The URL can be used to link to this page

Home My WebLink About1999-05-17-0900AM-Regular• BRA AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON MONDAY, MAY 17,1999 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation - Commissioner Jones. 2. Pledge of Allegiance - Commissioner Jones. lei 3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens wishing to address the Court on county-related issues not scheduled on the agenda. Please limit subject matter to five minutes. The Commissioners will receive the information, conduct research into the matter, and/or place the matter on a future agenda for discussion. (A recording is made of the meeting; therefore, please give your name and address for the record.) Consider and take action on agenda items 4 - 19: 4. Budget Amendment No. 98/99-23. 5. Request by County Auditor for addition of a temporary, part-time intem position. 6. Personnel Change of Status. 7. Payment of Claims. 8. Contract with the Texas Department of Protective and Regulatory Services to provide Title IV-E funds for expenses related to the preparation for and participation in judicial determinations for cases filed by the Department. , 9. Amendment 1-00 for contract with the Texas Department of Protective and Regulatory Services. 10. Tax Resale Deeds and authorization for County Judge to execute tax resale deeds for the following properties: a. Lots 23 and 24, Block 1, Southland Addition to Maria Blanco b. Lots 9 and 10, Block 84, MillicanTownsite to Shannon Stephens c. Tract # 1: Lot 5, Block 67, City of Bryan to Tamara Jackson d. Lot 2, W. J. Coulter's Subdivision to.,Tamara Jackson and Danny C. Smith 11. Appointment of a representative to the Bryan/College Station Economic Development Corporation Board of Directors. It Commissioners Court Meeting Agenda May 17, 1999 Page Two 12. Proposed cancellation of May 31, 1999 Commissioners Court Meeting. 13. Blanket Purchase Orders a. $5,000.00 to Lange Micrographics for the District Clerk b. $750.00 to Butterkrust for Juvenile Services Department 14. Requisitions from Capital Projects Fund for: a. Hub for the District Attorney's server b. Hard drive, network card and server for the Narcotics Task Force 15. Rejection of Bid #99-034, Shop Supplies and Auto Parts. 16. Request by Brazos Center to purchase a pressure washer. 17. Request from Russell F. Goehl to install a pole and safety light in the right-of-way of Cole Lane at its intersection with State Highway 30. Site is located in Precinct 3. 18. The Final Plat of The Oaks, 31.00 acre tract, L. McLaughlin Survey. Site is located in Precinct 4. 19. Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right-of-way of Kopetsky Lane approximately 0.1 mile from Dick Elliott Road. Site is located in Precinct 2. 20. Announcement of interest items and possible future agenda topics. 21. Call for citizen input and/or concerns. 22. Adjourn. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (409) 3614102. e jQL..~PArak---kU- y.._..✓, w-_ ~ -w._.r-i i. .if...'.:tS.a~.r1.:.x-~..._..J..~._.~ ii_.LL_. a ....2._ai~...ar..~s. _L - , 01 FIIll. E-- D 99 MAY 13 PM 3: In BRAZOS COUNTY r.~a..1.,... .1 CLEPA ORAZCS lls1' _C Uri r1113 BRYAN, TEXAS HYA 8 OEPUTY I . I '1 ADDENDUM TO AGENDA BRAZOS COUNTY COMMISSIONERS COURT MAY 17, 1999 • The following items are added to the agenda for the Commissioners Court Meeting conducted on May 17,1999: Consider and take action on: A. Communications System Agreement with GTE Southwest, Inc. for: 1) Telecommunications System for the courthouse 2) Telecommunications System for the Health Department 4 s )e' COMMISSIONERS' COURT REGULAR MEETING MAY 17, 1999 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Monday, May 17, 1999, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Wm. S. Thornton,,Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; • Carey Cauley, Jr., Commissioner of Precinct 4; Mary Ann Ward, County Clerk. Attached is a list of the citizens and officials in attendance. The Reverend Jones gave the invocation and Commissioner Jones led the of allegiance. pledge There was no citizen input and/or concerns. The Court next considered Budget Amendment #98/99-23.1 through 23.2. Amendment 23.1 was withdrawn the request of the department head. Amendment 23.2, would reverse a previous budget amendment for the office of Constable, Precinct 6. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to approve budget amendment 23.2, a copy of which is attached hereto. The Court next considered a request from the Auditor's office for the addition of a temporary, part-time intern position. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the request of the County Auditor for the addition of a temporary, part-time position. 1 I- . ' . % . 01 61 Commissioners Court meeting May 17, 1999 2 L t t The Court proceeded to consider the change of status of the following employees: NAME AEPARTMENT REASON Bates, Amy M. County Auditor New Emp Temp Zander, Jeff Brazos Center Resignation Diliberto, Scott Brazos Center New Emp Temp Ramirez, Rudy Road & Bridge Never worked Worthington, E. S. Road & Bridge Resignation Slayton, J. SO/Jail Tran to CA On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 99-006743 through 99-006960 On motion by Commissioner Jones, seconded by Commissioner , Thornton, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Texas Department of Protective and Regulatory Services. The Department will provide Title IV-E funds for expenses related to the preparation for and participation in judicial determinations for cases filed by the Department. The expiration date of the contract is August 31, 1999. Commissioner Thornton questioned if the department was Y2K compliant. On motion by, Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with the Texas Department of Protective and Regulatory Services. A copy of the contractual agreement is attached hereto. The next matter for consideration was Amendment 1-00 for the contract with the Texas Department of Protective and Regulatory Services. The expiz'ation date of the contract is changed from August 31, 1999 to August 31, 2000. The effective date of this amendment, is September 1, 1999. On motion by Commissioner Cauley, seconded by Commissioner Sims, Commissioners Court meeting May 17, 1999 3 the Court voted unanimously to approve Amendment 1-00. A copy of Amendment 1-00 is attached. On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to authorize the County Judge to execute Tax Resale Deeds to the following individuals: Maria Blanco - Lots 23 and 24, Block 1, Southland Addition, City of Bryan, Brazos County, Texas Shannon Stephens - Lots 9 and 10, Block 84, Millican Townsite, Brazos County, Texas Tamara Jackson - Tract #1: Lot 5, Block 0, City of Bryan, Brazos County, Texas Tamara Jackson and Danny C. Smith - Lot 2, W. J. Coulter Subdivision, City of Bryan, Brazos County, Texas The Court next considered the appointment of a representative to the Bryan/College Station Economic Development Corporation Board of Directors. On motion by Commissioner Cauley seconded by Commissioner Sims, the Court voted unanimously to reappoint Lynn Stuart to a three year term beginning June 1, 1999. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to cancel the May 31, 1999 Commissioners Court meeting. The Court proceeded to consider the following blanket Purchase Orders: Lange Micrograph District Clerk $5,000 Butterkrust Juvenile Services $ 750 On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered approval of requisitions from the Capital Projects Fund for the following purchases: a) Hub for the District Attorney $665.95 b) Hard Drive, network card and server for the Narcotics Task Force $1,137.00 VOL -ILa., AUN"il, 1 i 01 u t r Commissioners Court meeting May 17, 1999 4 ; On motion by Commissioner Cauley, seconded by Commissioner ! Thornton, the Court voted unanimously to approve the requisitions to be paid from Capital Projects Fund. The Court next considered the rejection of Bid #99-034, ! Shop Supplies and Auto Parts. The Purchasing Department is requesting that the Commissioners Court reject the bid because out of nine invitations to bid only one response was received. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to reject Bid #99-034. The next matter for the Court's consideration was a request by the Brazos Center to purchase a pressure washer. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to authorize the purchase of a power washer for the Brazos Center. The Court next considered a request from Russell F. Goehl to install a pole and safety light in the right-of-way Cole Lane at its intersection with State Highway 30 in Precinct 3. Mr. Goehl will pay all costs for installation and electricity for the light. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the installation of a pole and safety light. The Court next considered approval of the Final Plat of The Oaks at OSR Subdivision in Precinct 4. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approved the final plat of The Oaks at OSR Subdivision. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right-of-way of Kopetsky Lane 0I approximately 0.1 mile from Dick Elliott Road. The site is located in Precinct 2. The County Engineer stated that all ,r appeared to be in order and recommended approval. On motion by Commissioner Thornton, seconded by Commissioner Jones, the Court voted unanimously to approve the request from Wickson Commissioners Court meeting May 17, 1999 5 Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. Under announcement of interest items and possible future agenda topics the County Judge made the following comments: a) Budget requests will be distributed today. b) Meetings will return to Tuesday after June 8, 1999. c) The Judge will be attending the CUC meeting on Wednesday. d) There will be an AGC meeting at Pebble Creek on May 27, 1999. e) The construction in front is causing some problems but asked employees to be patient. f) The Jasper Case is being transferred to Brazos County and will cause some disruption to the Courthouse. There was no citizen input and/or concerns. The Court next considered an addendum to the agenda that dealt with Communications System Agreement with GTE Southwest, Inc. for a Telecommunications System for the Courthouse and the Health Department. On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to approve the Communications System Agreement with GTE Southwest, Inc.. A copy of the Agreement is attached. There being no further business to come before the Court, the meeting was adjourned. i • • The foregoing minutes of the Commissioners Court meeting held May 17, 1999 have been examined and are approved in open Court this the if d- . day of WOr&,nQEP 19in Bryan, Brazos County, Texas. Alvin W. ones County Judge m. S. Thor ton Commissioner, Precinct No. 2 Carey Cau ey, Jr. Commissioner, Precinct o. 4 To y ion4sX Commissioner, Precinct No. 1 , Z4, e-'O' j Randy S' s Commi Toner, Precinct No. 3 'Mary ArIn Ward County Clerk I[] ft r L BRAZOS COUNTY COMMISSIONERS/ MEETING ON AT tZQ A.M.I. rnL~a nr►c• vsvs...a..r...v.. , v . / G G~ arc 65 Gr / " 1 1 Ito i~ 1^ 1~1n S_fCc n Ana., eV- All -4 L 107 gcSv • u a BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1998-1999 BUDGET YEAR NO. 98/99 23.1 through 23.2 On this the 17`" of May 1999 at a regular meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Tony Jones, Commissioner, Precinct 1; Wm. S. Thornton, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Carey Cauley, Commissioner, Precinct 4; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on May 17, 1999 the Court heard and approved a budget amendment for the 1998-1999 budget year for Brazos County, Texas. 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 September 1, 1998 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 17`" day of May 1999. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Ca. Alvin W. Jones, County Judge t 1 .y l Original: County Clerk's Office°and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 98199 23.1 5/17/99 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 01 231001 611100 Dr. Conference & Seminar Fee 100.00 01 231001 654500 Cr. Equipment Maintenance 100,00 County Court At Law No. 2 To reallocate budget to allow for future requisitions and purchase orders to be processed. 1 f l ~a.,.y.~a.J.1~..~+.. _.-._.,...._.,....._1.Y~..~...,.~wr,i~La~+'1..o.k.~~. • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 98/99 23.2 5/17/99 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 01 306001 659500 Dr. Vehicle Maintenance 125.00 01 306001 802860 Cr, Equipment - Other 125.00 Constable Precinct 6 To reverse the budget amendment which was originally approved to install light bars on the countv vehicle. The vavment for the installation was then not approved. Ll 401 a f•,. ifUL -1 a W n u at_ 7DPRs ,Mh►17. 1898 Contract No. 97990003 1111.E ME (LEOAL) Effective : sp. 1. 1898 The Texas Department of Protective and Regulatory Services, hereinafter referred to as the Department, and B :os County. Texas, hereinafter referred to as the Convector, enter Into a contract to provide Title N-E funds to the Contractor for allowable expenses related to the preparation for and participation in judicial determinations for cases filed by the Department. The Department is the Single State Agency responsible for administering Title IV-E funds of the Social Security Act for the State of Texas. Accordingly, the Department and the Contractor agree to the following terms and conditions as set forth below The Contractor will certify additional administrative expenditures for allowable legal expenses related to the preparation for and participation In judicial determinations for cases filed by the Department, in order to carry out applicable provisions of Title IV-E of the Social Security Act which the Contractor is responsible for administering, according to the Contractor's Cost Allocation Plan approved by the Department. The Contractor agrees to comply with all applicable federal laws and regulations concerning Title IV-E funds including Office of Management and Budget (OMB) Circular A-87 and 45 CFR 1356.60(c)1211ii1. Circular A-87 and 45 CFR 1356.60 are incorporated In this contract by reference. The Contractor will be responsible for all audit exceptions and disallowances to their claims. The contractor will Insure that the cost of service provided will only Include allowable direct costs of the service plus a pro rate share of allowable supporting costs as described In OMB Circular A-87, Attachment A, paragraph G.1. Costs of legal services solely for the purpose of discharging general responsibilities as legal officers are unallowable as described In OMB Circular A-87, Attachment B, paragraph 8.16. IV. Costs which have already been allocated In the County and/or District/County Attorney's Cost Allocation plan for Federal Assistance Programs are unallowable (OMB Circular A-87, Attachment A. paragraph J.2.1. V. Administrative costs not fully within the county's organizational unit which provides legal services must be allocated In accordance with a cost allocation plan prepared in accordance with OMB Circular A-87. Contract I: Q222=1 au~..l~i--~'AG~' a~ Peps 1 of 3 Pages ~...-r,.l.~~r...t..._-...._~..... i.+.~,.-d - ..}.f. ~ - _•~..+~c'-..aiW:.i~+1,..»t.[.3i. w[-.y ...-.~.,,...w,~_t i__... _ • TOPRS July 17, 1998 TITLE IV-E (LEGAL) Ef active : Sap. 1. 1998 VI. Administrative costs including costs allocated to the county's unit providing service must be based on actual costs and allocated according to a methodology which takes Into consideration Title fV-E versus non-Title IV-E caseloads, Title IV-E allowable costs and OMB Circular A-87. VII. The Contractor shall submit an annual financial and compliance audit of the Contractor's fiscal year-end in accordance with Single Audit requirements of OMB Circular A-133 (Audits of State, Local Government, and Non-Profit Organizations), if applicable. VIII. The Department will monitor the systems used In the cost allocation methodology in order to recommend any necessary modifications to preclude financial exceptions. The Department is not responsible for the proper allocation of such costs, which are not apparent from the county's documents. The Department is responsible for making certain the costs are properly allocated on the document. IX. • The Contractor shall assure and certify that any and all computerized systems used in performing services under this contract Including, without limitation, security systems, fire protection systems, elevators. HVAC systems, medical equipment, databases, and accounting systems, have boon determined to be 'Year 2000 Compliant" In that there will be no interruption of services due to the date change occurring at midnight on December, 31, 1999, and all such systems shall continuo to function properly. Altorniitivoly, Contractor assures that there will be no material Interruption of services duo to problems caused by such date change, and there will be no material change in Contractor's ability to perform the services contemplated by this contract on and after January 1, 2000. Contractor shall Indemnify and hold the Department harmless from any claims, losses or damages resulting from any Interruption of services (including reasonable attorney's fees end costs incurred in defending against such claims). Contractor shall in no way be entitled to additional compensation or additional time to perform by reason of problems resulting from the date change, and shall not be entitled to claim force majoure because of any problems or delays In performance resulting therefrom. X. , The Department agrees to reimburse the county for these additional certified allowable Title IV-E administrative costs based on the county's documentation in accordance with Department and Federal regulations and procedures. Any federal disallowance of costs Is chargeable to the counties and not to the Department. The Department Is only responsible for processing and monitoring these claims. The counties are ultimately responsible for the accuracy of the claims. XI. CJ Claims under this contract can only be made for periods beginning with the later of the effective date of this contract, the date the contract Is signed by all parties or the date the Cost Allocation Plan was approved by the Department. Contract N: p7290003 Pow 2 of 2 Peon .11 TDPRS WIS W (LEGAL) .ury 17.1898 EK.cdw : Sp. 1.199s Xff. Claims under this contract must be billed on the attached forms, with Instructions. on a quarterly basis for quarters ending November, February, May and August of each year. Xlll. This contract will be formally reviewed annually In order to make necessary adjustments to insure that all appropriate claims are made. XIV. The Contractor agrees to not reduce the amount of certified administrative expenditures below the amount allocated in the current fiscal year preceding the effective date of this contract. For faithful performance of the terms of this contract, the parties hereto in their capacities as stated, affix their signatures and bind themselves, effective the -JAL day of September. 1998. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES BY: w~ ~c SUSAN THOMSON REGIONAL DIRECTOR DATE: L 18 If y Contract 07990003 BRAZOS COUNTY COMMISSIONER'S COURT BY: AL JONES COUNTY J COMMIS- 061C. PRECINCT 1 COMMISS ER, PRECINCT 3 C MMISSI ER, PRECIN T 4 DATE: 5~9~94 Page 3 of 3 Pagss ifu i • • OFFICE OF THE DISTRICT ATTORNEY '4,,Tt 4 ~4 L BILL TURNER 300E 26TH STREET DaMa AftAmsy tid SUITE 310 QUEEN WALKER BRAZOS COUNTY ftes" AssisLrol BRAZOS COUNTY, TEXAS COURTHOUSE CoaWyto► BRYAN. TEXAS 77803 GIL SCHULTZ OFF: 409 / 361.4320 kw"D w FAX: 409 / 3614M CPS Legal Support for fiscal year 1998, 1999 Salary expense: 74,485 x .50 37,742 (I attorney and 1 secretary, 50% on CPS cases) Benefits expense 22,024 x .50 11,012 Travel expense 200 Other expense 1,037 Supplies expense 7,500 / eleven attys x .50 ]4 50,331 Title IV-E Penetration Rate (.69) 34,728 50% FFP 17,364 Total CertiQed Amount 17.364 6 • 11~ 'a OWN I% . 1• , K STATE OF TEXAS COUNTY OF TRAVIS BRAZOS COUNTY - LEGAL TITLE IV-E CONTRACT NUMBER 07990003 AMENDMENT 1-00 AneWment Na 140 iffieetlwe hates 0f01d! Page 1 The Texas Department of Protective and Regulatory Services (TDPRS), hereinafter referred to as the Department, and Brazos County, hereinafter referred to as the Contractor, entered into a contract effective September 1, 1998. The Department and the Contractor agree to the following amendment to the contract. This amendment is effective September 1, 1999. 1. The expiration date of the contract is changed from August 31, 1999 to August 31, 2000. I I All terms and conditions of the contract not in conflict with this amendment are continued in full force and effect. The effective date of this amendment is September 1, 1999. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES By S AN THOMSON REGIONAL DIRECTOR DATE & 4 Ar BRAZOS COUNTY By a.-.. .Od-- C3~~~ AL JONES - IV BRAZOS COUNTY JUDGE DATE 5-i9-9q ifoL b r .1. 6i BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560001 DATE OF COURT MEETING: May 17 1999 ITEM: Request from :"rickson meek Special Utility District to construct a road bore for water line installation In the right of way of Kopetsky Lane approximately 0.1 mile from Dick Elliott Road Site Is located In Precinct 2. SOURCE OF FUNDS: N/A 1. PRESENTATION: A) No work will be permitted between front slope and/or back slope. B) The line shall be installed 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. C) If clearing of brush, trees and other obstruction Is necessary, It shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from County right-of-way. D) Duch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent Geotechnical testing firm; copies of all test results shall be furnished to the office of the Bravos County Engineer. E) Construction shall be In strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Hiahwavs, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUB I ED BY: APPROVED BY: Richard F. Vance, P.E. Commissioner William S. Thornton County Engineer Precinct 2 CC99-040 ApprovedZIDenied❑ by Commissioners' Court Date: 5 -i-y-99 C44.-- 29 Q~ Alvin W. Jones, County Judge m r t I • - REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is, hereby given t s(upplicant)W i c k s o n Creek S UD proposes to place n (type) water 1i n eWI>,e right-of-way of (road) K o a e t s ky L n. In Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that 1 • The County Engineer must by notified 72 hours prior to the beginning of construction in order that he or his designated inspector may Inspect the actual Installation. 2 That all damage to the roadways and rights-of--way will be repaired to their original condition to the satisfaction of the County Engineer. 3. That Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. That Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. S. That the line will be constructed and maintained on the County right-of-way In accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. That the line or lines will be constructed no less than twenty-four inches (241 lower than the lowest part of the drainage or bar ditch and the drainage Is to be considered at least two feet (2) below the center of the roadway. 7. That all sites will be barricaded -during the construction period. Construction of this line will begin on or after thel7tbay of May . 19i9 Firm: , -wicAson reek SUD By: .or Title: General Manager Thomas Address* o n_ Rex 4756 Br an, X. •409-589-3030 Phone: _ APPROVED BY COMMISSIONERS' COURT ON: 5-n Date Alvin W. Jones, unty Judge FWANd IrrW vuL Aa..-.PAUtL-.h21 W V THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL • 7 III y ~or:~tnav,a5 Oraw,ng Tor ptop0~c( ao' ecoct bore, us, vn9 IYa PYC_ encasemeyt+ p,Pe. 4,~Fk I" PVC w►~tar lme 0..,•A ~In~na I f11+ ;l0' Rood Bore f GTE ,f ~5 e t C ~ e e ~ ~4a9 K~~xtskY (jhomaK) r i . REMOVE FROM BOTTOM STUB BEFORE FILLING OUT THIS SECTION ® Telephone Operations °is nElti COMMUNICATIONS SYSTEM AGREEMENT PA* oel.aa ce"C~ FORM 9000.0110112 an 60011ro 0 • Fa - - THIS AGREEMEN T IS MADE BETWEEN A Customer (sullrwuendy relerted to as'CLntomer). B GTE Entity (subsequently Warred to as CUSTOM" NAAR OTE ENTITY NAM Brazos County Health Department GTE Southwest. Inc. EOI/%ENT LOCATION 6TREET ASSAi 7 oft" AOMS3 201 N. Texas Ave. 500 E. Carpenter Freeway eTTY STATE 2i COOK C"V STATE ZIP CODE Bryan TX 77803 Irving TX 75062 SALAD STREET AOORESS CUSTOMER NEIPL14 TELEPHONE NIp1eER 800-483-6000 CRY STATE ZIP DOGE IIP1UPI SERVICE TELEPHONE NUMBER 800-483-2000 CONTACT NMf CONTACT TELEPHONE NUMKR GTE REPRESENTAME NAM TELEPHONE NULISER Ken Bost _ 409-361-4440 111 Mike Armstead 409-821-4747 PURCHASE • 3 7Q Dired Purchase System Price = 28.676.67 or Q Third Party Leasemnance Additional Warranty $ Prepaid Maintenance $ GTE Installation of the System Included Applicable Taxes (estimate) $ -Exempt Total Price f 28 676.67 11 )MKT&x Exempt Number: 2140400 q1J ..p Gown Payment PO 0 Balance Due : 28.676.67 4 ADDITIONA L WARRANTY For the warranty period of a System Installed by GTE. GTE will provide warranty maintenance services during GTE's normal business hours. Monday through Friday, excluding GTE-observed holidays. GTE win respond during these times to maintenance requests for major System failures within fours of notice. When checked below, GTE wilt provide the following additional warranty coverage. Q Around-the-Clock Warranty i Extends Office Hours warranty coverage to 24-hour coverage for major tenures. Q Warranty Plus i Extends InTial warranty period by: Q 1 year Q 2 years Q 3 yeas (select one) Customer selects the following maintenance plan for Warranty Plus: Q Office Hours Q Around-the-Clock (select one) 5 MAINTENANCE Customer purchases after-warranty maintenance services under the Maintenance Plan and Payment Option selected below. A Type of Maintenance Plan (Select One) Office Hours GTE's Maintenance Services Guarantee 0. for any, reason. you we not satisfied with our Maintenance Services and wish to Cancel maintenance coverage. GTE ON refund Q Around-the-Clock the unused potion of prepaid Mainenance Services Simply notify GTE in writing at least thirty (30) days prior to cancellation 13 Maintenance Payment Options (Select One) Q Prepaid Maintenance - Discounted paid in advance ir.w .r.i VOL - J l2 .559 VU UF1111 '[WeRnlratNxl 3 ! 96 ~ Deterred Maintenance - 8iltirTO for main a a a txlce. Is e o ~r X3 r_" - ....1 _ a~~..i.. _ vw ....r a_ 1....~ ae... ~..1Yfi.a. .r..a rr4•.~v.r.-SJ .a.r~~.+..a S•...~- a.r ~.w .•~•ai .s • A r ~1~ • • -REMOVE FROM BOTTOM STUB BEFORE FILLING OUT THIS SECTION 6 System Type:-Modular Norstar ICS w/ Voice Mail OvNt My Mato" coda ldm Dnalptlon warranty Period in Months 1 Norstar Voice Mail Rls 4, Model 4 567040 24 1 Norstar KSU 0X32 ICS 397629 24 2 Trunk Cartridge 4 Port 348298 24 1 Software 4.0 566995 24 3 Station Module Fiber 397630 24 1 Power Bar 330608 24 1 Training Video 554538 N/A 1 Remote Access Device 461492 24 1 Expansion Cartridge Fiber 6 Port 348337 24 2 Aux Power Supply 330572 24 1 M7100 Telephone ASH 394162 24 57 M7310 Telephone ASH 394159 24 2 M7324 Telephone ASH 394165 24 6 Busy Lamp Field ASH 330476 24 2 Key Lamp Module ASH 837104 24 1 Power Conditioner 880826 24 Total Training Hours Allocated 20 See attached Equipment Description H equipment is not listed above. - 7 Attachment: Attachment. Attachment: Attachment: GTE seas and customer purchases the communicatans system (the -System' ) and the Installation, warranty and maintenance services shown on page 1 and described more fully on the reverse sides of pages 1 and 2 and reterenoed attachments This Agreement Indudes Important provWons concerning limitations d mwiity, warranties, and responsibility for long distance. tog and other teboommurocatlons charges Incurred through use of the System. This Agreemard is effedlve on the date accepted by GTE AT-Agreed to by Customer. B Aooepted by GTE: sarM,wc !Jl . 4ou„ .r.rrco wvf L J es 3+ Y o I rr.r,fo rrwK d' enden Elms mu r-0144" 3wnCor "M TfnA CATS Regional Sales Manager 5/3/99 C.~ Aaen id4&mnear s cu maw PA. wwwly wV THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL T? in -,A! J JjZ {~;!1= ~::2 iVtt•_ ^.A ..:r ; , ~~t.: rQ3~+ - PARR 1 - INSTALLATION SERVICES 1 TIGTA"TI011: Whom YeLkatorl by GTE all requested. GTE we dokvar, kWO NO ON to System M gat k operates In accordance wM nhsMacknft apedfln6one. When Customer frommet 9w-hMalaOon be Pollen outside GTE's noor1W work holds, Customer " pay GTE las premium drne cheraik Unless Custdner oOaMse requests in writs . GTE will, at CueomerI "per". apply Ior permits necessary, am Installation of the System OTE Oil provWe Custhrar wnnen Mille Iridkaling ft date to System 11,11 1 , operational (the "In-Senke Date, Should Customer request delay of Installation. GTE may , , etwe oomporents d lea system al Customers rtsk and espenw. 2 SYSTEM ACCEPTANCE: the System a ec0eplod by Customer on the In Serra Date, and Customer agrees to execute a certificate of acceptance after the In•Sernce Date upon request by GTE S TRAINING: When 20 days kftwrg Yradtlran of a te1000rremeXhrati0fa System. GTE will provide training on how to use the System as Shown on page 2. itemr 6 For dataloftra automation Systems. GTE will provide framing on nstanahon, configuration and performance bung at GTE's Den prevarWg rates a CHANGES- GTE will reasonably accommodate Customer requested flanges prior Is to in Service Date pursuant to a written purge older executed by both parties refl" an appropriate Proe adjustment S CUSTOMER RESPONSIBILITIES Customer will (a) Allow GTE access too nstallaiton, nspocton, testing, mamWwm and spar of to System and performance of any required samly (b) Provide suitable building facilities for the System in accordance with local codes (10. ducts g, conoun Sttoctural bortrhgs, etc lot cable and oonducton in floors. cabngs and walls), electrical service with suitable lermanafs and power Surge protection devices. are metatag pounds wan sufficient stacit in tleOquhprrent fooml ruaNd in codormhy with The Wabonal EIOCtrlcal Code and local codes (c) Provide necessary heating cooling, humidity and Ojai contra and satisfy any iota. banal emnronmental specilrcairens attached 10 this Agreement (d) Remove existing e(wpmem or cable that *matters with System Installation (e) Identify and (1*0030 to GTE concealed egwprern. wiring at conditions which Might be affected by Or might arced the nstallation of the System Customer Mss defend and hold GTE harmless from any Worn, damage or aaoisty, resulting from a IaMrre to disclose this nformatcn (n Aulnome GTE at Customer'S expense. to make Service reguasls upon Third parties for System intoroonnection requirements. Including obtaining telephone sauce for esting where necessary (g) Designate fresh deposit pants on each floor on which the System Is to Cif-Installed where GTE win place waste for removal by CustomOn (•h) Cooperate with GTE's requests lot assistance in testing or installation `Q Designate and Identify to 01 E an ndndual to serve' is a system Atinnisttatw and Dnr^ary contact . W Immediately hardy GTE of any anticipated delay in building avaliaDitdy or nabr4ty to - Neel any of the above-listed regunemens . • r•.1 r PART 0 - WARRANTY AND MAINTENANCE SERVICES 1. WARRANTY PERIOD. For Systems Installed by GTE, the -Warranty Penod• begins on the Ir-Servcs Date and continues for the applicable Initial Warranty paced shown on page 2, $am 6, as extended pursuant o Customer s selection of the Warranty Plus option Set forth and pegs 1, gem a . . i0. . r, 2:.AFTER-WARRANTY YAOtTENANCE: 11 Cwrsorner.purcatee~dbr•wall anry•aaw1w- name as Irl(s- ad on page 1. sem S. GTE will conarare lomardain The System alter e3ga sdark,"' . ~ of der Warranty Period on a year-wrier basis at GTE's tales prevaisnp at the beg"" of each after warranty maintenance year (the 'FlenowaJ Datel Customer may torminaw after-warranty maintenance at arty h me upon SO days Pror written notice GTE may terminate the after warranty maintenance upon 60 days' written notice-prior to the'Rerewaf Data GTE will give Customer written notice of price charges al least 60 days prior to the Renewal Date GTE will nvoice Customer according to the payment option Wectod on page 1 3 MAINTENANCE SERVICES For Systems installed by GTE, during the Warranty Pored, and it applicable during after warranty maintenance GTE wi0 maintain the System in good worlung order and replace or repair at GTE s open, any materials or oguprnom nocessany fair operation of the System (the fiMaintenafhce Services') e • MAINTENANCE SERVICES FOR ADDITIONS, Maintenance Servcoe Include matnto nape for additions to the System which are purchased from and installed by GTE dhrlrg the term of this Agreement If Csstomer purchases miler warranty maintenance for the System the GTE warranty for such ad(sdiens shag run until the Renewal Date closest to the and of the warranty period tot vase addndns, m0 that thpirafranty period lot the adattons vii be (h) NotalhrloW d aooow -1 systai hkea (1) Argr otPW W" MUW* agreed IDIn w b W Curtatar.afq QTl. ` 1: A I11a10r System 18A, is Msr cow 6yatam fakes or nWJunetlar, GTErv(a1 raopi, ID mlrer system lasirres tyfthhst 1 business day of rON" of a aquae 101' nrvfa 131TE wN charge Its then prevAl" rates for repair of minor System tallwes that Cueonmr requests be palm I au)ade of (6roe "aurS.• . , . , i a" " EXCLUSIONS: Mafnfenar: esa Swvkas do not Include The foaowarg, which ehas be charged at OTE'a pen pnevallov ret (a) Additions. C"Oll. felOCalena, f@MDValS, apaatng supp6as a accaalloree Ile) Operator. System Admenafrater and user haximg on a scheduled basis (c) SorvaAs necessitated by atwdent, usually. noglw, misuse, ntanlpW acts or any cause other a= normal use of the System (d) Repairs or replacements necessitated by lightning, rode frequency htederenbe, power asturbanae, life, flood, earthquake, o.cessive moisture or any event occvrrIng external to the System that directly at uhdroctly causes a malfunction in Me System, a private network to which the System is connected, or in telephone fires, cable of other equipment connecting the System to Ins pudic telephone network (e) Services necessitated by other acs of events that adversely Alto* the System or use by Customer or any third party of the System with any other device or system nor supplied Of approved as to Such combined use by GTE or use by Customer of any part of rte System n a manner not specited by GTE (f) Repair or maintenance or increase in normal service time resulting from Customer's failure to provide a suitable environment for the SyStam or any other failure of Customer to perform its rospons+Wnae (9) Repar or raplareneni of Customer owned deregulated outside plant cable unless specifically Included on me Equipment Description list J (h) -Loss or.reeovery of Customer data (Customer is respordabis am provodeq adequate back-up of data and lot rest0mg data to regired eguprhent ) (d Upgrades or enhancomenle to onia automation operating system software, excel Ior Corrective patties provided by the manufacturer 9 SYSTEM OPERATION, Customer span operate the System in the manner prescribed by GTE and shall not after the System in any way wilhoul the prior written consent of GTE Customer shall pay for repairs necessitated by unsullatued afteatton and such adoration may void to wannanty andlor cause GTE to terminate Maintenance Services Ounng'ghj period GTE provides Memlonanhco Services GTE may install new or updated software to maintain a System an current swoon without verge to Customer other can for addnonal memory capably hardware and installation Customer may use additional features of such new at updated software Ion a telewnmunications System upon payment of the applicable too ion such use 10 SYSTEM CHANGES AND RELOCATIONS' Costor is alias ho move the Systemiwmch- Yg eouranern at mayor System components without the prior wri en consent of GTE, which' consent shall not be withheld unreasonably but may be candito d upon modification of the terms of warranties and blantenance Services to reflect Changed Circumstances and location It relocation removal or rearrangement requites relaxation of the System to a different service address. GTE may moody its charges or terminate the Maintenance Services, provided that the unused portico of pepad Maintenance Services shag be refunded PART III - GENERAL TERMS AND CONDITIONS 1 RESPONSIBWV FOR TELECOMMUNICATIONS CHARGES- The System is nteroed )o be convected to the public switched telephone network Custom is solely responsible fair Saloom. anplemipmatan and main(anarha of security features for defense against u autho rued long distafnce tailing Customer is sotelyresponsrde for payment of long distance. ee and over teleoomimtrnrrat ens ranges Incurred through use of the System 2 LIMITATION OF LIABILITY EXCEPT PURSUANT TO PART M. SECTION S. GTE'S LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, SMALL NOT EXCEED THE PURCHASE PRICE FOR THE SYSTEM UNDER NO CIRCUMSTANCES SMALL GTE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, NOTWITH- STANDING THEIR FORESEEABILITY OR DISCLOSURE BY CUSTOMER TO GTE, INCLUDING, BUT MOT LIMITED TO, DAMAGES ARISING FROM DELAY, LOSS OF DATA, PROFITS OR GOODWILL GTE SHALL BEAR NO LIABILITY FOR USE OF EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT IN CONNECTION WITH LIFE SUPPORT SYSTEMS OR DEVICES GTE MAY FROM TIME TO TIME PROVIDE ADVICE, MAKE RECOMMENDATIONS OR SUPPLY OTHER ANALYSIS RELATED TO THE SYSTEM, EQUIPMCNT AND SERVICES DESCRIBED IN THIS AGREEMENT, AND, WHILE GTE SHALL USE REASONABLE EFFORTS IN THIS REGARD, CUSTOMER ACKNOWL- EDGES AND AGREES THAT THIS LIMITATION OF LIABILITY SMALL APPLY TO PRO, VISION OF SUCH ADVICE, RECOMMENDATIONS AND ANALYSIS. co)em unous with the after-warranty, maintenance year for the wWl System _ 11 ' ~ ae.,r7.►..-. v..rr.• . J -YIARjUUIT1ES:j1`r.j i •,e. ~~V'. r r' S MAINMA PI ANS OTE cols povlds .,ter tinder Maintenance , r. , ~ GTE Ebet not Install tie System, marwlactur •warranbea.are passed to the Warrany, Period uN1,YS Plan selected by Customer The Off" flours plan appries during • t Customer Arid Shall be to mitCbrsive warranty lot the $Yalem, except as provided w Ctatorrer purchases the Around tta•Clodi plan . _ : •h. _ r • - in (c) below In such wise. Customer is iespuns"o lot netuf numg (selective equipment (a) Office Hours 'Ropa.f of rwhw Systvm IaiMes wilt be porlormod a 00 a m to 5 00 P In and parts to to manufacturer. 4 r (7 30 a m to a 15 v m in Hawaii), local tiro: Monday through Friday. e,cAarg GTE, " . _ (b) When GTE nsWs Via System. GTE warrants la the Warranty Period Visa the' observed hordays('Offico Hours, (D) Around the CtoGh Froparr of nupr S ajIVUs win 0at1or 2m l ~ •s r? System and rmstalldtion work of GTE will be free from (selects in material sndl workmanMO • y llt I..- c•: T;e l .,:1Lr1 7days awroai fhdidays inCAdo(sa:•l , (c) GTE warrants tai good bib to the System will be conveyed id Customer "n lull' 6 REPAIR RESQOl;ISE. Fosporpp is aduowMdprgdm of a,y(Qotgo aJW fy l«OMrarQ CS a,/ ,.,f : pa,mwLL• r ' „y , . refOYmon. nvoM1'nIg w)0 of M of the foabwvg remote rn: v•h.C ••AxT a warry)4~a1~D rot cove ~artape,p the Syslem ceased in whoa Or.a1 pan' sat, s work to o0frocf ii Wr m v;W~ o(Ifcalion so Cuflomeraf~ en~•hyl~e~~u~` by CUStomer or third Parfioa through improper Vlotepe, Installation • operatien. l or bmpatch of tochtur an(s) to Customer's Premises The type of repair response vii dealer hd maintenance. neglect, abuse, unauthorized alteration otter equipment rad,o he- ! Cutloneia iqupmern and thaA''•i:,.•'+llea70ai-0Orl[eCl"'-' 7 MAJOWMINOR SYSTEM FAILURE: GTE ..a respond o rte S em lallures watMn • --ra,.erocrr me Iwo e0: or-eOnnsehon b#e pubhe telephone network _ - •'-i aeI Customera excuswe,rera0dy or breach of GTEa waptintestfRd Do.limaod'soI rePan ar•replecanenl-af6TE avPUOh.-oarty aeectncvan• provided ins! GTE' this erne specified tan page 1. 4am a, sub{ed o aovwage al selected Manterarioo Plan shall have no liability unless Customer provides GTE carmen notice within rite, more o ore latiQwrtg A System tarsus is one Of (a) Total .moist,to orgmatevo+oeendjwaatammxrnleetlwe. 3:I,tuv:•r. %YyaOawif!wodotuffo D 10twom ems.. tr t..._ ' C ~ (b) Total nadtny o b<odlss incoming voice an&or data cortrnnicaao s THE WARRANTIES STATED IN THIS SECTION ARE M UEU OF ALL OTHER WAR, (c) Tole sab.tity to procep w Qa andror date wrdmrwAtonm wain the Systwn RANTIES. EXPRESS OR IMPLIED, INCLUDING, BUT NOT UMITED TO, THE IMPLIED Ild) Tow rAW4.30 ~'•bid life-aide-ahdrorovsdaOt4a0rront^ l'+Ilwaewr•uha0•• WARRANTtESOPMERCHANTABIldTYANDFITHESSfiliIRAPARTICULARPURPOSE. 1 rvyhlmwmM j~ Fe ~rar A (1 WARRaNV V r min iicr nr Ter • v r■. as nunn..r.,- ..r , .rr It w Ir THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL )i 332.2=F'T tUCJ 4!_I 0 380:1-ma SUT2 r,'rbr.t • • r~ 4. PRICE AND PAYMENT TERMS completed and approved by Tw appropriate 9"Mit"antal agency and GTE Perloarrusnas (a) Unless ohor rise staled, prices include delivery to pro System address if Customer Obligations under this Agroermierd SW be extendod for the delay caused by ISM cleanup and GTE pg(ee d9 anyAwga to 7h%Aystorgbefore the n•Ssron'to D%Ia.,QTE w$.. Qr= Cusrf`6ladurodotogr~yo 0f contain1)~p(pOyy~ubslarw~ erEltio,GTE t ad LM t)evfdtai p,ncttese' Vtjop Brie Ntanabori chid eoeadvyy r; 1• ` ~ • b 1 to Agnitir tent Vdtthad h .i f,i-M' .~1~`~li~Grml. +~o;. ,Cd-,at{7,fa+tpfl (D)•tluftxnarrhan paj %u apprcabiFsates,' use bt ekdsa taxes ad the sameielis as` 'hoWirto GTE fa e,ipwsoi l11h6uAd ki pofIon!ftQ~, llkj o ht Gntrl lonngr.%;K 1 other charges pursuant to this AgraameM S t T I h (c) The down paymoni then accompany the flood Agroanonl Payment(s) of the _ ._-t2 DELAYED PERFORMANCE!tpedo^^enod moorIhIs Agreement hhrenaf•~ rcd U',. by j r 4belance that be made upon invoice by GTE Payments are due upon receipt of acts of God. war not. embargo. acts 'of lee G3vemrrionl In Ks sovereign capedty-lib& Invaoo and we Late 90 days after invoice date Customer shall pay interest on any ddhculbes unavadarkly of equipment or parts from vendors. charges yeQuestod by fiche past due balance at 1 1/2% par month (nol to exceod the maximum into allowed ref, or any other cacumstanoss beyond the reasonable control and without the fau/t q the under stale Law) If any payment for purchase of tw System is not recervOd within party affected. Such pant. upon giving prompt notice to the other perry shwa be excused 45 days of invoice GTE may remove the System and took as appropnele legal from such performance on a day-to-day bears to this extent of such hterferenoe (and the remedies. If payment for attar warranty-maintenance Is nol rooerved within 45 days other party shall likewise be excused from as podortnN,[e). provided that the panty so of invoice GTE may cease performing Maintenance Sennces and temunae the affected shat use reasonable efforts In remove such causes of nonperlor mmsn0a and both Agreement Panics shat proceed whenever sudh Causes are removed or cease r . (d) ff Customer cancels this Agreement before the bin-Service Oates cancellation must 13 DEFAULT ff either parry fats to Worm any material obligation under this Agrown0ol be in wnhng and Customer Shen pay GTE s charges for preparation, installation and or violates any matonal tern or condition of this Agreement, and such failure or viaalren is 1 removal at GTE s then current rates plus a reslockng charge of 15% of the System not aired within 90 days following recap of a default novice from tie offer party then the price GTE will apply any payment received from Customer to these charges and cow party shelf have the right to errata On Agreement upon written nausea 10 the will refund any balance if a deficiency results Customer shall pay such deficiency Oefidlng pant within 30 days of receipt of an invoice i (a) " Customer finances this purchase. GTE will refund amounts paid by Customer , i1• RESOLUTION OF DISPUTES, upon receipt bf payment in full from the third party lessor or brier Customer may (a) The parties desire to resolve drsplfas arising out of this Agriear ervi wmhotri litigation assign its rights and obligations under this Agree, w m to a wed party lessor Of Accordingy, except for action aeefuug a temporary restrain" order Of injunction lender acceptable to GTE or may cause he third parry lessor or lender to issue a related to the purposes of this Agreement, of-Sul to compel compliance with this purchase order in a form acceptable to GTE Notwithstanding such assgnmemt of third party purchase order. Customer, as lessee of the System, pall have the 001 resolution PrWAW FS as their ithe t copab r remody es agree to with use he respect following to o any any, controversy ersY Or dispute to enforce GTE s Obfgathon and vin remain responsible for performance of ft arising out of o or relating as to this Agreement or As breach obfigatiom under this Agreement. incluch. Payment! for to System ap breach _ (D) M thw carmen request of a b of perry. each party cam appoint a knowledgeable responsible S SOFTWARE LICENSE AND SUPPORT. representative to moot and negotiate in good forth to resolve any dispute tramp (a) The price includes a nonexclusive License from Tw software publrshon(s) Ile use under this Agraom,ont The panes mend that those nr"aratens be conducted by operating syyslam Software provided with a telecannunhwfens System in actor non Lawyer business representatives The location, formal frequency duration and i dance with the terms and conditions of the software publishers hconso(s) Customer conclusion of hose discussions shall be left to the discretion of the representatives shat acquire no other or additional interest in or right to such Software Customer Upon egroemont fie representatives may utilize other alternative dispute resolution snail net change of copy to software (except for archive copes) or make it evadable procedures such ea madratan to ass;st in the negotiations Quus:+ons and come- to persons who do not need d to Oprratm the System spondenro anon the repwo•.enanvos for purposes of these no"otalions shall be (b) Dump the permed GTF provides Maintenance Sorvcws, GTE will use reasonable Vented as eenfdonlial Information do"twwhd for purposes of Settlement, exempt i effnns to t,oniie and 1n-1a11 corrmctlWl sixfwnre Patches lot office aulOmatrml Sys from emcovnry and production, which 61Ltt na be lidmlS:lfdtd In to 111"Mnon lams software sold by GTE that promolm the ba x operation of the hardware and de%cnbnd bicker or in any Lawsuit w" the concurrence of at ponies Documents are shown on to Equipment Description lost as supported denuhod in or provided wth such communications. which are not pawed for fc) All other software provid d in oahjunctwn with to System is koensed b Custom & ^ purposes of the nngotiatens arena so dxempted end may. ri of eiwnse 6,41baCle. under ma License provided by the software pubh%er Support of such software is be oCmmed in evidence on the eronraten a Lawsuit 1 not provided by GTE wept this Agreement (c) if his aegaations do not msafve the dispute wAtwh fA dept at to initial vmfian request 8 RISK OF LOSS Risk of loss or damage to the System that is not caused by GTE ew *%We shit be Submitted to binding arbitration by a angle afberator pxtuars $0 we f,omrlw cal Arboalen Rubs of tw A encen Arbitration A-600 thon A panty dory own" fthaa f passes to Customer on delivery to the System address it GTE installs the System or upon t h such arbitration in accordance weh the procedures Set oA in thoss Mes Discovery delivery to the carrier or pickup by Custmef if GTE does not install - • be ca,trodod by t e a"ralor and shall be bertmtod to to oxford set nut n thasectrork 17 TITLE AND SECURITY INTEREST Until full payment has been made. Customer "rants Each pant may su t" n wmrg to s parry and that party "ISO respond lea e%Lnffw n GTE a purchase money security interest in the System agrees to execute all documents of any combination of 95 (new of which may have subparts) of the loso ing interrogatories. f necessary to perfect tat interest, and to the extent perm,ned by Law grants GTE a special demands to produce di*u2mnll, and requests lei adrrsvon Eadh party A also endned powerol attorney for the purpose of executing said documents upon foal payment, title to take to oral deposition of one individual of another party Additional discovery may he • passes to Customer and GTE will release ns security interest pamrtted upon mutual a"ree?wnt of the parties The arbitration hearing shall be corm r meneed within 60 days at to demand for arbitration The arbarauon shas be hold n the j.41 INDEMNIFICATION - - - - - - - - - • - pry whare this Kgreement was executed by GTE The erbaratorshal oentrd the saiiiiln" (a) Subject to the conditions and exceptions routed in this Section. GTE will defend so as to process ew matter expeditiously The parties may vubme wrnen briefs The and Indemnity Customer against so much of any clown sun. action or proceeding arbrvalet "Ill have no pwitrbr tut anfy'e make awards Of asirb orders of arty kind ('Clam') alleging that to System in the form supplied to Customer infringes a valid except as permitted by This Agreement and itlbStantve taw. and 1h no nova pas the U S patent or copyright and GTE agrees to pay an reasonable Litigation and settle- allrawe have the aut ment costs and attorney s lees incurred pry Customer in connection with any such damages The erb ermy to make any sward that provides for puwve r exempary . damanhatars decision shall losow to plain meaning of ma Aptee+therH erne Ciavm GTE shall have no obligation fa any cosis, fegssr.expenses incurrod by Cus _ ~ fekment documenits The mbrs'asa•eaw" an tedrapue byasaurp a writteriaprwon fomer wntwui GTE s prior wnten consent, any Claim ansing out of 'music on hold' wahn 30 days after the dose Of hearings The Ones ppetlfel n Firs "Coon rr,ay be ' or similar service Or any spacial consequential or nadenal damages ansinq out extended upon mutual agreement of to pai9e! W by ihe'Srbaraidr Lipari • showing to of any Claim The indemnity will not apply unless Customer (1) gives wnif nonce ,good Game merhVrpah ace on Ox alQm Mme %yeredin any vf~r uchAehn and &44 Inform L,~ef1 **30 GTE within 15 days olleee(pl bl iervios.d( ~y f, GTE1 ; K of - ts of vv; ~r9 4 ' ;;In* writing al any subsequAn bornmunlcnlions re~arrmg 6~mhe (2) fuNy cooparetea n . i. • • ~ r~l RL i:Clrus A 'party 6a::i' •JL"..-Tiq ~s~covory with GTE in he defense of &4 Claim and (9) provides GTE with information end let) EOUh pant s1ia11 b oar eL• own hos Iheso proco~u~ ass in Shall reimburse the responding pant to costs of production of docurents (to ncludo Rthe r Claim n defend wig the Claim GTE than have solo tomise of ;his rhdaPrlflY detente y search trine and coproduction oosts) The parties shall equaey tgth jh lisos~h the h ,O im and of anneigoh ations for ns Settlement or camprrrni - artitration end the arbltraer - - . v~ Shall MI apply to any Claim Or patiOn hereof that noses from any noglgont or will- ful act or Mission by a atnbu labte to Cusfomof use or operation of the System 15 MISCELLANEOUS in combination won materials data or programming of others, of any addition to or (a) No action or damadd 60f arbntratiomansrl" oil aria Agreanerd%d9( SVUght ( - modification of the System or use d Other than the curtenl unaltered rotolse of by a party more h"n Zean etl the ca of *,k m .This The,•pa!94s ~TE4ACAoo Q the .yalpm•GC'4 7t 4^Y }f:sit c j Y y~hxv,+►r• all wglyp/ View 'e1r r (dF3l~Ti 6~JQ C q~, rn~r (b f rt4 f^~4kGYrci! torte!ppgrf}tt h it?t b9 « !SiQaC4 a+tMae N v .e wtsflatda cs wg ens nq out of personal nfury, dnath or damage to property to the extent •,(b) GTE may%%a gn Qn A"reemaOYmthou t hostiWq% butrCust~fflnsysot design • t•' f proximatelyiihsbd lei/ the rOgllgr,ot% of G'it-i empbyoos of agonni in porfomdn" are .945Psqn• ' sarvtict+s under fhls Agreom it i Thit hndmnnety Goes not bltad Id any portion of e t• . vi Ilya A"rpamonl without GTE•s f.rlttlen.Fatsartt F.{OendaQ x'~ria(hUai i. I'the injury. deem er damage caused by ether the polo or contttbtnmil" theglipenes of able a transforreble. r, , • iii tin ri•• " hrf^' •f 1Cd rcesnyoltha w~aaiS ts} p , 1.tw gome Me Customer or turd parties GTE's obligation with respect to damage to Oro System (e} any right nGftt of a n p OpLron fld d ion Is ivol a waiver -fs limed 1o*epam or repfacement -at GTE's option. of the-d get gems - - d fu.tlDCg+d i ~?'°id not affect the validity of Wei Agreement •1f1lrKL'LLJ v*1 C) Qeave A 9 - COMPLIANCE WITH LAW-The speMmcatioAa and rectwTiomc 91 to System. as price (d) hlolrces mquimd by nth A"reanen shag bokrermltmq and shallbetrout by t and installation are based On earipiancO with • , fe Lawn ; cal a~ME drigmrrs which obtains a gram foeepl Notices anafd W, to tw,addro6a listed on the M by _ in effect on the date the price is quoted to ` the front nt of d ids Aprermwrt until ioddrou by GTE. on fo MEWC(JS`TOMEfir$•MCASE CfibERS: Purchase W Cusfomtar b _ ~ <el of This ins ~ stets ~ In T~ots A~j~ _ 11 16, and accepted by GTE are effective alley to specify goods and serylops ordered. Any f;praortterd b f~tartwr ~y, ion personal m in fret aria 8nd o.dfaa aP'M fin!! , 11 provislora contained in the Customers purchase ado or other skrAtar dectttltktf ewl4aum a,,,p Mb,W~ ~e i1 L , l a SM 16. dabta-Vt VarflOTE'a Obg" WO V A" Drier WS Agro0115eM TdeTterliby re)ef:1nQ - t prohibited by li-oplim law staff be blededNve and anal not ljpoorro pad of ma Misadlron wltou l GTE'a is writ oorn~senl f m Any plovism at Apr remaining -n u twithout hinfidaft ! ps a fraf U S e u All stf ^ r"`h r 9~(.r i I bl,C^d n"I'M \ 1 ~(.yrl~,ri rrf.rtr,ir~ -mr,,-►rr, r - ~11sAprbMtlsr,i ~ ~GhoiSb?Tri ~s~timamt2c Tin-~fy wr~+~►'-s''y"y"'rE7R a an» Cuaterwa nnriai b OTE _ "41~ figMl+~ylse, a'emr4~v~.r~ Tx~- y" mwdfhc~n erbadh/Oficaoo~R4in (c Telephone Operations Ammo" ' COMMUNICATIONS SYSTEM AGREEMENT raoR.r 50004M (12-SM P" - E..PrrN, colirm CUP" Cmw a.M ftvd • Far THIS AGREEMEN ETWEEN T IS MADE B A cuumw ( " fefarod to a -Cusla,0. B GTE Entlty (wb"Wentiy -Wen .a lo as 'GTE-) CUSTOMER NMIE are EMT" IWK Brazos County GTE Southvest. Inc. COU."m9T LOCATION STREM ADDRESS STREET ADDRESS 300 E 26th St. 500 E. Carpenter Freeway aTV STATE J' am OTI STATE IV am Bryan TX 77803 Irvin TX 75062 9LLPQ STREET ADDRESS CUSTOMER HEVL.E TELEHONE MUMMER 800-483-6000 CM STATE zip am REPAIR SERVICE TELEPHONE MAMA 800-483-2000 ` CQRACT NAM CONTACT TELEP04CK MRSR On REPRESENTATwt NAYS TELEPHONE MAMA Ruth McLeod 409-775-7400 Hike Armstead 409-821-4747 2 ' 3 X® Dvect Purchase System Price t 191.533.58 or ❑ Thud Party I-easwrinance Additional Warranty S Prepaid Maintenance i XQGTE Installation of the System inch nded Applicable Taxes (estimate) S Exempt Total Price S 191.533.58 -X91 Tax Exempt Mrnbsr: Down Payment' PO' • • S 0 Balance Due = 191, 533.58 ' L WARRANTY ADDITIONA For the warranty period of a System Installed by GTE. GTE will provide warranty maintenance services during GTE's normal business hours. Monday through Friday. excluding GTE-observed hoLdays. GTE will respond during these times to maintenance requests for malor System fadures within hours of notice. When checited below. GTE will provide the following additional warranty coverage. ❑ Around-the-Clock Warranty S . Extends Office Hours warranty ooverage to 24-hour coverage for major failures. ❑ Warranty Plus S Extends khitial warranty period by: ❑ 1 year ❑ 2 years ❑ 3 years (seW are) Customer selects the following maintenance plan for Warranty Plus: ❑ Office Hours ❑ Aiound•the-Clods wiect one) S Customer purchases after-warranty maintenance services under the Maintenance Plan and Payment Option sekoded below. A Type of Maintenance Plan (Select One) GTE's Maintenance SerAces Guarantee XM Office Hours it. fa any reason. you we not satisfied with our Maintenance Services and wish to Cancel maintenance Coverage. GTE will refund ❑ Around-the-Clack the unused Portion at prepaid Maintenance Services Simpy notity GTE In writing at law tarty (30) days prior to wroMECan. B Maintenance Payment Options (Select One) ❑ Prepaid Maintenance - Discounted maintenance paid In advance = i.nwr Pert XEkDolerred Maintenance - Billing for maintenance. at today's price. is deferred until warranty expiration S - . IrwPr N.r.l Bill my deferred payment: Q annually ❑ seml•arwhudly ❑ warterty C3 monthly "a TEAMS AND CONOnIONO PR.PTED ON M REVERSE 8104 OP PACES 100 1 AM PART OP THIS AGM11"rMr RS READ THESE TIRM. AND OONDoIRM CAMP10./ V 000CM /AVW01 THAH ArMOW"I pop I V'UL 01- . 1 66-11 61 / 6 System Type: _ Nortel M1-61C PBX Ouantlty Material code Item Description (in Months) 344 M8009 Telephone 17 M8314 Telephone 4 Single Line User Guid e (100 Pack) N/A 10 M2008 6-Line Digital Telephone Ash 12 30 M2616 Digital Telepho ne Ash 12 8 22 Button Add-on Modu le Ash 12 8 Add-0n Module Foot St and 12 40 Feature Ca Pack 12 3 User Guide Digital Set (15 Pack) 12 1 Meridian Mai: Storage Level 11-24 Hour 12 1 Meridian Mai: Storage Level 24-36 Hour 12 1 Meridian Mai] Storage Level 36-54 Hour 12 1 Meridian Mail Base Sys tem Package 12 1 Meridian Mail Rls 12 Software 12 1 Meridian Mail 8 Port Voice Processing 12 1 Meridian Mail 4 Port Voice Processing 12 Total Training Hours Allocated* 7 Attachment A Attachment See attached Equipment Description N equipment Is not listed above. Affirmation of Vendor Attachment Attachment. $ c r GTE falls and Customer purChases the Communications system (the 'System' ) and the Installation, warranty and maintenance services shown on page t and described more fully on the reverse sides of pages t and 2 and referenced attachments This Agreement includes important provisions concerning limitations of liability, warranties, and responsibility for long distance, tog and other telecominunicalbns charges incurred through use of the System. This Agreement Is affective on the date accepted by GTE Q Agreed to by Customer. B Accepted by GTE- smrwhrAE eoryns+t ..whco MAr+c Prom[D W A4 • Wendell Elms rnu an F1119 If mu care Regional Sales Manager S~IZ"gy Customer AOroum Number . Service Order Number QzUornw P.O. Number (C Am(Cam) rME TERMS AND CONDMONS PfrrT[e d D4 FOWRS11cep OF PAGES T AMC I AM PAIR OF TWO MM UM Pu[AW IeAD AIM CONCIMCDa CAnfrut I V 001 r1Ml crtiM~rG 7M13 'QW& W? i4 .10 • E. f i_ i. 1 6 EOUIPMENT DESCRIPTION SYstem TYPO: Nortel Ml-61C PBX Ouerttay mi erw COOS ttenit Oeau"on Waif" tlrPsrtod 1 Network To Controller Cable 6 Ft. 12 1 Network To Controller Cable 10 Ft. 12 2 MSDL To I/O Cable 6 Ft. 12 2 DDP To.MSDL Calbe 6 Ft. 12 2 Intell Periph Mod Pack DC 12 1 Superloop Net CArd 12 1 Battery BAckup (2Hour) 12 1 Televideo 990 Terminal 12 1 Televideo 990 Keyboard 12 1 Le>smarc 9 Pin Dot Mat Printer 12 1 Printer Cable 12 1 Alert System Terminal 12 1 PDLE-BRD Cable 25 Ft. 12 3 Kentro: CSU 12 3 RJ 48 Plug Cable 25 ' 12 2 24/48 Volt Power Supply 12 Total Tm k*V Hours ADoeated. See attached Equipment Oeaorbnon ff equip rant b not Need above. 7 WWATTACHIVIENTS Attachment: A ; Affirmation of Vendor Anacfrhiant Attachment: Attachment: 8 GTE seas and Qatomer purchases the commuNCations system (tie 'System' ) and the ins4Gatlon, warranty and mvnte wm services shown on page 1 and dexnbed mae fully on the reverse sloes of papas 1 and 2 and referenced anacfwnents. This Apresment Includes Important provisions Dontc;@" limitations of haWny, warranties. and responsibility for loop distance. W and other tefecemmunicaflons charges Itcurred through use of tle System. This Agreement is enectt" on the date accepted GTE. A Agroed to Customer: B Aocepted GTE' SOMA Fitt Kral a~~ nwnD ~LO wire Wendell Elms lira MTa toil Regional Sales Manager 7 Mil $-1Z 9y Cusw w Acoount Nrxrrben Scrubs Order Numlber Customer P.O. Number (I 8AUICENO y + .w r M TEr\r/ MO CO O MM PFWMD ON THE IEYEPM UX C/ MM 1 A10 MN MW rI 1 7taas MD OOrOmOS •T eVOrE YO~O TIf/ JIOdR. L p i • • • . . Jill= 7 7-77 6 System Type: Nortel Meridain 1. Option 61C - owntlty Material! Cods ft m Oesor"M Ws ~sPartod 1 MPR25E Power Rectifier 12 2 Dual Port PRI Package 12 2 Multi-Purpose Serial Data Link 12 30 Analog Message Waiting Line CArd 12 2 OPS Line Card 12 2 Trunk Card 12 2 Digitone Receiver Card 12 4 Digital Line Card 12 1 Special Console/Line Card Pack 12 2 Enhanced Call Processor 12 1 2 Port SDI/I/O Cable 16 Ft. 12 2 2 Port SDI/I/O Cable 48 Ft. 12 1 Straight Cable 45 Ft. 12 1 Inter Cab Cable 6 Ft. 12 l DDP To Clock Controller Cable 7 Ft. 12 2 DDP To Clock Controller Cable 3 Ft. 12 Total Training Hours Allocated 7 Attachment A Attachment 8 See attached Equipment Description If equipment Is not listed above. ,a r Affirmation of Vendor Attachment: Attachment: GTE sells and Customer purchases the communications system (the 'System* ) and the Installation, warranty and maintenance services shown on pope t and desalted more fully on the reverse Wes of pages 1 and 2 and releranced snactrnents. This Agroemoni includes krq)wUnt provialons conoorni g limitations of liability. warranties. and responsibility for long distance, rod and other lsiecorrimunicatlorts charges Incurred through use of the System. This Agreement is effective on the date accepted b GTE Q Agreed to by Customer B Accepted by GTE: 89MOTUPW oow rl .rvrrrlo MArrl is wA►r Wendell Elms nru ae lilts o+ts Reglonal Sales Manager S-~~' ~ R 9 Customs AorAUrq Numtwr 66rAce Ordor Number Clntamsr P.O. Number (r^Wficstlir) I ■ . ■ 4 • ~H/ two AW cmaniow piismo an Try 0mvem ale[ OF PAae T AND qVW MW or TNA bW thWOO PLEAae TERM me OoMiNnom GJrfe1.LT BOOK SIO.raO T"a AO~.~tr► I YA U-, kit. L r I 6 EOUIPMENT DESCRIPTION System Type: _Iortel Meridian 1. Option 61C arereey MsbwW Code ttsm pin ws rft Pwtod on M-ft) 1 Mer 1 Base System Package DC 12 8 M1-61C Software Rls 23 12 1 RTU Fast TDS 12 1 RTU - Direct Inward System Access 12 t 8 ISDN Networking 12 8 RTU Public ISDN Access 12 20 RTU Music Broadcast 12 3 RTU ACD Overflow 12 3 RTU ACD Messaite Processing 12 3 Ringing Generator 12 3 Column Spacer Kit 12 1 Pedistal To Ca 12 2 To Ca E ress' Cable 12 2 Power Fail Transfer Unit 2 1 System Monitor Cable 12 1 MFA 150 Modular Power System 12 Total Trnhft Howl! Allocated: See attached Equlpm rd DescrlpWn M equlprnerd Is not listed abow. 7 Aeachrneft A Anachrtenl: Affirmation of Vendor Atlechmer", Attachment: 8 GTE Sens and Customer plrahases ale oorrlrr UNCaWM system (the 'System' l and the InstanaWn, vmnwty and makdonenoe services shown on peps t end described more " on the reverse sides of pages t and 2 and referenced attechments This Agreement lndudes hnpodard prvNsbns comemtng Wrreatiorn of tieWt . wanantles, and responsUlIty for bng dlstanoe. too and other tetec0mrrrun1rA1k is charges hwrred through use d the System. This Agreement Is effectM on the date eocepted by GTE. A Agreed to by Customer: B Accepted by GTE: corArvrl '7-,e2&WzZ -,e2&WzZ ~tco IW4 Wendell Elms arse Customer Accouru Number an ant ara Replonal Sales Manapsr 5' ~T'ti~1 SwY" Ordw Number Cusonrr P.O. Wleriber parpWrbr/ K nwrt MO oororrnwS /r1lR[o oM AE eevs M acE ar- mats r wo S p OF n.s Cir •n nr.a .aaccriern i f 'm--1\ - .Y ~ ~ . ~ s...~~_~.. ~-~1a11..L..-a -~-_....~cl.a.~c1_.~~.i.~.....~.lc. ±_.~...5....~-.. e.... _ _ . 1 • *I, Pal P, 1 190 M"M 11 mmil" . . . _ " 6 System Type: Nortel M1-61C PBX O..wty Materiel Code item oeeaipllon wam-y M ~P~lod 25 Meridian Mail User Guide 15 Pack N/A 1 Infortel Call Accounting Software 12 1 2 MB Buffer Box w/ Modem 12 1 Remote Polling Software 12 1 256K Buffer Box For Remote Site 12 1 Remote Buffer Box Installation 12 Total Tratntng Fours Alooated F See attached Equipment Oesafptlon IF equipment Is not Itsted above. Attachment. A Attachment. Affirmation of Vendor Attachment Attachment- 77- GTE setts and Customer purchases the communications system (the 'System') and the installation. warranty and maintenenoe services shown on page t and described more futly on the reverse sides of pages 1 and 2 and referenced attachments This Agreement Induces Irnportant provisions conoeming circulations ot liability, warranties. and responsibility for long distance. WO and other teleoommunications charges incurred through use of the System. This Agreement is effedtve on the date accepted by GTE. A Agreed to by Customer B ted by GTE: .lyarulle elelMh PPAW&D MOAK /w.r}so 1111W Wendell Elms n nna owre Regional Sales Manager 5- 12.5 S J CustomerAccount NurtWa r Servos Order Number Cusionw P.O. NLOVam (Neplka le) f. r i- i t~ r 1 3 • rrE iEae AMD Oo.orrCNS M1.rt[D oil tr! rrsvEwss t~wt.u ,wry ~.PS .M►or n. I~yl~~epy, LASS J~y~, n(~jISUa AND oororrlDrs uwn►~lr .EFO~E s1o.h■o ns .rJECnFStr Pow s ]w/ AresaRCu r G ~isachtalT•tt5ar+ • 1 (ATTACEI ONT A) MOrth 2. 1999 Brazos County GTE Prwwtory Wormotom D. -Affirmation of Vendor/Addendum The undersigned. being of management level. affirms and declares that this proposal is executed and signed by Vendor with full knowledge and acceptance of the provisions of the Commodity Specifications. Proposal Schedule and Special Proposals. and Contract Terms and Conditions, which are made a part of the contract. NAME OF VENDOR GTE Southwest Incorporated ADDRESS 500 E. John Carpenter Freeway Irving. Texas 75062 TELEPHONE NO. (972) 719-3200 EMP4OYER ID NO. 7"57-3444 (Federal I.D. No.) BY: G AU HORIZED SIGNATURE NAME: Fred Franke TITLE: Vice President-Branch Operations DATE: March 1. 1999 VENDOR AGREES THAT THIS PROPOSAL RESPONSE SHALL BE INCORPORATED INTO ANY CONTRACT FOR SERVICE, BY WAY OF ADDENDUM AS FOLLOWS: ADDENDUM TO CONTRACT (Vendor) agrees to all provisions of the Proposal Response to Brazos County Request for Proposal specifications dated January 29. 1999. These provisions as accepted by (Vendor) shall take precedence over any contractual wording. Any exceptions to the provisions have been clearly noted in the Proposal Response. GTENS RESPONSE: GTEFIS understands and will comply. 1 i PropovA Fa P9x/voKemW INC4-A c! 499-0391 . 10 • 1 VUL, e X r; 1~ ~ ~ ~__v-...~~.ra.........~. ~,~..r._.tit.].' 7~r1..~r..:t ~~.hJ•..rs-._~~.:~:.._....~a:a..~.u_..... • _ - ■ . w THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL ••.•L 61 r~ • PART 1 0 INSTALLATION SERVICES INSTALLATION When mstaaalon by OTE 4 requested GTE hors deliver mslaa and last the System SO that it operates In accordance vilih manufacturers specA,celons When Customer requests that mstallal.on be performed outside GTE s normal work helms Customer small pay GTE its premium lime charges Unless Customer olhervvise requests m writing GTE will, al C lefomw s expense. appy err pemuts necessary la antallaton of the System GTE shaft provide Customer written robe lnalcanl+p the date the system becomes operational (the 'in Service Date-) Should Customer request delay of Installation. GTE may store cornponenls of the System at Customer s risk and expense 2 SYSTEM ACCEPTANCE The System 4 aeeemea by Customer on the In Service Date aril Customer agrees to execute a cenit"le of acoaptanee alter the In Service Dale upon request by GTE TRAINING Within 30 oays following mstaaaflon of a telecommumcnlons System GTE will provide training on now to use the System as snows on page 2, item 0 For daWoll" automation Systems GTE vita provide training on mstaliauon conllguiallon and perlormance tufpng at GTE s then prevailing roles a CHANGES GTE win reasonably eccanrrodate Customer requested Changes prior to the Irl•Servrce Dale pursuant to a whiten charge add executed by both WOS reflecting an appropriate price adfuslmenl S CUSTOMER RESPONSIBILITIES Customer w it la; AIIOw GTE access to mslallai.o,l InSpectiol 10bt,ng nia.menanes and repair of the SysfOm and pollwlnance of any rsgtareO acl,v,ty MI Provide sumo" building facilities la tree Syslom in accordance with local codes (I e . duCNig condU4 sllultulal bonrgs etc IM cable and colductors in flows ce,knga aid walls) eiKle al serince with suitable terminals and power surge protect-on devices and m*WbC QrOundo with sufficient SIVA in Qle equipment (00,1111, rnalaaed in Conformity With the Nallorlel Electrical Code and local Cody ILI P40vr1e nereslAry hea1111tl I,rffitg Irrrwldy and du11 contrOt and Satisfy Ally NMI N"'A1 ,'nvu-hnnnfill su•nlti, alums ana(110d to INS AQ100.41111 Id) IIeI,WVU nrr.prrQ ,ryuyMtY.d o, I,Aula that „0nrI t with ;iyslr,m .nsallalrri gal loentily ono 04Lk)so to Of I ca+i.uated aal4ntw,I w-ng or cn#dittons which m,Qhl MI a114-0110 by 0-19111 4110CI Ise 014214tpn Of I110 •;yShin CUS101net shalt 0010#4 Std nuW (.;TL harfhlQ%% horn any ta.m damage or I,Atr14y resulting from a failure to d.H.lobv plus ,nlwlnal,on If) Aulnonf.• T.I r At c,i io io, s expense to make service lotiuests opal Itwrd parllas lot %Vbie- n4e.rTrnl•eLnw1 coq.-,mvnf6 tncluorg tArlo'nlrg Ielepn 0 service for •,I,ng wlinra -.'AasarY p{I rlr.,yn,pn ow h d, Posit punts err oath flout oil which file System ,1 to he InWllod .110.0 1101 will l...u worst., IOr Qn+ovAI try Cuslo.no. Inl LLwNArtxte win UIk a ,IAIL,es4 lot aH4lerk.p In lo{I,tg or mslallolrm W ern grime and ,dertrfy, to GTE 71, ,divpual to Servo as a System Admnlsttalor old p,uh,pry LO,Itacl Ill LV,aiely ,•ot11y GTE Of joy JnIK..patw wlay in bluing JvMlabll.ly or naakly IU train illy OI Ina Jbuve 14100 ,ogU„wnel.ts PART 11 . WARRANTY AND MAINTENANCE SERVICES I WARRANTY PERIOD Fa Symorms installed try GTE the 'Warranty PaloT begins on the Irr yelvrce DJtu aid Lw+hnues Iw Ina Applicable initial Warranty period shown an page 7 Orr- C, Ali O.IOnood p}nsuanl to Cuslona s seloo on of the Warranty Plus Option Wt "In on il.lyr t .1%- a , AFTER-WARRANTY MAINTENANCE: O Customer purchases after•wranty, marye mice as indicated on page 1, dom S GTE wa commis to maintain the System after e4wallon of IIli. W P,Jnly Poioo u,, a yo,, go yua, bass al GTE s &Ios vcvaiwg at a+0 Olry..w,Q of uk 11 .411.11 wJlrJrlly InJr itcn,uW y"I (dw Rellewal Data) CuslorrWl may 10.0multo 010 .ilk -1Y M yntenllvr o v,y Jim- upon In rLlys poor wrilfOn notice GTF may Inmmalt Iny 111. , w ri 11,v 1 nl •n list A._ .nl my, wr,nen ww- Ir.w to thw RM.ewal barge GTr w41 pv 1,,, ••11, -d. ,.r p.-, 11a,rp•, 11 wsl U0,Ll, . Ir, n •O . . Iirt.rw.d 11.11.' 611, win n a • • t u Cann nu p„q Ill 11.1 IMy...lut X-., •k11.K1 1 mQ- I MAINTENANCE SERVICES I- •,V.I..... ...{at" uv L.1I ,rlnliq .11x' Waaa4y P,rW nil .1 yarn 1*. .fin, ol,w w Ur...lly ,n.}r n•n Lr..V 1.11 ...1 ..Llr r.yn till. Jy11.7111 n 911M w.}rx •t .},h•' nil •la • '•l+u. .I L.11 ♦ „{Arr. u.y „L.p ILI'. .r ,n}.4r,rn4 1r.,.•.m1.Y ,w 'yr ..11••w .r Ilw• •h .1... r•# M nnp•,I U. •r wwv. , MAINTLNANCE ';f 11VICF;S r0A ADDITIONS . •n. .r ,.Iw w r,1w .1 .I„1.,. ,1 ,.I I a.rnrl ,1 •r. , ...'dpi .1. .Inyrud"p ,w h•w '•y .ion ,.1 .wry {r w, l lu' 1• w}M• w' lit w It.a1 Ili, win, .sly inn. r! fir 1,}'~•wK}I,V { will Iw •1••....... n.. w•P1 •Iw• .ti• • .1 a q 'r.•uuh•,LUr.•, y1l, tin Car, nrh•d iy .lu.•• MAINTENANCE PLANS: RTE VAN provide Maintenance Sa mi os undo the Manl.namte lld••. ^,11x • Ilrr, {i.r• •ysrw•,.krwr{ It.. IN r.P 1, P.- A A".wrl +r r, r:k. it JAVA , ,111 •..l.n, .1'w•:r.1.1n.iWx.•b will f.•{rnLr...•wl rl :l 1.. ,.lrl.i • ' tit . , { •11w 1„• kw.r •rl.• r. xrL1Y 11,'.4rih r tw L., kvyr{ 4 • 1', •a,.. ..vl n.•t 'r elw .•Ikwuti, .h, . ,rf i•'1 .1 .yr .IU'I. 1.1 , r r.•. p. nl,rn'••I ' i •r.wr' J rl 1 , w, . .,..1 t. r.Lrl m ill 1'All{ ill SI'Uh11. .p • rrJ wlwwwA{• rl w ! Ix. a,.. t.. 4 . w.uw .Jw Y•1 ' . r x.ww-~ l.,gy. ..ywrw. .w..i,l l•wr 'A!. • ,.1 rail.. •11 ra r 1.11 pill ' ..fur .A.' ~ „ (h) MolOVmofel CaII accounting system failure P) Any otna laiklro mutually agreed to in Wilting by Cusgonw and GTE A minor System latkrne is any other System failure at manuncoon GTE wd respond to nwwf System failures within 1 business day of receipt of a request for service GTE well Charge fts then prevailing rates for repair of ewlpr System failures that Custonw roquesis be pedomyd outside of Oeroe hours B EXCLUSIONS Maintenance Services do rot InNude R4 fpltowig whkh Shea be charged at GTE s then prevailing rates (a) Adol4ns charges relocations rernwals 00e4alrtg supplies or accessories (b) Operator, System Administrator and user training on a schedusad basis (C) Services necessitated by aouaenl. casualty neglect mdusa mientional eras or Ally Cause other than normal use Of the System (d) Repairs Of replacements necess,laled by Ighining radio aequency interference power disturbances lire flood eantpuake, excessive moisture or any event occurring o.lemal to the System mat Erectly or indirectly rausos a malfunction in the System a private network to which the System is connected or in lelephwla kites cab" of other equipment MA.Vic rig the System to the public telephone network (a) SerwAs nocessitatea by aver eras or events mat adversely altaa The System or use by Customer or any third party of the SYStem with any other device of sysiem not supplied or approved as to such combined use by GTE or use by Customer of arhyr pan of the System in a manner not specified by GTE (1) Repair or maintenance or Increase in normal service tope reaumng from Customers la,luto to provide a suitable emnroninenl for the System a AM Other faaure of Cusloma to Porto, in ds roswseidd-es (gl neosit or replawmum of Cuuwne, owned de,egulated outside plant cab" unless spoce,catly nckrdw on the Equipment Description Jim (h) Lou or recovery of Customer data (Cuswrrla Is rellpwm"o for w0vidlrg adequMe bark up of dale and got resloting data a nepa,red 0MApnlMt ) 111 UPQ,Ad4n, of OnlatKeny tier le OltICtl aillhrrhAlpll OWIAtitg syslnni 1IOllware PCODI Inn ciNrnry true JAIL 11111 IVM.*)d fly IN' -IS-1016111001 9 SYSTEM OPERATION Custiknir shall niturale I'll, Syslwm - the na,in r pentici bCd by GIL 4,4 ,hall ,far alter file Sysllm, n1 any way wailErut IN, Clio. -114n consent of GTL Cuslo,no• Nun pay for Iepars oeL.etw1alod by unaE•nn;,rw allwato., *,to Such ane,aton may vod nor wal,anly ard,ut Cause GI E to lumtmatr Matnionarce Services Owing me period GTE wovions Ma,nlonark.o Services G I I may mslau vw of updated snhware to rOamDm a Sy►1nm m cE1r#0.4 ed'tilrl wtllrr,l ch1,Qe to C.lsguern Othp, than or adOApnal n.emory Lap,,L,ly hatdwam old -.lallmiois ru,lutnor ,nay use Mott"tal features of such new or 111d41.%j anflw.pU hr a lolrl,rh.lrpw..rlKw,k bYLtom utwr. Pay, ht"ll of inn ytp,c.ltya too W $"h "I'd 41 SYSTEM CHANOFS AND RELOCATIONS G..Ir}trn atiau rvr move the $yatern swtlrn mg t"ploliunl or -.1104 byslurh ronll"lle,its -1110h1 nle Ire, -M- wn1•,n of GIt rhiC" L.unsanl hall rrA be w4101cLif ul-As,lnably but may th' , uI.d4Kr.d uPwl nrddit'41"l Of the toms of wPldupes .std L1."'Iename SLynoweL to -fiec1 cl,,.Q..u Crcurnsla,xes and 1oL 1.0+ 11 IOIOL.a1Wn Ie.hurdl of ,•#d1tJnQOrtrw,l ltll}ln ys IMUCJtr}I of 111L• Syslwrl 10 a dI1010N service addiess GTE mjy lrgd'ly 4s cha,Qes or fomrtlate the Ma,mwlalk-) %on Cos provided that loo unused ponrwh of picim d kl mootAi" Sorv.ces shall be refunded PART III - GENERAL TERMS AND CONDITIONS I RESPONSIBILITY FOR TELECOMMUNICATIONS CHARGES Trio Systelh s -me--ow to Lx: Luiuwtitw to the publc iw1lrJKd 10CP11011p Itetwplk CU%10.V" 15 solely ic"ns.blo 1(r selection, or "mentatlon and maintenance a security features for defense against unautrw n7wd Inng nidahre can-g; CuMonle, ,5 itniely t,?%nnnsitrk• for ply-1 M big d,i;j.JnCo tell Ald othe1 Iek•f•r7nn,r-r rlnnl, hetW,,t r1Yn111•d thrr..gh -0 Ir Iho System LIMITATION OF LIABILITY EXCEPT PURSUANT TO PART Ill SECTION O. GTE S LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, SMALL NOT EXCEED THE PUHCMASE PRICE FOR THE SYSTEM UNDER NO CIRCUMSTANCES SMALL GTE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES NOTWlTN- STANDING THEIR FORESEEABILITY OR DISCLOSURE BY CUSTOMER TO GTE INCLUDING. BUT NOT LIMITED TO. DAMAGES ARISING FROM DELAY LOSS OF DATA PROFITS OR GOODWILI GTE SHAT L BEAR NO LIABILITY FOR USE Of EQUIPMENT OR SFRVICES PROVIDED UNDER THIS AGREEMENT IN CONNECTION WITH LIFE SUPPORT SYSTEMS OR UEVICES GTE MAY FROM TIME TO TIME PROVIDE AOVICE. MAKE RECOMMFNUAIIUNS OR SUPPLY OfHEII ANALYSIS NEIATED TO INC SYSTEM, EOUIP/AFNT AMU SERVII:I S UESC,RIBEU IN 1 HIS AGREEMENI, AMU, WHIZ L (.fL',iILAt L U;L 11F.W.UNA111 E EI hUHlti IN THIS HLGAHU CU51OULA ACKNOWI k Ulif~ AMU AGNI-Lb, THAI Ih15 LIMIIAl1UN UI LIAI11LIIV SMALL APPLY IV PHO VISION OF SUCH AUVII.!• AkQUMMkMUAfIUNbo AMU ANAL "S• a WARRANTIES. for of GTE duck col rlsula #in Sygen+ nhalrllactleas wagem* s. me pasu I tL x•.tiwlrw rrl ,1.,u1 Ir• .Ir x•dr .,r l,n Iny I.w :,r1 ..y a.n.. •y , . wn1 n . , Iw ,nor 'n a• h .I r ....lu,.,h:.' , i. •.pwr..Aw• l.w n•I.,n u. r{.} 1, 4.• yl •1 •.+w x. ' 1 ,,.1 1 Iw• 1' Y., Y tirnl ,1. li-.. i J;, ..-1 r•. a.• .v d.llr { L r.u..n.t • stn .Iw :I.w 1.r.l. ; .+..w1 n.a J. P• h evil , 1 n. A.w M+• .I .a, • t• r n. .•1... + , r• , , w , i1K1. . 1 ' . . n . ..,r ti.nl ' ro., ill! • , ' , 1 .1• ..r+ .yr Iny. dr 1., • y n.1. .1. n, w. nor. r.r ,r. 1. 11.1 I II Ili • .•I 1, .n J , . .1 .r . r. rev 1. C F~ Y