0823041.6
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Pat Tinley
OFFICE: County Judge ''~
MEETING DATE: August 23, 2004
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consider, discuss and approval of the
Telecommunications Equipment Lease for the Kerr County Courthouse.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: County Judge
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECENED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
~ ~ ~~ ~ Nis S ~
K~gg,V z~~,~N~rc~
Ey~YSx~~ ~ N ~,~~xcE~
~ 4 AT.D I OW IN
AS SET OUT 9EL E T LISTED EE ~ OF T1SI5
TED ~ T11E E ONI TtIE REVERSE SID
CALCllLA pICONDITZONS
FOR T11E NONTIILY FEE EL WILL
017R TRAINEDWITfl T E TERMS ~ 1~ ON
0
ACCORD~CE
PAGE• C NTACT
a~S
o~'^~` ov
~ TING DATE
C~STOMER~S NA1•fE COVERAGE STAR
DRESS pttONE ~BER '
~ NOTES
`~'~ ~~ ~~ ~~FACTURER
~Q,~SUI ZIP T ~gER i
CITY MENT pESCRIPTION pAR ~Q~~~
EQUrp cJ o ,' ~QY ' `
NITS L i/F}~-~,~j Q t~.Q~,'~~~ t
'~ ~~~ E ~ I ed upon
~f t bas s
p~~ ~~,""~• ~ ,~ Aar°57 ~~~ ! ent is $~ ~y,~pt~r.~hisna9reee'ent i
3~ ~ ' Under this°~gthie date of $ ..---'""
I ~..5 ~ `~. vices Pr°vionahlY f e se
enance feefo~r~ser, ave° ~~.21mm°nth~
The mon sml~yted~ healgtern~ twel d Signature
th1Y ye -'~%
aC3t1on initi puthorl
for an Customer
nua.~ar of
efEeCtlVe r
'I Com Rep•
advanced Tel'
ABBIIVILLB TBLHPNONB BUSINHSS 5YSTBtfS
SQUIPMEIiT HAIt7TB11AtiC8 ACRBSMffifT
T8AM5 6 COWDITIONS
1. During the term of this agreement and soy
extensions thereof, conditioned that customer pays all
monthly maintenance Eeee when due, BACBPT Eor non-
coveced failures(') as deacribod below, Aerrville
Ielephane Business Systems (XTBS) will provide at nm
addltioaal charge all parts and labor neceoaery tm
maintain the eperatlon of the communicetione system
equipment and wiring listed on the Eroot pegs of this
agreement, and ire component parts, at the
manufactureca' specified levels of pecEarmance.
Maintenance will 6e performed is accordance with the
current iaduetry standards and practices, and shell be
performed in a workmanlike manner.
• 1101-COV8H8D PAILUHBS 8quipment failures to perform
to_epecified levels and malfunctions covered by any of
the following AR8 EXCLUDED and ARB NOT COVBRBp by this
agrer~eat:
1. Misuea ac abuae~
I. Negligence of any person other than ATBS
pereomeli
1. Accident;
4. Theft oz unexplaimed local
5. Correction to electrical current ar excess
electrical current ar electrical power;
6. Pire, water, wind oz Acte of Cod;
7. Improper wiring, inetalletioa, repair oz
alteration by any person other than ATBS
employees,
ATBS will, et cue tamers' option, and et cuatomer'e
coat, repair or replace items of equipment which
suffer eon-covered failures, at ftTBS' then prevailing
labor rata, plus parts and all applicable shipping 4
handling charges and taxes. Satisfactory payment
arzaagemente must be agreed to prier to the start of
any such optional repair work.
2. During the initial term hereof, and for any
extensions hereof, customer promisee to pay ATBS the
monthly maintenance Eea set out on the front page of
this agreement plus all applicable taxes at ATBS'
office at 955 Water Street, Aerrville, Texas or such
other place ae ATBS may from time to time direct,
within tan (10) days of Che rendering of a statement
theca far to cuntomer. During the initial term of
Chia agreement, the monthly maintenance fee shall not
change ualsea customer adds to the fiat of equipment
to ba maintained hereunder. After the initial term,
the monthly maintenance Eea may he changed upo^
thirty (30) days advance notice to customer, which
notice may be included Ln customers' monthly
^tatemeat.
3. ATBS egroee to uss tts boat efforts [o zespomd to
any xequeat for service with in twenty-four Ill hours
following notification Eram customer. However, such
response will only be accomplished between B:00 AM and
Si00 PM, Monday thru Priday, oxcludiog holidays
(lformel bueineso Laura). In the event of a major
ayetem Falluze (lnebility to make or receive soy calls
or ues ettaodant console) ATBS will use its beat
efforts to respond within 1 1/1 buainaee 6ovra.
Service calls outside normal buaimesa hour are not
covered by this agreement; any service calla outside
normal business Lours shall 6e at ftT85' normal
overtime rates to be charged to and paid by customer
and shall be euthorired by customer In advance of the
work.
4, The initial term of this agreement ie twelve (1Z)
moathe from the effective data hereof. After
expiration of the initial term, this agreement shall
continue i^ effect from month to month anises
teznilneted by one of the parties as provided below.
Thin agraomont may be terminated without cause by
either party AFTBB the expiration of the initial term
upon thirty (30) days written antics to the other
petty. Cuotomers' vbllgatioa to pay [o ATBS all
monthly meintenence Esee which l,nve accrued but ace
w:peid et the dots of termination end/oz any other
chergee Eor work performed fox customer by AT85 sot
covered by the monthly meintenence tee shall survive
termination of this agreement; any peld but unearned
monthly meintenence feet shall be refunded pro rata to
customer aftor tormination.
5. The monthly maintenance rate ie based upon [he
lacetiom of the equipment set out om page one of this
agreememt Ithe current location). ATBS reaervee the
right to adjust the rate without nvtica to customer iE
the equipment ie moved to a location mare than five
(51 miles Further Erom ATBS warehouse located at 300
llichola Street, Aerrville, Texas, tha^ the current
location, or to'terminate this agreement at A785' sole
operation.
6, Thie agreement DOGS 1rDT cover any communlcatloms
ayetem equipment, components ar wiring not listed om
tl;e front page hereof.
7. This agreemont is not assignable by customer
without the exproas written coneeut of ATBS.
9. ftT05 is an assumed namo of Advanced Tel-Corr Systems
Corporation, a Texas Corporation with its principal
office at 9SS Water Street, Aerrville, texas. It is a
subsidiary of Aerrville Coamunications Corporation.
p~o~~ ~
L~ ~~L~ GREEMEN~
~E~RVZL xEN~cE A
SYSTEM ~1N - cE,
KEY
gAID IN ADVAN
A5 5ET OUT BELOW ~STED BELOW ITHIS
EQUIgMEN REVERSE SIDE OF
ULATED ~ T}tE
MONTHLY FEE CAWILL MAINTA pNS ON TB
FOR T}lE ED gER5O~ELE~,iS AND CONDYTI E
OUR TRAIN WITB T}tE T ' ~-
ACCORDANCE
gAGE• CONTACT
i~ ~ ,~~
Cpv
~~ ~~~ TTNG DATE
CUSTOMER'S NpM gTAR
COVERAGE
~..~re~`f' -~.
r
'?00 ~~
ADDRESS RNONE DER
D ~ '~
NoTEs
K S1S' ~ ZIP M~yUFACTURER ~-.-`~"~
AMBER
CITY PART ~ ~.
DESCRI4TION N r,,.~
EQUIPMENT +r , Lv~ I ~~ 0
N- '
SIT f`~ w ~~~ ~.}p4 ~~ l
~ 0 ~
1` ~ ~ ~ ~,f r~/.~.~Q ~~,.^..---'" baged upon
A S~~ t 1 "l ~ 0 pPeY etahiana9=eement ie
1 '`~©r ,~ ~ ement is $~ ~~I~ •~
+~ ~t S ~~--1~~ded lnd~retao~oEgthis date °f $ ~..~--'
~Lnanc~ e f 3~etvlaet p~.21mm0nth •~
e
maim ein9 /were d Signature ~~
m°nth1Y ed. b text °f /j//~
The liars initial Authoti.xe
nu~,ber °t yta~ionf°r Customer
etfzCtl~e
Rep•
I .,dvanced Tel_Com .
I
RBARVILLB T8L8PN0l18 DUSIN8S5 SYST8H5
BQUIPHEt1T HAItf1'8t1A1IC6 ACAS15T18NT
T8RH5 4 CONDITIONS
3, During the term of this agzeemoat and any
extaoeioae thereof, conditioned that customer pays all
monthly maintenance Eeae when due, BXCSPT for non-
covered fallurea(•) ae described below. Kerrville
Telephone Business Syetame (Ai05) will provide at no
additional charge all parts sad labor noceseery to
maiataim the apecstion eE tl~e communlcatione system
equipmemt and xiring listed on the Lront page of this
agreement, and ire component parts, at the
manufactu:ere' specified levels of pezEormaace.
Naiatenance will be performed io accordance with the
current industry etandarda and practices, and shell be
performed in a workmanlike manner.
• tiON-COV8RE0 PAILURBS - 8guipmant failures to perform
to specified levels and malfunctions covored by any of
the following ARB SXCLUD80 and AR8 NOT COVBRSD by this
aq leement:
1. Hfeuee or abuse;
2. llegligeoce of any poreon other than RTDS
personnel;
). Accident;
4. Theft or unexplained lose;
5. Connection to electrical current or excess
electrical current or electrical powers
6. P1re, water, wind mr Acts of Cod;
7. Improper xiring, lnetallation, repair or
alteration by nay person other than ATB5
employees,
8785 will, at cuetomere' option, and at customer's
coat, repair or zeplaee items of equipment which
suffer eon-covered failures, at RT85' then prevailing
labor rata, plus pacts and all applicable shipping 4
handling charges and taxes. Satisfactory peymeat
azzangemente moat be agreed to prior to the start of
any ouch optional repair work.
1, During the initial term hereof, and Eor any
axteaelons hereof, customer promises to pay RTBS the
monthly maintenance fee set out on the front page of
this agreement plus all applicable taxes at RTBS'
office at 95S Water Street, Rerrville, Texas or such
other place ae RTBS may Erom time to time direct,
xithin ten (10) days of the rendering of a statement
there Eoz to customer. During the initial term of
this agreement, the monthly maintenance fee shall not
change unless customer adds to the list of equipment
t0 be maintained hereunder, After the initial term,
the monthly maintenance fee may be changed upon
thirty (]BI days advance notice to customor, wl;lch
notice may be included in cuetomere' monthly
etatememt,
]. RIDS agroee to uss its bunt efforts to respond [o
any request foe service with in twenty-Four 1211 hours
following notificatio^ Eram customer. However, such
response will only be accomplished hetweem 8:00 AM and
Si00 PM, Monday thru Priday, excluding holidays
(Normal bueinesn bourol, In the event of s major
systom failure {inability to make or receive any calla
or use attendant console) RTBS will use its beet
oEEorta to respond withl^ 2 1/2 business Lours.
Service calla outside normal buaiaese hour are mot
covered by thin agreements any service calla outside
normal buainoea hours shall be at RTBS' normal
overtime rates to ba charged to and paid by customer
and shall be euthvrired 6y customer im advance of the
work.
4. The imitlal term of this agreamaot ie Lxelve (12)
months from the effective date hereof. After
expirstiom of the initial term, this agreement shall
continue in effect Erom month to month unless
terminated by one of the parties ae provided below.
Thin agreamaot may be terminated without ceuae by
either party APTBA the oxpiratloa of the initial term
upon thirty (]o) days writtem notico to [he otbar
party, Cuotamors' obligation to pay to KTBS all
mouthly melnteneuce foes which hove accrued but are
w~peid et the date of termination end/or any other
charges Eor work performed Eor customer by RTBS not
covered by the nwnthly maintenance fee shall aurvlve
tatminntioa of this agreement; soy paid but unearned
monthly maiutenance Eeae shall be refunded pro rata to
customer aEtor termination.
5, The monthly maintenance rats ie based upon the
location of the oqulpmeat ask out oo page one at this
agreamaot (the torrent location), RTBS reserves the
right to adiuet the rate without notice to customer it
the equipment ie moved to a location more than five
(5) miles further from RTBS warehouse located at 700
1lichole Street, Rerrville, Texas, than the current
location, or to terminate tk;ie agreement at KTBS' sale
operation,
6, Thie agreement D08S IIOT cover any communicaticos
system equipment, components or wiring not listed on
the front page hereof.
7, This agreement ie not assignable by customer
without the exprosa writton cameout of RT85,
B. RitlS is an aseumod namo of Advanced 7e1-tom Systems
Corporation, a Texas Corporation with Ste principal
Office at 955 Water Street, Rerrville, Texas. It is a
subsidiary of Rerrville Communications Corporation.
~ ,~ o ~ -~ z~E 5 5 S
TE~EPE' EMENT
R~~~~,j,E NICE ACRE
~E EM NI~'SNT~ - E,
~•CdSyST ~ PAID ILp~zN C
~+1 OUT DELOW LISTED gE OF THIS
Ly FEE CALC~LA~Y~ AS S IaHS QUIYMENR~ERSE SIDE
NTAI,N ON THE
FOR THE I ED EERgON1EE'PE~M9 ~ COI
OUR TRA CE WITH TH o+~'1 ~ ~~ ~?
ACCORDS i~W1 ~'~`'
GE • NTACT
4A CO
fj~ , VS
~R S N~~
CUQ~ E E
Apo SS
STARTING DATE
CO`1E~GE
t ~ ~a~Q©
NOMgER
PHONE
ded under
ce fee ~fo~,rQ~serviaetot~12~m0mQ the•~0
thlY maintedanbein9 o twelve ~
The mon lists ,,tial tee ..--~"'.~
sta~aeemenpois
_ is $''~ ~ per Q~his a r
tai ~ hisedate °f $
9
e~ dive station for an ink Customer
Tel-Com ReF• /~~
pdvan~ed /
Aug..,-~-: yed Signature
RHRRVILLE TELHPHONH HDSINHSS SYSTEMS
6QUIPMBZTf MAINTHNANCE AGR8HM9ffiTI
TERMS & CONDITIONS
1. Duziag the term of this agreement and nay
exteaeiaas thereof, conditioned that customer pays all
monthly maiateaance fees when due, ERCHPT Eor non-
covered failures(-) an described below. Kerrville
Telephone Huaiaeee Systems (RTBS) will provide at ao
additional charge all parts sad labor neceasery tc
maintain the aperstion of the communications system
equipment and wiring listed on the front page of this
agreement, sad its component parts, at the
manufacturers' specified levels of performance.
Maintenance will ba performed in accordance with the
current industry standards and practices, and shall be
performed in a workmanlike meaner.
• NON-COVHRHD PAILURES - Hquipment failures to perform
to specified levels and malfunctions covered by any of
the fallowing ARH HACLDDED end AAB NOT COVHRSD by this
agreement:
1. Miauee ar abuee~
2. Negligence cE any person other than RTBS
perBOnRelj
3. Accident;
9. Theft or unexplained loeai
5. Connection to electrical currant ar excess
electrical current or electrical power
b. Fire, water, wind or Acte of Gods
7. Improper wiring, inetalletion, repair or
alteration by any person other than RTBS
employees.
RTBS will, et customers' option, and at cuetamer'e
coat, repair or replace items of equipment which
suffer non-covered failures, at RTES' then prevailing
labor rate, plus parts and all applicable ehippimg &
handling chargae and taxes, Satisfactory payment
arrangements moat ba agreed to prior to the start of
any such optional repair work.
2. During the initial term hereof, and for any
ezteaeions hereof, customer promisee to pay RTBS the
monthly maintenance fee set out an the front page cE
this agreement plus all applicable taxes at RTBS'
office at 955 Water Street, Kerrville, Texas or such
other place ae RTBS may from time to time direct,
within tea (10) days of the rendering of a statement
there for to customer. During the initial term of
this agreement, the monthly maintenance fen shall not
change unless customer adds to the list of equipment
to ba maiataimad hereunder. After the initial term,
the monthly maintenance fee may be changed upon
thirty (30) days advance notice to customer, which
notice may 6e included in customers' monthly
statement.
]. RIBS agrees to use its best efforts to respond to
any request for service with in twenty-four (29) hours
following notification from customer. However, such
raeponae will only be accomplished between B:00 AM and
5;00 PM, Mamday thrv Friday, excluding holidays
INormnl bueineea hours). In the event of a major
system failure (insbility to make ox receive any calla
or use attendant comeole) RTBS will use its beat
efforts to respond within 1 1/Z bueineea hours.
Service calla outside normal bueineea hour are not
covered by this agreements any service calla outside
normal business hours shall be at RTBS' normal
overtime rates to be charged to and paid by customer
and ahnll be autborired by customer in advance of the
work.
4. Tha initial term of this agreement ie twelve (1Z)
months from the effective date hereof. After
expiration of the initial term, this agreement shall
continue in effect from month to month unless
terminated 6y one of the parties ae provided below.
This agreement may ba terminated without cause 6y
either petty APTHR the expiration of the initial term
upon thirty (30) days written motica to the other
party. Cuetamere' obligation to pay to RTBS all
monthly maintenance fees which have accrued but era
unpaid et the date of termination and/or any other
chargae for work performed for customer by RTBS not
covered by the monthly maintenance fee shall survive
termination of this egreementj any paid but unearned
mamthly maintenance fees shall be refunded pro rata to
customer after termination.
5. The monthly maintenance rate is b;aed upa^ the
location of the equipment eek cut on page one of this
agreement (the current location). RTES reeervea the
right to adjust the rate without notice to customer if
the equipment ie moved to a location more than Eive
(B) Hiles further Erom RTBS warehouse located at 300
Nichols Street, Aerrvilla, Texas, than the current
location, or to terminate this agreement at RTBS' Bole
operation.
6. This agreement D06S NOT cover any communications
system equipment, components or wiring not listed on
the front page hereof,
7. This agreement is not assignable by customer
without the express written consent of RTBS.
8. RTES ie an assumed name of Advanced Tel-Com Systems
Corporation, a Texas Corporation with its principal
office at 955 Water Street, Kerrville, Texas. It ie a
subsidiary of Kerrville Communications Corporation.