Ite^ 2.8 Consider the development and appointment of a Kerr
County Fire Marshal.
This item was tabled and discussed and the Court made no
decision at this tine other than to hold a workshop to discuss
this item further. The workshop will be held on November 14,
1994 at 3:00 P. M.
Ite^ 2.9 Ratify Contract between Kerr County Environmental
Health Department and Advanced Tel-Com Systems signed and
agreed to October il, 1994. (Commissioner Prec q 3)
ORDER NO. 22376
RRTIFICATION OF CONTRACT BETWEEN KERR COUNTY
ENVIRONMENTAL HEALTH RND TEL COM SYSTEMS
On this the 24th day of October 1994, upon motion made by
Commissioner Lehman, seconded by Commissioner Holekamp, the
Court unanimously approved by a vote of 4-0-0, to ratify the
contract between Kerr County Environmental Health Office and
Tel Com Systems which was signed and agreed upon October 11,
~'~ 1994.
RDVANCED TEL-COM SYSTEMS
955 Water Street
Kerrville, Tx 78028
1210) 896-6300
CONTRACT FOR: KERR COUNTY ENVIRONMENTAL HEALTH DEPT
QUOTATION NO: 9433-0416
The equipment is described in the attached Equipment Summary.
DIRECT PURCHRSE
Equipment and Labor: (650.00
Tax: (Exempt
Total: f650.00
12 Month maintenance is included in the above
equipment prices. Maintenance coverage commences on the date
of installation completion, which has been certified by a
representative of Advance Tel-Com Systems, Corporation.
Delays in continuing this project that are due to
circumstances beyond Advanced Tel-Com Systems control will be
billed to the customer at the ten current labor rate and
equipment prices. The amount billed to customer will be in
addition to the stated contract price.
PAGE 646
Rny changes or additions initiated by the customer
after execution of the contract will be made at the current
labor rate and equipment prices and will be in addition to the
stated contract price.
The Purchaser agrees to buy the communication system
outlined above from Advanced Tel-Com Systens Corporation as
Direct Purchase, in accordance with the terms and conditions
of this agreement and attachments.
Agreed to this 11th day of October, 1994.
Kerr County Environmental Health
Purchaser
ADVANCED TEL-COM SYSTEMS
Seller
/s/ W. G. St acv
Title Kerr County Judge
101 Sour 100
Street Address
Kerrville. Tx 78028
City, State, Zip Code
ATTACHMENTS:
Equipment Summary
(Exhibit "R">
/s/ James R. Hart. III
By: James R. Hart, III
Title
GENERAL TERMS AND CONDITIONS

R11 prices quoted are F.O.B. Kerrville, Texas, unless
otherwise stated. Delivery will be made in good order to the
agreed location at which time the Buyer receives and accepts
the equipment. It is understood that risk of loss or damage
to the equipment is assumed by the Buyer after installed,
operational and accepted by Buyer. The Seller will notify the
Buyer to that fact and inform the Buyer as to the dates and
times at which the expect to be invoiced by the Seller.
Unless otherwise stated, prices quoted do not include
federal, state or local taxes which may be applicable to the
sale, purchase, delivery, use or processing of this equipment.
Any such taxes as may be due will be computed and added at the
time the order is invoiced.
The Buyer shall hold Seller harmless against any
expense or loss resulting from infringement of patents or
trademarks arising from Buyer's independent act, or from
compliances with the Buyer's requested design, or
specification or instructions.
The terms and conditions contained herein take
precedence over the terms and conditions of any other document
issued in connection with the Rgreement.
PAGE 647
Advanced Tel-Com Systems Cor^por•ation will exercise its
best effort in furnishing the equipment and services described
in this Agreement but in no event will be liable where its
best efforts are impeded by acts of God, the government, or
public telephone network or• any equipment belonging thereto,
by improper electrical power, or by other events or causes
beyond its control, nor in any event will Rdvanced Tel-Coo
Systems Corporation be liable for• any indirect or
consequential damages arising out of delays or defective
equipment, unless provided otherwise herein.
This Agreement is to be governed by the laws of the
State of Texas.
All rights and obligations of Rdvanced Tel-Cam Systems
Corporation herein shall inure to the the benefit of its
successors and assigns; and all rights and obligations of
Buyer shall bind their heirs, legal representatives,
successors, and assigns of Buyer. If more than one person
executes this Rgreement as Buyer, the covenants, conditions,
obligations, and liabilities of such persons under this
Agreement shall be joint and several.
This Rgreement contains the entire agreement between
Rdvanced Tel-Com Systems, and Buyer and any alteration or
modification of the Agreement must be in writing signed by the
parties.
DIRECT PURCHASE AGREEMENT
This agreement shall be accompanied with the 1@% of
the amount stated as the contract price.
If a firm order is cancelled prior to the delivery of
said equipment, Seller reserve the right, at its election, to
accept such said cancellation for char^ge of 2@X of the total
contract price. This in no way shall require Seller to accept
any cancellation nor in any manner limit Seller's remedies if
said cancellation is not accepted.
Neither the buyer nor Advanced Tel-Cam Systems
Corporation may assign its right or delegate performance of its
duties under this contract without the prior written consent of
the other.
To secure the payment of the total unpaid balance
(including interest, if any) any renewal of refinancing
thereof, together with all future advances, the customer does
hereby transfer, set over, grant and convey to Rdvanced Tel-Com
Systems Corporation, its successors or assigns, a security
inter^est in the equipment described herein together with all
replacements, parts, additions, repairs and accessories
incorporated herein and/or hereafter affixed thereto, to have
and to hold the said security interest in said property
forever; provided however; if buyer shall pay or cause to be
paid according to the terms hereof the unpaid balance
(including interest, if any) above recited, the said security
interest shall be void; otherwise, it will remain in full force
and effect.
PRGE 648
Buyer- or• Seller shall have the eight to cancel this
agreement in the event that the other becomes insolvent,
~ bankrupt or makes ar-r•angement for• the benefit of its cr•editor•s,
or consents to the appointment of a trustee or receiver, ar in
the event a trustee or r-eceiver is appointed for• part or- all of
the properties of or in the event bankruptcy, reorganization,
arrangement, liquidation or other creditor proceedings are
instituted against the Buyer and are not dismissed within
thirty (30> days. No such cancellation shall prejudice the
Sellers right arising prior to such cancellation or shall limit
in any way any other rights or r-emedies available to the
Seller.
WRRRANTY
Seller warrants that the goods sold her-e under will be
free from defect in material and workmanship, that such goods
will be fit for• the or•dinar•y purposes far which such goods are
used, and that good title thereto is conveyed to Buyer. The
FOREGOING I5 IN LIEU OF ALL OTHER WARRRNTIES EXPRESSED OR
IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WRRRANTY OR
MERCHANTABILITY. This Warranty does not extend to products
which are peripheral or not integrated into Seller's agreement
and/or assemblies. This War•r•anty does not extend to damage to
goods resulting from extraneous causes not attributable to the
Seller including, without limitation, damage caused in whole or
in part by improper storage, misuse, neglect, or abuse or
unauthorized alteration or repair 6y Buyer.
1
-- Seller warrants that any software programs provided
with the system will perform the functions required to
implement the equipment set forth in the Equipment Summary.
This warranty shall be voided if any software programs
are modified or changed other than by or at the direction of
the Seller.
Buyer's exclusive remedies for breach of all
warranties pertaining to the goods and/or any software programs
shall be limited to the repair or replacement, at Seller's
option, or^ any defective part thereof; provided, however, that
Seller has received from Buyer written notice of such defect,
specifying the nature thereof, within the period of 90 calendar
days after execution of this contract. If seller so directs,
Buyer shall r^etur•n parts claims to be defective to Seller for
repair or replacement.
In no event shall Seller be liable for special or
consequential damages, nor shall recovery of any kind against
Seller be greater in amount than the purchase price of the
specific material sold.
(EXHIBIT "A")
CUSTOMER: Kerr• County Environmental Health Dept.
PAGE 649
EQUIPMENT SUMMRRY
SYSTEM: Busco^ 616
1 - KSU Buscam 616
4 - DM16 Telephones (6@@81>
1 - Surge Rrotector
Ite^ 2.10 Consider and discuss contract between Ker•r• County
and BFI Waste Systems.
ORDER NO. 22377
APPROVAL FOR COMMISSIONER HOLEKRMP TO
RENEGOTIATE CONTRACT WITH BFI SERVICES
On this the 24th day of October 1994, upon motion made by
Commissioner Oehler, seconded by Commissioner Lackey, the
Court unanimously approved by a vote of 4-0-0, to
approve Commissioner Holekamp to renegotiate the contract with
i BFI Services.
ORDER NO. 22378
This order no. was assigned but not used, the following
resulted.
Ite^ 3.2 Consideration and discussion regarding status of 911
Hoard Appointee and replacement if indicated.
This item was tabled and a motion was made by Commissioner
Oehler to remove Willard Ammann but died far a lack of a
second.
Ite^ 2.11 Consider and discuss Water Street Bridge Project.
(Commissioner Prec # 3)
ORDER NO. 22379
APPROVAL OF ESCROW AGREEMENT BETWEEN KERR COUNTY
AND THE TEXAS DEPRRTMENT OF TRANSPORTATION
On this the 24th day of October 1994, upon motion made by
Commissioner Lehman, seconded by Commissioner Lackey, the
Court unanimously approved by a vote of 4-0-0, to approve the
Escrow Agreement between Kerr County and the Texas Department
of Transportation for the reconstruction of the Water Street
Bridge of Kerr County.
GAGE 65@