Loading...
HomeMy WebLinkAbout2008-01-08-9:00 AM-REGULAR 1 MP v -A � 2cw8 � N 11 . gip/ ��— +;��,� ��_ � .I ( _ per. II BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT I •III , THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 8 JANUARY 2008 AT 9:00 A.M. IN THE COMMISSIONERS ' i COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115,BRYAN,TEXAS. ,s 1. Invocation and Pledge of Allegiance—Commissioner Mallard. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3—22: II I 'E 3. Request from Human Resources for a temporary full-time position to scan all Human Resources documents into storage, as well as current, terminated and retired employee 1, files, with funding for the position from the County Records Management and Preservation Fund. I, 4. Reclassification of the following positions in the Road&Bridge Department: a. Mechanic, Class 2631, Position 1, Group 17, Step 2: close this position, thereby • distributing the already budget amount of$32,593.00 as follows: b. ROW Agent, Class 2613, Position 1, Group 21, Step 10 currently $48,397.00; reclassify to Group 26, Step 12 @$65,101.00. r ) c. Area Supervisor, Class 2607, Position 3, Group 23, Step 2 currently $43,848.00; reclassify to Group 23,Step 7 @ 49,612.00. d. Area Supervisor, Class 2607, Position 4, Gropu 23, Step 5 currently $47,233.00; i reclassify to Group 23, Step 7 @$49,612.00. e. GIS Coordinator, Class 2611, Position 1, Gropu 26, Step 6 currently $60,449.00; ''I reclassify to Group 26, Step 11 @$63,509.00. li Office of the County Judge • 300 East 26'"St. • Sutte 114 • Bryan,Texas 77803 • Fax (979)381-4503 V0L104 PAGE 2.2.0 I., • i 1 , iii i Commissioners Court Agenda + 8 January 2008 Page I' l u 5. Budget Amendment 07/08-12.1 thru 12:3. 6. Personnel Change of Status. . ,1 • 7. Purchase and Sale Agreement for five (5) acres of land in Bryan from Stanford N, Inc., I and payment of$5,000.00 earnest money to University Title Company. II ii I 8. Payment of Claims. I 9. Order #08-002 prohibiting outdoor burning in Brazos County for ninety (90) days, I effective immediately. y10. Resolution 08-001 supporting a regional concept for alignment of Interstate 69 by a ii 4 study group of regional partners formed in response to the anticipated release of a draft Interstate 60 Environmental Impact Statement. ®` ll l 11. Resolution 08-002 authorizing the filing of a grant application with the Brazos Valley Council of Governments for a regional solid waste grants program grant. 12. Interlodal Agreement between the City of Bryan, the City of College Station and � Brazos County authorizing the City of Bryan and the City of College Station to provide paid emergency medical ambulance services to Brazos County. 13. Renewal of the Microsoft Enterprise Agreement through SHI Government Solutions, providing licensing for all Brazos County desktop operating systems, our Windows Server operating systems, our Microsoft Office application suites, server applications and other Microsoft applications. Term of agreement is three years through 2010. it 14. Requisition #00016105 in the amount of$67,760.00 to SHI Government Solutions t uttons for 11 the 2008 payment as stipulated in the Microsoft Enterprise Agreement. 15. Capital Requisition #00017253 in the amount of $161,949.00 to Dallas Dodge for budgeted vehicle purchases. 16. Capital Requisition #00017320 in the amount of $41,276.00 to Planet Ford for the purchase of two 15-passenger vans for the Jail Division of the Sheriff's Office. 17. Capital Requisitions as follows for the purchase of furniture for the Emergency Management Department's use in the Joint E.O.C.: a. #00017316 in the amount of$25,467.48 to Wilton's Office Works; I b. #00017317 in the amount of$4,706.78 to Hodges Business Interiors; c. #00017318 in the amount of$1,585.53 to Grainger for the purchase of furniture. 11 18. Acceptance oft a Special Warranty Deed from Diebel Family Partners, Ltd. for improvements to Mumford Road located in Precinct 4. Ii pi VOL (04PAGE P-,2-t 0 • F a Commissioners Court Agenda • !< 8 January 2008 •Page 3 19. Request from the 7711 Corporation to place approximately 0.3 mile of temporary 3- inch poly water line above ground in the right of way of Coyote Run. Temporary water will be removed upon completion of the company project. Site is located in Precinct 2. • • 20. Out of state travel request from the Precinct 4 Constable's'Office for Constable Butler to attend the State and Local Law Enforcement Training Symposium in Wichita; KS. I Dates of travel are 7-10 January 2008. 21. • Payment Authorization in the amount of $3,032.76 to Deer Oaks EAP Services; a purchase order was not obtained in advance. 22. Payment Authorization in the amount of$147.20 to the LaSalle Hotel for the lodging of witnesses who testified in a recent trial; a purchase order was not obtained in advance. Ili23. Acknowledgement of the Monthly Reports submitted in December 2007. These reports are available for review in the County Judge's Office. • 24. Announcement of interest items and possible future agenda topics. 25. Call for citizen input and/or concerns. 't 26. Agency/Board/Committee reports by Court members. 27. Adjourn '11$ I' 1 ik III The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before th meetin . To arrangements,call(979)361-4102. VOL f04 PAGE S e: .. ( 0, , , , or , BRAZOS COUNTY �� BRYAN, TEXAS I' 1 NOTICE OF ADDENDUM j • TO THE AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT-WILL MEET IN REGULAR SESSION ON TUESDAY 8 JANUARY 2008 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE 0' BRAZOS COUNTY COURTHOUSE, 300 E. 26'" STREET, SUITE 115, BRYAN, TEXAS. In addition to the regular agenda, the Commissioners Court will consider and take action on the following item(s): 1. Reclassification of the following positions in the Road&Bridge Department: II ■ a.Delete Mechanic position,Class 2631,Position 1, Group 17,Step 2. ' b. ROW Agent,Class 2613,Position 1,Group 21, Step 10 to Group 26,Step 12. c. Area Supervisor,Class 2607,Position 3, Group 23, Step 2 to Group 23, Step 7. d. Area Supervisor,Class 2607,Position 4,Group 23,Step 5 to Group 23,Step 7. le. Pavement Management,Class 2615,Position 1,Group 20, Step 2 to Group 20, j, Step 6. • f GIS Coordinator,Class 2611,Position 1,Group 26, Step 9 to Group 26,Step j 11 gg 2. Reclassification of the following positions in the Justice of the Peace,Precinct 3: bi I a. Clerk III,Class 0615,Position 1,Group 12,Step 10 to Group 12, Step 9. 1 ! b. Clerk I,Class 0604,Position 1,Group 10,Step 5 to Group 10,Step 3. ,N c. Court Coordinator,Class 0608,Position 1,Group 14, Step 11 to Group 14,Step 13. d. Change Clerk III Job Title,Class 0133,Position 1,Group 10,Step 3 to Clerk I VOL 1:CA PAGE a ØH • COMMISSIONERS' COURT REGULAR MEETING Ij JANUARY 8, 2008 • • A regular meeting of the Commissioners ' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9: 00 a.m. on Tuesday, January 8, 2008 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; j Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr. , Commissioner of Precinct 4; Karen McQueen, County Clerk. . The attached sheet contains the names of the citizens and officials that were in attendance. ('I Commissioner Mallard gave the invocation and then led the pledge of allegiance. ci There was no citizen input/and or concerns. The next matter was a request for a temporary full-time position to scan all Human Resources documents into storage, • �{ as well as current, terminated and retired employee files, . p with funding for the position from the County Records I Management and Preservation Fund. On motion by the County • j Judge, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Human Resources Vol loL Page aa14 • i � I 4 { Commissioners Court meeting January 8,2008 2 Department. II, The County Judge deviated from the agenda and considered n 11 lE the addendum to the agenda. This is a reclassification of ti it positions in the Road & Bridge Department. On motion by 1 1 # Commissioner Peters, seconded by Commissioner Wassermann, the Y 1 {; Court voted unanimously to approve the reclassification of positions . A copy of the request is attached. Demetrios } Basdekas spoke in favor of the reclassifications and suggested i 4 ss a new position to help with technical and structural decisions Ifor safety. The County Judge continued with the addendum to the agenda and considered item 2 that was the reclassification of positions in the office of Justice of the Peace, Precinct 3. ! Commissioner Peters moved to approve the reclassification. Commissioner Mallard seconded the motion. Commissioners Wassermann, Peters, Mallard and Caurey voted "Aye". The County Judge voted "No". The motion carried. Commissioner Peters I pointed out that both requests were accomplished without an 1111'1 1 increase to the departmental budget. A copy of the request is V; attached. !'' The Court next considered Budget Amendment #07/08-12 . 1 I', through 12 . 3 that would transfer funds from Contingency to !'I j!i, County Records and Preservation Fund, reallocate funds for i l' Vol 104 Page a , i 1 4 y� [ 12 • Commissioners Court meeting January 8,2008 3 Capital Projects-Commissioner' s Court, and the Road & Bridge Department. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The next matter before the Court was consideration of was the reclassification of positions in the Road & Bridge I�� d Department. On motion by Commissioner Peters, seconded by • Commissioner Wassermann, the Court voted unanimously to remove this item from the agenda. The Court proceeded to consider the change of status of (, employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve Y� Y the changes as submitted. The Codrt next considered the following Claims as submitted by the County Treasurer for payment: 7045213 through 7045403 On motion by Commissioner Cauley, seconded by Commissioner 11, Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a purchase and sales agreement for five (5) acres of land in III tiI Vol j olt Page a a-1P I i II Ili; 1 I Commissioners Court meeting January 8,2008 4 Bryan from Stanford N, Inc. , and payment of $5, 000. 00 earnest ■ Ii money to University Title Company. On motion by Commissioner III it Wassermann, seconded by Commissioner Cauley, the Court voted 4 unanimously to approve the purchase and sale agreement. A t copy is attached. IIi The next matter for consideration by the Court was I! $ consideration of Order No. 08-002 Prohibiting Outdoor Burning in Brazos County. Chuck Frazier, Emergency Management of:.; 1 Coordinator stated that the KBD Index was not really high but t he was still requesting a ban based on the recommendations of 4 the fire chiefs, the wind speeds and fuel level. On motion by 1 Commissioner Peters, seconded by Commissioner Wassermann, the 1 Court voted unanimously to approve Order No. 08-002 i I Prohibiting Outdoor Burning in Brazos County. A copy is attached. d ti 4 The Court next considered Resolution 08-001 in support of Interstate 69. Michael Parks with the Brazos Valley Council rI of Governments explained this route. Commissioner Peters I b i I voiced some concerns about the plan and how it affects the yrural American Trans Texas Corridor or Highway 69 plan. On ji motion by the County Judge, seconded by Commissioner Mallard, I . II the Court voted unanimously to adopt Resolution #08-001 'l, supporting a regional concept for an alignment of Interstate � I Vol Ib4 Page a,a- II', I �} N I , • Commissioners Court meeting January 8,2008 5 69 by a study group of regional partners formed in response to the anticipated release of a draft Interstate 69 environmental impact statement. A copy is attached. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to adopt Resolution #08-002 authorizing the filing of a grant application with the Brazos Valley COG for a regional solid •waste grants program grant; authorizing Laura Tankersley, Executive Director of Keep Brazos Beautiful, Inc. to act on behalf of Brazos County in all matters related to the applications; and pledging that if a grant is received, Brazos County and Keep Brazos Beautiful, Inc. will comply with the grant requirements of the Brazos Valley COG, the Texas Commission on Environmental quality and the State of Texas. A copy of the grant application is attached. The next matter for the Court' s consideration was an Interlocal Agreement between Brazos County and the Cities of Bryan and College Station to provide emergency Medical • Ambulance services to the unincorporated areas in Brazos County. This is authorized by the Interlocal Cooperation Act, } V.T.C.A. Government Code Chapter 791. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to enter into an Interlocal Agreement with the Vol 1o4 Page a I i I. II Commissioners Court meeting January 8,2008 6 cities of Bryan and College Station to provide emergency medical ambulance services to the county. A copy is attached. The next matter before the Court was consideration of a request from the Director of the Information Technology tt 1 DHp mvenrt n mten t ew o o En pois e fAg me nthr year agreement is $203, 280. 00 . On motion by Commissioner I I. $f. Cauley, seconded by Commissioner Peters, the Court voted I'. unanimously to approve the request. A copy is attached. 1\ The Court next considered a request from the Director of the Information Technology Department to approve requisition #00016105 for $67, 760 to SHI Government Solutions for Brazos County' s Microsoft Enterprise Agreement. On motion by 1 Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. Cr The next matter before the Court was consideration of requisition #00017253 in the amount of $339, 453.00 to Dallas Dodge, Inc. covering vehicle purchases. On motion by • I Commissioner Peters, seconded by Commissioner Wassermann, the 4 Court voted unanimously to approve the requisition. The Court next considered requisition #00017320 in the ti amount of $41, 276. 00 to Planet Ford 6 for the purchase of two (2) 15-passenger vans for the Jail division of the Sheriff' s 1. I. t Vol loo Page p a9 G I 1 10 i t 1 A 1i , h III j Commissioners Court meeting January 8,2008• 7 Office. On motion by Commissioner Peters, seconded by 1 Commissioner Mallard, the Court voted 'unanimously to approve • the requisition. The next matter before the Court was consideration of three requisitions for the purchase of furniture for the Emergency Management Department' s use in the Joint E.Q.C. : a. 00017316 in the amount of $25, 467 .48 to IWilton' s Office Works b. #00017317 in the amount of $4, 706. 78 to • Hodges Business Interiors c. #00017318 in the amount of $1, 585. 53 to j, Grainger li On motion by Commissioner Peters, seconded by Commissioner '', ! Mallard, the Court voted unanimously to approve the III requisitions. The Court next considered acceptance of a Special I'I Warranty Deed for right-of-way on Mumford Road in Precinct 4 . I'' ;, ii On motion by Commissioner Cauley, seconded by Commissioner kPeters, the Court voted unanimously to authorize the County • ii 4 Judge to accept on behalf of Brazos County a Special Warranty II Deed from the Diebel Family Partners Ltd. for the expansion • i( and improvements to Mumford Road. The Court next considered the request from The 7711 "'' $ Corporation to place approximately 0. 3 mile of temporary 3 f inch poly water line above ground in the right-of-way of il Coyote Run located in Precinct 2. The temporary water line Vol Ivy Page 23a II ,I �. u 4 k . i1 Commissioners Court meeting January 8,2008 8 I will be removed upon completion of company project . The County Engineer stated that all appeared to be in order and k recommended approval. On motion by Commissioner Peters, 'I seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from 7711 Corporation and ps ' authorized the installation. A copy of the request is attached hereto. ® s The next matter for consideration by the Court was a ,, request submitted by Constable, Precinct 4, Isaac Butler, Jr. 1 seeking approval for out of state travel for himself. He will be traveling to Wichita, Kansas, to attend the State and Local s Law Enforcement Training Symposium January 7-10, 2008 . On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to remove this from the agenda as Constable, Precinct Butler will not be able to attend after 1 ii all. {' The Court next considered a payment authorization to Deer 1 Oaks EAP Services in the amount of $3, 032. 76 for charges for 1 the months of January, February and March. No purchase order 1 was obtained. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a Vol I ott Page a3I ii EI ry r H II/0 Commissioners Court meeting January 8,2008 9 payment authorization in the amount of $147.20 to the La Salle Hotel for lodging of witnesses who testified in a recent trial . A purchase order was not obtained. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court acknowledged receipt of and order filed as submitted the Treasurer' s report for December 2007. A copy is attached to and made a part of these minutes. • Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) The EOC finish date was set for January 31st 1 but it looks like the elevator may be delayed. The more likely date is mid March. w b) He is working on the Brazos Valley Communication System. This is a wide area radio system. It is going to tie in with w Houston. The next meeting will be January 9, 2008. Commissioner Cauley a) He thanked everyone for their calls and prayers. He has knee replacement surgery • scheduled this month. He thanked Carlos for the wheelchair ramp. Kristy Roe, Tax Collector a) She introduced a new Appraiser Mark Price. There was no citizen input and/or concerns. 4 Vol ( o Page 23a �II • d , Commissioners Court meeting January 8,2008 10 There were no Agency/Board/Committee reports by Court members . There being no further business to come before the Court, the meeting was adjourned. 1i S'. Vol I0 Page 233 dir ler 1 f • I The foregoing minutes of the Commissioners Court meeting held k January 8, 200/ have been examined and are approved in open Court this the o2.0 day oft/ , 2008, in Bryan, II Brazos County, Texas. /41b ' Randy S . s Lloyd assermann Count Judge Commissioner, Precinct 1 C:::X.S� • ' Duane Peters Kenny Mall Commissioner, Precinct 2 Commissione , Precinc 3 I I dJ5cN 7 Carey Cauley, Jr. Commissioner, Precinct 4 yy 1 a P Attest: 6 c t Karen McQueen t. County Clerk ill ii ii , gyp i 44y LI l Vol /0`i Page a23 'I it I ill BRAZOS COUNTY 111 , COMMISSIONERS COURT - _ � DAY OF � -_ 2 AT 9'0 WU Name Organization • ' RIC Citt o e 17- , 1 ,Glitt ' i ; r . . . -7-cc M pi « &2 0 'd..r _ TS Ce c 1 . d 1 r4 V./2-4—, i flats 1 r i / ec____. Vcti'h e CO n►■Gir iVOL (0� PAGE 23-5 } 3, • BRAZOS COUNTY COMMISSIONERS COURT arg, DAY OF _Oza 20df AT 9:00 AM/ Name Organization • r 3/42 ji'llll i tittQ I`" ift( rra Si COG (14-Wes Bain X- 19ff • 'j _ lit:.I., $ PwJL�/ ; A% -r- . t'- i cam_ As-7 III I.: ~ - , It -li 4,--111 t4 -e..nr\.kPrSAtatate Nla jI VOL fog PAGE 2.347 ,I • I .0 Wl3'/f--./ • i 1 BRAZOS;COUNTY ROAD AND BRIDGE DEPARTMENT ii Memorandum To: Randy Sims,Brazos County Judge Lloyd Wasserman, Commissioner Precinct 1 E. Duane Peters,Commissioner Precinct 2 Kenny Mallard,Commissioner Precinct 3 Carey Cauley, Commissioner Precinct 4 Candy Gallego,Exec. Assistant/Cm. Court Ruth McLeod,Administration From: Richard F. Vance,P.E. U/ County Engineer Date: January 2,2008 • Subject: Road and Bridge Job Position Reclassifications it II Please consider reclassifications of the following positions in the Road and Bridge Department: Close Mechanic, Class 2631, Position 1,Group 17, Step 2 thereby distributing the already budgeted amount of$32,593.00 as follows: ROW Agent-R&B/Cls 2613/Pos 1/Grp 21/Stp 10/currently$48,397.00-reclassify to Group 26, Step 12 @$65,101.00 Area Supervisor-R&B/Cls 2607/Pos 3/Grp 23/Stp 2/currently $43,848.00-reclassify to Group 23, Step 7©$49,612.00 Area Supervisor-R&B/Cls 2607/Pos 4/Grp 23/Stp 5/currently$47,223.00-reclassify to Group 23, Step 7 @$49,612.00 Pavement Mgnt Specl-R&B/Cls 2615/Posl/Grp 20/Stp 2/currently$37,812.00— reclassify to Group 20, Step 6 @$41,731.00;change due to added responsibility GIS Coordinator-R&B/Cls 261I/Pos 1/Grp 26/Stp 9/currently$60,449.00— reclassify to Group 26 Step 11 @$63,509.00;change due to added responsibility The above changes total $31,866.00 which does not exceed the available $32,593.00. Your consideration and approval of the aforementioned changes is great appreciated. H APPRO.'' D: .- VOL )0`{PAGE a3] Ran. ims, County Judge da:teLW I ; ot GEORGE H. BOYETT Justice of the Peace, Precinct 3 MEMORANDUM TO: Commissioners Court FROM: George H Boyett, JP 3�. DATE: January 4, 2008 f� ti SUBJECT: Request for Personnel Action—Merit Pay Increase for Barbie Lewis 1. This request is to increase Barbara Ann Lewis (Emp. No. 2131 —Hire Date 08-30-78) from Group 14, Step 11 to Group 14, Step 13. 2. Barbie is the Court Coordinator for this Court and has worked in this position for more than fifteen years of exemplary service. She is a single mother with a daughter in high • school and a son in the Marines. Her last merit increase was in November of'04. 3. This department has had a vacant Clerk III position since the beginning of November 2007. This position is being filled this month with promotions of the current Clerk II and 11 current Clerk I creating a vacancy at Clerk I. A new hire will fill the Clerk I vacancy this month. 4. The Clerk I position is being filled at Group 10, Step 2 ($11.00 hourly) initially with a possible increase to Step 3 ($11.28)after a probationary period. The position is now budgeted at Group 10, Step 5 ($11.85). 5. The result for this year will be within the funds budgeted for this department. The Budget Officer has reviewed this plan and indicated approval. it 6. Barbies's current annual salary is $35,108.00 (hourly$16.75) (Group 14, Step 11).The change is requested to hourly$17.60 (Group 14, Step 13). This results in an increase of$68.00 per pay period for the remainder of the year. 7. Favorable consideration would be appreciated. • itafreof APPROVED: L- Randy . ms,County Judge date VOL )i4 PAGE ,23S • • ` ,R aki BRAZOS COUNTY,TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO.07/08-12.1 thru 07/08-123 On this the 816 day of January 2008 at a regular meeting of the Commissioners'Court,the following members were present: . Randy Sims,County Judge,Presiding Lloyd Wassemiann,,Commissioner, Precinct 1 ' E. Duane Peteis,Commissioner;Precinct V G. Kenny Mallard,Commissioner,Precinct 3 Carey Cauley,Jr.,Commissioner,Precinct 4 Karen McQueen,County Clerk C The following proceedings were held: I' THAT WHEREAS,on 8 January 2008 the Court heard and approved a budget amendment for the 2007-2008 budget year for Brazos County,Texas;and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted I 1 September 2007,the following amendment(s)to the original budget are hereby authorized,as described on the attached page(s). ADOPTED AND APPROVED this the 816 day of January 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS. �h. By Al eas..4✓/4" Randy Sims ounty dge Original: County Clerk's Office and attached to the original budget Copies: County Auditor li County Treasurer County Budget Officer Commissioners'Court Minutes VOL I 0 PAGE og i I I f BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.07/08-12.1 1/8/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1900 50000100 61130000 CR Contingency 17,753,00 1900 50000100 51640000 DR Hourly-Temporary 16,456.00 1900 50000100 53100000 DR Social Security 1,259.00 1900 50000100 53800000 DR Workers Comp. 38.00 t ir Comity Records and Preservation Fund: „ . , :I To create a full time temporary position to scan documents in the various County departments. I Funding shall come from the County Records and Preservation Fund effective 1/14/08 @$11.00 per hour. • 11 ' 11 11 Departrae t Aggro al barb Prepared By: if) Date: 12/21/2007 #1 iliAr.„4:4-4-144144-444.-: /tit 710 411 County Ju •e Approval Date 1,11 ■ VOL tOgPAGE 20 11 �f ' p f b BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No. 07/08-12.2 1/8/2008 FICT 4500 UND 6300D 10V500 6734AC2000 PROJ DR/C[ rnIture CR Furniture ACCOUNT NAME Increase Decrease 4500 63000500 60360000 DR 15,218.24 15,218.24 f4 It Capital Projects-Commhsloaers'Court: To move funds to provide for the purchase of furniture items under$500 in the proper account. 11 ®1 i 1 II • 1 • B • '` 11111., DeparUn App • al Prepared BY: 1 Date Date: 1/3/2008 VAR / CountYJu• • • *revel Date g i VOL I DL'PAGE 9--41 }. 1 i 1 34 il II III II BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.07/08-12,3 II 1/8/2008 FUND DIV ACCT PROD DR/C[Hourly Ii ACCOUNT NAME Increase Decrease I 0100 56001000 51610000 CR alary-Staff I'I 0100 56001000 51300000 DR -Staff 19,765.00 19,765.00 t 1 i, 1 {I . 'I II { Road&Bridge Adminbtratioa I, To close Mechanic,Class 2631, Position I Group 17-2 and distribute budgeted funds to ROW Agent-R&B Class 2613 Position I,Group 21-10 @$48,397 reclassification to Group 26-12 @$65,101 • 1' Area Supervior-R-B Class 2607 Position 3 Group 23-2$43,848 reclassification to Group 23-7 l Area Supervior-R-B Class 2607 Position 4 Group 23-5$47,223 reclassification to Group 23-7 @$49,612 ;I Pavement Mgmt Speci- R&B Class 2615 Position I Group 20-2 @$37,812 reclassification to Group 2/0�4 @$41,731 '! GIS'Coordinator-R&B Class 2611 Position I Grou. 26-9 •$60,449 reclassification to Grew.u. 26-11 $63,509 1 il The ROW A_ nt and GIS Coordinator ..sitions are salaried ..sitions where as all the other ..sitions are sala -staff •. thong and budgeted funds are in a..ro.riate account. _ I 1 im.mmoin......__ell.111111111.1.0.11 MINIM ii . ��_- i • III I • Prepared By: Departm:nt Appr•val ;j Date: i Date 1/3/2008 8 /�i ii ' •ate. l CoUn ty J .g • •val Date i II 'I ii ;r i iI • I 41 i PERSONNEL #6 I CHANGE OF STATUS REQUESTS • Commissioner Court Date: January 8,2007 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests• - - ---�-_ .4 Department Submitting. Employee Request Action Requested ! Request(s) Applies To "I i, $ District Clerk Spies,Melanie Resignation White,Lode Resignation Hire II td I.'T. Nguyen,Hoa T. New Hire k tJustice of the Peace Pct.3 Lewis,Barbara A. Merit Increase Hearen,Courtney Promotion . Runyon,Mary I. Promotion I 6 I. Phelps,Shelly D. New Hire Juvenile Services Randall,Ted New Hire Splawn,Eric Transfer within Dept. I, 'I S.O./Admia Aranda,Jody G. Cell Phone Allowance t S.O./Jail Cabrera,Erindera New Hire Duran,Diana s Pickett,Emily TranResignation fer within Dept. Quest,Michael Transfer within Dept. { Valek,Melissa New Hire N Road&Bridge Muegge,Linda Reclassification Simons,Chris Reclassification r .��, 1 Stracener,Lewis C. Reclassification t' II ty t. • 1 I Appred in Conunbsioners',Com 8, t: January 8,December '•107 (j ov Cenaty Judge's or Commissioner's Signature: 4 . .c_ a (This Copy to be attached to minutes) . - d • .I k VOL I104PAGE a 43 ®i i. l lit • !I PURCHASE AND SALE AGREEMENT • jl THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into by and ■ between STANFORD N., INC., a Texas corporation (hereinafter referred to as "Seller'), and'BRAZOS COUNTY,TEXAS,a political subdivision of the state of Texas(hereinafter referred to as"Buyer"): M' I lINESSETH: II WHEREAS, Seller is the record title owner of a 10.00 acre parcel of real estate or tract of land situated in the City of Bryan, Brazos County, Texas (the "Parent Tract"), of which the Buyer wishes to ll ! purchase 5.00 acres which is described on Exhibit A attached hereto,(the"and')(the Land,together with all and singular the rights and appurtenances pertaining to the Land,including all improvements thereon and any right, title, and interest of Seller in and to all adjacent streets, alleys, and rights-of-way, is hereinafter called 11 the"Proyertv");and IF I WHEREAS, Buyer is desirous of obtaining from Seller a right to purchase the Property pursuant to I teens and conditions set forth below. • II NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, together i! 1 with other good and valuable consideration, including the obligations of Buyer contained herein, Seller does hereby give and grant to the Buyer the exclusive and irrevocable right to purchase the Property subject to the following terms,covenants and conditions: 1. Purchase.Sale,and Purchase Price. a. Subject to the terms and conditions hereof, Seller covenants and agrees to sell and convey the Property by good and sufficient special warranty deed(the "Deed')unto Buyer, and Buyer covenants and agrees to purchase and accept the same, at and for the purchase price (the "Purchase Price') of ONE HUNDRED THIRTY j • THOUSAND ONE HUNDRED SEVENTY AND NO/100 DOLLARS ($130,170.00).The purchase price is subject to adjustment to equal the product of the actual square footage of the Land as determined and certified by a surveyor I multiplied by$26,034.00 per acre. ■ I b. The Purchase Price shall be payable all in cash by wire transfer of funds into the escrow account of Escrow Agent(hereinafter defined)so as to constitute good and immediately available funds at Closing, subject,however, to a credit for the Earnest Money and the •other adjustments to be made in accordance with Paragraph 6 hereof. 2. Earnest Money. On or before five (5) business days after the Effective Date, Buyer shall deliver to University Title Company, 1021 University Drive E., College Station, Texas 77840, phone (979) 260-9818 and facsimile(979)268-3080; ("Escrow Agent"),as earnest money(the"Earnest Money") the sum of Five Thousand and No/I00 Dollars($5,000.00)in the form of a check payable to the order of the Escrow Agent, to be cashed immediately by the Escrow Agent and placed in a trust account with a reputable financial institution and'available upon the termination or the closing of this Agreement. The Earnest Money shall be credited and applied to the Purchase Price to be paid at Closing; provided, however, if this Agreement does not close and/or is terminated, the Earnest Money shall be Agreement. All interest earned upon the Earnest Money, if any, shall be applied the er provided in this Y property of Buyer and distributed to Buyer upon the Closing or termination of this Agreement for any reason. • • • VOL I O LI PAGE 4 4 4111 i iiii, 3. Property Inspections: a. Buyer, at Buyers option and expense, shall have.up to ninety(90)days immediately i following the Effective Date of this Contract to inspect the Property and to determine. II i if the Property is suitable for Buyer's intended purpose and use (the "Contingency Period"). During said Contingency Period, Buyer and its agents shall have the right to enter onto the Property to conduct boundary and topographical surveys (the "Survey),soil tests,environmental site assessments(including a Phase I and/or Phase it II Environmental Report) and any other inspections desired by Buyer. Any damage caused to the Property resulting from said inspections shall be promptly repaired by i Buyer, at Buyer's expense, to the condition that existed immediately prior to such J inspections. Buyer shall indemnify and hold Seller harmless from all liabilities, I1 it claims, damages, liens, costs and expenses in connection with said inspections save . and except any caused by the gross negligence or willful misconduct of Seller. h b. Buyer may extend the Contingency Period for one (1) additional thirty (30) day period upon the payment to Seller of $500.00 ("Option Money"). Said Option II ;{ Money shall be non-refundable, but applicable to the Purchase Price. During such extended Contingency Period,Buyer may continue its investigation and inspection of the Property as provided herein. If prior to the end of the Contingency Period, as N extended, Buyer does not deliver to Seller the Approval Notice, the Earnest Money , 1 and the Option Money, if any, plus all accrued interest thereon, shall be returned to Buyer, save and except $100.00 of the Earnest Money which shall be delivered to Seller as an Inspection Fee. II I II c. If Buyer decides to proceed,as aforesaid,then within the Contingency Period,as may be f extended,Buyer will deliver to Seller written notice of such decision(hereinafter called II : the "Approval Notice"). If at any time, for any reason whatsoever, Buyer decides not to proceed to purchase the Property under this Contract,then Buyer shall not deliver an Approval Notice;whereupon,at the expiration of the Contingency Period,this Contract 'i shall be null and void, the Earnest Money(and Option Money, if any)plus all accrued interest thereon shall be immediately returned to Buyer, and neither Buyer nor Seller shall have any further obligation or liability hereunder (other than with respect to II obligations hereunder that expressly survive the termination of this Contract). Alternatively, Buyer, at Buyer's option, may give a written notice to Seller of Buyer's election to terminate at any time during the Contingency Period(as may be extended), which notice shall terminate this Contract and neither Buyer nor Seller shall have any further obligation or liability hereunder(other than with respect to obligations hereunder that expressly survive the termination of this Contract) and the Earnest Money (and Option Money,if any)shall be returned to Buyer. 1 4. Title Policy. At Closing, Seller will obtain and deliver to Buyer following Closing an Owner Policy of Title Insurance, (the 'Owner Policy") issued at the sole cost and expense of Buyer by t F Fidelity National Title Insurance Company(the`Title Insurance Company"),dated as of the date of Closing, I in the amount of the Purchase Price, insuring good and indefeasible title in Buyer at the date of Closing free and clear of any and all liens and encumbrances except the matters affecting the Property which Buyer has approved and accepted, or is deemed to have approved and accepted, in accordance with the respective u I provisions of Paragraph 9 below. 5. Survey and Plat. The exact dimensions and legal description of the Property, as stated !' herein, is subject to verification, change and/or correction based upon a Survey. The Survey shall be I! rl VOL 101.1 PAGE a 146 t. Y • • . It performed by a land surveyor registered and licensed in the state of Texas of Buyer's choice.The Property shall be replatted as required by the City of Bryan.The survey,engineering and recording of the replat of the ii Property shall be done by.the Buyer at.Buyer's expense. Seller agrees to cooperate with Buyer in satisfying City of Bryan requirements for accomplishing the replat . .t y g 1 6. Prorations. All taxes for the•curent year are to be prorated as of the date of Closing on the basis of a 365-day year. If Closing shall occur before the taxes are determined for the then current year,the I proration of taxes will be made upon the basis of the taxes for the prior year,provided that either party shall have the right, upon written request to Escrow Agent, to have year-of-closing estimated tax proration i amounts escrowed with Escrow Agent,at closing,until such time as exact figures for year-of-closing become :1 available. Either party receiving tax statements for the year in which Closing occurs shall immediately 1 furnish a copy thereof to the other party hereto. If the taxes for the year in which Closing occurs shall be t, more or less than the taxes for the prior year,the proration of taxes shall,after Closing,be recomputed as of I I the date of Closing on the basis of taxes for the year in which Closing occurs. Any sums owed by Buyer or ', Seller to the other on the basis of such recomputation shall be payable to such other upon demand when II accompanied by reasonable evidence of the amount of the taxes determined for such year. All current year's I taxes which are due and payable and all prior year's unpaid taxes,liens,or public debts,if any,are to be paid • 1 by the Seller as of the date of Closing. 11 7. Representations. Warranties and Other Covenants of Seller. In addition to the representations and warranties contained elsewhere in this Agreement, Seller makes the following o representations and warranties which are true and correct as of the date of this Agreement, and shall be true and correct as of the Closing, shall survive the Closing,and the truth of which shall be a condition precedent o to Buyer's obligations to close the transactions contemplated by this Agreement. (a) Seller is the owner of the Property and has good and indefeasible fee simple title to x the Property. (b) The Property will be in the same condition on the date of Closing as on the date j hereof. f (c) To Seller's knowledge, there are no existing or pending causes of action, claims, I! condemnations,or sales in lieu thereof,with respect to any aspect of the Property. In the event that a i lien, claim, or cause of action affecting the Property should arise as a result of Seller's actions prior 11 to Closing,Seller,at its sole cost and expense,shall cause the same to be released. In the event Seller F receives notice of a condemnation or threat of condenmation pertaining to the Property or any part a I thereof, Seller shall immediately give Buyer written notice thereof, together with all details i concerning such condemnation known by Seller. • }j (d) Seller has received no notice and has no knowledge, of any pending special F assessments to be made against the Proper Ly by any governmental authority. , (e) At the date of this Agreement, none of the PIop,,ty is under contract to be sold or leased to any person, firm, or entity; and, no oral or written agreements have been entered into by Seller which commit to sell, assign, convey, exchange,encumber, lease, or otherwise transfer all or I! any portion of the.Property petty subsequent to the date of this Agreement. There is no adverse possession !I of all or any part of the Property, (f) If, at the date hereof, all or any part of the Property is burdened with a mortgage, ! deed of trust, security interest, or voluntary or involuntary lien(whether statutory, constitutional,or ! contractual)except for any statutory lien which secures the a p yment of ad valorem taxes not yet due VOL t o PAGE .241P ii • • i l il . IP I ,.„,,,,,,, Iyy 6 J and payable, Seller shall cause the same to be discharged and released at or prior to Closing, at its sole cost and expense. (g) Neither the execution and delivery of this Agreement by Seller nor Seller's ■ performance of its obligations hereunder will result in a violation or breach of any term or provision II or constitute a default or accelerate the performance required under any other agreement or document to which Seller is a party or is otherwise bound or to which the Property, or any part thereof, is I subject. All documents executed by Seller on and prior to the Closing which are to be delivered to Buyer and the Escrow Agent are,or at the Closing will be,duly authorized,executed,and delivered II by Seller and are,or at the Closing will be the legal,valid,and binding obligations of Seller. (h) - All ad valorem property taxes for the years prior to Closing have or will be paid by Seller before delinquent,and there are no unpaid general or special assessments against the Property due or owing by Seller; and, if any there be, Seller agrees to pay and discharge the same in full at Closing. ® t (i) The Property is not now nor has it been subjected to a special valuation,such that a i change in use or ownership will cause additional taxes to be imposed upon the Property for the 4,4 i 4. current or prior years. Seller shall pay,indemnify and hold Buyer harmless from the payment of any such additional taxes for all periods prior to the date of Closing,if such is in fact assessed. ;I (j) Seller has received no notice and has no knowledge,of any violation of any federal, state,county,or municipal laws,ordinances,orders,regulations,zoning and development regulations and ordinances,and building codes applicable to the Property. (k) For purposes of this Agreement "Hazardous Material" means (i) "hazardous ' it substances" or "toxic substances" as those terms are defined by the Comprehensive Environmental ii Response, Coznpc sation,and Liability Act,42 U.S.C. §9601 et seq.,or by the Hazardous Materials Transportation Act, 49 U.S.C. §1802 et sea., all as now and hereafter amended; (ii) "hazardous wastes", as that term is defined by the Resource Act,42 U.S.C. §6902 et seq., as now and hereafter amended; (iii) any pollutant or contaminant or hazardous,dangerous, or toxic chemicals, materials, 'l ' or substances within the meaning of any other applicable federal, state, or local law, regulation, ordinance, or requirement (including consent decrees and administrative orders) relating to or imposing liability or standards of conduct concerning any hazardous, toxic, or dangerous waste substances or materials, all as now and hereafter amended; (iv) crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure(60 degrees Fahrenheit and 14.7 t pounds per square inch absolute);(v)any radioactive material,including any source,special nuclear + ior by-product material as defined at 42 U.S.C. § 2011 et seq., as now and hereafter amended; (vi) t asbestos in any form or condition; and (vii) polychlorinated biphenyls ("PCBs") or substances or compounds containing PCBs. For purposes of this Agreement, "Environmental Laws" means all is applicable laws, ordinances, rules and regulations (including consent decrees and administrative orders) relating to public health and safety and protection of the environment, including those identified in the preceding sentence. • (i) To the best of Seller's knowledge, no hazardous materials are now located j on the Property; I (ii) To the best of Seller's knowledge, no part of the Property has been used at any previous time for the disposal, storage, treatment, processing, or other handling of ' hazardous materials, nor is any part of the Property affected by any hazardous materials 'j contamination,nor has there been any or is there now any underground storage tanks on the I Property; II VOL i0LIPAGE 9-47 C i 1 • "I (iii) To the best of Seller's knowledge, no property adjoining the Property is I being used or has ever been used at any previous time for the disposal, storage, treatment, processing,or other handling of hazardous materials nor is any other y property adjoining the Property affected by hazardous materials contamination i{ (iv) Seller has not received any notice from any governmental authority with I respect to any violation of any governmental requirements; i' ii (v) To the best of Seller's knowledge,'no investigation, administrative order, consent order and agreement, litigation,or settlement with respect to hazardous materials or Ihazardous materials contamination is proposed,.threatened, anticipated,or in existence with respect to the Property.To Seller's actual knowledge, without investigation or inquiry, the I Property is not currently on and, has never been on any federal or state "Superfund" or 1 "Superlien"list; . I; (1) Seller agrees that it will not cause any violation of any governmental requirements • relating to hazardous materials,including,without limitation,any environmental laws. S. Representations of Buyer. Buyer hereby represents and warrants to Seller as follows: A. '; t' Buyer is a political subdivision of the State of Texas; all documents executed by Buyer which are to be 4 i; delivered to Seller at Closing are or at the Closing will be duly authorized,executed and delivered by Buyer, and are or at the Closing will be the legal, valid and binding obligations of Buyer, and do not and at the '; 4 Closing will not violate any provisions of any agreement to which Buyer is a patty or to which it is subject; and B. upon closing,Buyer agrees to construct a chain link fence separating the Land from that portion of the Parent Tract to be retained by Seller. 9. Title Commitment. Seller, at Buyer's sole cost and expense, shall, within twenty(20)days following the date hereof, cause to be delivered to Buyer a Title Commitment for Owner Policy of Title 1 Insurance(hereinafter referred to as the"Commitment"),through the Escrow Agent and on behalf of the Title i Insurance Company, in the amount of the Purchase Price accompanied by true,correct and legible copies of It all documents referenced as exceptions(the"Exception Documents"),and under the terns of which the Title II Insurance Company shall agree to issue to Buyer an Owner's Policy of Title Insurance in the full amount of the Purchase Price insuring fee simple title in Buyer upon the Closing hereof, free and clear of any and all � liens and encumbrances except the exceptions and other matters affecting title to the it Commitment and disclosed by the Survey. Property set forth in the li Buyer shall have thirty (30)days from the date of receipt of the Commitment and the Exception • Documents, to review the Commitment and Exception Documents and to notify Seller in writing of any objections to the title as disclosed by the Commitment and Exception Documents ("Commitment Obiections"). If Buyer fails to notify Seller in writing of any Commitment Objections within the aforesaid time period, Buyer shall be deemed to have accepted and approved the title to the Property as shown in the Commitment and Exception Documents. Ir If any Commitment Objections are made by Buyer,Seller shall have a period of thirty(30)days from Ithe date such Commitment Objections are received by Seller within which Seller may (but shall not be - ;I . 'obligated)cure such Commitment Objections to the reasonable satisfaction of Buyer. Provided,however,in 1 f the event any such Commitment Objections relate to matters which violate or would be a breach of any of 1 Seller's representations and warranties contained herein, Seller shall'be obligated to cure the same on or II before thirty(30) days following the date such'commitment objections are received by Seller. In the event Seller shall not cure Buyer's Commitment Objections prior to the expiration of said thirty(30)day period, then at or prior to Closing, Buyer, at its sole option, may notify Seller in writing of its election to(i)accept 1 • ' VOL (01-1 PAGE 02'IS 1 • and approve title to the Property as set forth in the Commitment without the Commitment Objections being cured, or(ii)terminate this Agreement,in which event the Escrow Agent shall return forthwith to Buyer its Earnest Money;and thereafter,neither party shall have any further obligation hereunder,one to theother. „j 10. Closing and Remedies. (a) The Closing (hereinabove and hereinafter referred to as the "Closing") of the sale contemplated hereby shall be held at the offices of Escrow Agent on the date which is fifteen (15) days following the last to occur of the date of expiration of the Contingency Period without termination by Buyer or satisfaction by Buyer of all platting requirements as set forth in Paragraph 5 hereof and notification by Buyer to Seller of such fact. (b) At the Closing,Seller covenants and agrees to deliver or cause to be delivered to the Escrow Agent: (i) The Special Warranty Deed duly executed and acknowledged by Seller in P form appropriate to convey to Buyer fee simple title to the Property free and clear of any and i, all liens and encumbrances except those matters affecting the Property set forth in the Commitment which Buyer has approved and accepted or is deemed to have approved and accepted in accordance with the respective provisions of Paragraph 9,the lien for taxes not yet due and payable and dated the date of the Closing and the following limitations on warranty: IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR • REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN SELLER'S WARRANTY OF„TITLE SET FORTH IN THE CONTRACT AND IN THE SPECIAL WARRANTY DEED TO BE DELIVERED AT CLOSING), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS,VALUATION,GOVERNMENTAL APPROVALS,GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (i) THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY OF THE PROPERTY AND (iii) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE • PROPERTY. BUYER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF SELLER OR ANY AGENT OF SELLER. BUYER REPRESENTS THAT IT IS A KNOWLEDGEABLE BUYER OF REAL ESTATE AND THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF BUYER'S CONSULTANTS IN j PURCHASING THE PROPERTY. BUYER HAS CONDUL I LD SUCH INSPECTIONS DEEMED NECESSARY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY UPON SAME. UPON CLOSING, BUYER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY BUYER'S INSPECTIONS AND INVESTIGATIONS.BUYER ACKNOWLEDGES AND • VOLUOLI PAGE 249 411! all ■ I 11 AGREES THAT UPON CLOSING, SELLER SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS," WITH ALL FAULTS. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT THERE ARE 1 NO ORAL AGREEMENTS,WARRANTIES OR REPRESENTATIONS,COLLATERAL jl TO OR AFFECTING THE PROPERTY BY SELLER, ANY AGENT OF SELLER OR ANY THIRD PARTY. THE TERMS AND CONDITIONS OF THIS PARAGRAPH SHALL EXPRESSLY SURVIVE THE CLOSING, NOT MERGE WITH THE l PROVISIONS OF ANY CLOSING DOCUMENTS AND SHALL BE INCORPORATED INTO THE SPECIAL WARRANTY DEED. SELLER IS NOT LIABLE OR BOUND IN 1 ANY MANNER BY ANY. ORAL . OR . WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY 11, FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT 1.1 OR OTHER PERSON, UNLESS THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO HEREIN. :1 (ii) Seller agrees to furnish evidence reasonably acceptable to the Buyer and • Escrow Agent of Seller's authority and capacity to consummate this Agreement and to 11 execute and deliver all documents required to be furnished by Seller in connection therewith. ' (iii) If Seller is not a "foreign ;j � (��) gn person", as defined in the federal Foreign Investment in Real Property Tax Act of 1980 and the 1984 Tax Reform Act, as amended (the "Federal Tax Law"), the Seller will deliver to Buyer a certificate so stating(the "Tax ,4 Certificate"),in a form complying with the Federal Tax Law, If Seller is a"foreign person" or if Seller fails to deliver the Tax Certificate at the Closing, then in either such event the funding to Seller at the Closing will be adjusted to the extent required to comply with the withholding provisions of the Federal Tax Law; and although the amount withheld will still be paid Closing by Buyer for payment to Seller at the Closing, it will be retained by the Escrow Agent(the reasonable fees of which shall be paid by Seller at Closing)for delivery to the Internal Revenue Service together with the appropriate Federal Tax Law forwarding forms with copies being provided both to Seller and to Buyer; j (iv) " ' A Settlement Statement;and' tr ,,'' ' r ,i (v) An affidavit as to liens,taxes and parties in possession. - • 1,, (vi) Other documents reasonably requested by Buyer or the Escrow Agent to 1 close escrow and consummate the purchase of the Property. 1 At the Closing,Buyer covenants and agrees to deliver to Escrow Agent,the Purchase Price • in accordance with the provisions of Paragraph 1, and a Settlement Statement, and any other documents reasonably requested by Seller or the Escrow Agent to close escrow and consummate the purchase of the Property. II It is further agreed that Seller shall pay to Escrow Agent at the Closing the following 11 Closing costs: recording fees for releases of liens. Buyer shall it Y pay the escrow fee, charge for tax certificates, the premium charged for the Owner Title Policy, the fee to record the Deed in Brazos County,Texas and the cost of the survey and replat. I 11 (c) Except as hereinafter provided in Paragraph graph 13(e)below,each party hereto agrees to , pay its own attorney's fees and neither party hereto shall have any liability to the other or its attorney for any attorney's e • y orneys fees incurred by the other for services rendered in connection with the sale contemplated by this Agreement. '1 . VOL 10 q PAGE g/g) - 1I !I • 1: ii . ti, (d) In the event that Seller's representations and warranties contained herein shall be untrue,or in the event Seller shall default under this Agreement,then Buyer shall be entitled to,as its sole and exclusive remedy,either terminate this Agreement,in which event the Escrow Agent shall forthwith return to Buyer its Earnest Money, or Buyer may enforce specific performance of this Agreement. Notwithstanding the foregoing, in the event that Seller conveys the Property or any portion thereof to a third party in breach of its obligations under this Agreement, and as a result of r such conveyance, the remedy of specific performance is not available to Buyer, then Buyer shall have the right to pursue an action against Seller for actual damages caused by such breach. (e) In the event Buyer shall fail to close this Agreement for any reason except Seller's tl default and/or termination of this Agreement by Buyer pursuant to the provisions hereof,then Seller may, either receive forthwith the Earnest Money as liquidated damages or may enforce specific performance of this Agreement. (0 At the Closing,Buyer shalt receive possession of the Property free of any rights of possession by third parties. • 11. Notices. Any notices or communications required or permitted to be delivered hereunder tmust be in writing and shall be deemed to be delivered(i)upon receipt if delivered personally or(ii) upon I deposit in the United States Mail,certified,return receipt requested,postage prepaid, addressed to Seller or Buyer,as the case may be,or(iii)upon receipt of a facsimile transmission,at the following addresses and/or • facsimile numbers: 1 Seller: Stanford N.,Inc. P.0.Box 4650 Bryan,Texas 77805 With a cony to: Stephen R.Holies Holt&Hollas,PLLC 405 Technology Pkwy.,Bldg.C College Station,TX 77845 II •Buyer. County of Brazos,Texas III I 300 East 26d'Street Bryan,Texas 77803 With a copy to: Patricia E.Meronoff Bruchez,Goss;Thornton, ' Meronoff&Hawthorne;P.C. 4343 Carter Creek Parkway,Suite 100 1'I Bryan,Texas 77802 ,. • I. 12. Condemnation. If, prior to the Closing, all or any part of the Property shall be condemned by governmental or other lawful authority, Buyer shall have the option of either (a)completing this • transaction,in which event(i)there shall be no reduction of the Purchase Price,(ii)Seller shall pay to Buyer • all condemnation proceeds received by Seller, (iii) Seller shall assign to Buyer all rights of Seller in and to such condemnation proceeds,and(iv)Seller shall furnish to Buyer all documents,cooperation,and assistance reasonably required to enforce the rights of Seller with respect thereto;or(b)terminating this Agreement and i VOL jOl4AGE 0237 �1 1 iis r r V • I II immediately receiving back its Earnest Money,in which event neither party shall have any further obligation j to the other hereunder except as herein otherwise expressly provided. i II 13. Miscellaneous. I (a) This Agreement contains the complete agreement between the parties and cannot be varied except by the written agreement of the parties. The parties agree that there are no oral agreements, understandings, representations, or warranties which are not expressly set forth herein. Any portion of this Agreement not otherwise consummated at the Closing will survive the Closing of tl this transaction as a continuing agreement by and between the parties. (b) In the event Seller becomes entitled to the Earnest Money as liquidated damages or .i Buyer becomes entitled to the Earnest Money upon termination of this Agreement in accordance with the provisions hereof, the Escrow Agent is hereby authorized and directed to pay immediately the Earnest Money to the party so entitled thereto. In the event Escrow Agent requires same,Buyer • i t and Seller covenant and agree to deliver a letter of instruction to the Escrow Agent directing the disbursement of the Earnest Money to the party entitled thereto. In the event either party fails or • • , refuses to sign or deliver such an instruction letter when the other party is entitled to such disbursement, then the party so failing or refusing to sign or deliver such letter shall pay, upon the rendition of a final judgment by a court of competent jurisdiction declaring that such other party is I entitled to such disbursement, all court costs and reasonable attorney's fees incurred by the party so • entitled to such disbursement in connection with its recovery thereof. Notwithstanding the foregoing, the Escrow Agent shall, in any event, pay all interest earned on the Earnest Money to Buyer without undue delay. (c) If the date of Closing,the last day of the Contingency Period,or any notice or time i period set forth in this Agreement falls upon a Saturday, Sunday,or legal holiday under the laws of the State of Texas or the United States of America, then such date of Closing, last day of the Contingency Period, or the last day of any notice or time period shall be extended to the next business day immediately succeeding such Saturday, Sunday, or legal holiday. As used herein, the !j term "Effective Date" shall mean for all purposes in this Agreement the date on which the Escrow Agent acknowledges receipt of an original of the Agr..Lu,ent executed by Seller and Buyer. j (d) Notwithstanding the provisions of Paragraph 10(c)above seemingly to the contrary, should the parties to this Agreement,after having made all possible reasonable efforts to resolve their differences, be forced to litigate their respective rights pursuant to this Agreement, the party prevailing shall have the right to indemnity by the opposing party for an amount equal to the prevailing parties'reasonable attorneys'fees, court costs,and expenses growing out of the litigation • between the parties. ' (e) Unless otherwise.expressly provided herein, no waiver by Seller or Buyer of any provision hereof shall be deemed to have been made unless expressed in writing and signed by such i party. No delay or omission in the exercise of any right or remedy accruing to Seller or to Buyer upon any breach under this Agreement shall impair such right or remedy or,be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by Seller or Buyer of any breach iI of any term, covenant, or condition herein stated shall not be deemed to be a waiver of any other ,j breach or of any subsequent breach of the same or any other term, covenant, or condition herein Icontained. (1) Time is of the essence of this Agreement. ;I i j VOL 1D 9PAGE -2502- if,'1i • it n : (g) Headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. Where required for proper interpretation, words in the singular shall include the plural; the masculine gender shall include the neuter and the feminine,and vice versa. • (h) Whenever the context so requires, the neuter gender includes the masculine and/or feminine gender,and the singular number includes the plural and vice versa. (i) This Agreement is being entered into and is performable in the Brazos County, Texas and is to be construed under the laws of the State of Texas. • (j) This Agreement may be executed in counterparts,each of which shall be deemed to be an original;but,such counterpart when taken together shall constitute but one agreement. (k) An executed facsimile of this Agreement shall be fully effective and as binding as an original upon the party having executed and transmitted the same. { (1) Buyer may not assign this Contract. •1 Ii (m) Each party hereto represents to the other that such respective party has not authorized any broker or finder to act on its behalf in connection with the sale and purchase hereunder. Each party hereto agrees to indemnify,defend,and hold harmless the other party from and against any and all claims, losses, damages,costs,or expenses(including,but not limited to, reasonable attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement, or understanding alleged to have been made by such party with any broker or finder in connection with this Contract or the transaction contemplated hereby. This Paragraph shall survive the Closing or any earlier termination of this Contract. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. SELLER: STANFORD N.,INC.,a Texas corpora i• 121 tl ? d7 By: • Date of Execution Sanh Trinh,President BUYER: BRAZOS COUNTY,a political subdivision of the State of Texas I/0Sh.DS' By: Date of Execution Randy Sims, ,unty Judge YOlJPAGE 253 • EXHIBIT LAND The back or rear 5.00 acres of that certain tractor parcel of land lying and being situated in the Stephen F. Austin League, A-62, in Bryan, Brazos County, Texas, and being a part of that 21.00 acre tract of land conveyed to L. P. Scamardo, et al by E. D. Tullis, et ux,by deed recorded in Volume 179,Page 424, Deed Records, Brazos County,Texas, containing 10.00 acres of land, being more particularly described by metes and bounds as follows,to-wit: i� BEGINNING at an iron rod at the North corner of said 21.00 acre tract, said iron rod also being in the Southeast ROW line of State Hwy.21; THENCE S 44'43'57"E 1048.70 feet to an iron rod for comer, THENCE S 65'27'30"W 208.88 feet to an iron rod for corner; THENCE S 43' 41'18" E 207.80 feet to an iron rod for corner in the Northwest ROW line of the Missouri- • Pacific Railroad; THENCE S 65' 32'49"W 194.20 feet along said railroad line to an iron rod for corner: THENCE N 45' 11'45"W 1212.59 feet to an iron rod for corner in said State Hwy.21 line; THENCE N 58' 59'07" E 402.68 feet along said State Hwy. 21 line to PLACE OF BEGINNING and containing 10.00 acres of land,more or less. • II jVOL 10E) PAGE 26-51 • U , ACKNOWLEDGMENT BY ESCROW AGENT University Title Company, Escrow Agent,acknowledges receipt of a fully executed counterpart of this Agreement on the Effective Date as set forth below and agrees to accept the Earnest Money to be deposited by Buyer as required herein and to hold the same in trust in accordance with the terms and conditions of Paragraph 2 of grail this Agreement. UNIVERSITY TITLE COMPANY By: Effective Date Its: IlI I ■ ®I .I i VOL )014 PAGE .955 i V I _6.. .R rig • r : N t, /� &. CO jr of 16* il BRAZOS COUNTY , BRYAN,TEXAS ! STATE OF TEXAS § § COUNTY OF BRAZOS §_ . r ' ' ORDER NO. 08-002 !j PROHIBITING OUTDOOR BURNING IN BRAZOS COUNTY • . {I il WHEREAS, the Commissioners Court of Brazos County finds that circumstances ,I present in all or part of the unincorporated area of the county create a public safety hazard that would be exacerbated by outdoor burning; i IT IS HEREBY ORDERED by the Commissioners Court of Brazos County that all �I outdoor burning is prohibited in the unincorporated area of the county for ninety (90) days from the date of adoption of this Order, unless the restrictions are terminated earlier based on a determination made by the Texas Forest Service or this Court. This Order is adopted pursuant to Local Government Code §352.081 and other applicable statutes. This Order does not prohibit , outdoor burning activities related to public health and safety that are authorized by the Texas Natural Resources Commission for(1) firefighter training; (2)public utility, natural gas pipeline , or mining operations; (3) planting or harvesting of agricultural crops; or (4) burns that are conducted by a prescribed burn manager certified under Section 153.048, Natural Resources Code,and meet the standards of Section 153.047, Natural Resources Code. J In accordance with Local Government Code §352.081 (h), a violation of this Order is a • !i Class C misdemeanor,punishable by a fine not to exceed$500.00. ADOPTED this 8th day of January, 2008 by a vote of Li ayes and nays. ,I j LiLa Randy :ims, County Judge I M ATTEST: +%�, J/ - !I Karen McQueen, Coun Clerk j Office of the County Judge • 300 East 28'"St. • Suite 114 • Bryan,Texas 77803 • Fax:(979)381-4503 VOL 1 D4PAGE a5 H • it, 1! F I BRAZOS COUNTY BRYAN,TEXAS RESOLUTION: TO SUPPORT A REGIONAL CONCEPT FOR AN ALIGNMENT OF INTERSTATE 69 BY A STUDY GROUP OF REGIONAL PARTNERS FORMED IN RESPONSE TO THE ANTICIPATED RELEASE OF A DRAFT INTERSTATE 69 ENVIRONMENTAL IMPACT STATEMENT. Whereas; the Texas Department of Transportation is actively working to establish the corridor for the proposed Interstate 69;and Whereas; the Brazos Valley Council of Governments working in the Brazos Valley region has determined that the current alignment of study corridor does not meet with plans and established goals of its regional transportation effort;and Whereas; if this transportation corridor is to be built then several factors exist whereby other study corridor alignments and right of way configurations would be more beneficial to the Brazos Valley Region than those currently being proposed by TxDOT;and Whereas;a coalition of counties, cities and other partners have formed in Texas' central section of the I-69 planning area to express a preferred alignment;and Whereas; the Brazos Valley Council of Governments is hopeful that a mutually beneficial alignment may be proposed and supported by a study/discussion group of regional partners in response to the Draft TTC/Interstate 69 Environmental,Impact Statement; NOW,THEREFORE,BE IT RESOLVED: I. That the Brazos County Commissioners Court supports a coalition of counties, cities and other partners for the purpose of proposing a preferred 1-69 alignment for TxDOT's consideration of ®I! the central portions of the 1-69 study corridor. 2. That for planning purposes this alignment generally follows State Highway 6 north through the region to Navasota then diverts to the west around the city then following State Highway 6 north in Brazos County to a point such that it would divert to the east enhancing access to a proposed regional park in an east/west alignment through Grimes County. 3. That staff is directed to facilitate the participation in a coalition and to pursue consensus on a mutually acceptable corridor that could be regionally supported and proposed to TxDOT. 4. That this Resolution is effective upon adoption. PASSED AND APPROVED this p day of �/� 00g. ! I ATTEST: r Rand ims,County Judge nKaren McQueen,County Clerk/p �/ VOL /O14 PAGE a�'7 Resolution 48-001 II YL..1 A A 1 . 1 n . A AY 1.3/4a eta n 1� � I • :k,.1 pv y 4,T sr BRAZOS COUNTY BRYAN,TEXAS RESOLUTION RESOLUTION OF BRAZOS COUNTY AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE BRAZOS VALLEY COG FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING Laura Tankersley. Executive Director of Keep Brazos Beautiful.Inc.TO ACT ON BEHALF OF RRAZOS COUNTY IN ALL MATTERS RELATED TO THE APPLICATION; AM) PLEDGING THAT IF A GRANT IS RECEIVED BRAZOS COUNTY & KEEP BRAZOS BEAUTIFUL. INC. • WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE DRAWS VALLEY COG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS. WHEREAS, the Brazos Valley COG is directed by the Texas Commission on Environmental Quality to administer solid waste grant funds for implementation of the COG's adopted regional solid waste management plan; and WHEREAS, Brazos County in the State of Texas is qualified to apply for grant funds in partnership with Keep Brazos Beautiful,Inc.under the Request for Applications. NOW,THEREFORE,BE IT RESOLVED BY BRAZOS COUNTY IN BRYAN,TEXAS; 1. That Randy Sims, Brazos County Judge, is authorized to request grant funding under the Brazos Valley COG and to request for applications to the Regional Solid Waste Grants Program and act on behalf of Brazos County in all matters related to the grant application and any subsequent grant contract and grant project that may result. 2. That if the ro'ect is funded, Brazos County P J ty in partnership with Keep Brazos Beautiful, Inc. will comply with the grant requirements of the Brazos Valley COG, Texas Commission on Environmental Quality and the State of Texas. • 3. The grant funds and any grant-funded equipment or facilities will be used only for the purposes for which they are intended under the grant. 4. That activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. PASSED AND APPROVED by Brazos County Commissioners in Brazos County, Texas, on this the day of � �t Y .. 8. Randy Sim :razos County Judge t f.�.1..... tt am.�..__. �.,.._ ► IJ oyd anq Pr inct I Kenney Mahar,/ Duane Peters, Precinct 2 ,, y Cau y,Jr., Precinc 4 VOL )0 LIPAGE a • Resolution aes002 • INTERLOCAL AGREEMENT EMERGENCY MEDICAL AMBULANCE SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into by and among the CITY OF BRYAN, TEXAS, a home rule municipal corporation ("Bryan"), CITY OF COLLEGE STATION, TEXAS, a home rule municipal corporation ("College Station") and BRAZOS COUNTY, TEXAS ("County"), each acting by and through its duly authorized agents; WHEREAS, the respective participating governments (the "Parties") are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of the governmental function of providing Emergency Medical Ambulance Services; and WHEREAS, Bryan, College Station and County are authorized under Chapter 774 of the Texas Health & Safety Code to contract with each other to provide Emergency Medical Ambulance services; and WHEREAS, Bryan and College Station have already been providing Emergency Medical Ambulance services to the County according to the geographic areas as defined as "Automatic Mutual Aid Response Districts" in the Interlocal Agreement Emergency Medical Ambulance Service between Bryan and College Station; NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Bryan and College Station shall provide Emergency Medical Ambulance Services to any person who requests it within their respective Automatic Alffk Mutual Aid Response District for which Bryan and College Station are assigned responsibility in the Interlocal Agreement Emergency Medical Ambulance Service between Bryan and College Station. (See Exhibit"A," an attachment map of the Automatic Mutual Aid Response Districts indicating the corporation limits of each city as updated on or after 2005). 2. All requests for services under this Agreement shall be through the 9-I-I Emergency Communications District and the College Station Communication Center, which dispatches police and fire units respectively for Bryan/County and College Station. i I Inferlo Page I flint EMT (" i i V P'� L.. Ly VOLID'4 PAGE a_ L I s 1 3. Bryan and College Station reserve the right to refuse to answer any call pursuant to this Agreement if their respective Fire Chief or his or her designee reasonably determines that the health, safety, or welfare of their city would be endangered by dispatching personnel or equipment outside of its corporate limits. 4. Bryan and College Station will maintain emergency medical equipment and licensed personnel in compliance with Subchapter C of Chapter 773 Health & Safety Code and will perform all activities related to this Agreement in accordance with the regulations promulgated by the Texas Department of State Health Services. Bryan and College Station will provide to the County, notwithstanding any HIPAA restrictions, an electronic copy of each run taken outside the corporation limits of each ic city, respectively, on a quarterly basis upon request. A "run" is defined as a single medical incident regardless of the number of EMS or other • � apparatus that respond(s). PAYMENTS 5. County shall pay Bryan and College Station$175,000 each annually for an aggregate of $350,000 for performing Emergency Medical Ambulance Services. Payment will be on a quarterly basis according to the following schedule: FY 2007-2008 i i Payment Due Date Quarter for which Amount Payment is made I October 1, 2007 October.—December, 2007 $43,750 (Bryan) $ 43,750 (College Station) •January 2, 2008 January—March, 2008 $ 43,750 (Bryan) $ 43.750 (College Station) • April 1, 2008 April—June, 2008 $ 43,750 (Bryan) [1 $ 43,750 (College Station) R 1 July 1, 2008 July—September, 2008 $43,750 (Bryan) $43,750 (College Station) 1 i.II Interlace(Agreement EMS Page 2.0116 it VOL /Off{ PAGE a(PO • Hi. • 6. The County must make all payments to Bryan and College Station for these services from current revenues: 7. Bryan and College Station will bill the patients for Emergency Medical Ambulance Services for the services rendered in the County. The amounts billed or collected do not alter the amounts set forth in this Agreement. I However, Bryan and College Station will provide copies to the County of all EMS billings sent to County residents for EMS services provided ii outside the corporation limits of Bryan or College Station on a quarterly ji basis upon request. Additionally, sixty days prior to any action taken by Bryan or College Station to write off uncollected bills, Bryan and College ,I Station will provide to the County a list of all invoices and/or billings within the scope of this Agreement that are contemplated, determined or scheduled to be written off. 1 TERM AND TERMINATION 1 8. This Agreement term shall be from October 1, 2007, and terminate at midnight on September 30, 2008. Either party to this Agreement shall it have the right to terminate this Agreement,without cause, upon thirty (30) days' written notice of such termination. Further,should the Agreement be terminated the rights and obligations of the Parties hereunder shall terminate, except those rights and obligations that have accrued under this Agreement prior to the date of termination shall survive. 9. This Agreement may be renewed for two (2) one year terms on the anniversary date hereof. Such Renewal Terms shall be on the identical terms and conditions set forth herein, except the annual payment amount provided in Paragraph 5 of this Agreement may be modified as agreed to y■ by the parties. I NOTICES i 10. All notices issued between parties to this agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. mail to the following parties: Bryan: City of Bryan P.O. Box 1000 Bryan,Texas. 77805 Attn: Michael S. Donoho, Fire Chief Interlocal Agreement EMS Page 3 of 6 VOL Io4PACE a67I 1 h • • College Station: City of College Station P.O. Box 9960 11 300 Krenek Tap Road College Station, Texas. 77842 Attn: R.B. Alley III, Fire Chief County: Brazos County 300 E 26th Street, Suite 114 Bryan, Texas 77803 Attn: County Judge Randy Sims DEFENSE OF CLAIMS 11. Subject to the limitations as to damages and liability under the Texas Tort, Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any party to this Agreement, or any of its officers, agents or employees as a result of its performance under this agreement. If any party to this contract is sued by a third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the governmental. unit that would have been responsible for furnishing the services in the absence of the Agreement is responsible for any civil liability that arises from the furnishings of those services except for personal injury, personnel and/or retirement benefits of the personnel of the responding city, and/or damage to or resulting from use of any equipment of the responding city. MISCELLANEOUS 12. If any provision of the Agreement shall be held to be invalid, illegal, or • unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. j 13. All parties to this Agreement agree that payment for the performance recited herein will be payable from current revenues available to such paying party. 1. Interlaced Agreement EMS Page 9 of VOL I o 4 PAGE ;t,a • 1! 14. This Agreement is the entire agreement among Bryan, College Station and the County relating to the provision of Emergency Medical Ambulance Services and supersedes any and all prior agreements, arrangements, or 'I understandings, whether written or oral. 15. This Agreement is for the benefit of the parties to this Agreement, and does not confer any rights on any third parties. I 16. No amendment to this Agreement shall be effective or binding unless and until it is reduced to writing and signed by the authorized representatives of all,parties.ti � 17. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 1 gt tY, k 18. Failure of any party to enforce a provision of this Agreement shall not constitute a waiver of that provision nor in any way affect the validity of this Agreement or the right of any party to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the parties) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 19. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. r) i 'j ri 1 i rp I 1 Interlocal Agreement EMS i Page of VOL ) D9PACE a(a3 lip , • • N)W THEREFORE, this Agreement is made and entered into this /3 day of Ina e y , 2008, by and between Bryan, College Station and Brazos County. This Agreement shall be effective when signed by the last party signing makes the Agreement fully executed. City of Bryan City of College Station Br: •s Co •ty /^—. // (%�4S • .� I Mark Coulee, Mayor Ben White, Mayor Randy Si. s, County Judge ATTEST: ATTEST: . ATTEST: teSfratta Connie Hooks Kare• McQueen.A.. ig p„�;1,_D • City Secretary City Secretary County Clerk �'`� i `"^ _ t� — 14 APPROVED AS TO FORM: ce Hampton , Ann'pote11 Tina ( Snellin•/ :y Magness City Attorney City"ttomey Assistant County Attorney City of Bryan,Texas College Station,Texas Brazos County, Texas • Interlocal Agreement EMS Page 6 of 6 VOL 104'PAGE aZ L4 • � { EXHIBIT "A" •; 5 r;h t nZp T l: N a ,. 4 t.4; «. 1280 000 t n n : sf :;.,,.4 , M ss99 d3 ;� rt �+ iF*'• : :e b '✓n kGt + , r i .4., F+ u ,rfit 47) 1 ` 71',7\ '11 } v ` 30" n • 1 Automatic Aid r �4� �j ' Response Districts � t -'f$ ,, College Station Response District s - Bryan Response District `d i Bryan ®1 College Station , , i •r w a , 1 *yl B R A Z O S COUNTY Deft Published: 21 December 2007 4, i Road and Bridge Department Created�' fere O'Brien use a Notes For referential use only. VCL I Oil PAGE (01 5 • A6aosof!Volume Licensing Enterprise Custom Enrollment (indirect) i; �1 State and Local 1 Framework ID 1436 ■ Microsoft Business Agreement - - Reseller purchase order number(if applicable) number I Reader or M/rroaort allrlleroro U1063194. RwN/er to complete complete 1 1 • Enterprise Custom Agreement - Previous Qualifying Enrollment ' - number 01E(31288 number . 5805996 Realleror Microsoft elate to Resell*,to compete III complete Enrollment number Previous Qualifying Microsoft amaate to complete Enrollment end date I Reseaer to complete 12!31107 This Microsoft Enterprise Enrollment is entered into between the following entities signing, as of the • effective date Identified below. ilDefinitions. When used in this enrollment, "you" refers to the entity that signs this enrollment with us, and"we"or"us"refers to the Microsoft entity that signs this enrollment. "Qualifying Enrollment," means (i) an enterprise enrollment under a separate Microsoft Select Master Agreement or Microsoft Enterprise Agreement; (ii) any enterprise subscription enrollment entered into under a separate Microsoft Enterprise Subscription Agreement or (Iii) any other enrollment submitted under the Microsoft Enterprise Agreement identified on the cover page. All other definitions in the Microsoft Enterprise Agreement identified above apply here. II Effective date. If you are renewing Software Assurance from one or more previous "Qualifying • Enrollments"then the effective date will be the day after the first Enrollment expires. . 1 Otherwise the effective date will be the date this enrollment is signed by us. Where a previous Qualifying i Enrollment is being used, your reseller will require that enrollment number and end date to complete the I applicable boxes above. Term. This enrollment will expire 36 full calendar months from the effective date. It could be terminated ^I earlier or renewed as provided in the Microsoft Enterprise Agreement.We will advise you of your renewal 1 options before it expires. • Representations and warranties. By signing this enrollment, the parties agree to be bound by the terms of this enrollment, and you represent and warrant that: (i) you have read and understand the Microsoft Business Agreement identified above(if any)and the Microsoft Enterprise Agreement, including all documents it incorporates by reference and any amendments to those documents, and agree to be bound by those terms; and (ii)you are either the entity that signed the Microsoft Enterprise Agreement or Its affiliate. Non-exclusivity. This enrollment is non-exclusive. Nothing contained in it requires you to license, use or promote Microsoft software or services exclusively. You may, if you choose, enter into agreements with j other parties to license, use or promote non-Microsoft software or services. I i r 1 'I SW Microsoft Enterprise 6.4 Enrollment Cover page Page 1 of 13 (IndlrectxNorth America)June 2006 N36 � C YOL I n+PAGE ?MP n . '• !I I l , 1 This enrollment consists of (1) this cover page, (2) the Contact Information Page(s), (3) the Enterprise order information, (4) the Reseller Information Form, (5) the Media Order Form, and (6) the Core User CAL Terms and Conditions(if applicable). i i1 , Customer Contracting Microsoft Affiliate li i Name of entity• il Brazos County,Texas Microsoft Licensing,GP SI re• / Signature Printed name• Printed name j� Eric V. Caldwell l Printed title• I Printed title Director of IT I� :I Signature date• Signature date • 12/20/2007 (dale Microsoft affiliate countersigns) Effective date •Indicates required fields (may be different than our signature date) THIS ENROLLMENT NOT VALID UNLESS SIGNED BELOW BY TEXAS DEPT. OF INFORMATION RESOURCES Required Approval by Texas Department of I 9 information Resources: il I I By: d h (Signature) Name: rl (Printed) ll. t Title: `I (Printed) t I Date: Mir rosoft Vo4une Licensing web sites I .;I Product use rights - htto://microsoft,com/licensing I Product List htto://microsoft.COm/licensing Microsoft Volume Licensing Services(MVLS) - httDs://licensino.miCrosQft,COm/ ! •esseord -•Ste to vbw alert under It enrollment Customer guide = t il I i II II it 810 Microsoft Enterprise 6.4 Enrollment Cover page Page 2 of 13 l (IndirectxNorth America)June 2008 N36 tE VOL )O'IPAGE ?le7 ■ I, i I S Noun r, to Microsoft should be sent to: Copies should be sent to: Microsoft MSLI,GP Law and Corporate Affairs 8100 Neil Road,Suite 210 One Microsoft Way Reno,Nevada USA 89511-1137 Redmond,WA 98052 . USA Dept.551,Volume Licensing Volume Licensing Group j (425)938-7329 fax Attachments: - 'i la Media Order Form(required) ❑ Core User CAL Terms and Conditions.If atoneable El MS Capital Form.If aoolicabie Customer Please remit to your reseller. Reseller Please remit to Microsoft. ii rI F !'.SLG Microsoft EA Enrollment(Indirect)va.3 Cover Page Page 3 of 13 (North America)August 1,2005 VOL 04 PAGE a lob is ® ' i 1. Contact Information. Each party will notify the other in writing If any of the information in the following contact information page(s) change. The ' indicates required fields. By providing contact !I information, you consent to Its use for purposes of administering this enrollment by us, our affiliates, and other parties that help us administer this enrollment. I; Primary contact information: The customer signing on the cover page must identify an individual from inside its organization to serve as the primary contact This contact is the default online administrator for this enrollment and receives all notices unless you provide us written notice of a change. it The online administrator may appoint others as administrators and grant others access to online i I i information. I i Custoinet I I Name of entity' Contact name' I Brazos County, Texas Last Caldwell e First Eric Street address• Contact email address(required for online access)• 300 E. 26th Street ecaldweii@co.brazos.tx.us i, City• State/Province* Phone - Bryan TX 979-361-4409 Country• Postal code• Fax US 77803 979-361-4408 ■ Notices and online access contact information: Complete this only if you want to I designate a notices and online access contact different than the primary contact. This contact will become the default online administrator for this enrollment and receive all notices. This contact may !I appoint other administrators and grant others access to online information. 1 Notices and ontlne access contact I71 Same as primary contact ` + Name of entity Contact name Last First Street address Contact email address(rewired for online amass) p City State/Province Phone I Country Postal code Fax II I SLG Microsoft Enterprise 6.4 Enrollment Contact information Page 4 of 13 III (Indlrect)(NOnh America)June 2006 N36 VOL I014PAGE r &? r i . . Language preference: This.section designates the language din which you prefer to receive notices. English Additional electronic contractual notices contact Information: This contact will receive electronic contractual notices in addition to the notices contact This contact is not required if you do not want an additional set of notices issued. Electronic coeriractual notice; contact Name of entity Contact name :I Brazos County, Texas Last Ramasamy First Sudhakar • Street address Contact email address(required for electronic notices) 205 E. 27th Street sudhakar@co.brazos.tx.us City Stale/Province Phone Bryan TX 979-361-4688 Country Postal code Fax US 77840 979-361-4408 Software Assurance benefits contact: This contact will receive communications concerning Software Assurance benefits, and any additional TechNet subscriptions that have been ordered separately from Software Assurance under this enrollment. This contact is optional. If this contact is not '. completed, any notices for Software Assurance benefits will default to the notices and online contact. Software Assurance benefits contact Name of entity Contact name I(Last 1 First 11 Street address Contact email address(required for electronic notices) City State/Province Phone 'r Country Postal code Fax I it . 1 SLO Microsoft Enterprise 6.4 Enrollment Contact information Page 5 of 13 I I (Indirect)(North America)June 2006 N36 I I VOL 104PAGE a-70 • I MSDN contact: This contact will receive communications concerning registration for MSDN products ordered under this enrollment. This contact is optional. If this contact is not completed, any notices for MSDN will default to the notices and online contact. MSDN contact Name of entity Contact name Last . 'A . First ;..j Street address Contact email address(required for electronic notices) City State/Province Phone i ® Country Postal code Fax Microsoft account manager: This section designates your Microsoft account manager contact. Microsoft account manager name Microsoft account manager email address .I Jerry Van Valkenburg jerryV microsoftcom it l SLG Microsoft Enterprise 6.4 Enrollment Contact Information Pape 6 of 13 (Indireet)(North America)June 2006 N36 VOL 1 v4PAGE a71 ii • 2. Defining your enterprise. Use this section to identify which affiliates will be included in your enterprise. Your enterprise must consist of entire government agencies, departments or legal Jurisdictions, not partial government agencies, departments, or legal Jurisdictions. Each affiliate must be entirely "in' or entirely "out.". All affiliates acquired after the effective date of this enrollment that are not party to a Qualifying Enrollment of their own will automatically be included unless you fill in part b below. �� Use thi part (;t} to cretortrrm- which curry t aflr6,rt[.. writ He It:ch,ded 41 )nur rrtrrpff,r, ® Only you(and no other affiliates)will be participating - . n You and the following affiliates will be participating (attach a Oat of names on a separate piece of paper if more than 10 affiliates we being Intluded): • 7 9 10 d. Use lhoz part rip to ■ rdicrtte witethrf affiliates with which you ornsolu/at: after the on;0111110 rt ri Exclude all affiliates consolidated with after the enrollment effective date that are not party to a Qualifying • Enrollment of their own. II i SLr3 Microsoft Enterprise 6.4 Enrollment Enterprise order information Page 7 of 13 (IndlreetxNorth America)June 2006 N36 VOL I o4PAGE di VOL____ I • 3. Selecting your language option. Select the option for the languages in which you will run the products licensed under this enrollment. The options and their corresponding languages are Identified here. Alt lasrgliay'S .r. r.4,, '4p. , ., 5 4.4vva Arabic Danish Czech Bulgarian Dutch Estonian Chinese Simplified English' Hungarian Chinese Traditional Finnish Latvian Croatian French3 Lithuanian English'Hebrew German Polish Indic Greek Slovenian Japanese Italian Slovak Korean Norwegian ®, Portuguese(Brazil) Portuguese(Portugal) Romanian Spanish2 Russian Swedish Serbian Spanish2 Thai Turkish Ukrainian ' English is a Listed Language if this enrollment Is signed outside of the following countries and a Restricted Language if this enrollment is signed inside these countries: Austria, Belgium,Cyprus,Czech Republic, Denmark,Estonia, France,Finland;Germany,Greece,Hungary,Iceland,Ireland,Italy,Lewis,Lithuania, Luxembourg,Malta,Netherlands,Norway,Poland,Portugal,Slovakia,Slovenia,United Kingdom, ij Switzerland,Sweden,or Spain. English is a"Listed Language",except when restricted as deathbed In the Languages" (see footnote 3) _ . "Restricted ng ag es"list( ) 2 Spanish is a Listed Language only if this enrollment is signed in Latin America and'is otherwise Restricted Language. 3 French Is a"Listed Language'if signed In Canada' • Select All Languages to run your products in any of the Listed, Extended or Restricted Languages. This option also allows you to run Multi-Language packs for your products. • • Select Listed Languages to run your products in those languages. • Select Extended Languages to run your products in those languages. • If you select the Listed or Extended Languages option you may run up to 10%of the copies of each of your products in All Languages. Check one box ® Listed Languages ❑ All Languages . i. ❑ Extended Languages SLG Microsoft Enterprise 6.4 Enrollment Enterprise order Information Page 8 of 13 (Indirect)(North America)June 2008 N36 VOL 1D 4 PAGE a13 I= • • a Language allocation. Provide us with your good faith estimate of the specific languages in which you will run all copies of all ' products and the approximate percentage of those copies you will run In each language. Information that you provide here does not limit your future use of products under this enrollment in any permitted language within the language group you select above. Attach a separate sheet if more space is needed. L Ann u,lfp, Percentages English 100%% oh 5. Applicable currency. Payments made in connection with this enrollment must be in U.S. Dollars • 6. Establishing your price level. The price level for enterprise products is determined by the terms and conditions of the enterprise agreement. Your price level for additional products will be level D . Qualified desktops: You represent that the total number of qualified desktops in your enterprise is, or will be increased to,this number during the Initial term of 575 this enrollment(This number must be equal to at least 250 desktops). Qualified users: You represent that the total number of qualified users in your enterprise is,or will be Increased to,this number during the initial term of this enrollment(This number must be equal to at least 250 users). • ~ f • I I I SLG Microsoft Enterprise 8.4 Enrollment Enterprise order information Page 9 of 13 (Indirect)(North America)June 2008 N38 VOL I04PAGE a.`� 4 • a i 7. Enterprise product orders. Your reseller will provide you with your product pricing and order. Your prices and payment terms for all products ordered will be determined by agreement between you and your reseller. 'I Your reseller will provide us with your order separately from this enrollment. j We will invoice your reseller in three equal annual installments for the enterprise products covered by your initial order. The first installment will be invoiced to your reseller upon our acceptance of this enrollment the remaining installments will be invoiced at the next two anniversaries of the enrollment effective date. We will Invoice your reseller for the enterprise products covered by any true up orders in total upon our acceptance of each true up order. Select the enterprise products to be covered by your initial order. If you select the Core CAL, you must select either desktop or user licenses. I Dc ktu}� User r tor);i'�Nt. -rI U.'.1-, 1 ! I' UI5CS Windows Desktop Operating ® System Upgrade Office Professional Plus' CO Office Enterprise ❑ Office Standard ❑ !j Core Client Access License 1,2 ❑ ❑ Enterprise Client Access ❑ ❑ License Suite l.2 Exchange Server Client Access ❑ ❑ License Standard' Exchange Server Client Access ❑ ❑ License Enterprise' Office SharePoint Server Client ❑ ❑ ® Access License Standard 2 OfficeSharePoint Server Client ❑ Access License Enterprise' Windows Server Client Access , License' D. 0 Systems Management Server Configuration Management ❑ License Systems Center Operations Manager Client Operations ❑ Management License ggg SLG Microsoft Enterprise 6.4 Enrollment Enterprise order information Page 10 of 13 (Indlrect)(Norttl America)June 2006 N36 VOL )b 4 PAGE 2-15 1110 , I h • • Windows Terminal Services ❑ ❑ Client Access License 2 — ■ Office Communication Server Client Access License it ❑ Standard 2 ❑ Office Communication Server • Client Access License ❑ ❑ Enterprise2 SQL Server Client Access ❑ ❑ Licensee Microsoft Rights Management ❑ ❑ Services Microsoft Forefront Security Suite • The components of the current versions of Office Professional,Office Standard and the current versions of the components that make up the Core CAL,are Identified in the Product List. • 2 If you select a User CAL and the agreement identified on the cover page is version 6.1 or earlier, the User CAL Terms and Conditions apply. • ! I II SLG Microsoft Enterprise 8.4 Enrollment Enterprise order information Page 11 of 13 ;�(Indfrect)(Noetl,America)June 2008 N38 VOL 1 Dif PAGE • Ii • 8. Additional Products We will invoice your reseller for each additional product covered by your initial order in three equal annual Installments. The first installment will be invoiced to your reseller upon our acceptance of this enrollment the remaining installments will be Invoiced at the next two anniversaries of the enrollment effective date. We will invoice your reseller for any new additional product not initially included In your enrollment In total upon our acceptance of your order.We will invoice your reseller for additional products initially included in your enrollment and covered by any true up order submitted during the Initial term in total upon our acceptance of your true up order. 9. Qualifying systems licenses. All desktop operating system licenses provided under this program are upgrade Licenses. No full operating system licenses are available under this program. Therefore, if you select the Windows Desktop Operating System Upgrade & Software Assurance, all qualified desktops on which you will run the Windows Desktop Operating System Upgrade must be licensed to run one of the qualifying operating systems identified in the Product List at http:f/www.microsoft.com/licensinc. Note that the list of operating systems that qualify for the Windows Desktop Operating System Upgrade varies with the circumstances ®j of your order. That list is more extensive at the time of your initial order than it Is for some subsequent true ups and system refreshes during the term of your enrollment. 10. Renewal orders. For any 38-month renewal, your renewal order will be invoiced to your reseller in three annual installments. The first installment will be invoiced upon our acceptance of the renewal order; the remaining installments will be invoiced at the next two anniversaries of the effective date of that renewal term. For any 12-month renewal and for any true up orders,we will invoice your reseller in total upon our acceptance of your order. • • j h � I 'I a l i SLG Miaosoft Enterprise 6.4 Enrollment Enterprise order information Page 12 of 13 (Indired)(North America)June 2006 N36 VOL_ 101-/PAGE 19-37 I • I I 'l i il General Information .,1 Reseller company name: i Street address:(PC)boxes will not be accepted) (. City and State(Province and postal code: Country: � Contact name: • Phone number: it 1 Fax number: ii 1 Email address: I The undersigned confirms that the reseller information is correct. i Name of reseller i Signature ' Printed name Printed title 11 ill Date I ' SLO Microsoft Enterprise 6.4 Enrollment information form Reseller infor Page 13 of 13 N38 (Indirect)(North America)June 2006 for . vat) agPAGE D-7181 • 1 �. 81.0 Enterprise an d Ent erp rise Subscription Media Order Ferns Media shipping infonnat/on fond-starter CD kit • •r!.n■nlhn •nt loot wittltol Res�aic• con!.)( Agreement Company name: number(Roselle(or 01E81288 Microsoft affiliate to complete) - J Enrollment number , Contact name: (Mlcrosoe dlaate to , Customer contact Contact email: Name: Eric V.Caldwell, • fi Contact phone: THIS FORM MUST BE ATTACHED TO AN ENROLLMENT. At your option, starter CD kits and CD-ROM subscriptions relating to your enrollment that you choose to ® receive will be shipped to the address below. Terms used but not defined in this form have the meanings given to them In your enrollment Identified In this form. The starter CD kit ship to information identifies the delivery location. If you do not elect physical media, and Intend to download copies of software instead, please provide the download delivery location as the starter CD kit ship to information. it Starter Co kit ship to information, t•gwrrd udor Mal n,u ® Same as notices contact In the enrollment Customer name" - Contact name* Street address*(no PD boxes accepted Contact email address" City and State/Province" Contact phone number• Country and postal code* Contact fax number If you choose below to receive media,then upon our acceptance of your enrollment, we will send you your starter CD kit in the language(s)you select. This starter CD kit will be provided at no additional charge,in order to permit you to exercise the license rights granted under your enrollment and related Enterprise Agreement.You may also subscribe to updates in the form of CDs,or upon reasonable notice,electronic download or similar other means. If you need additional starter CD kits and updates, you may order these through your reseller for a fee. For a complete list of the contents of any kit,visit the web site at http://selectug.mslicense.com/. it ® Yes,I want to receive a starter CD kit(media) ® u85Pd at soot to subscribe to receive CD kit � M1 !� n No, I do not want to receive a starter CD kit No, I do not want to subscribe to receive CD (media) kit updates SW Microsoft Media Order Form v6.4 Page 1 of 2 (North America)(indirect)December 1,2005 okPAGE. 2-79 SLG Enterprise and Enterprise Subscription Media Order Form • Media shipping information form—starter CD kit(continued) Lan arra•e E :: • .:KK .u,� 1 a En•lish _P__in E •IbhlMuhi-La •u-•e" _a_ Arabi: - . ®•® Brazilian Portu•uese _•� ,J I. Su.adan - - ..- . Su • Chinese Sim'Idled'" . ' _O_ ;� Chinese Traditional , •< . _a' Chinese Traditional Hon. • •/Pan•Chinese a Croatian ^ - .. _a_ Czech _•_ Danish _I_ Dutch • =W' • Estonian _01_ Finnish _• - __a'_!_ ' '..i j. German _a__f _ Hebrew _a' Hu •arian - _a Italian _a • Ja•anese •_ , _ Korean Via Latvian _0111. Lithuanian NW-' No •aan _a_ Polish _a-_ Portu.uese _1_ _1_ I Russian MINIM Serbian _1_ ... ' Slovak _a_ Slovenian �I S•anlsh _a__a _a • Thai IIIIIIIII__ -_ ! ° Turkish J a' Ukranian _•_ . • ` Mapping Kit is not available for use in or shipment to India,Hong Kong SAR,Macau SAR,China, Morocco Pakistan,and Turkey. "Before installing any of the Multilanguage Packs,the English version of the product must first be '.J Installed.If you order EnglishtMultilanguage,you must also order English. in Chinese Simplified Windows XP Professional is not available in the Enterprise Chinese Simplified Kit and is only available in certain countries. Contact your reseder for availability In your region. . ++I a Nof Available • SLG Microsoft Media Order Form v6.4 Page 2 of 2 (North America)(Indirect)December 1,2005 VOL I bq PAGE 2$D s •/ Sill-Government Solutions State of Texas Gov't Sales Team Government Solutions +.• 806870-6079 www.texes.es.shl.com Microsoft Enterprise Agreement-State of Texas Government Pricing Oast Grose-Account Executive Quote to: Brazos County 1250 Caput of Texas Hwy.1.360 Eno Caldwell Austin,Texas 76746 - 1 Prone 512-634-6100 [ Phone: pp t Ole Enterprise Products Per-Desktop Price Extended Annual Price I 575 -MS Non Platform Enterprise Agreement SA ONLY $115.00 $6612600 Includes Office Pro Plus Windows OS I Oty Additional Products-Software Assurance Only Annual Unit Extended Annual Price ®Pro Vlskd Proleaalonal wM r Pro/xY Server CAL) ry o Professional $158.00 $6700 $765.00 ..._.._.__� 1870.00 1 Total Annual Rice-Additional Products S1,635.00 I Annual Price•EA Desktop+Additional Products '. Y'. ® I Total Year EA Price C NOTE:ORDER FOR ENT AGREEMENT MUST OE ACGOMPMaa1 OVA A SIGNED ORIGINAL Me ENT ENROLLMENT FORM Annual Desktop True-Up Prices Pro-Plus,CORE CAL,Wtnl Year 1-$552 : Year 2-$480; Ysar 3-$357 @ @ @kMM I Date Quoted: December 1,2007 I Fr • t 1 I 1 I 1 I 1