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2000-193THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ECTION 1 That the Mayor, or in her absence the Mayor Pro Tern, ts hereby anthonzed to execute, on behalf of the City, an Interlocal Cooperation Agreement between the C~ty of Denton, Texas and Denton County, Texas for the construction and ~mplementation of a wide area network involving the City's fiber optic network, substantaally in accordance with the Interlocal Cooperation Agreement which is attached hereto and incorporated by reference herein SECTION 2 That the expenditure of funds as set forth m the Interlocal Cooperation Agreement ~s hereby authonzed SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the ~ day of ~.~ ,2000 EULINE BROCK, MAYOK ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documonts\Ordmances\00\Interlocal Agrmt- Fiber Denton County doc STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT ~s made and entered into by and between the CITY OF DENTON, TEXAS, a Texas Mummpal Corporatmn (hereinafter "CITY") and DENTON COUNTY, TEXAS (hereinafter "COUNTY"), each organxzed and ex~stmg under the laws of the State of Texas, acting by and through and under the anthonty of thetr respecttve govermng bo&es and officmls, and WHEREAS, the CITY and COUNTY are local governmental ent~txes orgamzed under the laws of the State ot Texas, and both of whom have the anthonty to perform the serwces set forth m th~s Agreement md~wdually, and who mutually desire to enter into an mterlocal cooperatxon agreement, as prowded for tn Chapter 791 of the Texas Government Code (Vernon 1994) ~n order to maxxm~ze the benefits to the mt~zens of the CITY and the COUNTY to be derived from each taxpayer dollar expended, and WHEREAS, the CITY has heretofore constructed a fiber optm system operated by Denton Munxmpal Electric ("DME") m order to prowde a dependable, secure, and cost- effective conmmmcatmns path for the momtonng and protectxon of ~ts electric utthty system, whxch fiber optic system ~s m place and operattonal, and covers nearly all of the Cxty of Denton, and WHEREAS, there exists a hmtted amount of excess capamty on the C~ty's fiber opttc system, and the COUNTY has not heretofore constructed any fiber optic system of tts own m order to tnterconnect some or all ot the COUNTY's facthttes, largely due to the cost of constructing such a system The COUNTY, m order to tmprove the County's data and mformatton sermces, destres to lease excess fiber optm capamty from the CITY's system for use xn tts computer network, for the purpose of tnterconnectmg the COUNTY's famhtxes on a fibre optic system whmh the County beheves wall promde for the ~raproved effiment exchange of data, and WHEREAS, the CITY and COUNTY desire to pool their resources, to avmd urmecessary or duphmtous expense, and to take mutual advantage of max~mtzang economies of scale, resulting ~n cost savmgs to their respectwe taxpayers, and WHEREAS, the CITY ~s wfihng to lease excess fiber optic system capamty to and construct a Wxde Area Network ("WAN") for use by the COUNTY, utthzmg that fiber optte cable provtded by and tnstalled by the CITY as promded tn thts Interlocal Cooperatmn Agreement The CITY and COUNTY by thxs Interlocal Cooperation Agreement (the "Agreement") express thexr mutual understanding that the relatxonshtp to be created by tmplementatxon of th~s Agreemant ~s that of two local governmental entxt~es sharing a telecommunmat~ons network, and 1 WHEREAS, there ~s a vahd governmental purpose served by th~s Agreement by the CITY and COUNTY to prowde h~gh technology commumcat~ons capabthty for the COUNTY ~n order that COUNTY may interconnect ~ts facd~t~es to promde enhanced serwces to the residents of the COUNTY, as well as to the COUNTY's governmental support and administrative functions, and WHEREAS, the CITY and COUNTY agree that all payments made ~n connection w~th governmental funcnons prowded for by th~s Agreement shall be made from current revenues avadable to the paying party ~n accordance with the provisions w~th the prows~ons of Section 791 0II(d)(3) of the Texas Government Code and that the payments received are adequate and fatrly compensate the performing party for the services or functmns performed, ~n accordance w~th the proms~ons of Sectmn 791 01 l(e) of the Texas Government Code, and WHEREAS, the lnterlocal Cooperation Act, now contained in Chapter 791 of the Texas Government Code (Vmnon 1994), authorizes the CITY and the COUNTY to enter ~nto th~s Agreement for the purpose of ach~ewng the governmental functions and providing the serwces represented by th~s collecuve, cooperative undertaking NOW THEREFORE, the CITY and COUNTY, for and ~n constderatmn of the premises and the mutual covenants set forth ~n th~s Interlocal Cooperation Agreement, and pursuant to the authority g~anted by the governing bodies of each of the part~es hereto, ~n accordance w~th Section 791 0II(d)(1) of the Texas Government Code, do hereby AGREE as follows ARTICLE I INCORPORATION OF pREAMBLES The preamble to th~s Agreement ~s ~ncorporated ~nto th~s Agreement and the remtat~ons contained there~n are found and determined to be true and correct ARTICLE II SCOPE OF AGREEMENT A COUNTY ~ntends to ~mplement ~ts WAN utthzmg leased fiber optic cable owned by and prowded by the CITY The COUNTY wall own and prowde all of the electromc eqmpment needed to ~mplement ~ts WAN at ~ts sole cost and expense B Option 1 The WAN, as referred to ~n th~s Agreement, conststs of a Collapsed Backbone network, which ~ncorporates seven (7) specific COUNTY s~tes centered on the Denton Courts Barldmg, 1450 E McKmney Dedicated fiber parrs are to emanate from the Denton Courts Budding, 1450 E McKtnney (the Hub Facd~ty ) to 1) Denton Government Center, 306 N Loop 288 2) County Annex Barld~ng, 301 E McKlnney St 3) Courthouse-on- The- Square 110 W Hickory St 2 4) The Joseph A Cmroll Building, 401 W Hickory St Pmrs of fibers are to be made avmlable for extending the network as follows 1) From the Denton Govermnent Center, 306 N Loop 288 to the Department of Public Safety, 820 N Loop 288 2) From the County Annex Building, 301 E McKlnney Street to the Denton Tax Office, 300 E McKinney C Option II The WAN, as referred to in this Agreement consists of a Distributed Backbone network centered on the County Courts Building, 1450 E McKlnney Street Dedicated fiber pairs are to interconnect the COUNTY facilities as follows 1) From the County Courts Braiding, 1450 E McKinney to the Denton Government Center, 306 N Loop 288 2) From the Denton Government Centre 306 N Loop 288 to the Department of Public Safety, 820 N Loop 288 3) From the County Comts Building 1450 E McKlnney to the County Annex Building, 301 E McKnmey 4) From the County Annex Building, 301 E McKiuney to the Denton Tax Office, 300 E McKinney 5) From the County Annex Building, 300 E McKinney to the Courthouse-On- The-Square, 110 W Hickory 6) From the Courthouse-On-The-Square, 110 W Hickory to the Joseph A Carroll Building, 401 W Hickory D The network shall consist of one (1) fiber pair of s~ngle-mode fiber optic cable terminating at points of demarcation at each COUNTY site E The CITY shall furnish at the CITY's own cost and expense, except as otherwise provided here~n, all labor, services, and material for the creation, construction, and completmn of the network and all additional lines emanating therefrom as provided within th~s Agreement F The CITY shall fuimsh at C1TY's own cost and expense, except as otherwise provided here~n, all labor, services, and material relating to the termination of the fiber optic cabling with "ST" style connectors into patch panels at each of the COUNTY sites The exact pmnt of demarcation or placement of the patch panel at each of the COUNTY sites shall be mutually determined by the CITY and COUNTY at a later time, which deteimmatmn shall be evidenced by a letter mgned by authorized i epresentat~ve of the CITY and COUNTY G COUNTY shall furnish, at COUNTY '~ own cost and expense, unless otherwise provided herein, all labor, services, and material necessary for the installation and connection of COUNTY's electromcs equipment (not to include "ST" connectors) to the patch panel at the point o~ demarcation at each of the COUNTY s~tes H COUNTY shall promptly provide the CITY with any additional instructions, by means of drawings or by other written document, as the CITY may require in order to be able to proceed with the work as provided for in this Agreement All such drawings and written documents shall be consistent with, and reasonably ~nferable from this Agreement I Denton Municipal Electric Fiber Division will provide maintenance and repair service between the hours of 8 00 a m and 5 00 p m Monday through Friday Response time is nmmally 30-minutes COUNTY declared emergencies w~ll be answered as leqmred Maintenance and repair service applies to leased fibers only ARTICLE 1II I'ERM OF AGREEMENT This Agreement shall be effective as of the _day of ,2000 and shall continue ~n force and elfect for a primary tel~m of five (5) years In the event that Section 791 001 (f), or any other provision of Chapter 791 of the Texas Government Code requires an annual or other period of renewal of this Agreement, then the parties shall be deemed to have elected to lenew this Agreement annually on the anniversary of the effective date of this Agreement unless the parties each elect to terminate th~s Agreement, as permitted under the prowslons of Article IV hereunder ARTICLE 1V TERMINATION OF AGREEMENT A The parties agree that neither party may terminate this Agreement within the first two (2) years from its elfect~ve date B After two (2) years after the effective date of this Agreement, COUNTY may, at its option, terminate this Agreement alter providing the CITY mnety (90) days advance written notice and paying the termination fee set forth in this subparagraph rhe termination fee for Option 1 shall be $ 78,769 65 in the third year of the Agreement The termination fee for Option I shall be $ 64,143 00 in the fourth year of the Agreement The termination fee for Option I shall be $ 0 m the fifth year of this Agleement The Termination Fee for Option fi shall be $ 69,247 65 m the thnd year of the Agreement The termination fee for Option II shall be $ 57,115 22 in the fourth year of the Agreement The termination fee for Option II shall be $ 0 in the fifth year of the Agreement C After two (2) years tlom the effective date of this Agreement, CITY may, at its option, terminate this Agreement after providing the COUNTY with one hundred twenty (120) days advance written notice D Either party hereto may terminate this Agreement for cause by reason of the other party's materml breach or default ~n the performance of this Agreement The party seeking to ten'innate this Agreement under this provision shall provide the 4 defaulting party written notice, specifically identifying the breach or default complained of, which notice shall provide the defaulting party a period of not less than thxrty (30) days from the date of receipt of such notme tn which to cure such breach or default In the event such breach or default is not fully cured within the time period specified, then the pmty seeking to terminate this Agreement shall provide the defaulting party with further written notice expressly specifying that this Agreement will be terminated it the breach or default is not wholly cured within ten (10) days altel the receipt of the further written notice by the alleged defaulting party In the event that the defaulting party fails to cure the breach or default complained o~, within the time specified, then this Agreement shall be terminated, and tbe party terminating this Agreement may seek appropriate legal relief E At the time of expnation or termination of this Agreement, the fiber optic WAN between the CITY and COUNTY shall immediately cease, and the CITY shall thereafter remove all fiber optic connecnons at the COUNTY sites in a careful, prudent manner ARTICLE V CONSIDERATION TO BE PAID BY COUNTY TO THE CITY OF DENTON A COUNTY shall pay to the ClfY, begnmlng on the effective date of this Agreement a montbly payment of $ 3,913 50 for Collapsed Backbone, or $3,534 00 for Distributed Backbone (contingent upon which of the two options set forth in Article II heremabove, are selected by the COUNTY) and shall continue to pay such monthly payment amount to the CITY on the same date of each succesmve month thereafter, tor the primary term of this Agreement, so long as th~s Agreement is in force and effect Phis monthly payment is primarily based upon the cost for the basle libel optic cable pair to each site, together with the addltmnal pair from the COUNTY, all as depicted and set forth in Exhibit "A" attached hereto and incorporated herewith by reference B The CITY and COUNTY contemplate that the WAN network provided for in this Agreement will be expanded in the foreseeable future as the number of COUNTY factht~es increase Accordingly, the CITY and COUNTY desire to provide for such eventuality and agree that any new COUNTY facility may be added to the WAN network for a teim which does not exceed the lmtlal two (2) year term of this Agreement, at a late of $ 495 00 per month, per new facility The parties further agree that any such new COUNTY facility shall obtmn its electric power and service from Denton Municipal Electric as long as the COUNTY facility ~s located within the service area of Denton Municipal Electric Additionally, in the event that any such new COUNTY facility to be connected to the WAN is beyond s~x thousand (6,000) teet from the COUNTY core facility ("core facthty") located at 1450 East McK~nney Street, then the monthly rate for such new COUNTY facility shall be increased by an amount equaling $ 07 per linear foot per month for each foot which the new cOUNTY facility exceeds the distance of SlX thousand (6,000) feet from the core facility ARTICLE VI OP I'ION TO RENEW AGREEMENT A The CITY hereby grm~ts to COUNTY an optton to renew this Agreement for five (5) ad&tlonal, successive one (1) year renewal terms, following exp~ratmn of the primary five (5) year term, upon the same terms and conditions as this Agreement, except as to the amount of consideration to be prod by COUNTY to the CITY The amom~t ot cons~de~auon to be prod by COUNTY to the CITY for each such successive one (1) yem lenewal term shall be determined by applying an annroonate ~ecogmzed Consumer Prme Index respecting the ~-~ ~ . .............. ~,~ monthl,, navment consideration payable telecommumcauolvuunty lno. u~uy to u,,~ a r v to the CITY over this Agreement's ~mtml five (5) year term B COUNTY, m order to exercise the option to renew the agreement contained in this Article, must not be ~n detault of any material term of this Agreement, and must, before the expiration ol the primary five (5) year term of th~s Agreement, prowde the CITY w~th not less than one hundred twenty (120) days advance written not~ce of ~ts intent to exercise the first one (1) year option to renew, and thereafter, before expiration of the each successive one (1) year renewal term of this Agreement, provide the CITY w~th not less than one hundred twenty (120) days advance written not~ce of its ~ntent to exercise each one (1) year extension following the primary term of th~s Agreement, and the COUNTY shall enter into an appropriate written agleement w~th the CITY effectlng renewal of this Agreement ARTICLE VII COMPLETION OF CONNECTION TO WAN/SUPERVISION The CITY may utdlze such persons as may be necessary to act as ~nspectors or agents for the purpose of superwsmg, m the ~nte~est of the C1TY, the materials funushed and the work done by COUNTY as construction ol the project proceeds ARTICLE VIII ACCEPTANCE OF THE CONNECTIONS/WAN BY COUNTY The CITY agrees to submit to COUNTY sufficient test data respecting all aspects of the cormectmn (WAN and ad&ttonal hnes) m ordm to estabhsh satisfactory performance prior to utilization ot the cmmectlons and acceptance by COUNTY Once any such requested testing is complete and the COUNTY reasonably approves the test results, COUNTY's acceptance ot the WAN is complete Acceptable test results will be defined as follows An Optical T~me Domain Reflector ("O~I DR") shot must be provided for each ~n&vidual fiber strand (end-to-end) and the results must be a level of performance that adheres to generally accepted industry spemficat~ons ARTICLE IX USE OF PROPRIETARY INFORMATION All data exchanged between CI FY and COUNTY in connection with this Agreement or in utihzatton of the WAN, which is identified as proprietary information, shall be safeguarded by CITY and COUNTY to the same extent as the CITY or COUNTY safeguards hke mformatmn relanng to the CITY's or COUNTY's own business If, however, such data ~s publicly available under the Public Information Act (Chapter 552 of the Texas Government Code) or other applicable laws, ~s already in either party's possession or known to either party, oi was rightfully obtained by either party from third part~es, neither CITY or COUNTY shall bear any responsibility for its d~sclosure of such information, inadvertent or otherwise CITY acknowledges that ceitaIn data is pecuhar to COUNTY and which contmns personally identifiable mfmmatIon CITY agrees that in the event that such data comes into CITY's possession that CITY shall not disclose to any individual or entity any personally ~dentffiable intormatlon of COUNTY, unless the CITY is reqmred to d~sclose th~s information as a result ot an Ordel issued by a Court of competent jurisdiction ARTICLE X OWNERSHIP AND CONTROL OF PROPERTY A The CITY shall own and mmntmn all fiber optm cables that terminate at the points of demarcation at each COUNTY site B COUNTY shall own and maintain all electromc equipment located at each cOUNTY site C COUNTY shall have the right to utthze the leased fiber optic cables comprising the WAN, so long as this Agreement IS m force and effect COUNTY agrees that it will not sell, lease, alienate, oi otherwise assign bandwidth to any other party ARTICLE XI RESPONSIBILITY FOR MAINTENANCE The COUNTY shall be solely responsible to determine the locatmn of any problem w~thm the COUNTY electiomcs network and to remedy such problem at COUNTY's sole cost and expense In the event that a problem arises solely within the fiber optic cable (any additional lines emanating Imm the core) or connections at any patch panels, COUNTY shall promptly noniy the CITY and the CITY shall resolve the problem in a timely and cost-efficient manne~ at the CITY's sole cost and expense ARTICLE XlI CITY MAINTANANCE OF FIBER OPTIC CABLE In the event that the CITY determines that it is reasonably necessary to perform maintenance on the fiber optic cable Ol within the CITY's network, then the CITY shall notify COUNTY at least twenty-fora (24) hours ~n advance, if reasonably possible, of any periods of time the CITY detenmnes ts necessary for CITY's network to be down ARTICLE XIII DISASTER RECOVERY In the event of a disconnection ot the WAN due to a natural disaster, such as a tornado, flood, or other catastrophic event, the CITY will te-estabhsh connections to COUNTY at the earhest reasonable oppoltumty, tal~mg into account that the safety and welfare of the citizens of Denton shall be the CITY's utmost prlomy ~n determination of restoration of service AR ¥ICLE X1V 11OLD HARMLESS To the extent allowed by the Constitution und statutes of the State of Texas, and without waiving any lmmumty or hm~tatlon as to hab~hty, COUNTY agrees to and shall indemnify and hold halmless the C1 FY, its oIfic~als, officers, agents, employees, or attorneys from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind including all expenses of litigation, court costs, and attorney's fees, for ~nlury oi death of any person, or for damages to any property, real, personal, or intellectual, raising out of or ~n connection w~th the use, but not the installation or maintenance, ol the fibe~ optic network the subject of this Agreement, where the injury or death or dmnage ~s caused by the negligence of COUNTY, its officials, officers, agents, employees ol attolneys, except that the COUNTY assumes no liability for the sole negligent acts of C1TY, ~ts officials, officers, agents, employees, or attorneys To the extent allowed by the Constitution and statutes of the State of Texas, and without waiving any Immunity or limitation to liability the CITY agrees to and shall indemnify and hold harmless COUNTY, its officials, officers, agents, employees, or attorneys from and against any and all clanns, losses, damages causes of action, suits, and liabilities of every k~nd, including all expenses of lmgatlon, court costs, and attorney's tees, for injury or death of any person, ol for damages to any property, real, personal, or Intellectual, arising out of or ~n connection with the installation or maintenance, but not the use, of the fiber optic network the sublect ot the Agteement, where the lnlury or death or damage is caused by the negligence of CI FY, its officials, officers agents, employees, or attorneys AR FICLE XV ARBITRATION AND AL'I ERNATE DISPUTE RESOLUTION The parties hereto may agree to settle any disputes under this Agreement by submitting their dispute to arbitration ol othel means ol alternate dispute resolution such as mediation No arbitration or other alternate dispute resolution arising out of or relating to, this Agreement involving one party's d~sagreement may include the other party to the disagreement without the other's approval 8 AR I'ICLE XVI ASSIGNABILITY COUNTY shall not assign any interest m this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent ol the CITY~ which consent shall not be unreasonably withheld CITY shall not assign any ~nterest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of COUNTY, whmh consem shall not be unreasonably withheld ARTICLE XVII NOTICE Any notice given by one party to the othei in connection with this Agreement shall be in writing and shall be by personal delivery, sent by registered mall or certified mall, or by U S Mall, return receipt requested, postage prepaid, or by facslmde transmission actually received, to CITY Michael W lez~ City Manager City of Denton, fexas 215 East McKlnney Denton, Texas 76201 Fax (940) 349-8596 COUNTY Office of the County Judge 110 West Hickory Demon, Texas 76201 Fax (940) 382-1363 Notice shall be deemed to have been received on the date of receipt as shown on the return receipt or other written evidence ot receipt ARTICLE XVIII MODIFICATION No waiver or modification ot this Agreement oi of any covenant, condition, limitation herein contained shall be valid unless m writing and duly executed by the party to be charged therewith No evidence oi any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of this Article will not be wmved unless as herein set forth ARTICLE XIX SAVINGS In the event that any one or more oi the provisions hereof concerning the subject matter of this Agreement should be held by a court or administrative agency of competent jurisdiction to be illegal, ~nvahd or unentorceable ~n any respect, the parties agree to make a good faith effort to renegotiate another agleed provision to fulfill the purpose and intent of the present Agreement AR FICLE XX GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by, and in accordance with the laws of the State of Texas, and all obhgatlons of the parties hereto, created by this Agreement are performable in Denton County I exas Venue of any suit or cause of action under this Agreement shall lie exclusively ~n Denton County, Texas AR FICLE XXI ENTIRE AGREEMENT This Agreement and the exhibits attached thereto, constitutes the entire agreement among the parties hereto with respect to the sublect matter hereof, and supersedes any prior understandings or written ol oral agreements between the parties with respect to the subject matter of this Agreement No mnendment, modification, cancellation or alteration of the terms of this Agreement sball be b~ndlng on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto AR I'ICLE XXII WAIVER OF TERMS AND CONDITIONS The failure of either party to eniolce or ~nslst upon comphance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms ol conditions, but the same shall be and remain at all times in full force and effect ARTICLE XXIII AUTHORITY OF PARTIES This Agreement xs made by and entered into by the duly-authorized officials of each respective governmental entity ARTICLE XXIV CAPTIONS The captions contmned in this Agreement arc lor ~nformat~onal purposes only and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS WHEREOF, the City of Denton Texas has caused this Agreement to be executed in two (2) original counterparts by ~ts duly-authorized and empowered Mayor, and Denton County, Texas has caused th~s Agreement to be executed by its duly- authorized and empoweled County Judge on tins the _~ day of , 2000, to be effective as of the __ day of 2000 I 0 CITY OF DENTON, TEXAS EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY AP~JOVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By Asmstant ~ty ~ttornSy ATTEST COUNTY CLERK, DENTON COUNTY, TEXAS By APPROVED AS TO LEGAL FORM BRUCE IS~CKS, DISTRICT ATTORNEY B EXHIBIT EXHIBIT "A" TO INTERLOCAL COOPERATION AGREEMENT CITY OF DENTON / DENTON COUNTY, TEXAS The bas~s of the monthly payment obhgat~on prowded for m Article V A of the Interlocal Cooperation Agreement is as follows Fiber Rates Monthly Collapsed Hub, Five year term Mdeage Number Minimum one mile per run per fiber pair Distances are to the nearest l0 mile Fiber pair along established Utility R~ht of Ways Discount Per Mile redes Extension Reta~I Rate 0% $230 00 $0 00 Fully D~scounted Rate (more than 100 redes) 35% $149 50 $0 00 D~scounted Rate (more than 75 mdes) 25% $172 50 $0 00 Discounted Rate (more than 50 miles) 15% $195 50 $0 00 Pubhc Schools Rate 35% $149 50 $0 00 Government Enbtles 25% $172 50 8 3 $2,863 50 Number Building Presence Charge (Charged on a per Bulldln~l Bas~s) Buildings Retml Rate 0% $200 00 $0 00 Fully D~scounted Rate (more than 100 miles) 35% $130 00 $0 00 Discounted Rate (more than 75 mdes) 25% $150 00 $0 00 D~scounted Rate (more than 50 m~les) 15% $170 00 $0 O0 Pubhc Schools Rate 35% $130 00 $0 00 Government Enbt~es 25% $150 00 7 $1,050 00 Total Monthly Rate $3,913 50 Fiber New Or~l~natln~l Buddtn~l Term~nat~n~l Budd~n~l Mdes Budd~n~l County Courts Building Denton Government Center 2 2 2 Denton Government Center DPS Office 1 1 County Courts Building County Annex Budding 1 1 Denton Tax Office County Annex Budding 1 1 County Courts Building Courthouse-on-Square 1 4 1 County Courts Budding Joseph A Carroll Building 1 7 1 Totals 8 3 7 EXHIBIT "A/' . Fiber Rates Monthly Distributed Backbone, F;ve year term Mdeage Number Minimum one rode per run per fiber pair Distances are to the nearest t0 mile Fiber pair alon~ estabhshed Ubhty R~ht of Ways Discount Per Mile miles Extension Retail Rate 0% $230 00 $0 00 Fully D~scounted Rate (more than 100 m~lee) 35% $149 50 $0 00 D~scounted Rate (mare than 75 miles) 25% $172 50 $0 00 D~scounted Rate (more than 50 reties) 15% $195 50 $0 00 Public Schools Rate 35% $149 50 $0 00 Government Enbtms 25% $172 50 7 2 $2,484 00 Number Bu~ld~n~l Presenqe Char~le (Char~led on a per Bulldm~l Bas~s) Buildings Retail Rate 0% $200 O0 $00u Fully D~scounted Rate (more than 100 mdes) 35% $130 00 $0 00 Discounted Rate (more than 75 miles) 25% $150 00 $0 00 Discounted Rate (more than 50 mdes) 15% $170 00 $0 00 Public Schools Rate 35% $130 00 $0 00 Government Ent~bes 25% $150 00 7 $1,050 00 Total Monthly Rate $3,534 00 F~ber New Originating Budding Term~natm~l Budd~n~l Mdes Buddm~ls County Courts Building Denton Government Center 2 2 2 Denton Government Center DPS Office 1 1 County Courts Building County Annex Building 1 1 Denton Tax Office County Annex Building 1 1 Denton Tax Office Courthouse-on-Square 1 1 Courthouse on-Square Joseph A Carroll Building 1 1 Totals 7 2 7