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