ORDER NO. 29216 CEBRIDGE INTERNET CONTRACT JUSTICE OF THE PEACE #4 Came to be heazd this the 27`~ day of June 2005, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 3-0-0 the Contract for High Speed Internet for Justice of the Peace #4 with Cebridge, subject to the conditions set out by the County Attorney and authorize the County Judge to Sign. COMMISSIONERS' COURT AGENDA REOUEST ~ ~ ~~/ ~ PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: John D. Trolinger MEETING DATE: June 2$, 2005 OFFICE: Information Technology TIME PREFERRED: SUBJECT: Consider, Discuss, and Approve contracts for county telephone system audit and county computer network engineering services. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Sohn D. Trolinger ESTIMATED LENGTH OF PRESENTATION: 4 Minutes 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: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED 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. ~: f7 a Z~ Q° J ~-~ ~ ~ ~~ _~ ~;yz~rQ~ ,~~- ~_~----- r~ )~~~ ~,~ 5:00 P.M. previous Tuesday. Aee3su8 „d ~.... ~.-. .- --. ~,~I~l(~ ~ Cebridge `- business connections MISSOURI BUSINESS FORMS - 314-965-866a Work Order # Effective Date: ~-a(..t?-~~ Order Date: _ System/Division: ~~~4r>< ~~ ~-P 4~ Account #: `~?~P~O~(30D(O~~-g APPLICATION FOR SERVICE/COMMERCIAL AGREEMENT ~ Maili Physical Address: City, State, Zip: ~/l=T ~'I FT/~ ~Zl~ a's Directions to Premise/Miscellaneous Information Business Phone: Q~~ ~~ 7!~- /~-~ ~ Alt Phone: _ Contact Na ~ n ~ ~ [7Il`Ii14Pf Business E-mail Address: Services Hlgh Speet] Intemet ~ ~ I:aDI e IeIBY1SlOn ~ One $ 34 95 $ Commercial without Commercial with . Professional $ 59.95 $~~~~ Hospitaliri Hospitality Commercial $ 99.95 $ Basic $ Basic $ Executive $ 149.95 $ Expanded $ Expanded $ Custom Services $ OTHER $ Occupancy # 5 Additional E-mail Accts $ 15.00 $ Bar Restaurants $ , StaticlPAddresses(Limit3) $aT'15.00 T '°T~' Fox RSN ^ ESPN HD ^ 5M6 f W $ 9 95 $ b S FX ^ ESPN Classic ^ o . e pace Activation Fee $ 99.95^ $19.95^ N/A Installation $ ESPN ^ ESPN Deportes ^ ESPN 2 ^ Back Balance $ Total $ IN, cash *Applicable local, state end franchise taxes not included Term ^None ^lyear [~2years ^Other Number of Workstations ^ Less than 5 ^ 5-10 ^10-20 ^Other Pa ment Information Sales Information Total Collected $ ^ N/A Sales Rep: Cash ^ Yes ^ No Credit Card: 5 Sales Rep. ID #: ~ J ~t~ Check #: D ate: Company: pp // Bill Later: 1~/ ~~ % IOY1 ~ V Technician Name: Customer Signature: Technician #: Money Order: Company: Collected by: Confirmed By: Installation Information/Comments Video• High Speed Internet: ~ ~ ( ~Jr~Q K I`ri fPrn2 f `; rv` ~ • ~ m ~ . o~'~{$y~l c' ,~,~i •, ~ ;-gyp ~_l_I °s----; .~ a~.• ~~ JJ ~/ // ~~ > /- f' ' ~ "` ~ Construction/Installation Price: $_LI/(<7/ (~C (Qvl C z ~/ re . Signature of Sales Rep CEBRIDGE CORPORATE Commercial Agreement 6/04 ~•?.,.~~~~i f~'i &.. t'S~:,r sA^fl a„ a~3e S"2 ~~a~.. R:. e"~u;2 t'S A~..6:3 i~~~~ic i.. '.. :<+.:.n . :;,~.ifi .. .1•::";e ~ ;. 'C le'.v :;'.,: r~ [:c: i- ;:='.:.i r .ri~.i+: i.;_ru--,.. pi: (,e ~11 :L;: .. ,,. ... .. • .., ,.. ~ ,,. > :n us x . .:a; +. ~;!„ ,.;. ... .... ] ..... ~r:, ~ .._, < ... 1. :. . sec) I; , .I _., ~ ~ f'.v~ ~ .. ct<:"i. ¢ ,r p, c.-~ i v nr .:.idl, ..ec^' ,. F. ..nt. .....p ;na'i, +f., tut ... r.e. c.. _~:r n ~; ;, ;i{; ~'-ere ;;,r.,n ~;run}L l.r ui)r...e,_,n -ina. .1 ..isle- t~t~`3wne ~i 'irsdi .,,Wr v.',.. s Ar7 :r.: crr .>r .. v rt_• >iy .. r.~ ,t: ~er z c i,.rn!» +;_, -': :s :c c e r.-t;.rd . t n-: Cam •^=^.i.';l t; tr e. . ... ... (,~t t; ?pY .) ~f;(v.,,t .. ~ Nfi"Wit ,li I;;~.i ..o 1 ~.JIIL'.) VI i i.'.:!alt to ....k-CY .In)e_SU9H ..n,Jil-brCla~ "rf%1$ if .~t'L'Cb ish.y ,.:v: tl ~'.tS Fv:f' S (` iU 4i 1 ., dv iYi 9C is .'.i tt.U .,~ ,.gTGf l•t-. d ,^F[b.l t,.. .n'#.d1.Qe nebtil: l..ist:~•r•..i i Sr:~; ;;Y_w ii;a Co, i;.r~rre.Ii, ,rs of ~. ><,.~:: ,., ~:eee tier ~,r .r fC~_est.,e, .l~,: :. .:. tt s,pcc vet ~.n.'~t,aagcs Custor?ter.h.,esd ~, top..sLuE iha S&,v ce> im~rar'ia!_!y L~sram. s rs~ rf ~ Se~rvi: e : ha ! c t>:iLi , .,{,'e... ~ ~ ... U '_ =u ; cx, c.i Commrx~ual Te~rrs of Serve .~ fo 'he 5e e.ce:: u :nd. 2, LopationslfAlavtsxaeaans .hPS a ?c'_menr ,h.,'. ~:x;li,rde. t°ee: ^.ustnr....r a z,ti tins ' Cus[oa~ee• Luc,;to7s `! a td th=' reumhm cr empicy=as wr,rkstaticr . ue ac cess ,w nts `r,: e.a:1e Creanmar -e:e-;lion ~- pc.,i'iir:,r~ r the mcs e r!tt Nlo rk Or.fer. 3.. Payment. The cha,'c,_s for o,.Ee Bona of ~e u'.ez, hr .;dhgr pry ei ,.HU:a. a ~' i vte tiat:on and Equm t~?nY n!!an)es are due upon east ai!at;on ~rf hie Se.'. .u~s. P,tereaete , r usU in ;agues to ..ay mnrih Py Service any E3. ~eipment. lease rh +rn ~.s in auvznce~ the dais nriican-.d un Crrsxomee bii.ir:g -data:me .. 'r,:: ufi'nr ill reia,.,d ;axes, fi t iuy,,t Lm-aid ot[tei yovernn:eat s;casments harge;c fur pay. per view or ncx-rrcurrir~g Services or Equipment NriH br iEalected on G+sttxner's i:ii(ing staternen! Hoer the charge has been incurred a't the then currant corn rrsercial rates. A, Fixed Term. If Customer Las scaerted a fixers term !' Initial Term`1 to receive service in return at the rate as indicated on t6<: Work Order, Qestrmer shall pay ill et rate far the s;aiected Services in! iP:e nntirr irntial Terris, Customer agrees that if Customer disconnects or ~ downgrades the Survic. for any mason cEuring ths: InitiaiTerrn, Customee ,halt pay ale arnounls owing prior to the discuunect or dnwngearle rind shell pay Cebridyn a taimh:ation'Eee equal to alf an:aunts that would have become due and payable during the rr:mainder of the laitial Terra. 5. Monthly Term. Unless Custnme; has s±;lected a fx•.'d haitial Term, or aher the expira tivn of the Initial Term, the Services shall tar; offered cis r, recurring monthly basis until such lime as the. Services aru terminated in accordance with the Commerciall'enns of Service. Customer shall pay tha hill commei cial rate as published by Cebridge from time-Ye's-time for Servlens purchased on a recurring rnuMhly b.isis. 6. Downgrade r~Ter~~at~. After this Initial Term, Qrston:er may +lownyrade or [annina[e service by Grovirling wriYtan notice to Cebridge thirty ~30i days in advance of termination, peyiny all unpaid ar.;uunts anct rebeming all Equiprnent in good condi$a9 !in the event of termination) Cebtdge reserves the e iyht to terminuu; Service to Customer fps circumstances in Cebridge's discretion, including breach of this Agreement, bankruptcy or violation oY saw. 7. Commerce@I_.Use. Clrstumrr may use the SerJicelsi for the number of for:atinna ie.g., workstations, receivers) within a given location and the number of branch offices {tulle ,lively "Aurhorire,tiARRANTI' EXPRESS CR Ih1PL1ED. INCLUDING ANY WARRAPln OF MERCHANTABILITY, f"ITNESS OR ~. PARTICULAR PURPOSE OR NCN-INR3INGEM"e NT C]F EITHER THE EQUIPMENT CR SERVICES PROVIDED HEREUNDER 9. Limitation of Liability. !n ndditkrn 4r limits of liability i11 the Cunvnen.ial Tsretrs of Service, Cebridge shall not be liable to Customer nr any third party far indirect, special, incidental, consrtquentiaL punitive or exemplary damages arising out of or in r;onnectinn with the Service ur any acts or omission associate-d therewith, inr.iudiny any acts or urnis.=,iuns by subcontractors of Cebndnr, or relating) to any Service furr?fished, whether such claim is based on breach of :roarraniy, <~.onirrct, tort or any other legal thecry and reyardiess of The r_auses of such Toss or darnagc-s or whether any other remedy provided herein Fails. 'Ip. Custx+mer Exclusive Reme~HArbiYr~ion . Cehritige eat re Iinbitty anc. Custume~ ~~ exclusive remedy with respect to the Service; and/or Eiquirnnent or the breach by Cubridye of any ut Cebridge's obgigatiuns under tins Ayr'eement shall be Qisfomer's ability in terminate the: Services or 20 obieiri tide repiaeenu: nY or repair of any de:`e:.tive F_quiprrten^. fn na event shall Ce6ridge's Oabllity °or any damages, c!aims, causes of achn!e, cnst~ nr expenses arising out of iL•is Ayreernent axceed the an~mntt paid by Customer during the preceding thirty 601 day pcr!od. i)nless provided otherwise by applicable law Customac acid Cebi Id~ae agree !hat any alaiem, dispute or nootroversy arising o!.u of nr re:ating ;o. ta; th!s Ayrsen~tent, inr_lu(tir:y any of i#s anmponenrs; ibj the Services ur Equipment provided by Cebridge. or icj arty ord or written statements, advr:riisemaetts or promo?ions ; ei.rtiny to this Ag!eement or to fhc Services or Equiprnent (colinctively. "Claim"') shall be resolved thrc=ugh arbitration in accordance rarth the procedure contained in the Q?mmen:tai Terms of Service. 97, Assignment. TMs Ayrce,ne d. thr, Sarv;ce=,n teor Equign enf are nut ssigr;a ble or ;;ansferable by Cus!oit:er. Gxbriuge neat' ascgn firs rigtr[s and obliyatioirs under this P,tg:eemm~i, witho~ nutiCr--. 72. Entire Agreement. ':is +ly ruerr.ent, the 4~lnrn Jv; r rind the Comnau<,~~a ~letr:-s r Se ~a'ice, constiErtn thv e 'u zqf ra:e;n5nt k:etween the p ,9rts and s.p _r',edr_. ar,.; nuNikr ~_ ai : rior t nrfe-a+a~t songs Lromsr~s ur uudartek ng;; yr ,h in~gsect to tite be wibrs and'- r Pci:.upmoni. t 3. G¢uerneng L~av. TM A,{c~mor.° ,1 natt ~.r ~.u .; sr? a(; :g nut r, <, rdz.~nttr„h~,=it'?raer-re: i,'hra Ce;..i cs,: ~:: c-t(-rir.;p~nen. sP~_ili L: .),,,erne ' ny th,; 1 ti ::~, tre S .. ";..'u=, of ibis '.t rr~ ;te:.[ as'+ t~e .:u. o;r; r. 'tc ;;:-.i= i a :~; r,]i; 1wn of tltus^ rourgs. ,~TRC rwM~Mw\.-rwuMw GM~~i1MM~GGMlMM~ti SEAV ICES IXC ENGINEERING SERVICE AGREEMENT AGREEMENT made as of Sine. 2~ , 2005 between Kerr County (hereinafter called the "Client") and TRC Engineering Services. Inc. (hereinafter called the "Engineer"). NOW THEREFORE, in consideration of the mutual understanding herein contained, the parties agree as follows: ARTICLE I Services The Engineer shall render diligently and competently the engineering services described in Attachment A, upon the terms and conditions herein stated. All services to be rendered hereunder shall be subject to the direction and approval of the Client. It is agreed, without limiting the generality of the foregoing, that all drawings, designs, specifications and other incidental engineering work or materials furnished by the Engineer hereunder shall be and remain the property of the Client. ARTICLE II Compensation The Client shall pay the Engineer for services performed hereunder on a "time and expense basis" as defined in the attached Schedule of Fees dated January 2005 j~"c The net shall be due and payable within ten 10 days after receipt of the invoice. Interest at the rate of 10% per annum will be charged for invoices not paid within 30 days from invoic ~~ ~ ~ ~ ' _ n_ ~ ~ ~ SJ -~ ~.tiw ~ ~'~~~~ ~ ARTICLE III General Section 1. License: The Engineer shall comply with all applicable federal, State and local regulations and statutes pertaining to engineering and warrants that he possesses License Number 087106 issued to him by the State of Texas, on July 28, 2000. Page 1 of 3 Section 2. Insurance: The Engineer shall take out and maintain worker's compensation insurance, public liability insurance, and automobile liability insurance in the limits as required by Texas law. Section 3. Qualified Personnel: The obligations and duties to be pertormed by the Engineer under this Agreement shall be pertormed by persons qualified to perform such duties efficiently. The Engineer, if the Client shall direct, shall replace any engineer or other person employed by the Engineer in connection with the work. Section 4. Terms of Agreement: This agreement shall become effective as of the date hereof and shall remain in effect until terminated by either party giving thirty days notice to the other party of its intention to terminate. Section 5. Assignment: The obligations of the Engineer under the Agreement shall not be assigned without the approval in writing of the Client. Section 6. Hiring of TRC Engineering Services, Inc. Employees: During the term of and for a period of one-year period following termination of this Agreement, Client shall not employ, solicit the employment of or aid any third party to solicit the employment of any TRC Engineering Services, Inc. employee in any capacity. In the event this provision is breached by the Client, liquidated damages equal to fifty percent (50%) of said employee's annual salary (paid by TRC Engineering Services, Inc. at the time of breach) shall be paid by the Client to TRC Engineering Services, Inc. Section 7. Applicable Law: The validity, construction, and performance of the Agreement shall be governed by the laws of the State of Texas. Section 8. Complete Agreement:. This Agreement is the complete understanding between TRC Engineering Services, Inc. and Kerr Countv and it supersedes all prior agreements and understandings concerning the subject matter set forth herein. Section 9. Nondisclosure: During the course of performing services, the Engineer may become aware and receive confidential information, including data, designs, ideas, methods, reports, plans or other proprietary matters of the Client. The Engineer agrees to receive and hold in strict confidence for and on behalf of the Client all such confidential information acquired from the Client and all information that the Engineer creates in connection with or as a result of performing services under this agreement, including data, designs, ideas methods, reports, suggestions, or other confidential information. The Engineer shall restrict disclosure of the information solely to those of its employees with a need to know or those designated by the Client as having a need to know, and shall not disclose it to other parties either during or after the termination of this agreement. The Engineer shall advise employees of the obligation of confidentiality. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed. 700 Main Street Mailing Address Kerrville, TX 78028 City, State, ZIP 700 Main Street Billing Address Kerrville, TX 78028 City, State, ZIP Attention Accounts Payable rnnteo rvarne a ~ me 718 Alpine Drive Kerrville, TX 78028 Herman C. Roark. Jr. Exec. VP Page 3 of 3 _:.~::. TRC ENGINEERING SERVICES, INC. Schedule of Fees - 2005 Class Hourly Code Classification Rate 10 Senior Engineering Management Consultant $ 125.00 11 Professional Engineer $ 150.00 14 Network Specialist $ 100.00 16 Contract Administrator $ 50.00 19 Senior Project Manager $ 95.00 20 Project Manager $ 65.00 30 Resident Inspector - OSP $ 65.00 31 Inspector - OSP $ 50.00 34 Engineering Technician $ 50.00 50 Secretary & Word Processor $ 35.00 51 Grant Administrator $ 50.00 61 Draftsperson $ 45.00 64 Plant Record Clerk $ 35.00 Overtime Rate =Regular Hourly Rate x 1.50 Auto Mileage - $.40 per Mile Expenses A. Actual and reasonable expenses paid to employees plus cost of prints, postage and telephone. B. Actual vehicle rental cost. C. Actual air travel cost. D. If special test equipment is required, actual rental charges will be invoiced. E. If outside consultants, architects, or specialized agencies are used, at the request of or as approved by the Owner, actual costs plus 12% will be billed. Page 1 of 1 ATTACHMENT"A" To Kerr Countv \ Engineering Service Agreement Dated ~-~Jio~',~ (~3, 711i~ DESCRIPTION OF SERVICES: . ~ 1 ~o~,l.. GQ~~yv(r~r~.~'~~ Q,(V~~I~C~'t4o~(~, (q~~y~, \ ~ Ali 'k0 QJ X U 1~'~1 ~ -~ 11 0'd Q . ~ 11 Requested Start Date: JJ'(1Q; ~~ ~41p~ Requested Completion Date: i ~D We will assign the following TRC Project Code number(s) to this project. Herman C. Roark, Jr. Exec. VP Printed Name 8 Title Date Page 1 of 1 ~~-o,f~ Date