ORDER NO. 19575 ACCEPTANCE OF THE PRDPOSAL OF BILL CANING OF THE KERRVILLE TELEPHONE COMPANY TO INSTALL SMOKE ALARMS IN THE JUVENILE DETENTION CENTER On this the 11th day of June 1990, upon motion made by Commissioner Morgan, seconded by Commissioner Baldwin, the Court unanimously approved to accept the proposal of Bill Caning of the Kerrville Telephone Company to install smoke alarms in the Juvenile Detention Center. Said smoke alarms are to be installed by August 1, 1990 at a cost of 5603.40. SECURITY SYSTEM PURCHASE AGREENIIIdP THIS AGf2EEh4~lP is made this day of Maw, 19 90 , by and between Kerrville Telephone Cce~g~any, Sejf-A:larm9ithsion (Seller) and tha Juvenile Detention Center, , (Buyer) of Name 76.E /Y? n~ r.~. t, Kerrville, Texas Address In consideration of the undertakings, covenants aryl agreements below set forth, the parties agree as follows: 1. Seller agrees to sell and Buyer agrees to buy the Security System described on the attached Security System Equipment List, ,c ~ ~•~ ~~ ~, /~ " incorporated herein for all Purposes, in accordance with the terms ~ " n,~' ~'~ th b low diti t f d ons se or e . an con ~ 2. Seller agrees to install the Security System at the Kerr ~; ~ ? nd ~` ~ ~~ ~ County Courthouse, ~~-E3~-~~ett, Kerrville (Premises) . ~,-, "` ^' Location ~ 3. The Security System shall be installed by Seller on the Premises in fully operating condition on (Installation Date). The Installation Date is an approximate date, and may be adjusted by mutual agreement of Seller and Buyer. Seller shall exercise its best efforts in performing the installation of the Security System but shall not be liable for delays or failure to do so caused by Acts of God, Government, labor difficulties, failure of transportation, or other. causes beyond Seller's control. 4. The purchase price for the Security System is $ 603.40 , which will be paid as herein provided, plus freight and any sales, use or other similar tax imposed on Buyer or Seller in connection with this transaction. Seller aGmocaledges receipt of $ ~ be applied to the purchase price. 4he balance of the purchase price shall be paid upon the completion of the installation of the Security System on the Premises. 5. For a period of one (1) year from Installation Date for material and labor, Seller warrants that the Security System will be free from defects in material aryl worlananship. Seller will, at its option, repair the Security System in place or accept return of components of the Security System for repair or replacement. Expressly excluded from such warranty are damages to or failure of security system caused by reasonable wear and tear resulting from normal use and, including but not limited to misuse, negligence, accident, theft or unexplained loss, abuse, animals, insects, Acts of Gal, or impropex wiring, installation repair or alteration by anyone other than Seller. Repairs necessitated by any of the above excepted causes will be made by Seller and the reasonable cost of labor (at Seller's then prevailing rates for similar services) and materials for such repairs will be paid to Seller by Buyer within thirty (30) days of invoicing. THE AH~VE hTP.RRANTY SHALL BE IN L'II~J OF AND EXCIIIDES ALL Ui4iER EXPRESS OR 77MPLIID FTARRANIgS OF ME'RC[~fTABILITY, FPiNESS FOR PAlYTIOULAR PURP06E, OR OTI-IERS^IISE. SEIS.,EI2 MAKES NO UNDEI2TAKTNG OR REPRESENTATION OF ANY KIND WHATSOEVER THAT THE SECURITY SYSTEM OR SERVICES SUPPLIED WILL AVERT OR PREVFIJT TIIE OCCI7RRENCES OR THE CONSEQUF3~ICBS TIIE~I WHICH THE SECURITY SYSTEM OR SERVICE IS DESIGNED 40 DETECT, AND SELLIIZ WILL NOT' BE LTARiR FOR ILX;.S OR DAMAGE DUE DIRECTLY OR INDIRECTLY TO OCCSJRRINCES, OR OONSEQUINCES THEREFROM, WHICH THE SECC7RITY SYSTEM OR SERVICE IS DESIGNID ~ DETECT OR AVER'. SELLER WILL NUT BE LIABIE FOR ANY SPECIP.L, INCIDENTAL OR CONSDQUk3aI'7A7, LIAMAGE5 OR FOR IOSS, DAMAGE OR F~tSE DIRECTLY OR INDIRECTLY ARISING FROM BUYER'S USE OF OR INABILITY R~ USE THE SECLJRPIY SYSTEM EIT'fIER SEPARATELY OR IN OOMBINATION WTIH UIfIER 2 EQUIPME2li', OR FOR PERSODTAL IK7URY OR LOSS OR DF5'II3JCPION OF OIf~32 PROPERTSt, OR FRCS ANY 0`IIIEFt CAUSE. SELLER'S LIABILITY IN ALL EVFT~fIS WILL CEASE AND 'E AT 'III EXPIRATION OF ONE (i) YEAR F13~hI INSTAr?a'~'rON DATE. 6. If Buyer through his actions prevents Seller fran installing the Security System or notified Seller after the execution of this Agreement of his refusal to accept such installation, Buyer will pay Seller liquidated damages in the amount of 10$ of the purchase price. 7. Buyer agrees to use due care in the handling aryl operation of the Security System and Buyer agrees to operate the Security System during the warranty period as provided for herein, according to the instruction of Seller, and will not alter or permit the alteration of the Security System in any mariner. Buyer agrees to immediately notify Seller of any difficulties in the operation of the Security System aril first notice shall be to Seller as opposed to any other party Buyer agrees to bear the cast, if any, of wnstruction changes it desires or that may be necessary to acconmmodate the Security System and any other costs related to moves or changes in existing equipment, cable, or both. Buyer hereby assumes and will bear the entire risk of direct anti consequential loss and damage to Security System or any part thereof from the date of delivery to Premises. Buyer shall indemnify Seller against and hold Seller harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees, claimed by any person, on7anization, association, or otherwise arising out of, or relating to the Security System, use, possession, operation or condition, thereof. 3 8. Unless within seventy-two haws after the installation of the Security System, Buyer gives written notice to Seller specifying any defects in installation or other proper objection to the Seairity System, Buyer agrees that it shall be conclusively presumed that the Buyer has inspected the Security System, that the Security System is properly installed, is in good condition and repair, aryl that the Buyer is satisfied with aril has accepted the Seairity System. 9. Title to the Security System is to remain in Seller until the full purchase price and installation charge provided for in Section 4 of this Agreement is paid. Failure of Buyer to pay Seller the purchase price of the Security System when due shall give Seller the right, without liability, to repossess the same, with or without notice, and to avail itself of any legal remedy. 10. If more than one (1) party is named as Buyer in this Agreement, the liability of each shall be joint and several. NO WAIVER OF ANY ffi2FAQi, PRIVILFIGE, PROVISION OR DEFAULT HEREOF SHALL BE ~NSTl37ED AS A FAIVER OF ANY UI18;Ft PREACH, PRIVILEGE, OR PROVISION OR DEFAULT. Seller has the right to assign its rights and obligations under this Agreement upon giving written notice of such assignment to Buyer. Buyer may assign its riots and obligations created herein with Seller's prior written consent. If any provisions of this Agreement are in conflict with any statute or rule of law of any state or territory wherein it may be sought to be enforced, then such provisions shall be deemed null and void to the extent that they may conflict therewith, but without invalidating the remaining provisions hereof. 4 This agreement contains the entire agreement between Seller an`1 Buyer and any alteration or modification of this Agreement shall be in writing aixi signed by the parties. This agreement shall be governed by the Laws of the State of BUYER AGREES THAT NO VERBAL REPRESF~1TA77=0N OF ANY SAIFST~II~N, AGQ1r, OFFICER, OR EMPIAYEE OF SET,T,ER SHALL OPERATE ZU VARY THE WRTPI~2I TERMS HEREOF. THIS AGR2EQ+IEDTP shall not be bincli.rxl upon Seller unless approved in writing by an officer of Seller. In the event of failure of approval, the sole liability of Seller shall be to refurxt to Buyer the amount that has been paid to Seller upon the signing of this Agreement. IN WITNESS WHE~2EOF, the parties have executed this Agreement on different dates but to be effective the date first written above. KERRVILLE TEISPHONE O~ANY Security Alarm Division (Seller) P. O. Box 1128 Kerrville, TX 78029-1128 896-6777 (Address -Telephone Number) Juvenile Detention Center (~'~) 323 Earl Garrett (Kerr County Courthouse) Kerrville, Texas 78208 (512 257 2383~ephone Number) BY: (~Jant) Bill Laning BY: DATE: APPROVED: DATE: (Authorize3 Officer) C.R. Weinheimer -President Kerrville Telephone Cwiy~any (~~) 5 FIRE SYSTFS4 D~IJIPMENT LIST May 25, 1990 Customer Juvenile Detention Center 323 Earl Garrett (Kerr County Courthouse) Kerrville, Texas 78028 (512) 257-2383 Representative Status Proposal for Addendum to Existing Fire System. Equipment 270-ASPO Manual Pull Station with Glass Rod E-270BB Back Box for Pull Station BK-2400TH PhotoElectric Smoke Detector with 135° Stat 603 135° Stat - Fixed Temperature Premise Buyer to provide wire, wire runs, conduit, etc. as specifie3 by the Fire Marshal to meet Cale. Selling Agent will provide the above listed new equipment, installation of same, testing, Certification Paperwork, and filing of paperwork as required. Note Alternate means of detection have been explained by Selling Agent, with Buyer choosing this mode of operation. Selling Agent Buyer Date Date KERRVILLE TELEPHONE CO. SECURITY ALARM DIVISION P. 0. BOX 1128 KERRVILLE, TEXAS 78028 (512) 896.6777 TEX. LIC. N0. B•3036 Quantity 2 2 5 1 Installed Equipment $603.40 - Twelve Month Warranty on Equipment - <~ SECOF21'1'Y SYSTEM P[lRC}~.SE AC,REEMall' ~,~. ~,~ TEffS Ac~tEEMFarr is made this ~ { r~ day of~~, 19 90 , by and between Kerrville Telephone company, Security Alarm bivision (Seller) and the Juvenile Detention Center, , (Foyer) of Name 700 Main Street, Kerrville, Texas Address In consideration of the undertakings, covenants ani agreements below set forth, the parties agree as follows: 1. Seller agrees to sell and Buyer agrees to buy the Security System described on the attached Security System Equipment List, incorporated herein for all purposes, in accordance with the terms and conditions set forth below. 2. Seller agrees to install the Security System at the Kerr County Courthouse, 700 Main Street Kerrville (Premises). location 3. The Security System shall be installed by Seller on the~~/y Premises in fully operating cordition on m ~ beFor~ ~ f . /~ / y I` J (J"'<./ {Installation Date). The Installation Date is an approximate date, and may be adjusted by mutual agreement of Seller and Buyer. Seller shall exercise its best efforts in performing the installation of the Security System but shall not be liable for delays or failure to do so caused by Acts of Goc1, Goverrmient, labor difficulties, failure of transportation, or other. causes beyond Seller's control. 4. The purchase price for the Security System is $ 603.40 , which will be paid as herein provided, plus freight and any sales, use or other similar tax imposed on Buyer or Seller in connection with this transaction. Seller ac]Qioaledges receipt of $ - ~ ~' to be applied to the purchase price. 4he balance of the purchase price shall be paid upon the completion of the installation of the Severity System on the Premises. 5. For a period of one (1) year from Installation Date for material and labor, Seller warrants that the Security System will be free from defects in material and wor}ananship. Seller will, at its option, repair the Security System in place or accept return of components of the Security System for repair or replacement. Expressly excluded from such warranty are damages to or failure of security system caused by reasonable wear aril tear resulting from normal use and, including but not limited to misuse, negligence, accident, theft or unexplained loss, abuse, animals, insects, Acts of God, or improper wiring, installation repair or alteration by anyone other than Seller. Repairs necessitated by any of the above excepted causes will be made by Seller and the reasonable cost of labor (at Seller's then prevailing rates for similar services) and materials for such repairs will be paid to Seller by Buyer within thirty (30) days of invoicing. THE ABOVE WARRANTSC SHALL BE IN LIEU OF AND EXCLIIDES ALL OIf~R EXPRESS OR IMPLIED WF~2RANTIES OF MERC!-II~FTP.BILTTY, FTiNE55 FOR PARTICULAR AJRFUSE, OR OIf~F&7ISE. SELLER MAKES NO UNDE~'AKING OR REPRESENTATION OF ANY KIND WHATSOEVER THAT THE SECURITY SYSTEM OR SERVICES SUPPLIID WILL AVERT OR PREVENT THE OCCi7f2RE34CES OR THE OONSEQUENCES THEREFROM WHICH THE SECURITYC SYSTEM OR SERVICE IS DESIGNED ~ DETECT, AND SELLER WILL NOT BE LIABLE FOR LOSS OR IYjMAGE DUE DIRECPLY OR INDIRECIZY ~ OCQTRRF3QCES, OR CONSEQi7ENCES THEREFROM, WIIICH THE SECLTRPI'Y SYSTEM OR SERVICE IS DESIGNID ZU DETECT OR AVFIQ'. SELLER WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR ~NSEQ[kTJTTAT, DAMAGES OR FOR IIJSS, DAMAGE OR EXPINSE DIRECTLY OR INDIRECTLY ARISING FROM BUYER'S USE OF OR INABILITY Ta USE THE SECURITY SYSTEM ETTHEft SEPARATELY OR IN OOMBINATION WPIi-I O`I'fg32 2 EQUIFMEKI', OR FOR PEFSONP,L ITU[1RY OR I1SS OR DESTl3JCTION OF CTHER PROPEIYPY, OR FROM ANY OTf~R CAUSE. SELLER'S LIABILI'PY IN ALL EVENTS WILL CEASE AND TEE~TE AT ZHE EXPIRATION OF ONE (1) YEAR FROM INSTAT?A'r'rON DATE. 6. If Buyer thrnuc~ his actions prevents Seller fn~xn installing the Security System or notified Seller after the execution of this Agreement of his refusal to accept such installation, Buyer will pay Seller liquidated damages in the amount of l00 of the purchase price. 7. Buyer agrees to use due care in the handling and operation of the Security System and Buyer agrees to operate the Security System during the warranty period as provided for herein, according to the instruction of Seller, and will not alter or permit the alteration of the Security System in any manner. Buyer agrees to immediately notify Seller of any difficulties in the operation of the Security System and first notice shall be to Seller as opposed to any other party. Buyer agrees to bear the cost, if any, of construction changes it desires or that may be necessary to aocon˘nodate the Security System and any other costs related to moves or changes in existing equipment, cable, or both. Buyer hereby assumes and will bear the entire risk of direct arri consequential loss and damage to Security System or any part thereof from the date of delivery to Premises. Buyer shall indemnify Seller against and hold Seller harmless from any and all claims, actions, suits, proceeclirx~s, costs, expenses, damages and liabilities, including attorney's fees, claimed by any person, organization, association, or otherwise arising out of, or relating to the Security System, use, possession, operation or condition, thereof. 3 8. Unless within seventy-two hours after the installation of the Security System, Buyer gives written notice to Seller specifying any defects in installation or other proper objection to the Security System, Buyer agrees that it shall be conclusively presumed that the Buyer has inspected the Security System, that the Security System is properly installed, is in good wrdition and repair, and that the Buyer is satisfied with and has accepted the Security System. 9. Title to the Security System is to remain in Seller until the full purchase price and installation charge provided for in Section 4 of this Agreement is paid. Failure of Buyer to pay Seller the purchase price of the Security System when due shall give Seller the right, without liability, to repossess the same, with or without notice, aril to avail itself of any legal remedy. 10. If more than one (1) party is named as Buyer in this Agreement, the liability of each shall be joint and several. NO Fg~IVEFt OF ANY BREACH, PRIVILEGE, PROVISION OR DEFAULT HEREOF SHALL BE CONSTRUID AS A WAIVER OF ANY 0Rf~2 BREACH, PRIVILEGE, OR PROVISION OR DEFAULT. Seller has the right to assign its rights and obligations under this Agreement upon giving written notice of such assignment to Buyer. Buyer may assign its rights and obligations created herein with Seller's prior written consent. If any provisions of this Agreement are in conflict with any statute or rule of law of any state or territory wherein it may be sought to be enforced, then such provisions shall be deemed null and void to the extent that they may conflict therewith, but without invalidating the remaining provisions hereof. 4 This agreement contains the entire agreement between Seller arxi Buyer and any alteration or modification of this Agreement shall be in writing anti signed by the parties. This agreement shall be governed by the Laws of the State of Texas. BUYER AGREESS THAT NO VERBAL REPRESENTATION OF ANY SALESMAN, AGFI~IP, OFFICER, OR EMPLOYEE OF SELSII2 SHALL OPERATE TO VARY THE WRPPPFN TERMS HEREOF. THIS AGREEMENT shall not be binding upon Seller unless approved in writing by an officer of Seller. In the event of failure of approval, the sole liability of Seller shall be to refund to Buyer the amount that has been paid to Seller upon the signing of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on different dates but to be effective the date first written above. KERRVILS.E TELEPHONE OOMPANY Security Alarm Division (Seller) P. O. Box 1128 Kerrville, TX 78029-1128 896-6777 (Addr~e~s~s/ - Telephone Number) BY:~~i ~-~"` (~J~t) Laning DATE: ~-~/ lr'D APPROVED: Juvenile Detention Center (~l'~') 700 Main Street (Kerr County Courthouse) Kerrville Texas 7 208 (51(~~~ 2383/e~le ne Nwnber) BY:~'7n /2~tid// ,~~ Danny $'. Edwards TITLE: Kerr County Judge DATE: ~l ~' y~ (Authorized Offices) C.R. Weinheimer -President Kerrville Telephone Company (~~) 5 FIRE SYSTFSI EQUIPMENP LIST May 25, 1990 Custaner Juvenile Detention Center 700 Main Street (Kerr County Courthouse) Kerrville, Texas 78028 (512) 257-2383 Representative _ _ Status Proposal for Addendun to Existing Fire System. Equipment Quantity 270-ASPO Manual Pull Station with Glass Rod 2 E-270BB Back Box for Pull Station 2 BK-2400TH PhotoElectric Smoke Detector with 135° Stat 5 603 135° Stat - Fixed Temperature 1 KcRRV1LLE TELEPHONE CO. SECURITY ALAR^d DIVISION P. 0. c0.. 1128 KERRVILLE, TEXA: 78028 (512) 896.6777 TEX. LIC. NO. 33035 Installed Equipment $603.40 Pramica Buyer to provide wire, wire runs, conduit, etc. as specifie3 by the Fire Marshal to meet Gale. Selling Agent will provide the above listed new equipment, installation of same, testing, Certification Paperwork, and filing of paperwork as required. - Twelve Month Warranty on Equipment - Note Alternate means of detection have been explained by Selling Agent, ith Buyer choosing this mode of oper ion. Selling nt ' Buyer Date Date