations, warranties, and promises at the parties relating to the subject matter hereof, whether cre or written, and supersedes all d esentalons, warranties and prances of the parties relating to the subject matter her which predate this License Agreement 12.2. That License Agreement may only be amended, modified, or charged by rotten instrument signed by bosh parties hereto. 13. APPROVAL OF GOVERNING BODY Ckenl represents and warrants to Tyler Nat Nis Agreement has hen approved by its governing body and is a binding obligation upon C1ien!. SOFWARE LICENSE AND PROFESSIONAL SERVICES AG NN,f F.µENT ANO SOFTWARE MAINTENANCE 110 EMENT I PAGE 2 OF 5 Vol. 1 t {j 5 Pg. I Maintenance and Support Sery ices Agreement This Maintenance and Support Services Agreement (INS Agreement) is made and entered into as of the Effective Date by and between Tyler Technalcgies, Inc., a Delaware corporation ('Tyler or 'Software Provider) and Purchaser. WHEREAS, Tyler and Purchaser have entered into that certain Salpware License and Professional Services Agreement (the 'License Agreement') pursuant to which, among other things, Purchases has acquired a license lo Tyler's licensed Software. WHEREAS, Purchaser desires Tyler to perform, and Tyler desires to perform, certain maintenance and support services related to the Licensed Software. NOW, THEREFORE, in consideratonof the promises contained herein, along with other goad and valuable consideration, the receipt and sufficiency of whidt al parties acknowledge, the parties agree as tolbws: 1. CERTAIN DEFINITIONS 1.1. Tens Nat Dehned. Tams not otherwise defined herein shall have the meanings assigned to such terms in the License Agreement. 1.2. Business Day means Monday Through Friday, excluding Tyler Holidays. 1.1 Business ITavremeans 7:00 am. to 7:00 p.m., Central Time during Business Days. 1.4. sigrmvengon a Ceamvenuon Prcedures means, as applied to a Docurnenled Defect, a donee n operating procedures whereby Purchaser can reasonably erred any deleterious affect of such Documented Doted.. 1.5. Defect :means any bug. error, malfunction, or other defect in the Licensed Software caused by, arising from. or emanating from the reasonable control of Tyler that renders the Licensed Software in non.conformance with Tyler's then current publshed spedacalions. 1.8. (bcwcented Deed means a Defect that Purchaser document far Tyler pursuant to Section 2,1, 1.7. Legis:ativeChage means a refinement enhancement or other medication to Me Licensed Software necessary to campy with final, statewide legislation or administrative regulation affecting all clients in Purchasers stale and penainng lo: (a) existing reports, exports, or data exchanges; (b) new reports: (c) new Bala entry fields br state reporting; (d) new fee calculations; (e) new disposition templates: If) new sentence templates; or (g) new citation templates. Legislative Changes do not irdude the expansbn of Purchaser's constitutional or operational responsibilities beyond those that exist as of the Effective Data. 1,8. Ef fective Date has Ihe meaning set onh in Section &I. 1.9. Service Leval 1 Defect means a Oocrunented Defect Iha cases (a' a complete application (alone or aopkaton unavailability: (b) application failure or unavailable in one or more Purchaser :emote kxaeors; or (c) systemic toss of multiple essential system functions 1.10. 5ervice Level 2 Defect means a Documented Defect lhal canes (a) repeated. consistent fahre of essential functionality aftecerg more than one user or (b) loss or cc/repeal el data 1.11 Senaice Le eI 3 Detect means a Service Level I Defect with an existing Circumvention Prccedlre, or a Service Level 2 Defect Inal affects only mouser or fa which there is an existing Circumvention Procedure. 1j2. SeMce Level 4 Ddecl means a Documented Defect the caus es lalum of non. essential Licensed Software hncliona lty or a cosmetic or other Documented Defect thaldoes not qualify as any other Service Level Defect. 1.13. ThIA Perynn Software means al third party software required for the operation and use by Purchaser of the Licensed Software consistent Ma the license granted to Purchaser. 1.14. Version Release means new versions of the Licensed Software that contain edtntal erpuwn Is,funceona enhancerre,s, updates, extensions, an010r maintenance Changes to be Lbansed Software. 1.15. Taler Hddave means one (1) day for a New Yeas, Memorial Day, Independence Day, Labor Day. Thanksgiving Day and do day after Thanksgiving. and Christmas day end up to two rolling holidays. The exact dale for any rolling holiday will be published on the Tyler websile in advance of Me dale. Terms and Conditions 2. END USER RESPONSIBILITIES 2.1. Occrrmenino Defects. Purchaser must document all Defects in writing wit suficient infamallan b recreate the Defector otherwise clearly and convincingly document or evidence its occurrence, Including, but not limited b, Inc operating environment. data set, user, or any other such inforrnmion Aar Tyler may reasonably request. Purchaser stall dehrer such information to Tyler concurrently with its ratification to Tyler of a Defers. Purchaser shall use al reasonable efforts b eliminate any non - application related issues prior to its nolitrcaion to Tyler of such Defect. =hiding, but not limited to, issues related to Me network, user training, Purchaseeproduced exlersicns, and data pro elerns not caused by Inc L Software. Any technical or other issue for which Purchaser requests services, but which is not a Documented Defect, shall be treated asa request for other services and governed by Section 4. 2.2. ocher Purchaser Responsibilities. Purchaser shall. (a) maintain ad required Third Person Software to the release level canpatble with Inc Installed version(s) of dm Licensed Software; (b) establish and maintain an internal help desk ia be the central pent el cant= and communication between the end users and Tyler's support stall. In the event that 01e Purchaser is unable to establish and maintain an interne help desk, Purchaser may saecl up to twenty (20) 'super users' who may contact Tyler's help desk. Tyler; (c) provide training on the Licensed Software to its errtobyees; (d) allow Tyler to instal patches and other maintenance releases provided by (e) allow remote access by Tyler lo Pvchaser's servers via a Purchaser approved remote access or other mutually agreeable probed, provided, however, Thal Purchaser acknowledges Thal failure to pmviee a timely and practical remote access method may negaively impact Tyler's ability lo perform ils respensiblilies under this M8S Agreement; (I) implement and perform apprcprioe data backup and data recovery procedures nelaled to the Licensed Software. In ro event shall Tyler be Ireb Fable br any loss or other damage Desecrated with the loss or destruction teeny data related to Me Licensed Software that Is adributable b Purchaser's failure to implement and perform such procedures on a timely and regular basis; and (g) provide onside installation, new Integration, Training, and other responsibilities with respect to Version Releases as set forth in Section 5. 3. TYLER RESPONSIBILITIES - SUPPORT SERVICES 11. PP•'lion (a) Tyler shall provide Purchaser wile procedures for contacting support staff during roan business hours 7:00 a m. to 7:00 p.m., Central Time, Monday (hough Friday. excluding Tyler Holidays) for reponirg Documented Defects, Tyler OM assail Purchaser in the diagnosis of any Documented Defect, including Me assigned Service Levet and Tyler's tracking number. (Di Pc, each reported Documented Defect, Tyler shall assign appopiate personnel lo diagnose and correct the Documented Defect. and where appropriate, identity Circumvention Procedures. Tyler's initial response shall include an acknowledgement of notice d Ihe Documented Defect confirmation that Tyler has received sufficient blorme:ion concerning Me Documented Defect and an action plan la resoling the Documented Defect and avoiding further deleterious consequences of the Documented Defect. 3.2. Service! end 1 Defects- Tyler shall provide an niece response b Service Level 1 Defects within one (1) Business Hour d receip of Ole Documented Defect Tyler shall use commercially reasonable efforts to resolve such Documented Defects or provide a Circumvention Procedure within one (1) Business Day. Tyler's responsibility la loss er corrupted data is limited b ass/thee Ihe Caunly in restoring its database to a known, accurate stale. SOFWARE LICENSE AND PROFESSIONAL SERVICES AGREEMENT AND SOFTWARE MAIN TENANG G MENT 1 PAGE 3 OF 5 vol. 1 4 5 Pg. � _-- -- coed Defects. 3.3. .Service Lest 2 Def Tyler shall provide an initial response to Service Level 2 Defers within one (1) Business Hours of receipt al the Documented Detect. Tyler shat use oamrercialy reasonable efforts to resolve such Documented Defects or provide a Circumvention Procedures within five (5) Business Days. Tyler's responsibility for loss or corrupted data is limited b assistig the County in restoring its database to a known, apurale stale. 3.4. Service Level 3 Defects. Tyler shall provide an initial response to Service Level 3 Detects within one (1) Business Day of receipt of Inc Documented Defect. Tyler steal use commercially reasonable elects to resolve such Documented Detect without the need for a Cicvmvention Procedure with a nevi Version Release. Tyler's responsibility for lost or corrupted data is Relied ro assishrg the County In restoring As database to a known, accurate stale. 3.5. Service I net 4 Detects. Tyler shall provide an initial response lo Service Level 4 Defers within fwd (2) Business Days. Tyler shall use corarertiay reasonable efforts b resolve such Documented Delecl with a Suttee Version Release. 3.6. Help Desk & Desktop Sanest Software Provider shall provide the Purchaser with procedures ler conlating appal saff during normal business hours (7..00 a.m to 7:00 p.m., Central lime. Monday through Friday, excluding Tyer Hokdays) for reporting Documented Defects or obtaining he s:desk support on general application functionality. Software provider wit provide ample help desk support; however, excessive support requirements may indicate a (rating need and reouire tee purchase of additional training time. 3.7. T; hd . , 8 - Tyler shall use commercially reasonable efforts b provide Purchaser with technical support la assist Purchaser with boubleshaot ng the loss of functionality ol Licensed Software for reasons other Ivan a Documented Defect. Tyler technical support shat he limited lo: (a) assisting the Purchaser with isolating the source d Licensed Solwae failure due to systems fever hardware, Third Parry Software, network, client -level hardware or peripherals; (b) providing recommendations lo Purchaser regarding resolulicn of said nondefecl lailuro(s); and 1c) providing Purchaser with assistance on basic maintenance and administration of the Licensed Software environment, including bask data backup and restore procedures, deployment of Version Releases, and setup ol stypaled peripheral devices for use with :he Licensed Software 3.8. 24 X7 Emergency Support. Tyler shall provide the Purchaser with procedures for contacting supped staff after Hamel business haus for the limited purposed reporting emergency appecauon unavalabiliy issues (such as a Level I Defect) wilhin the Licensed Software, Tyler shall use commercially reasonable efforts to provide the Purchaser with response set Path in Section 3.2. 3.9. Saturday technical Support. Tyler shall use commercially reasonable eats to be available for one Rescheduled Saturday of each month below assistance to Purchaser IT stag This option is wadable 0r the application or patches and lL4I release upgrades as wel as consulting with the Purchaser IT staff for server maintenance and configuration Cr the licensed software environment. 3.10. Base Version Level for Correction. Tyler shad correct or otherwise cure Documented Defects N the current Version Release of Licensed Software made available to Purchaser and either the iranediatey preceding Version Release or al Version Releases released to Purchaser withn the prior one (1) year, whchever is greater. 3.11, Escalation Pmredsrq. II Tyler Is unable lo resolve any Service Level I a Service Level 2 Defect as provided in this Section 3. Purchaser ma/ immediately escalate the issue t0 Purchaser's If Neckar and Tylers Director of ChenI Services. Tyler and Purchaser wit use good faith reasonable efforts to meet discuss, and agree upon a resolution an ter the affected Detect. II Purchaser's IT Director and Tyler's Director d Client Services cannot agree upon an aaeplable resolution plan within 24 hours cI such initial escalation, or such other reasonable lone as the parties may agree, Purchaser may further escalate the issue to Purchaser's Slate Court Administrator and Tyler's Division Chief Operating Officer or Division President who shall have final authority to negotiate an acceptable resolution pan. 3.12. Legislative Charge Support Tyler will use id commercially reasonable efforts to implement Aisle* Changes within the time Games set brlh in the appticade legislation regulation. but in any event in Nenexl Version Release, Tyler's scle liability ter implementing Legislative Charges in any catenoar year shat be limited lo the number of hours of programming services, al Tyler's Nen current hourly rates. equal to not more Nan 20% of the total Annual Mdntenance Fees lathe Licensed Software pad by al dents with Legislative Change Support in Purchaser's stale during such calendar year; to theextent additional programming services are required, such services shall be blld to Purchaser al Tyler's !hen current hourly rates. Ndwithstanding Inc foregoing, Purchaser shall be responsible ter Inc cast of any other services regrired to implement a Legislative Change. including, About limitation, training, configuration, project management or data conversion. Upon the mutual determination of the need la a Terms and Conditions Legislative Change that exceeds the imitations set lath above. Tyler steal provide Purcnaser with a written statement identifying the lolal number of hours that Tyler is liable for Legislative Change Support as calculated above plus a good faith eslimate of the additional cost to Purchaser. Such Watkins costs, if any, shall be prorated as a percentage of Annual Maintenance and Sup pal Fees among al dtenls in Purchaser's state with Legislative Charge Sup pan. 4. ADDITIONAL SUPPORT SERVICES Purchaser may request support services in addition to the standard maintenarce offering (a 'Service Request'). Such other support services may include, without 'irritation. services related b: (a) additional training; Ib) technical assistance; (c) programming services; (d) installation ol add on components; ardtor (e) business analysis. Tyler shall provide to Purchaser a widen response to the request which describes in detail the anticipated impact of the request on the existing Licensed Software, the time retailed to perfoml such services, an implementation plan, and a schedule of the fees related thereto. Fees for additional support services shall tie Nee by Tyler drecly to Purchaser and shall be invoiced monthly. which shalt be due and payable in accordance with Section 7.2. 5. VERSION RELEASES Tyler steal nolity Purchaser of the occurrence of a new Version Release and shall provide Purchaser with such Version Releases for the Licensed Software. The delivery of each Version Release shall include a compete, instalede copy of the Licensed Software, logelher with release motes are other appropriate documentation. Purchaser shall, al its own expense, be responsible for any Installation assistance, new integration, and training with respect to each Version Release that falls outside of the mantenanceservices set forth in this Software Maintenance Agreement. The resolution of any version upgrade installation dilfculties experienced by Purchaser as the resUt ol inadequate release documentation, detect instillation software or procedures will be at no charge m Purchaser, 6. THIRD PERSON SOFTWARE 6.1. Notice of New Third Person Software. Tyler shall provide Purchaser with advanced notice of any mandated new Third Person Solware revision that shall be required to bag a Version Release Tyler shat use canmtttialy reasonable efforts to minimize the need la Purchaser to rely upon updates of Third Person Software. 6.2. Tyler Certification. At Tyler's expense, Tyler shat certify the compatibility of Third Person Software components used by the Licensed Software and maintain a list of supposed Third Persian Software release levels, Version Releases shall be certified to supposed versions of ale required Third Person Software. Tyler shall certify new releases ol Third Person Software Mden a reasonable timehame. 6.3. C93k. Purchaser is responsble for all costs associated with instating and maintaining Third Person Software versions that are identified on Tylers list of ceNled Turd Person Software, 6.4. Maintenance. Purchaser is responsible for maintaining sotwae mainlenancehipdate agreements with Third Person Software vendors at Purchases expense. Al Inc request of Pure:laser, Tyler shall participate wish Purchaser in discussions with Third Person Software providers on all software maintenance issues. 7. FEES 7,1. Annual Maintenance Fee. Purchaser shall pay Tyler the annual maintenance ard support lees as set forth on and in acordarre with the limelables on the firs! page of this Agreement (the 'Maintenance and Support Fees'). Upon the bsI and second anniversaries of Inc Effective Date. the Annual Maintenance and Support Fee shall he increased by no less than 0% and no more Nan 5% annually. 7.2 Each invoice shall include, al a minimum, the total invoiced amount and a reference to the specific items being invoiced under this M&S Agreement. Following receipt al a properly submitted Invoice, Purchaser shall pay amounts owed within Pity (301 days. All payments seal be made in U.S. currency, Any undisputed sum not pad when due shall bear interest ale rale of prime rate (as set forth in the Wall Street Journal) plus five percent (5%) per annum or the highesl rale Slowed by governing law, whichever is less. 72 Maintenance on Purchaser - Specific Customer Enhancements. The annual Maintenance and Support Fee may be further increased by agreement of the Parties with respect b (a) maintenance and support of Purchaser- Specie Customer Enhancements requested by Purchaser and (h) material functional enhancements contained in new Version Releases Thal are not merely technical Improvements, updates. extensions and/or maintenance changes to the Licensed Software. Puchaser will have the option to accept adeclne any such maerial functional enhancement that would result in an increase in the Maintenance and Support Fee withal affecting Purchasers entitlement to receive the remainder of any Version Release in which such enhancement Is offered. SOFWARE LICENSE AND PROFESSIONAL SERVICES ARE AND SOFTWARE MAINTENANCE AGREEMENT !PAGE 4 OF 5 Vol. I Pg. I 7.4. S,fi pension o1 Se^^:'es 10, - oavmenl. Tyler may suspend its performance el services hereunder during any period for which Purchaser does not pay any undisputed Maintenance and Support Fees la a period 0111moexceeding sixty (50) days. Tyler shall promptly reinstate nanlenace and suppal services upon receipt of payment or all undisputed Maintenance and Support Fees, iclteing alt such fees for the period(s) during which serrices were suspended. I, TERM ANDTERMINATION 8.1. Term. Tuts MIS Agreen'enl shall commence In accordance with Section 8.2 of the License Ayremrent (the *Effective Date) and shall continue in effect for a period of one 11) year; provided, however. That at the end an such initial lean, and on each subsequent anniversary of the Effective Dale, the lam shall auto,matcaly extend tor an additional year unless a Pant provides, at least ninety (90) days prior lo.the end el the then current lens, written notice that it does not wish to extend the term or otherwise terminates die agreement as provided in this Section 8. 8.2. Terminadan by Purchaser ai the End cI a Term. Purchaser may terminate this MIS Agreement elective as an the end of the initial lean d any suosequenl term by giving not less Than ninety (90) days' notice of its intent to terminate. Purchaser may, at its option, reinstate maintenance by providing Mlice lo Tyler and making payment of fifty percent (5094) of each year's Maintenance and Support Fees that would have been owed ey Purchaser during the lapsed period plus the Mainlenanse and Support Fees ler the then upcoming maintenance yea. 8.1 Termination by Purchaser ton Cause. Purchaser may terminate this MdS Agreement br 'cause' in accordance with this Section 8,3. For purposes of Itis Section, 'cause' means a continuous a repeated failure m cure Doccmenred Delects timely as provided in Sececo 3. In such event, Purchaser shalt detwet written notice al its intent to Marinate along with a description n reasonable detail of the problems for which Pmahawer is Invoking its right to terminate. iodating such notice, Tyler aha0 have ninety (90) days la cure such problems. Following such ninety (90) day period, Tyler and Purchase shall meet to discuss any outstanding issues. In the event Nat' cause stilt exists at the end of such period, then Purchaser may terminate This Agreement In the event of a termination under this subsection, Tyler shall mush all Ironies pad to Tyler by Purchase under this MdS Agreement for Inc remairder of the then current maintenance period. 9. LIMITATION OF LIABILITY TYLER'S LIABILITY TO END USER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH 1115 MSS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT UABILITY, SHALL BE LIMITED TO FIXING DEFECTS IN ACCORDANCE WITH SECTION 3 OR AS OTHERWISE SET FORTH IN SECTION 8.3. IN NO EVENT SHALL TYLER% LIABLE TO END USER FOR INCIDENTAL. CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND. INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS. OR 1059 OF BUSINESS OR LOSS OF DATA ARISING OUT OF P115 AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE, 10. V*SPUTE RESOLUTION The parties apee to use good fait, reasonable efforts to meet, discuss, and by b resolve any disputes arising acid, a relating to, this MSS Agreement for a period d sixty (60) days. The Terms and Conditions panes shall include in any such internal meetings person with appropriate knovAedge and authority, including, without imitation. Purchasers Information Technology Manager and Tyler's Support Manager. Any negotiations pursuant to this Section 10 are confidential and shape Treated as compromise and setlCmenl negotiations Mr purposes of the applicable rules d evidence. For any dispute that Inc t Parties are unable to resolve through informal discussions or negotiations, the Parties shaft submit Inc mailer to binding arbitration, which shall be governed by the rules of the American kbibabon Association. My award or other rebel grantee oy the arbitrators may be enforced in any court of competent jurisdiction. 11. MISCELLANEOUS 11.1. Assignment. Neither party may assign this 1469 Agreement a any o1 is respecywe sigh's or oblgalions herein lo any Third party without the express written consent of the other perry, 11.2. Notices. Except as otherwise expreuty spoiled herein, all notices, requests or other communications shag be in writing and shalt be deemed to have been given 8 delivered personalty or mailed, by cer8fed or registered mat, postage prepaid, return receipt requested, to the parties al their respective addresses set forth an the signature pane. or at scch other addresses as may be spoofed In writing by either of the parties. AU notices, requests, ar comnemicabans shall be deemed effective upon personal delivery or three (3) days ldlvwug deposit in the mail. 11.3. nlerparts. This MdS Agreement may be executed in one or more counlerpen5, each of which shall oe deemed an aigind, bul all of *Nth together shall constitute one and Inc same instrument. 11.4. Waiver. The performance of any obligation required of a party herein may De waved only by a wdtlen waiver signed by the ether Parties. Mann waiver shall be effective only with respect to the specific obligation described therein. 11.5. F Agreement. rhb Md5 Agreernenlconstitules the entire understanding and contract between the panties and supersedes any and all prior or contemporaneous oral as wotten representations or communications with respect to Inc subject maner hereof. 11.6. AnRMmunt Thls MdS Agreement shall not be modified, amended Of in any way altered except by an instrument n waWSg signed by the properly delegated authority of each Pay.. M amendments or npdilications of this MSS Agreement shalt be binding upon the parries despite any lack of consideration. 11.7, Gravamina l aw. Any dispute arising oat Of relating to Nis MSSAgreement or the breath thereof shall be governed by the laws of the slate of the domicile of Purchaser, wilhoul regard 0 or appnadon al chdce ()Haw rules on principles. 11.8. No Third Party Beneficiaries. Nothing in itt MIS Agreement s intended to benefit, create any rights in, or olhenvise vest any rights upon any third poly. 11.9. Contra Preferentem. The doctrine of coma prderentem shall not apply to this MIS Agreement. 11 an ambiguity exists in Ibis Agreement or in a specific provision, neither the Agreement any Inc provision shall be =paved against Inc party who dratted the MIS Agreement or provision. SOFWARE LICENSE AND PROFE AL SERVICE BFE MENT AND SOFTWARE MAINTENANCE AGREEMENT 1 PAGE 5 0F 5 Commissioner Court Date: April 5, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Ag Extension Budget Office Expo SO — Jail PERSONNEL CHANGE OF STATUS REQUESTS Approved in Commissioners' Court: April 5, 2011: County Judge's or Commissioner's Signature (This Copy to be attached to minutes) Employee Request Applies To Vol. 145 Pg. 1 I a Action Requested Hoffman, Alyson New Hire Means, Nina New Hire Hengst, Karl New Hire Patranella, Kevin Resignation IT Turnipseed, Tate Cell Phone Allowance David, Amanda Resignation Hudson, Garrett New Hire