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09.25.2007 Town Council PacketISPER OWN OF 1. Call to Order / Roll Call. 2. Invocation and Pledge of Allegiance. AGENDA Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, September 25, 2007 at 6:00 p.m. 3. Announcements of dates and times of upcoming community events CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • September 11, 2007 — Regular Town Council Meeting • September 11, 2007 — Special Town Council Meeting • September 18, 2007 — Special Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. An update on the Town's sports fields and/or the construction of future sports fields. (WIC C. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) d. Consider and act upon 1) an inter -local agreement between the Town of Prosper and the City of Frisco regarding the provision of Geographic Information Systems (GIS) Services to the Town and 2) a resolution authorizing the Town Manager to execute the same. (HW) e. Consider and act upon and ordinance denying the request of ATMOS Energy Corp., Mid -Tex Division, for an annual gas reliability infrastructure program (GRIP) rate increase as part of the company's statewide gas utility distribution system. (AM) f. Consider and act upon 1) approval of the Town of Prosper Parks, Recreation, and Open Space Master Plan and 2) adopt a resolution authorizing the Mayor to execute the same. (WH) FINANCIALS g. Consider and act upon the financial statements ending July 31, 2007. (RB) Page I of 3 CITIZEN'S COMMENTS (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.) 5. Other Comments by the Public. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related items will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS 6. A public hearing to consider and act upon a request to rezone 0.7�= acre (104 East Broadway), located on the south side of Broadway Street, 200E feet east of Coleman Street, from Single Family-15 (SF-15) to Downtown Office (DTO). (Z07-12). (CC) 7. A public hearing to consider and act upon a request to rezone 83.6t acres located on the northeast corner of U.S. 380 and Coit Road from Planned Development-25-Commercial/Mixed Use (PD-25) to Planned Development -Retail (PD-R). (Z07-14). (CC) DEPARTMENT ITEMS 8. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit Section 551.074: Discuss the appointment of individuals to the Parks and Recreation Board, Planning & Zoning Commission, and Economic Development Corporation. (MD) 9. Reconvene into regular session and take any action necessary as a result of the closed session 10. Discuss and appoint individuals to the Parks and Recreation Board, Planning & Zoning Commission, Board of Adjustments, and Economic Development Corporation. 11. Consider and act upon Change Order number 1 to include $23,943.60 dollars of paving improvements to Rheas Mills and approve a resolution authorizing the Town Manager to execute the same. (FJ) 12. Discuss and give direction regarding the Preston 48 Addition development located in the southwest quadrant of Prosper Trail and Highway 289. (HIV) 13. Discuss and give direction regarding progress with the West Prosper Development Group Legacy Drive and Sanitary Sewer line construction. (ML) 14. Consider and act upon 1) an agreement with Sharco Technologies, Inc. regarding the installation of a Town wide communication system, 2) and agreement with AT&T to install T1 lines required for the new system, and 3) a resolution of the Town Council authorizing the Town Manager to execute agreement for the same. (RB) EXECUTIVE SESSION 15. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: a. Section 551.087 to deliberate on, economic development negotiations regarding the Gates of Prosper project. Page 2 of 3 h. Section 551.071 — Consultation with the Town's Attorney regarding a matter (s) in which the duty of the Town Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding the McCutcheon v. Town of Prosper lawsuit. 16. Reconvene into Regular Session and take any action necessary as a result of the Closed Session. 17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 18. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, August 24, 2007 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. atthew D. Denton, TRMC Town Secretary Date Noticed Removed In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-2111. BRAILLE IS NOT AVAILABLE. Page 3 of 3 MINUTES Special Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, September 11, 2007 at 6:00 p.m. 1. Call to Order 1 Roll Call. The meeting was called to order at 6:11 p.m. Roll call was taken by the Town Secretary. Council present included: Mayor Charles Niswanger, Mayor Pro-Tem Turley, Kenneth Dugger, Mike Wadsworth, and Ray Smith. Staff present included: Mike Land, Town Manager; Hulon W Senior Planner; Wade Harden, Senior Planner; Dan Tollesol Corporation; Ronnie Tucker, Fire_Cheif; and Matthew Dentgr,. 2. Town Council interview with candidates for the open board's i Council allowed each candidate to introduce them,-, es and give a brief 3. Adjourn The meeting was adjourned at 7:09 p.m. Attest: Matthew D. Denton, TRMC Tow: Mayor Pro-Tem Dave of Developmefti t., ices; Chris Copple, 'Director of the 1~Imic Development hmission positions. �Oion of their qualifications. Charles Niswanger, Mayor Page 1 of 1 �1 4. ;YSPER� 1. Call to Order / Roll Call. The meeting was called to order at 7:06 p.m. Roll call was taken by the Town Secretary. MINUTES Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, September 11, 2007 at 7:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro-' Dave Turley, Kenneth Dugger, Mike Wadsworth, and Ray Smith. Staff present included: Mike Land, Town Manager; Hulon Copple, Senior Planner; Wade Harden, Senior Planner; Da Development Corporation; Ronnie Tucker, Fire Cheif; and,; 2. Invocation and Pledge of Allegiance. The invocation was given by Pastor Randy Mayor Niswanger led the Pledge of Alligiance. 3. Announcements of dates and times of Mayor Niswanger announced 2.00 p.m. 4. Consent Deputy Mayor Pro-Tem ctor of Devent Services; Chris Executive Dineft r.;.. of the Economic i. Town on Friday, September 14, 2007 at and act" minutes:`-Mm the following Council meetings. (MD) A 28, 200 ::::: egulair,,-Town Council Meeting mber 4,206, Special Town Council Meeting b. An update ol'I hits Town's sports fields and/or the construction of future sports fields. (WH) c. Consider and " act upon an ordinance amending the Old Town Core District of the Town's Future Land Use Plan. (CA07-2). (CC) d. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) e. Consider and act upon 1) an Agreement for Encroachment on Easement within the limits of the 20" First Street Water Line Project (Craig — Coit), by and between Oncor Electric Delivery Page 1 of 3 Company and the Town of Prosper and 2) a resolution authorizing the Town Manager to execute the same. (HW) Motioned by Councilmember Smith, seconded by Councilmember Dugger to approve the consent agenda Motion approved 6-0. CITIZEN'S COMMENTS 5. Other Comments by the Public. There were no comments by the public. REGULAR AGENDA PUBLIC HEARINGS 6. A public hearing to consider and act upon a regi corner of U.S. 380 and Coit Road from Planned to Planned Development -Retail (PD-R). (Z07-14) Chris Copple, Senior Planner, presented a letter to council September 25, 2007 Town Council Meeting. Motioned by Councilmember Wadsworth, secoA"..) ,,,Councilmember Motion approved 6-0. Mayor Niswanger opened the public hearing at 7:16 George Dupont spoke Motioned by Councilm�ji,.;W hearing until the Septemmbei':; Chairman of the Planning and' item go back to �, �,. l ning and Motion apprp�:> DEPA ' NT ITEMS 's 7. �/C7��yo�i��r and act upon (ML) :A ft.tif yr Council discussed th 6;; fields, and the distance as 83.6t acres 'b*-Wed on the northeast -25-Commercia1eed Use (PD-25) ing the item & tabled until the open the public hearing. -onded by ftuty Mayor Pro -Tenn Turley to 1) continue the public Council meetAnd 2) have staff discuss with the applicant and ion to dete,ine if changes to the proposed PD will require the regulating smoking in public places in the Town of Prosper. in the proposed ordinance including smoking in hotels, smoking at athletic in front of businesses. Motioned by Mayor Pro-,T,6m Bristol, seconded by Councilmember Smith to approve the ordinance with the following changes: Section 4 A. 4. Add the verbiage "including parks and athletic fields"; Section 4 A. 8 change 25 feet to 10 feet; and delete Section 4 D. 6. Motion approved 4-2 with Mayor Niswanger and Councilmember Wadsworth voting no. S. Consider and act upon awarding bid contract for Brush Truck. (RT) Ronnie Tucker, Fire Chief, gave council background information on this item. Page 2 of 3 Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approve the contract. Motion approved 6-0. 9. Discuss and give direction regarding the Preston 48 Addition development located in the southwest quadrant of Prosper Trail and Hwy 289. (HW) Hulon Webb, Director of Development Services, gave council an update on this item. Council directed staff to continue working with the developer and place the item on the September 25, 2007 Town Council agenda for updates. EXECUTIVE SESSION 10. Recess into dosed session in compliance with Section 551.OQ airt. -Texas Government Code, to wit: a. Section 551.074, to discuss the appointment of ii Planning & Zoning Commission, Board A Corporation. b. Section 551.072. To deliberate the purch'Ase, 6. at Lot 1, Block A, and Lot 1, Block B, of the Rhe. c. Section 551.072 to discuss and give direction on property. Motioned by Deputy Mayor Pro-Tem Turley, sec..., Cour. z:.....:..::::. Motion approved 6-0. Council recessed into closed session, at 8.09 p.m. 11. Reconvene into rgjow Motioned by CouncilriemT` session. Motion approved 6-Y Council recctov. `d o':' 12. ip Obly direct Tovvriy 13. Adj4* Motioned by Coiriftnember Motion approved The meeting was adjournei" Matthew D. Denton, TRMC Town Secretary 110dii to the Parks': [V-d Recreation Board, Adjustment, and EcOsir�#Ic Development Inge, lea Qr value of real r6perty located he=ihase, exchange, lease or value of real ber lrecess into closed session. take any aO-jon necessary as a result of the closed session. by Deput ,,Mayor Pro-Tem Turley to reconvene into regular 9:10 p.m to sc% ;t6pic(s) for discussion at a future meeting. second by Councilmember Dugger to adjourn. :14 p.m. Charles Niswanger, Mayor Page 3 of 3 ti Y o W PL" R, 1. Call to Order 1 Roll Call. The meeting was called to order at 6:07 p.m. Roll call was taken by the Town Secretary. MINUTES Special Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, September 18, 2007 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Dave Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, Staff present included: Mike Land, Town Manager; Hi Copple, Senior Planner; Wade Harden, Senior Planned Development Corporation; Ron Butler, Business Manager; REGULAR AGENDA PUBLIC HEARINGS 2. A public hearing to consider and act on Master Plan. (WH) Wade Harden, Senior Motioned by Deputy Motion approved 7-0. Mayor Ni Doug MOO, LandPlan 5 Scott Norris dressed the Motioned by Couri�ber Motion approved 7-0:'?%;:;:,. Mayor Niswanger closed Tern fley, seconded ebb, Director of Town Mayor Pro-Tem ces; Chris Economic Recreation, and Open Space item. Dugger to open the public hearing. council regarding several concerns he has with the proposed regarding concerns with the proposed plan. seconded by Councilmember Dugger to close the public hearing. hearing at 6:26 p.m. Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to approve the Town of Prosper Parks, Recreation and Open Space Master Plan as drafted with the following 3 changes to be made: 1) Section 1.2-the last sentence of the 1st paragraph should be deleted and replaced with "Properties which have been zoned prior to the adoption of this Plan will not be subject to the requirements of the Plan". 2) Section 5.1, 2nd paragraph -the phrase "extensive and scientifically accurate" should be removed from the 2nd sentence of this paragraph. 3) Chapter 8-Specific Policy Actions on page 8-11-the 1st sentence of Action #1 should be deleted and Page 1 of 2 replaced with "Establish a Town Ordinance that requires a minimum of 75% single loaded roads along future parks, floodpiain and major creeks (as defined in the Subdivision Ordinance). Motion approved 7-0. DEPARTMENT ITEMS 3. Consider and act upon an ordinance adopting the FY 2007-2008 Town budget. (ML) Motioned by Mayor Pro-Tem Bristol, seconded by Deputy Mayor Pro-Tem T]y; to approve the ordinance adopting the Town's FY 2007-2008 budget. Motion approved 7-0. 4. Consider and act upon an ordinance adopting the Town's 2008 proper x rate. (ML) Mayor Pro-Tem Bristol moved that property taxes be increased b ' t lgption of a twC.": of $0.520000. The motion was seconded b Councilmember Drown. ><::: I , Y #; Motion approved 7-0. EXECUTIVE SESSION 5. Recess into closed session in compliance with Section 55T.::;et. Seq. Texas Government Code, to wit: >->,;:•.,• a. Section 551.087 to deliberate on i Prosper project. b. Section 551.087 to deliberate on project. Motioned by Councilmegil"J. Smith, se lied by Motion approved 7-0. ''sr . The council recessed into closed`eir`a(: The counso 6. '' OR Motioned by Motion apprc The meeting was adjobf* at $ 1:i p.m. Attest: Matthew D. Denton, TRMC Town Secretary at 8:17 p.m. regarding the Gates of regarding the Alberta Pro-Tem Turley to recess into closed session. by Mayor Niswanger to adjourn. Charles Niswanger, Mayor Page 2 of 2 PR-.., SPER To: From: Cc: Re: Date: Agenda Item: PARKS AND RECREATION Mayor and Town Council Wade Harden, Senior Planner Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Town Council Meeting — September 25, 2007 September 21, 2007 An update on the Town's sports fields and/or the construction of future sports fields. Description of Agenda Item: At the June 12, 2007 meeting, a request was made by Councilmember Wadsworth to have an update on the Town's sports fields and/or the construction of future sports fields on future agendas. Currently, the Parks and Recreation Board (PARBd) and Town staff are considering the following options at Folsom Park and on the 57 acre community park site. Folsom Park located next to Folsom Elementary in the La Cima subdivision): The PARBd discussed future improvements to Folsom Park at their August 23, 2007 meeting. The development of Folsom Park would provide up to eight (8) youth soccer/multi-purpose permanent fields. Town staff has initiated contact with Brian Griffitt, Prosper Sports Association (PSA) President, Lloyd Mills, Prosper Area Soccer Organization (PASO) President, and Brenda Keener, Folsom Elementary School Principal to receive input concerning the fields and potential relocation of the existing playground equipment. Fred Montes, AIA of PBK presented a concept plan to the PARBd for review. This plan (see attached will be revised accordingly in consideration of input from Prosper ISD, PSA, and PASO. Town staff has requested a formal proposal for design services from PBK to present to PARBd and Town Council. The two grant applications, one to Collin County ($390,000) and one to Texas Park & Wildlife ($390,000) both matching grants, are still pending. Staff and Park Board Member Loren Moulder have met with the two sports organizations and received input concerning their respective needs. Staff is in negotiation with PBK to provide a proposal for the design construction documents, and topographic survey. 2. 57 acre community park site (adjacent to the future Prosper ISD athletic stadium, south side of Frontier_ Parkway, west of the BNSF Railroad): At the August 23, 2007 PARBd meeting Fred Montes, AIA of PBK presented conceptual master plans for the 57 acre community park site (see attached. The Parks Board directed Town staff to meet with Prosper ISD, Prosper Sports Association (PSA), and Agenda Item No. 4b - Page 1 of 2 Prosper Area Soccer Organization (PASO) to discuss the proposed design. Staff initiated contact with PSA and PASO, and should be meeting with Prosper ISD in the near future. Town staff has requested a formal proposal for design services from PBK to present to PARBd and Town Council. Staff has scheduled a meeting with Prosper ISD to discuss the various options concerning the design of the park. This meeting will take place September 25th Dependent upon the outcome staff may direct PBK to submit a proposal for design. At this point in time it is unlikely these fields will be ready for play in the Fall of 08'. Attached Documents: No attachments. Town Staff Recommendation: No action needs to be taken on this item. -WKIT rEEL i ! ftg�y� i W MELD M4 23 .x . i . V4Ci t7 Ffi as W/IRPN Iw r• -it +� Pt.AwftwiED " RSLO F_ PARKI .� �2.0 �g.4C£iG -� 'x i 44' joa TRA I L } " com*eTt Folsom Park Couccpt Plan (Note this one of a few concept plans that has been used for general discussion purposes and will change as input/ direction is given by the stakeholders involved in the process.) As per input received from the two sports organizations the design will try to incorporate one additional large field with the removal of smaller fields. Agenda Item No. 4b - Page 2 of 2 PLANNING �.�jPER To: Mayor and Town Council From: Chris Copple, Senior Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — September 25, 2007 Date: September 21, 2007 Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. Description of Agenda Item: Attached are the site plans and preliminary site plans acted on by the Planning & Zoning Commission at their September 18, 2007 meeting, Per the Town's Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any site plan or preliminary site plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Site plan for Eagles Crossing, Block A, Lot 1, approved 5-0 by the Planning & Zoning Commission. 2. Preliminary site plan for Prosper Plaza, approved 5-0 by the Planning & Zoning Commission. 3. Preliminary site plan for Estates/Mansions of Prosper, approved 5-0 by the Planning & Zoning Commission. Town Staff Recommendation: Town staff recommends that the Town Council take no action based on the approval of the preliminary site plan by the Planning & Zoning Commission. Agenda Item No. 4c - Page 1 of 1 i� 0, W N 0,f -P E To: Mayor and Town Council DEVELOPMENT SERVICES DEPARTMENT From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Cc: Mike Land, Town Manager Re: Town Council Meeting — September 25, 2007 Date: September 20, 2007 Agenda Item: Consider and act upon 1) an inter -local agreement between the Town of Prosper and the City of Frisco regarding the provision of Geographic Information Systems (GIS) Services to the Town and 2) a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: For the first two years (2003-2005), the Prosper Economic Development Corporation (PEDC) has contracted with the City of Frisco for the provision of GIS Services to the Town. In 2005, the funding for the agreement was shifted from the PEDC to the Planning Department. The current inter -local agreement with Frisco expires at the end of September; therefore, staff has contracted for an extension to that agreement. Budget Impact: Approval of this agreement obligates the Town to pay Frisco $38,000 in four equal quarterly payments for the provision of GIS services. The 2007-2008 Planning Budget includes $38,000 for GIS services. Legal Obligations and Review: The Town Attorney is also Frisco's City Attorney. This agreement has been reviewed by the Town Attorney. The Frisco City Council approved the agreement at their September 19, 2006, Council meeting. Attached Documents: The following documentation is being provided for review: • Inter -local Agreement for GIS Services • Resolution authorizing the Town Manager to execute the agreement Board Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve 1) an inter -local agreement between the Town of Prosper and the City of Frisco regarding the provision of Geographic Information Systems (GIS) Services to the Town and 2) a resolution authorizing the Town Manager to execute the same. Agenda Item No. 4d - Page 1 of 1 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN INTER - LOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS AND THE CITY OF FRISCO, TEXAS REGARDING THE PROVISION OF GEOGRAPHIC INFORMATION SYSTEMS SERVICES FOR THE TOWN. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an inter -Local Agreement between the Town of Prosper, Texas, and The City of Frisco, Texas regarding the provision of Geographic Information Systems Services for the Town in the amount of $3 8,000.00. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 25"' day of September, 2007. Charles Niswanger, Mayor ATTEST TO: Matthew Denton, TRMC Town Secretary INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF FRISCO, TEXAS AND THE TOWN OF PROSPER, TEXAS (Geographic Information Systems Services) THIS AGREEMENT (the "Agreement"), made and entered into this day of September, 2007, by and between the CITY OF FRISCO, TEXAS ("Frisco'), a municipal corporation, and the TOWN OF PROSPER ("Prosper"), a municipal corporation. WHEREAS, Frisco has investigated and determined that it would be advantageous and beneficial to Frisco and its citizens to provide Geographic Information System ("GIS") services to Prosper; and WHEREAS, Prosper has investigated and determined that it would be beneficial to Prosper and its citizens to employ Frisco for the purpose of providing GIS services for Prosper; and WHEREAS, Prosper has investigated and determined that GIS services will be used to develop and maintain a database and materials that will be beneficial in attracting future economic development to Prosper; and WHEREAS, Prosper has investigated and determined that Frisco has adequate personnel and equipment to provide the necessary GIS services; and WHEREAS, Prosper has investigated and determined that obtaining GIS services from Frisco, as set forth below, will be the most efficient use of funds for GIS services; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code (the "Act"), provides the authority to political subdivisions for contracts by and between each other to facilitate the governmental functions and services of said political subdivisions under the terms of the Act. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Frisco and Prosper agree as follows: 1. Obligations of Prosper. Prosper will provide to Frisco the materials included in the Statement of Work, attached hereto as Exhibit "A" and incorporated herein for all purposes, in accordance with the project schedule included in Exhibit "A". 2. Obligations of Frisco. A. Frisco will provide the GIS services outlined in Exhibit "A" in accordance with the project schedule included in Exhibit "A". INTERLOCAL AGREEMENT BETWEEN THE CITY OF FRISCO, TEXAS AND THE TOWN OF PROSPER GIS Service) Page 1 40177b.v1 B. The electronic data created by Frisco as outlined in Exhibit "A" will be the property of Prosper and Frisco and shall be provided to Prosper periodically upon written request and/or upon termination of this agreement. 3. Compensation. Prosper shall pay to Frisco $38,000.00 as compensation for the GIS services provided to Prosper in accordance with this Agreement. The compensation shall be divided into four (4) quarterly equal payments. 4. Term/Termination. The term of this Agreement shall commence on the date established above and shall continue in effect until September 30, 2008. It is the intent of both parties to extend this agreement through the 2008-2009 fiscal year. At the time of execution of this agreement, the statement of work for Fiscal Year 2008-2009 had not been determined, nor had the compensation for such work been calculated. Prior to the termination of this agreement, the parties shall complete the determination of the Fiscal Year 2008.2009 statement of work and the compensation calculations for such work and negotiate an extension to this agreement to September 30, 2009. Similar extensions shall be negotiated near the termination of each fiscal year until such time as either party desires to terminate the agreement. Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Mail, postage pre -paid, certified mail, return receipt requested, addressed to either party, as the case may be, at the addresses contained below: City: City of Frisco Attn: City Manager 6101 Frisco Square Blvd Frisco, Texas 75034 Town: Town of Prosper Attn: Town Manager P.O. Box 307 Prosper, TX 75078 6. Miscellaneous. A. Assignment. This Agreement is not assignable without the prior written consent of the Parties. B. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. INTERLOCAL AGREEMENT BETWEEN THE CITY OF FRISCO, TEXAS AND THE TOWN OF PROSPER GIS Service) Page 2 401776.vl C. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. D. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. E. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. F. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. G. SavingslSeverability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. H. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. I. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. J. Pursuit of a Governmental Function. Both Frisco and Prosper have determined by their execution of this Agreement that this Agreement and the obligations of the parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation, Chapter 791, Texas Government Code, and the participation by either party in the terms of this Agreement shall not make such party an agent or representative of the other party. K. Sovereign Immunity. The parties agree that neither Frisco nor Prosper has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. INTERLOCAL AGREEMENT BETWEEN THE CITY OF FRISCO, TEXAS AND THE TOWN OF PROSPER GIS Service) Page 3 4o1776.v1 L. Binding Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. No third party shall have any rights herein. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. THE CITY OF FRISCO, TEXAS By: Date: Name: Title: THE TOWN OF PROSPER By: Date: Name: Title: INTERLOCAL AGREEMENT BETWEEN THE CITY OF F'RISCO, TEXAS AND THE TOWN OF PROSPER GIS Service) Page 4 401776.v1 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the TOWN OF PROSPER, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2007. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the CITY OF FRISCO, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. 00IIYA GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , Notary Public in and for the State of Texas My Commission Expires: INTERLOCAL AGREEMENT BETWEEN THE CITY OF FRISCO, TEXAS AND THE TOWN OF PROSPER GIS Service} Page 5 401776.v1 Statement of Work GIS Services for Town of Prosper City of Frisco, GIS FY07-08 Introduction This Statement of Work (SOW) sets forth requirements of Town of Prosper for implementation of work, including the maintenance of GIS Base Layers, maintenance of end user GIS software, Mapping Services. Maintain GIS Base Layers Prosper has requested_ the following data layers be maintained: 1. Parcel 11. Town Limits 2. TaxRoll 12. ETJ 3. Water 4. Sewer 5. Storm 6. Roads 7. Zoning 8. Addresses 9. Annexation 10. Subdivision Maintain End User GIS Software 13. Public facilities 14. Parks 15. Schools 16. Final Plats 17. Sex Offender Locations 18. Sex Offender Free Zones 19. Developer Agreements 20. Trash Days Prosper has requested the maintenance of the ArcReader or online solution. Mapping Services Prosper has requested "on demand" as well as ongoing mapping services. Work To Be Performed Maintain GIS Base Layers Prosper will provide Frisco Final Plats, in both PDF and AutoCAD formats. Frisco will enter these Final Plats into the GIS base layer. Frisco will engage RAMTeCH Corporation for a continuation of the current data conversion contract. Prosper will provide Frisco AsBuilts, in both PDF and AutoCAD formats, along with any GPS data collected, to be converted by RAMTeCH within 2 weeks of receipt by Prosper. To maintain efficiencies, Frisco will be sending these plans to Ramtech in bulk deliveries upon receipt of at least 6 plans or every 3 months whichever occurs first. Prosper will provide Frisco with an average of 3 Zoning changes and/or new ordinances per month for input into the GIS. Prosper will provide Frisco with an average of 2 Annexation changes and/or new ordinances per month for input into the GIS. Prosper will provide Frisco with legal descriptions of all Zoning and Annexation cases for verification prior to Town Council approval. Maintain End User GIS Software Frisco will provide support for the ArcReader application providing regular update of the base GIS data layers along with requested ArcReader map files. Mapping Services Prosper has requested the following maps be made available on an ongoing basis. In addition, Prosper has requested these maps in digital (PDF) format. Quantity Frepuency Zoning Maps 5 Quarterly Street/Subdivision Maps 10 Quarterly Annexation Maps 5 Quarterly Wet Dry Maps 3 2 x per year Fire Map Book (PDF) 0 6-8 x per year Sex Offender Maps 3 1-2 x per year Developer Agreement Maps 3 1-2 x per year Prosper has requested "on demand" mapping services to be provided as needed. The mapping services will not exceed and average of 8 hours per month. �t 0 1'R ADMINISTRATION P s P Ee To: Mayor and Town Council From: Mike Land, Town Manager CC: Re: Town Council Meeting — September 25, 2007 Date: September 21, 2007 Agenda Item: Consider and act upon a Resolution of the Town of Prosper suspending the October 25, 2007, effective date of the Atmos Energy Corp., Mid -Tex Division requested rate change to permit the Town time to study the request and to establish reasonable rates. Description of Acienda Item: The following is information provided by the Atmos Steering Committee: The Railroad Commission issued a Final Order approving new system -wide rates for customers of Atmos Energy's Mid -Tex Division in May. Residential rates were increased by $10 million annually. Also in May, Atmos Mid -Tex filed its application for its fourth GRIP surcharge in four years, seeking to increase the rates of all customers by $12 million annually. Despite both of these recent actions to increase customers' rates, Atmos Mid -Tex has filed an application with cities retaining original jurisdiction over rates and services to increase system -wide rates by another $52 million. The Company's application was filed with the Town on September 20, 2007. Atmos asks the Town to approve an 8.27% increase in residential rates, a 22.72% increases in commercial rates, and a 38.95% increase in industrial and transportation rates. Purpose of the Resolution: The resolution suspends the effective date of the Company's rate increase for the maximum period permitted by law to allow the Town time to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. The law provides that a rate request made by a natural gas utility cannot become effective until 35 days following the filing of the application to change rates. The law permits the Town to suspend the effective date for 90 days. If the Town does not take action to suspend the filing, Agenda item No. 4e - Page 1 of 3 Atmos Mid -Tex may begin charging increased rates after October 25, 2007. According to Atmos, annual rates would increase by approximately $20 for residential customers. The Town has participated in prior Atmos Gas rate matters with a coalition of cities now known as Atmos Cities Steering Committee (ACSC}. ACSC is a permanent standing committee with 99 members who have passed resolutions authorizing ACSC to intervene on behalf of the Town in natural gas matters pending before the Railroad Commission, the Courts or the Legislature. There are currently 141 cities participating with ACSC, including cities that are participating with ACSC on an ad hoc basis. Explanation of "Be It Resolved" Para ra hs: Section 1. The Town is authorized to suspend the effective date for 90 days for any legitimate purpose. Time to study and investigate the application is always a legitimate purpose. Please note that the resolution refers to the suspension period as "the maximum period allowed by Iaw" rather than ending by a specific date. This is because the Company controls the effective date and can extend the deadline for final Town action to increase the time that the Town retains jurisdiction if necessary to reach settlement on the case. If the suspension period is not increased by the Company, the Town must take final action on Atmos' request to raise rates by January 24, 2007. Section 2. Negotiating clout and efficiency are enhanced by the Town cooperating with other ACSC cities in a common review and common purpose. Additionally, rate case expenses are minimized when ACSC hires one set of attorneys and experts who work under the guidance and control of the ACSC Executive Committee. This provision authorizes the ACSC to act on behalf of the Town at the local level in settlement discussions, and in preparation of a rate ordinance and on appeal of the rate ordinance to the Railroad Commission and on appeal to the Courts. Any settlement negotiated by ACSC must be approved by all ACSC member Town councils through new rate ordinances. Section 3. Cities, by statute are entitled to recover their reasonable rate case expenses from the utility. Legal counsel and consultants approved by the ACSC Executive Committee will submit monthly invoices to the City of Arlington that will be forwarded to Atmos for reimbursement. No individual Town incurs liability for payment of rate case expenses by adopting a suspension resolution. Section 4. This section merely recites that the resolution was passed at a meeting that was open to the public and where the consideration of the Resolution was properly noticed. Section 5. This section provides that both Atmos and counsel to ACSC will be notified of the Town's action by sending a copy of the approved and signed resolution to certain designated individuals. Budoet Impact: The resolution has no budget impact. Agenda Item No. 4e - Page 2 of 3 Legiall Obligations and Review: The Atmos Steering Committee recommends approval of the resolution as presented. Attached Documents: A resolution authorizing the Town Mayor on behalf of the Town to suspend the Atmos requested rate change and authorization for the Town to cooperate with the Atmos Steering Committee in the proceedings. Town Staff Recommendation: Town staff recommends that the Town Council approve the suspension of the requested rate change and cooperate with the Atmos Steering Committee in the proceedings. Agenda Item No. 4e - Page 3 of 3 RESOLUTION NO. RESOLUTION OF THE TOWN OF PROSPER SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE AND OTHER CITIES IN THE ATMOS ENERGY CORP., MID- TEX DIVISION SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES' AND TOWNS' RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL WHEREAS, on or about September 20, 2007, Atmos Energy Corp., Mid -Tex Division (Atmos), pursuant to Gas Utility Regulatory Act § 104.102 filed with the Town of Prosper a Statement of Intent to change gas rates in all municipalities exercising original jurisdiction within its Mid -Tex Division service area effective October 25, 2007; and WHEREAS, it is reasonable for the Town of Prosper to maintain its involvement in the Atmos Cities Steering Committee (ACSC) and to cooperate with the 141 similarly situated city members and other city participants of ACSC in conducting a review of the Company's application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days; and WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: 1. That the October 25, 2007, effective date of the rate request submitted by Atmos on or about September 20, 2007, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. 1 2. That the Town of Prosper is authorized to cooperate with ACSC and its member cities in the Mid -Tex service area to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations to the Town regarding reasonable rates and to direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the Town or Railroad Commission. 3. That the Town's reasonable rate case expenses shall be reimbursed by Atmos. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Atmos, care of Joe T. Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Blevins Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. ATTEST: Matthew D. Denton, TRMC Town Secretary Charles Niswanger, Mayor 2 PARKS & RECREATION SPEI*( To: Mayor and Town Council From: Wade Harden, Senior Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Mike Land, Town Manager Re: Town Council Meeting — September 25, 2007 Date: September 21, 2007 Agenda Item: Consider and act upon 1) approval of the Town of Prosper Parks, Recreation, and Open Space Master Plan and 2) adopt a resolution authorizing the Mayor to execute the same. Description of Agenda Item: Staff is in the process of finalizing the changes to the 2007 Parks, Recreation and Open Space Master Plan as per direction received during the September 18t' Special Council Meeting. This item is a resolution to adopt the plan. Budget Impact: Budget implications are addressed in the Parks, Recreation, and Open Space Master Plan. Legal Obligations and Review: On March 1, 2007, the Parks and Recreation Board held an executive session to discuss certain portions of the Parks, Recreation, and Open Space Master Plan with the Town Attorney. The Town Attorney reviewed the Parks, Recreation, and Open Space Master Plan prior to the March 1, 2007 meeting in order to advise the Parks and Recreation Board. Attached Documents: A revised copy of the Parks, Recreation, and Open Space Master Plan including mark-ups has been distributed to the Town Council for review. Parks and Recreation Board Recommendation: At their May 31, 2007 meeting, the Parks and Recreation Board unanimously approved a motion to recommend that the Town Council approve the proposed Parks, Recreation, and Open Space Master Plan. Agenda Item No. V - Page 1 of 2 Town Staff Recommendation: Town staff recommends the Town Council adopt a resolution adopting the 2007 Parks, Recreation and Open Space Master Plan, authorizing the Mayor to execute the same. Agenda Item No. 4f - Page 2 of 2 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION ADOPTING THE YEAR 2007 PARKS, RECREATION AND OPEN SPACE MASTER PLAN FOR THE TOWN OF PROSPER, TEXAS WHEREAS, the Town Council of the Town of Prosper recognizes the need for a Year 2007 Parks, Recreation and Open Space Master Plan ("the Parks Plan") to provide goals, assessments, standards, recommendations and strategies for implementation over a ten year period in an effort to provide for and continually improve park and recreational facilities, provide trail opportunities, preserve open space and rehabilitate existing parks in the Town of Prosper; and WHEREAS, the primary objective of "the Parks Plan' is to provide recreational services desired by the citizens of Prosper, acquire needed open space and preserve natural resources; and WHEREAS, in order to address recreational needs in the future, the Town of Prosper has sought input from the citizens of Prosper through a survey, a public meeting, the Prosper Parks and Recreation Advisory Board, the Planning and Zoning Commission and the Town Staff; and that input has been incorporated into "the Parks Plan' ;and WHEREAS, "the Parks Plan" complies with Texas Parks and Wildlife Department master plan guidelines which requires parks and recreation needs to be prioritized and addressed in an action plan format: and WHEREAS, the Town Council, having taken into consideration the results of the study conducted by Halff Associates for the Town of Prosper, determines that "the Parks Plan" is reasonable; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: That the Year 2007 Parks, Recreation and Open Space Master Plan for the Town of Prosper, Texas, is hereby officially adopted, as attached hererto and incorporated herein for all intents and purposes. A ten-year Action Plan has been developed to prioritize implementation of the Year 2007 Parks, Recreation and Open Space Master Plan, to guide the rehabilitation of existing parks, provide guidance in the application of funding, and to suggest alternative funding mechanisms. Adoption of the Year 2007 Parks, Recreation and Open Space Master Plan shall not commit the Town of Prosper to specific funding levels and implementation strategies, but shall provide a guidance plan for the Town's vision for availability and growth of park, open space and recreational services. INTRODUCED, BEAN, AND PASSED BY AFFIRMATIVE VOTE OF THE TOWN COUNCIL on this on the 25th day of September, 2007. Charles Niswanger, Mayor ATTEST: Matthew D. Denton, TRMC Town Secretary PLANNING 'v o W To: Mayor and Town Council From: Chris Copple, Senior Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — September 25, 2007 Date: September 21, 2007 A enda Item: A public hearing to consider and act upon a request to rezone 0.7± acre (104 East Broadway), located on the south side of Broadway Street, 200± feet east of Coleman Street, from Single Family-15 (SF-15) to Downtown Office (DTO). (Z07-12). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: --Zoning Current Land Use Future Land Use Plan North Single Family-15 Residential Old Town Core District - Office East Single Family-15 Residential Old Town Core District - Office South Single Family-15 Residential Old Town Core District — Single Family Residential West Commercial Post Office Old Town Core District - Office Requested Zoning — Z07-12 is a request to rezone 0.7± acre, also known as 104 East Broadway, located on the south side of Broadway Street, 200± feet east of Coleman Street, from Single Family-15 (SF-15) to Downtown Office (DTO). The Downtown Office (DTO) district accommodates a variety of office uses providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. Future Land Use Plan — The Future Land Use Plan (FLUP) recommends Old Town Core District - Office for the property. The zoning request conforms to the FLUP. Conformance to the Future Thoroughfare Plan — The property is not adjacent to any future thoroughfares. Agenda Item No. 6 - Page 1 of 2 Water and Sanitary Sewer Services — Water and sanitary sewer service have been extended to the property. Access — Access to the property is from Broadway Street. Schools — This property is located within the Prosper Independent School District (PISD). A school site is not needed on this property. Parks — This property is not needed for the development of a park. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Legal review by the Town Attorney is not required. Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request. Town staff has received one public hearing notice reply form in favor of the request and one public hearing notice reply form in opposition to the zoning request. Attached Documents: 1. Zoning Exhibit A. 2. Public hearing notice reply forms. Planning & Zoning Commission Recommendation: At their September 4, 2007 meeting, the Planning & Zoning Commission recommended that the Town Council approve the requested zoning by a vote of 4-0. Town Staff Recommendation: Town staff recommends that the Town Council approve the requested zoning as Downtown Office (DTO). Agenda Item No. 6 - Page 2 of 2 P1, SPER. REPLY FORM PLANNING DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z07-12: The Town of Prosper has received an application to rezone 0.7± acre from Single Family-15 (SF-15) to Downtown Office (DTO). LOCATION OF SUBJECT PROPERTY: The property is located on the south side of Broadway Street, 200± feet east of Coleman Street. DESCRIPTION OF THE REQUEST: The Downtown Office district accommodates a variety of office uses providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. 9C I OPPOSE the request as described in the notice of public hearing. ❑ I DO NOT OPPOSE the request as described in the notice of public hearing. C MMENTS (ATTACH AD ITIOqAL SHEETS IF NEC SRY): I Name (please print) Address City, S: te, a • Zip Code S -- 2 1 - dd Date jo�j d V r�® E-mail Address r 1� T'b W N P O F PLANNING DEPARTMENT P.O. Bo- 307 E Prosper, T 75078 Phone: 972-346-3502 Fax: 972-347-9006 REPLY FORM SUBJECT: Zoning Case Z07-12: The Town of Prosper has received an application to rezone 0.7± acre from Single Family-15 (SF-15) to Downtown Office (DTO). LOCATION OF SUBJECT PROPERTY: The property is located on the south side of Broadway Street, 200± feet east of Coleman Street DESCRIPTION OF THE REQUEST: The Downtown Office district accommodates a variety of office uses providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. o I OPPOSE the request as described in the notice of public hearing. OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): ) to Name (please print) Address r 7(t3 City, State, and Zip Code Signature S' -31,V_-� Date nwr E-mail Addre IT'SPER W F P To: Mayor and Town Council From: Chris Copple, Senior Planner PLANNING Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — September 25, 2007 Date: September 21, 2007 A-genda Item: A public hearing to consider and act upon a request to rezone 83.6± acres located on the northeast corner of U.S. 380 and Coit Road from Planned Develop ment-25-Com mercial/M ixed Use (PD-25) to Planned Development -Retail (PD-R). (Z07-14). Description of Agenda Item: The Town Council continued the public hearing at the September 11, 2007 meeting. The public hearing is open. The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan North Planned Development- Middle School Low Density Residential 25-Residential Undeveloped East Planned Development- 25-Mixed Use Undeveloped Highway 380 District South Outside of Town Limits Outside of Town Limits Outside of Town Limits West Planned Development-2- Undeveloped Regional Retail Commercial Requested Zoning — Z07-14 is a request to rezone 83.6± acres located on the northeast corner of U.S. 380 and Coit Road from Planned Development-25-Commercial/Mixed Use (PD-25) to Planned Development -Retail (PD-R). The current zoning would allow for the development of 52.6 acres in the Planned Development-25-Commercial District (PD-25) and 31.0 acres in the Planned Development-25-Mixed Use District (PD-25), which includes uses permitted in the Commercial Corridor District, the Office District, the Neighborhood Service District, and additional uses listed in the Planned Development. These portions of Planned Development-25 (PD-25) are attached. Planned Development-25 (PD-25) does not allow for retail uses in the Agenda Item No. 7 - Page 7 of 4 Mixed Use District, so the applicant is requesting to rezone the property Planned Development - Retail (PD-R) to allow for retails uses on the entire 83.6t acres as shown on Exhibit D. Rezoning the property from Planned Development-25-Commercial/Mixed Use (PD-25) to Planned Development -Retail (PD-R) eliminates the following permitted uses from developing on the property: • Assisted Care or Living Facility with a Specific Use Permit • Athletic Stadium or Field • Automobile Repair, Major • Automobile Sales with a Specific Use Permit • Automobile Storage • Bottling Works • Car Wash, Self -Serve • Commercial Amusement, Outdoor with a Specific Use Permit • Contractor's Shop and/or Storage Yard • Dance Hall with a Specific Use Permit • Dry Cleaning, Major • Flea Market, Inside • Flea Market, Outside with a Specific Use Permit • Furniture Restoration • General Manufacturing/Industrial Use Complying with Performance Standards • Indoor Gun Range with a Specific Use Permit • Laundromat • Limited Assembly and Manufacturing Use Complying with Performance Standards • Machine Shop • Mini-Warehouse/Public Storage with a Specific Use Permit • Mobile Food Vendor • Nursery, Major • Office and Storage Area for Public/Private Utility • Office/Warehouse/Distribution Center • Open Storage • Pawn Shop • Print Shop, Major • Recreational Vehicle Sales with a Specific Use Permit • Recycling Center with a Specific Use Permit • Recycling Collection Point • Rehabilitation Care Institution with a Specific Use Permit • Research and Development Center • Small Engine Repair Shop • Storage or Wholesale Warehouse • Taxidermist • Telephone Exchange • Trailer Rental • Transit Station • Truck Sales, Heavy Trucks with a Specific Use Permit • Veterinarian Clinic, and/or Kennel, Outdoor • Winery Future Land Use Plan — The Future Land Use Plan (FLUP) recommends Regional Retail and Highway 380 District uses for the property. Regional Retail allows for establishments which sell goods and services where the total square footage does not exceed 250,000 square feet. Whereas, the Highway 380 District allows for establishments which sell goods and services, Agenda Item No. 7 - Page 2 of 4 including retail uses, offices, hotels, restaurants and sports/fitness facilities. The Planned Development -Retail (PD-R) zoning proposed allows for these uses and is appropriate on the property. Currently, Planned Development-25 (PD-25) allows for the development of approximately 470,000 to 520,000 square feet of retail on the property. The attached Zoning Exhibit D shows 628,211 square feet of possible retail area, which is supported by the adjacency to U.S. 380. The zoning request conforms to the FLUID. Conformance to the Future Thoroughfare Plan — The property is adjacent to U.S. 380 and Coit Road. U.S. 380 is a four lane undivided highway and Coit Road is a future six -lane divided thoroughfare. The future thoroughfare locations are for illustration purposes only. The zoning exhibit complies with the Future Thoroughfare Plan. Water and Sanitary Sewer Services — A 30 inch water line has been extended to the property along U.S. 380 and a 20 inch water line has been extended to the property along Coit Road. Sanitary sewer service is currently not available to the property. As part of the development of the property, the Town will require the development to extend an adequate sewer line to serve the property in conformance with the Town's Water and Wastewater Master Plan. Access — Access to the property will be provided from U.S. 380, Coit Road, and Richland Boulevard. Adequate access is provided to the property. Schools — This property is located within the Prosper Independent School District (PISD). Schools are generally located in residential areas. Due to the proposed non-residential development of this property, it is not anticipated that a school site will be needed on this property. Parks — Neighborhood parks are typically located within residential neighborhoods and away from major thoroughfares. This property is not an ideal location for a park due to its proximity to U.S. 380 and Coit Road and due to the requested zoning. It is not anticipated that this property will be needed for the development of a park. Environmental Considerations — The 100-year floodplain is not located on the property. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request. Notification was provided to neighboring property owners as required by State law. Staff has received two reply forms from neighboring property owners in opposition to the zoning request. The property owners in opposition own more than 20% of the adjacent property within a 200 foot buffer, therefore per State law, the zoning request must be approved by a supermajority (314) vote of the Town Council. Attached Documents: 1. Zoning Exhibits A, B, C, D, E, and F. 2. The portion of Planned Development-25 that is applicable to the property. 3. Public hearing notice reply forms. Planning & Zoning Commission Recommendation: At their August 7, 2007 meeting, the Planning & Zoning Commission denied the zoning request by a vote of 4-0. The applicant has requested a public hearing before the Town Council per Chapter 1, Section 8.4 (B) of the Zoning Ordinance. The applicant has revised their zoning request since the Planning & Zoning Commission took action on the item at their August 7, 2007 meeting. The revised request includes: Agenda Item No. 7 - Page 3 of 4 • A revised Exhibit C. • Increased landscape requirements. • A table titled "Comparison of Architectural Standards and Site Design Criteria." • A comprehensive list comparing the permitted uses to the Zoning Ordinance and to the current Planned Development-25 standards. • Exhibit E, Landscape Plan. • Exhibit F, "Architectural Design Guidelines and Standards." • Conceptual Fagade Elevations Town Staff Recommendation: Town staff recommends that the Town Council approve the requested zoning as Planned Development -Retail (PD-R). Agenda Item No. 7 - Page 4 of 4 Public Works -7 1 !- N F 1 ER, To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works CC: Mike Land, Town Manger Re: Town Council Meeting Date: September 25, 2007 Agenda Item: Consider and act upon Change Order number 1 to include $23,943.60 dollars of paving improvements to Rheas Mills and approve a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: On July 24, 2007 Council approved the Prosper Road Improvement Project 2007 to JRJ Paving for Concrete paving at $444,874. Originally staff was preparing to perform the concrete replacement at Rheas Mills but due to unexpected work load JRJ was asked to complete this task in place of staff. Staff is requesting Council to approve this change order. Budget Impact: The total cost of the requested change order is $23,943.60 for concrete paving, and concrete removal which will be funded from the 2006 CO Bonds. legal Obligations and Review: The contract is a standard construction contract previously approved by the Town Attorney. Attached Documents: The following documentation is being provided for review: • Change Order Number 1 • Resolution authorizing the Interim Town Manager to execute the agreement Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve Change Order number 1 to JRJ Paving for $23,943.60 for the Prosper Road Improvement Project 2007, adding Rheas Mills Street Improvements and approve a resolution authorizing the Town Manager to execute the same. Agenda Item No. 11 - Page 1 of 1 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CHANGE ORDER AGREEMENT FOR CONSTRUCTION SERVICES FOR PROSPER ROAD IMPROVEMENT PROJECT 2007, WITH JRJ PAVING, LP, AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a change order number 1 for construction services for the Town of Prosper Road Improvement Project, between JRJ Paving LP, and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 256' day of September, 2007. Charles Niswanger, Mayor ATTEST TO: Matthew Denton, TRMC Town Secretary Change Order No.: l Dated 9/25/2007 Page 1 CHANGE ORDER 1 PROJECT: TOWN OF PROSPER- Prosper Road Improvement Project 2007 CONTRACT AMOUNT: $ 444,874.00 CONTRACT DATE: September 17, 2007 Date: September 25, 2007 ENGINEER: Town of Prosper 601 West Fifth Street Prosper TX 75078 You are directed to make the changes noted below in the subject Contract: Town of Prosper Owners Signature: By: Mike Land, Town Manager Dated: NATURE OF CHANGES: Remove existing concrete paving in Rheas Mills 540 sy $10.00 $ 5,400.00 Replace existing concrete paving in Rheas Mills 540 sy $34.34 $18,543.60 Total $ 23943.60 These changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to this Change $ 444,874.00 Net Increase Resulting from this Change Order: $ 23,943.60 Current Contract Price including this Change Order: $ 468,817.60 C:IDOCUMENTS AND SETTINGSIMDENTONILOCAL SETTINGSITEMPORARY INTERNET FILESICONTENT.OUTLOOKII WMEYLFOICHANGE ORDER LDOC Change Order No.:1 Dated 9/25/2007 Page 2 The Above Changes are approved for Submittal to Town Council: Director of Public Works: Dated: JRJ Paviniz By: Dated: C:IDOCUMENTS AND SETTINGSIMDENTONILOCAL SETTINGSITEMPORARY INTERNET FILESICONTENT.OUTLOOKII WMEYLFOICHANGE ORDER I.DOC u ENGINEERING E", To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Re: Town Council Meeting — September 25, 2007 Date: September 20, 2007 Agenda Item: Discuss and give direction regarding the Preston 48 Addition development located in the southwest quadrant of Prosper Trail and Highway 289. Description of Agenda Item: On July 10, 2007, the Preston Lakes Homeowners Association addressed the Town Council on the erosion issues experienced on Grapevine Court and Bridgeport Drive. Based on the conversations at that meeting, Town staff and the developer of the Preston 48 Addition development have been working on addressing their concerns. Engineering plans for the proposed retaining wall along the south side of the development were submitted to the Town for review on July 23, 2007. Due to the extent of the review comments, Town staff and the developer met on site with the retaining wall structural engineer on July 31, 2007, to discuss the proposed revisions to the retaining wall to address existing field conditions. At that time the developer agreed to contract with the original site engineer to resurvey the property to adequately design the drainage for the development in conjunction with the proposed retaining walls. On August 24, 2007, the original site engineer contacted Town staff to discuss the progress of the revised plans. He had been working with the structural engineer and was in the process of revising the plans to address the concerns raised by Town staff on July 31, 2007. Prior to the discussion at the September 11, 2007, Town Council meeting, staff received the revised plans and informed the Council that the review would be expedited and sent back to the developer before the end of that week. On September 12, 2007, the Town Engineer met with the developer to discuss the plan review comments and with the design engineer, structural engineer and developer again on September 17, 2007. It is anticipated that the plans will be revised and a meeting held with the affected homeowners, the developer and the Town Engineer prior to the September 25, 2007, Town Council Meeting where the developer will be present to answer any questions. Currently the developer is constructing the strip center along Preston Road south of the new carwash and as a condition of receiving a Certificate of Occupancy, is required to complete the retaining walls for the development. Based on the outcome of discussions at the September 25, 2007, Town Council Meeting, a Stop Work Order to address a potential unsafe condition may be requested by the Town Council to address the erosion and drainage issues. Agenda Item No. 12 - Page 1 of 2 Budget Impact: None Legal Obligations and Review: NIA Attached Documents: None Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council discuss and give direction regarding the Preston 48 Addition development located in the southwest quadrant of Prosper Trail and Highway 289. Agenda Item No. 12 - Page 2 of 2 Administration Sir, To: Mayor and Town Council From: Ron Butler, Finance/Business Manager Cc: Mike Land, Town Manager Re: Town Council Meeting — September 25, 2007 Date: September 18, 2007 Agenda Item• Consider and act upon 1) an agreement with Sharco Technologies, Inc. regarding the installation of a Town wide communication system, 2) and agreement with AT&T to install Tl lines required for the new system, and 3) a resolution of the Town Council authorizing the Town Manager to execute agreement for the same. Description of Agenda Item: The Town of Prosper currently is operating with an antiquated telephone system that is old, out of date and cannot be expanded with growth. The two Tl lines that the Town has is for data only but can be retained and expanded to include voice with a new system. The following list of items is what a new system can do for the Town that the current system is incapable of doing. • One telephone system throughout Town for consistency and centralization that will enable all locations to be connected together and communicate by voice and data. • The Town will have Tl's & direct inward dial lines that can be shared from the main system thus eliminating the need for redundant phone lines at each individual site. This call allow calls to be answered by department, route calls to individuals faster & easier, or can, if desired, have calls answered at a central answering point( a receptionist or a centralized voice mail system using an automated attendant). All calls would flow through the Town Hall PBX. • There would be one voice mail system for the entire Town thus cutting cost on managing multiple voice mail systems and not being able to address or forward voice mails from one building to others in another building. Each employee will have a voice mail box and will have remote access and remote notification. Agenda Item No. 14 - Page 1 of 2 • The Town would have the ability to centrally control and manage the day to day and ongoing programming changes from one point of administration. It would be the same for voice mail system, one voice mail: one administration. • The system designed can handle both voice and data across the sites. All sites can be connected together using the latest technologies available. Calls can be transferred from one phone to any other phone throughout the Town by simply using an extension number as their dial plan. You have the ability to see the status of individual offices or other phone locations (whether they are on a call, away from their desk, or do not want to be disturbed). • The Town would have a 64 part conferencing bridge as part of the new phone system. You can have up to 64 parties on a single conference call. • Moves, adds, and changes can be made any where in Town by the Town's IT person from a remote access to the switch. This eliminates having a tech come out and having to pay tech charges. • Growth is another advantage to the new system design. The current system has no growth potential. This new system would allow expansion up to 500 stations. Budeet Impact• Cost for a new telephone system, $63,190, would come from the 2004 Bond which allows for the improvement of Town facilities or the system can be leased at $1,148.79 per month for 60 months. Initial costs would come from the 2004 Bond and afterwards, the lease payments could be included in the Town's General Fund budget beginning in FY 2008-2009. The General Fund cost saving would be $500 per month on the phone bill Legal Obligations and Review: A review of the Sharco Agreement for a new Communication System and a review of AT&T agreement for the installation of T1 lines will need to be made by the Town Attorney. Attached Documents: Resolution, Sharco Contract, and AT&T Contract. Staff Recommendation: Town staff recommends that the Town Council approve the acquisition or lease of the new Communication System and the resolution authorizing the Town Manager to sign the agreements. This project was started by the previous Town Administrator and carried through by the Interim Town Managers. Interim Town Manager Kevin Carruth contacted Sharco Technologies, whom he has used before, because she provides State Contract pricing and is a minority owned business. Under Texas Government Code Chapter 252, Subchapter A and Subchapter B, section 252.021( c ), the Town pay contract for high technology procurements of equipment, goods, or services of a high technology nature which includes telecommunications equipment and radio and microwave systems. Agenda Item No. 14 - Page 2 of 2 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL FOR THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN AGREEMENT WITH SHARCO TECHNOLOGIES, INC. FOR THE PURCHASE/LEASE OF A TOWN COMMUNICATION SYSTEM AND WITH AT&T FOR THE INSTALLATION OF T1 LINES. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager for the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Mayor and Town Council for the Town of Prosper, Texas, a Lease/Purchase agreement with SHARCO TECHNOLOGIES, INC. for a new Communication System and with AT&T for the installation of T1 lines. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 25"' day of September, 2007. Charles Niswanger, Mayor ATTEST TO: Matthew D. Denton, TRMC Town Secretary Sharco reaYnofogies, rnc,, A vap, NEC .f & Nortel Business Partners 888-4-SHARCO (474-2726) Office 512-258-0573 Fax S 12-2SS-4604 yyww,gharcp.nej lacsimile transmittal To: q r i e rax: I) 1, - 3 From: Date'. Re.- Pages,. Cc* 0 Urgent 0 For review Q Please comment 0 Please reply 0 Please recycle . . . ....... . ... . ..... . .................... ... .......... I...r..I .. ..... ... ......... .. ............. . ... Notes., Of Lage tandem F14969111 MICK Inc, Buslem Commoinauada Eduldnnnt Lana Fall L%61 tgame I` ✓ £ ;Plane Nttmber ! p` - i ._. I tnetit Laratioe Co not same is a44un1 Cry � � /.. �'4'---Lip - nrcJ+ese Order Raquis#tan Norther F�aip �I w"' �y ate •� ..... , p._..__ Invoice ------ is Anerniot at: ...... ......... _...._ ...... ..... ......................... ...... ....... ... ._......... ......... ....... ............ ........ . cep Wrow of i (R� Piymtien4 q�pliCahla T feral Lease GFE1l1A1,51 put, i tern 41 Leslie in Mnnt1� Paymen[ Efegitencyr y 04lratlydy C „le+sa PaYrrh[lnas ! t�(PLif5)IcS I End Of Lease Oplidi: LVUV ❑ 10% r! $I Eat dr lass* Meow Dom sag tt 110111 WIM snelhar spun Is nslndsd. -Security - iPLUS) fitIPffiod ter—TolsiPeymert (PLUS) (EOUAl51 i pepdsif Payatent Encloaed -- TEFM full] I- Less: You (the 't sea"j agree to Rase foam us (ths %assor") the Equipment listed abrne and tan MW adache d xhethrle (the-Lme-), You audhona us to adfalsa #W t4 l Payments by up To t ta% if the cast of Iris eopmet# or Um Iftra IMM the suppkarrs estimate. This lease is etiadive oo It dad That it is accepted and slgnad by us. and the Wm at this Lou *os on ghat am or Any law OOW that we Aes- ionsle (the "Goan nesment DaW) and contirx,es thereafter far do number of nrorlfta indicated abWA. LUM payrntp" art due a$ imgloed by aa. As you will heva possession of the €quipment from the date of its defnsry, N we acoW and sign this Leese You Vitt pry us inbanm tent for each day from tits dads tfie fgulpMa t Is delivered td YOU forth the £4rnYnMCWWd Nu, 4aulM06 on Be Lrsse paymead amount. VtG rwn*@r of Oys in ftrat pffk4 arts a ym of SW drys. Your Lase oblipolons ace absolu ik unWAdr tiontl, and era not subiect m 00110411311, rewon, setafr or Gprrrlte cWffl. Val agree to pay us a fee of $67Mila rdmburee ourahWmas tar pmWrtg firvu%ing sta€ernems, other doc urneo atlion e;oets and all an going adminiafraroancosts du(Mthe WMofthis Lam, 5ecurnydeposits wenvrtmiihykM-bcariraand may he applied to core a Lease ell WIL iF you are not in dela4 We WN return tfra *MR 10 you W11an the I saes is terntintcd. If a paytttent 4 not made when dun. You will pay us a We ciatrge of 5% of the pWn@nt or $10.00, Wftlalievar I5 grapte! We nW charge you a fee of 52,9-g0 for any check tfiiid is tMtumad. ()NLY VM ARE AIJYHORIED TO WAIVE OA C14AWE ANY TEAM, PROVISION OR CONDITION OF THE LUSE_ 2, Tlgs: Unless you have a $1.00 prla11118e option, we A ha+re'titlet51W Equipment, If you havda $1.00 purchase option nn¢rar the Lease Is deemed 10 be a seen * Sgfeen ORL YOU grant us A smuft Interest in the Equipment and el pmo eds thereat. You althorns us to sign Onancing statements and file ftrianc- ing stdemionts An Mr boolf. 8, rMIllpip" Ilea, FJtaUduMM and Wad UWs era teasinQ the Egruprrrent to you "A8-IS° MD MAW NO WAF'f3AfiffIES, a(PAM OR IMPLIED, INCLUDING WARRAM(IE3 OFMEPMANTABILIV OR FITNESS FOR A PAkil(.i8A3t PURPU6E_ We transfer to you any manadmaturer vwrardk& You are rtquired aft your Cost to keep the Equiprtat>r in good working condltion and to Pay for all supplies and =aim If the }lase paerment includes the cast Ot ataintanancc andAtf sdfwlae pravxkd by a third f>art)i you agree teat we are oat OPOTiAk to provide 1ht 0r4inknu%6 ar SON00 and you wait masks 80 claims relaied to ntainrenanoc and snrviCe to the third party You agree that arty chums related to mamtBnaarcc or service volt not impad your ottfigr m to pay all Lease pea nIS when due, #, Atsltlnntrst: You agree nCdfo transfer, sell, sublease. orlon, ledge arr enaknbefelther fire Equipn' id or any rights under this Lases wtftaut our prior wdnen consent You agree that we miry sell. assign, Or transfer to Low ad the new vmw will have doe same rights and Wp^ vote new have and win not tweia perdormt arty! of our ebiigations and ffre rights at the now owner will not the SuMea to am VAlfna, aekili m, or setaRs fflat you may bavt spirit ur or any supplier. 5. AlIk of Lana and h n, -,wai: You nm r0rIXRl9i* W age risks of loss or damage to the Equipment and if any two occurs You are mQuIred toartisly as ofyour Larne obligations, Yotl wig keep the Equipmennt insured against all risks of IM of demapa for art afnoum equal to im rpplwAnrlem cost You awl I'" us as the seas toss pa "for the In6gi13 O and gtve us written prowl of ttte Ipsufance. If you do not pro- vide such inSuraflea, you a itt that ws have the igtrL bun not the ohli�Obft, to *aln such immatica, and add an insurance #lie M ore amount due from YOu, on which Y a may male a ef1L We are not responsible for any losses or injuries ealtsad by the Equipment and you wild feim rR us and ddend lac against arty such clairf>;f- This indaWMf will continua affer the termination min L gainease, You srrltl Yau aprer mob a nde-imCriaels Isave, The ViAlmmLJ MNFw L. try Signature ? PrintName ..._.........._..,... _..........., ,........... Legal Nark of Corpora m no LfIM LOW FppNh10B! #N1111 k, UL t *Sg firoceosinq Cartter, 1111 Old Eagle School head, Wapt, PA f gOaT >t FiHORE: {i80)' -1127$ + FAX: (bbgj 776-t329 ___ _ T.Eease laurnnir wprnmaodTtralt I Obtain and malf"n Comprehenshre public fiabikty insuranra teaming us at: an additions Irtfured wtln ammom arat amours acceptable to us, G Tam Yau agree to pay won dos, mtbar dir't4 or as ntirnbtifSGmeWC U& aU sales, use and pars sonei property taxes and charges in coancction with owrLcftWp arrd Lilt Of the Equipment We may charge you a processing foe Offadminkterh* pmpetiJr Wflings, You was indemnity at on an OW -tax basis 202ind the Ouse of any isx secants xtildpnted at the Commencement Date arising gut Of your acts or omissions. 7. fad of Lease You rerdi akae Lis at least 90 days but net moue *W 150 days wrrtttan nnalaa (Op Our addfess befaw) hem the exiahudn of the Inldal Lease term (of my rinnt" term) of grout gttaMW to purchass or rntum the Eou!frd wt With proper notice you may: a) punchatle all the EgUiM It es tr - ea apwo under "End of Lhasa Option"(fair mariaa value purOftaae�rl Latrourtss will be determined by h1.9ltrdad on the F.grdpmemt� in plats value): orb) nturn aU the ant in goad working corrdiiaa a! Wur Cost in a timely ntittm. and to a lara ion we designate. 9 you fat to notify us, or a you do not (j parchase or (ii) return the Equipment as provided herein. hats Laaaa will aulontallegy renew ad the talent@ paymcm amours for tonsecow 3-mgneh p@rk*. & aydesb and l in l aa' You err In default rn this imam if: a) You faifo pay a Lasso Pay ntentor my ether amount wi en due: or h) you b rao any other ohilgadon under the Lease or afar elf a Leese YAM us_ If you am in ddWl on the Leans we may: (1) decinre the entim braartce of unpaid Lease Patmarm tar the full tease tarrrt irm nedialle f due and payable to us- (10 sue yDu for and rs Xa A ttC tow amours dawn the Lapse Out the EquoTwdts anNeipaied end of Lem fair mnrlrat velut affixed pfice iuruhane option (lbe "Res'dual') with future Lwo Paymaets and the ResAW dirgalrntrd to the dray of rdetatdt at The lesser of (A) a per ahmwm imest Cafe tqufvalent to that of a U,S, TRMIY consti'm mAurW able- getinn (as reported by the U.S, Tretrsury Department) that would have a ra Wmeld term equal to the remajnifle L W term, all as masonaW detcmmod by us, or (6) 3% per annum, piss renmmWe collection and legal cot jig) charge You inlcFc t on all rOdias due $ the rate of 18% par yeah or the hiiilt#st ra* prmtitted by law from N date of dafau8 and (v) require that you immediately rthrrrt the Equipment to us orwe may pacealbly rgyossesa It Air! ftsum or repossoom will W be cansddered a tumirtabn or grtaelaftian of the Leese. if the Equipment is retumad or repossessed we will antl or rt- relit hate Equipment It terms wel dabarmina, at one or more public or p trays. WN or without notice i]aye tarry deflplenfy wosdsM(*W hold rmyd beryl 1�t3. ) toyouraTi gutlons. Am ron v in 9, 011srsitsses=: You agree tiro Lose is a Flaatce Lease as dakad in Article 2A of the Uniform ComrrleMjW Cope ("LW), You wA mobdige we toe Llm you the name of the Equipment supplier ON trap yov may have rights under the OondttCi With the supplier nod mop mrbd to supplier far a dewgd - tiorr of th=fighle. If regveenad,you vafiladbn a iteparese Equipment acpaptknpi Carhitaa t TIek Leess was amm III Fiuslialta 4 °`PAC'). Is to Its pnrarrnad in PA anal 00 he toned and wally qd is atem- tspea vM as anus d PA. Ym messm is sltsbmdushre 11fticdgs, perwall or cileorwine. In arty spite ar taderah rut in PA and Volvo a dial by Ilrlr• Yet some to waive any and as doffs and ra ttedles prod -ad iDyau Wder Seclift 2"06tttrouoh Zk522 of the UX YOU tgMtllaathe Equipm9rd wig Orly be Ladd for business Au+posss and not for penianal, family or household use, You agree that a facsimiie copy of ttte Lease with laostrr* signatures nw be trost d as an oripirw and 0 W admissible as evi- OW(V of tp@ Leese. m rosy lnspw the ftilarrod durIN Me Lose term. l uncoedhiarWki arwrarN prompt ppycmm of me tits Lm&" oV40enr, TM Wesuris mat rWWW Ic proceed against tba Low or ttrr fWipmsatt or enforce gtlher r@tnedies before Mac poll" agpnat nit- 1 W04 notes Ot accnpm ea, and ale Other notit" or dintoods ofany kind to which I may be 00M. I amm t to any ofteSI FOS or madiltolon gmnWto Its Loewe andfine ft*W eattef MrApromom of try oDl'aatrona Of eke i,ewe or>rty Otw uararrters wbout M*.Irlg hoe ifam rig{ dgtagan4ag Tape is a ri4ndnving auar+ngr a,ad wr4l rwalk in eftet to tbo cvc t of my dank ad rray lie eni�rced by ar fur see Welta amy assignee of suave wr a'lthe LaMe.11bli rdT# ommedly aartin ub o I ateaetaaaaaifY the Lass of>hnGwrntornraalai>HPturaglMMdgnri h rvoVstltanirrexroharlYf perk• elednn In my st>de W %dwat fiord IN Igenwesefa ant waive trio by itr7- RoiM Name 'the Equipmem tree been rttotivad, pat in vseit: in good worklttg order and is sati,datkpy and ahhtepla6la. IAA $ianslure Dale Q a Print Name l Title 'lfdA06 tut RicS+s �. Ralntee fi � ub.ri nfiFa+tikOcl5B inapt MAIN TOWN IULL: Configuration for: 1 PRI T 1; 15 Stations; 3-4 Modems; Y Pax; 30 Voice Mails QUANTITY EQUIPMENT 1 IP 500 Base Unit 1 Professional Edition Feature Activation 2 iPO 500 Rack Mount Kit 1 Trunk Carrier Gard 1 Voice Compression Module 28 Port VCM Activation (32 channels avAlable for 1 use) 1 Digital 30 Station Module 1 8 Port Analog Station Module 2 Powerlead 1 IP ice Documentation Admin 5 Pack R4.0 1 Feature Smart Card 1 1PO I_IC IP500 VCE NTVVK START4 LIG 4 lPa uC IP500 VCE NTWK Additional 4 LIC QUANTITY TELEPHONES 20 5410 Digital Telephone 1 5420 Digital Telephone 1 EU 24 DSS unit 1 1151 C1 Power Supply for FU 24 VOICE MAIL PRE] 1 IP400 VoiceMail Pro RFA 1 Adds 8 Additional Voiue Mail Ports 1 VoiceMail Pro 4.0 CID QUANTITY DESCRIPTION 7 Dual Wire Runs NOTES: L) System designed as IP500 mith (PRl Module for Tl; 30 digital station parts; 8 analog, stations ports. 2.) Voice Mail Pro designed as centralized voice mail system for all locations. 3.) Voice Mail PC, Server, and. Router not included. FIRE R1 STATION: Configuration for: 10 Stations; 1 Fay,, 4 POTS sines QUANTITY EQUIPMENT 1 III 500 Base Unit 1 Professional Edition Feature Activation 1 IP.i] 500 Rack Mount Kit 1 4 Port Analog Trunk 1 Voice Compression Module Small 1 8 Fort VCM Activation (12 channels available for use) 2 a Port Digital Station Module 1 8 Pork Analog Station Module I Power Lead 1 Feature Smart Card 1 IPO LIC IP500 VGE NTWK START4 LIC 1 1130 LIC IP500 VCE NTWK Additional 4 LIC QUANTITY TELEPHONES 10 5410 Digital Telephone VOICE. MAIL PRO VOCCI• MAIL CENTRALIZED OFF MAIN TOWN MALL NOTES: l.) System designed as IP500 ,with (4 port hunk card for local dialing; 16 digital station ports, S analog stations ports.) 2.) Voice Mail Pro designed as centralized voice mail system for all locations, PUBLIC FORKS: Configuration for; S Stations; 1 Fax; 2 Modems; 4 POTS sines QUANTITY EQUIPMENT 1 IP 500 Base Unit 1 Professional Edition Feature Activation 1 IPO 500 Lack Mount Kit 1 4 Port Analog Trunk 1 Vpice Compression Module Small 1 8 Port VCM Activation (12 channels available for use) 1 8 Part Digital Station Module 1 8 Port Analog Station Module 1 Power Lead 1 Feature Smart Card 1 IPO LIC IP500 VCE NTWK START4 LIC 1 IPO LIC IP500 VCE NTWK Additional a LIC {QUANTITY TELEPHONES 8 6410 Digital Telephone VOICE MAIL PRO VOICIE MAIL CENTRALIZED OFF MAIN TOWN HALL NOTES: 1.) Systems designed as IP500 with (4 port trunk card for local dialing; 16 digital station ports; 8 2ixr og stations ports.) 2.) Voice mil Pro designed as centralized voice ma-i I system for all locations, ODE ENFORCME 1TT: Configuration for. 15 Stations; 2 Fax; 4 POTS fines QUANTITY EQUIPMENT 1 IP 500 Base Unit 1 Professional Edition Feature Activation 1 IPO 500 flack Mount Kit 1 4 Port Analog Trunk 1 Voice Compression Module Small 1 S Port VCM Activation (12 channels available for use) 2 5 Port Digital Station Module 1 8 Port Analog Station Module 1 Power Lead 1 Feature Smart Card 1 IPO LIC IP500 VCE NTWK START4 LIC 1 IPO LIC IP500 VCE NTWK Additional 4 LIC QUANTITY TELEPHONES 10 5410 Digital Telephone 4 5420 Digital Telephone VOICE MAIL PRO VOICE MAIL CENTRALIZED OFF MAIN TOWN HALL NOTES: 1.) System designed as LP500 wit11 (4 Pert trunk carol for local dialing; 16 digital station ports; S analog stations parts.) 2.) Voice Ma*l Pro designed as centralized voice mail system for all locations. POLICE DEPARTMENT: Configuration for: 15 Stations; 2 Fax; 1 Modems; 4 POTS Lines QUANTITY EQUIPMENT 1 IP 500 Base Unit 1 Profimsional Edition Feature Activation t IPO 500 Rack Mount Kit 1 4 Port Analog Trunk 1 Voice Compression Module Small 1 a Port VCM Activation (12 channels available for use) 2 a Port Digital Station Module 1 8 Port Analog Station Module 1 Power Lead 1 Feature Smart Card 1 IP0 LIC IP500 VCE NTWK START4 LIG t IPO LIC IP500 VCiE NTWK Additional 4 LIC QUANTITY TELEPHONES 14 5410 Digital Telephone 5 5420 Digital Telephone VOICE MAIL PRO VOICE MAIL CENTRALIZED OFF MAIN TOWN HALL QUANTITY DESCRIPTION 12 Dual Wire Runs NOTES: 1.) System designed as 1P500 with (4 port tnaA cud for local dialing; 16 digital station ports; 8 analog stations ports.) 2.) Voice Mail Pro designed as centralized voice mail system for all locations. AT&T Primary Rate ISDN: SmartTrunk® ICB Service Agreement This Primary Rate ISDN SmartTrunkO Individual Case Basis Service Agreement ("Agreement") is entered into between SBC Global Services, Inc. dba AT&T Global Services on behalf of Southwestern Bell Telephone, L.P. dba AT&T Arkansas/AT&T Kansas/AT&T Missouri/AT&T Oklahoma/AT&T Texas ("AT&T") and Town of Prosper with a place of business at 121 West Broadway Prosper, TX 75078 ("Customer") as of the date of the last signature hereto (the "Effective Date") and shall continue until the expiration of the service term chosen hereunder ("Agreement Term"). ICB pricing is offered to Customer pursuant to this agreement because of the unique size or configuration of these business services. I. Service: AT&T Primary Rate ISDN: SmartTrunk®) Service, B-Channels, Calling Line Identification (Optional), Direct Inward Dialing (DID) Telephone Numbers — 100# Block (Optional), and Extended Metro Service (available in Texas only, optional) [I. Service Term: 36 Months (`Term") III. Order Type: New Install IV. Circuit Location Addresses and Quantity: In accordance with the Terms and Conditions attached hereto and incorporated herein by this reference, AT&T shall furnish and Customer shall subscribe to and pay for Service provided to Customer at the following locations. (If additional space is needed, please attach on a separate page.) Services under this Agreement within the state of Missouri must be located within an AT&T Exchange listed on Exhibit 1. Quantity of Circuits per location _ Service Location State Location 1 1 121 West Broadway Prosper, TX 75078 Texas Location 2 0 Not Applicable [Select One] Location 3 0 Not Applicable [Select One] V. Service Elements and Charges: AT&T shall provide Service at the following rates and quantities: A. Monthly Charges Service Elements Total Quantity for All Locations Unit Monthly Charge Extended Monthly Charge SmartTrunk Interface 1 $328.75 $328.75 B-Channels (n/a for EMS B-Channels) 0 $0.00 $0.00 Extended Metro Service (EMS) B-Channels, available in Texas only 23 $21.75 $500.25 Calling Line Identification (Caller ID) 1 $10.00 $10.00 DID Numbers — 100's Block 1 $10.00 $10.00 Total Monthly Charge $849.00 B. Non -recurring Charges. Standard Tariff non -recurring charges are waived under this Agreement. SO AGREED by the parties' respective authorized signatories: Town of Prosper AT&T GLOBAL SERVICES Customer Signature: AT&TSi nature: Print Name and Title: Print Name and Title: Date: Date: Address: 121 West Broadway Address: Prosper, TX 75078 TERMS AND CONDITIONS CONFIDENTIAL INFORMATION This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. ISDN_PRI_ICI3_Lite_SW_Agreement Page 1 of 5 RBOC_reg 03/28/07 jtt 351 AT&T Primary Rate ISDN: SmartTrunk® ICB Service Agreement The following provisions apply to the Service provided hereunder: 1. Description of Service. A. Primary Rate ISDN: SmartTrunk® (herein after referred to as "SmartTrunk" or "Service"): Service provides a multi- purpose high speed, multiplexed digital interface based on CCITT Integrated Services Digital Network (ISDN) standards. The circuit location must be at a valid customer premises address. A customer premises address may not be a location at a Carrier Hotel or a Co -location cage within an AT&T Central Office. SmartTrunk Service uses Primary Rate Interface (PRI) technology. Service is provided where facilities are available from Customer's premises to AT&T's circuit -switched voice and circuit -switched data services via 1.544 Megabits per second (Mbps) central office (CO) termination. The CO termination connects by way of 23 64 Kbps "B" channels and one 64Kbps "D" channel. The "D" channel performs out -of -band signaling and controls the "B" channels. The transmission characteristics of this Service support 64Kbps clear channel capability and Extended Superframe Format (ESF). B. Calling Line Identification (Caller ID): Allows the number of the calling party to be delivered to the called party C. Direct Inward Dialing Telephone Numbers — 100# Block ("DID numbers" or "Service") is furnished subject to the availability of telephone numbers. Direct Inward Dialing telephone numbers are normally provided on a consecutive number basis. AT&T retains its rights to the administration and use of telephone numbers as described in the "Rules and Regulations Applying to All Customers' Contracts" section in the applicable state General Exchange Tariff. DID numbers must be provided on all lines in an exchange access line group arranged for inward service. 2. Term. The Term of the Service provided hereunder will commence upon Cutover and will continue for the Service Term as listed on page 1 (the 'Term"). "Cutover" occurs when the Service is first provisioned or otherwise available for Customer's use at any single Site which is estimated to be 30 days after the Effective Date of this Agreement. If Customer elects to continue the Service beyond the Term and has not entered into a new service agreement, such Service shall be furnished at then -existing Monthly tariff ("Tariff') charges unless and until Customer cancels or renews the Service. 3. Payment of Charges for Service. Customer shall pay the Non -recurring Charge and/or Monthly Charge as listed on page 1, which shall commence upon Cutover. The Monthly Charges specified in this Agreement shall not be subject to increases for the Term of this Agreement. Customer will pay AT&T (i) the Monthly Charges and Non -recurring Charges set forth herein, and (if) applicable taxes, surcharges, and recovery fees (including universal service fees), and customs and duties. Except as otherwise provided herein, (i) billing commences on Cutover; (if) payment is due within 30 days after the date of invoice; and (III) payment is subject to AT&T's credit requirements and AT&T may require a security deposit to ensure prompt payment. Customer will advise AT&T of any billing dispute within 30 days after receipt of invoice or the invoice shall be deemed correct. In addition to recovering attorneys' fees and costs of collection, AT&T may assess a late payment fee as specified in the Tariff. 4. Tariff Regulations. AT&T will, subject to the availability and operational limitations of the necessary systems, facilities, and equipment, provide the Service pursuant to the terms and conditions in the applicable Tariffs. Tariff terms and conditions can be found at 91. In the event of a conflict between the Tariff and the terms of this Agreement, the terms of this Agreement shall control. This Agreement may be filed with the appropriate state commission. If approval is required and not obtained, then this Agreement will immediately terminate and Customer shall receive a refund of any non -recurring charge paid and pre -paid amounts for Services not received. 5. Installation and Cutover. Cutover of Service hereunder requires the installation of certain equipment and facilities on AT&T's side of the demarcation point. Customer shall be responsible for providing adequate space and power, as determined by AT&T, for equipment requirements at the designated locations. If Cutover is delayed due to changes, acts, or omissions of Customer, or Customer's contractor, or due to any event described in the "Excused Performance" provision of this Agreement, AT&T shall have the right to extend Cutover for a reasonable period of time equal to at least the period of such delay and consequences. If Customer cancels this Agreement before the Service is Cutover for reasons not excused herein, Customer shall reimburse AT&T for all expenses incurred in processing the order and in installing the required equipment and facilities completed up to the date of cancellation as specified in the applicable Tariff. All equipment, facilities and lines furnished by AT&T are the sole property of AT&T and are provided upon condition that they will be installed, relocated, removed, changed and maintained exclusively by AT&T as it deems appropriate in its sole discretion. 6. Service and Maintenance Obligations. AT&T represents to Customer that the Service will operate materially in accordance with the Service description set forth in the applicable tariff. If, under normal and proper use, the Service fails to CONFIDENTIAL INFORMATION This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. ISDN_PRI_ICB_Lite_SW_Agreement Page 2 of 5 RBOC_reg 03/28/07 jt1351 AT&T Primary Rate ISDN: SmartTrunk® ICB Service Agreement perform substantially as specified above, and Customer notifies AT&T during the Term, AT&T shall correct such Service degradations or failures without charge to Customer in accordance with the provisions herein. Customer may report Service problems seven (7) days per week and twenty-four (24) hours per day. AT&T's repair obligation does not include damage, defects, malfunctions service degradations or failures caused by Customer's or a third party's abuse, intentional misuse, unauthorized use or negligent acts or omissions. In addition, the foregoing repair obligation applies only if Customer provides AT&T with access on its side of the demarcation point so as to enable AT&T to perform maintenance or repair work. In the event of an interruption in the Service, a credit allowance shall be made for the affected portion of the Service to the extent specified in the applicable tariff. THE FOREGOING REPRESENTATION IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AGAINST AT&T FOR LOSS OR DAMAGE CAUSED BY, OR ARISING IN CONNECTION WITH, THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICE SHALL BE THE OBLIGATIONS OF AT&T AS SET FORTH IN THIS AGREEMENT. 7. Use of Service. Customer agrees that the Service will only be used to transport the voice and/or data traffic of Customer and its Affiliates, and not to originate or terminate voice traffic to bypass switched access charges as defined by applicable state and federal telecommunications law. Customer understands that this covenant is an essential part of the undertaking by AT&T herein, and that AT&T is relying upon Customer's covenant as an inducement to sell the Service. Customer agrees to compensate AT&T for any switched access charges that AT&T is obligated to pay, or entitled to collect, as a result of Customer's use of the Services, and Customer further agrees that this obligation to compensate AT&T shall not be capped or limited. As used herein the term Switched Access, generally speaking, means the charges that a long distance company is required to pay to a local telecommunications company for the termination or origination of long distance calls to or from a customer whose phone is connected to the local telecommunications company's local switching network. 8. Limitation of Liability. The liability of AT&T for damages arising out of mistakes, omissions, interruptions, delays, errors or defects in transmission occurring in the course of furnishing the Service, and not caused by the negligence of Customer, shall in no event exceed the amount specified in the Tariff. No liability shall in any case attach to AT&T for any indirect, incidental, or consequential damages, including lost profits, sustained or incurred in connection with the performance or non- performance of the Service provided hereunder regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and whether such damages are foreseeable. 9. Excused Performance. AT&T shall not be liable in any way for any delay or any failure of performance of the Service or for any loss or damage due to any of the following: (a) Any causes beyond AT&T 's reasonable control, including but not limited to, fires, floods, epidemics, quarantine restrictions, unusually severe weather, strikes, embargoes, manufacturers' delays, explosions, power blackouts, wars, labor disputes, acts of civil disobedience, acts of civil or military authorities, acts stemming from governmental requirements and priorities, acts of nature, acts of public enemies, or acts or omissions of carriers; provided AT&T has exercised reasonable measures, if feasible, to mitigate such delay; (b) Any wrongful or negligent act or omission of Customer or its employees and agents; or (c) Customer's failure to provide access to Customer's premises as reasonably requested by AT&T. 10. Termination for Convenience. If Customer terminates the Service, in whole or in part, after Cutover but before the scheduled completion of the Term, then Customer shall become liable for Termination Charges equal to (i) any unpaid special construction charges or Non -recurring Charges ("NRCs") (excluding any waived charges), plus (ii) fifty percent (50%) of the Monthly Unit Charge for the terminated Service as set forth in this Agreement, multiplied by the number of months remaining in the Term of this Agreement at the point of termination. These charges shall become due and immediately payable upon termination. 11. Termination for Breach. Either party may terminate this Agreement immediately following written notice in the event the other party is in default as of any of its material obligations hereunder provided (a) the defaulting party receives notice of termination containing a reasonably complete description of the default, and (b) the defaulting party fails to cure such default within thirty (30) days of receiving such notice or ten (10) days of such notice if the default is nonpayment. 12. Assignment. Neither party shall assign any right or obligation under this Agreement without the other party's prior written consent, which consent will not be unreasonably withheld. Notwithstanding the foregoing, AT&T may assign this Agreement, in whole or in part, to any of its affiliates. Without limiting the generality of the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties' respective successors and assigns. 13. Publicity. During the Term, neither party may issue any public statements or announcements relating to the terms of this Agreement or the provision of Services without the prior written consent of the other party. 14. Taxes and Additional Charges. Customer shall remit to AT&T all applicable federal, state and local taxes and municipal and state charges which arise under this Agreement unless and to the degree Customer furnishes evidence of exemption from any such taxes and charges. CONFIDENTIAL INFORMATION This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. ISDN_PRI ICB_Lite_SW_Agreement Page 3 of 5 RBOC_reg 03/28/07 #1351 AT&T Primary Rate ISDN. SmartTrunk® ICB Service Agreement 15. Governing Law. This Agreement and any claims arising hereunder or related hereto, whether in contractor tort, shall be governed by the domestic laws of State in which the Services are provided. 16. Severability. If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a valid and enforceable provision which so far as possible achieves the same objectives as the severed provision was intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect. 17. Waiver. Failure of either party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege. 18. Notices. Notices from a party concerning this Agreement must be written and delivered to the other party (i) in person, (ii) by certified mail, return receipt requested, (iii) by traceable overnight delivery, or (iv) by facsimile, electronically confirmed and followed immediately by U.S. Mail. A signed receipt shall be obtained where a notice is delivered in person. Notices to Customer shall be sent to the address on the front page and notices to AT&T shall be sent to AT&T Contract Management at the address below. Notice will be effective upon delivery. 19. Confidentiality. Each party shall treat as confidential all information and any material disclosed to it by the other party that (i) if in tangible form is clearly labeled or otherwise designated as "Confidential," "Proprietary," or "Private" or (ii) if oral or visual, is identified as Confidential, Proprietary or Private on disclosure (all hereinafter referred to as "Confidential Information"). 20. Indemnification. Each party will defend, indemnify and hold harmless the other party, its agents and employees against all claims by third parties (including legal fees and expenses) arising in whole or substantial part out of that party's negligent acts or omissions under this Agreement that result in personal injury or property damage. The indemnified party will promptly notify the indemnifying party of any claim. The indemnifying party shall assume and have sole control of the defense of such claim. This obligation to indemnify shall survive termination of this Agreement. 21. Entire Agreement. This Agreement and the applicable tariffs are the complete agreement between the parties and supersede any discussions, representation or proposals, written or oral, concerning the Service. This Agreement may not be modified except by a writing signed by both parties. ThIs sW06n.far-Internal use only Branch Office: AT&T Business Solutions Center Location: Sales Contact: Phone: Program Code: LiteLV3 Fax: Sales Code: AT&T Sales Representative: Mail Customer Signed Original and Approved Price Quote to: AT&T Contract Management: 817 N. Loop, 2nd floor Austin, TX 78756 CONFIDENTIAL INFORMATION This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. ISDN_PRI_ICB_Lite_SW_Agreement Page 4 of 5 RBOC_reg 03/28/07 jtl 351 AT&T Primary Rate ISDN: SmartTrunk® ICB Service Agreement Exhibit 1 Missouri Exchanges where Service may be provided: Antonia Kansas City (1) Bonne Terre Lake of the Ozarks -Osage Beach Camdenton Manchester Cape Girardeau Marble Hill Chesterfield Maxville Clever Monett Eldon Nevada Eureka Pacific Farmington Perryville Fenton Pond Festus-Crystal City Poplar Bluff Flat River Scott City Fredericktown Sedalia Fulton Sikeston Grain Valley Smithvilie Gravois Mills Springfield (2) Greenwood St. Charles Harvester St. Genevieve Herculaneum-Pevely St. Joseph High Ridge St. Louis (3) Imperial Valley Park Jackson Washington Joplin (1) Kansas City Principal, including: MCA-1 Zones MCA-2 Zones Gladstone Belton Independence Blue Springs Parkville East Independence Raytown Lees Summit South Kansas City Liberty Nashua Tiffany Springs (2) Springfield Principal, including: MCA-1 Zones Fair Grove Nixa Republic Rogersville Strafford Willard (3) St. Louis Principal, including: MCA-1 Zones MCA-2 Zones Ferguson Bridgeton Ladue Creve Coeur Mehlville Florissant Overland Kirkwood Riverview Oakville Sappington Spanish Lake Webster Groves CONFIDENTIAL INFORMATION This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. ISDN_PRI_ICB_Ute_SW_Agreement Page 5 of 5 RBOC_reg 03/28/07 jt1351 (AT&T or Customer Company Letterhead) CERTIFICATION OF Town of Pros er Customer Legal Business Name (name of person signing the contract) states the following: I was aware of the possibility of purchasing from other providers the services I purchased from Southwestern Bell Telephone, L.P.* ("AT&T") in the contract dated (Effective Date). This certification is a Texas Public Utility Commission mandated substantive rule (§26.211) requiring AT&T and other incumbent local exchange companies to file quarterly reports with the Commission including a statement of the Customer attesting to the fact that the Customer is aware of the possibility of purchasing of services from other providers. Customer Signature Representative of Company Name Date "Southwestern Bell Telephone, L.P. is doing business in the states of Arkansas, Kansas, Missouri, Oklahoma and Texas as AT&T Arkansas, AT&T Kansas, AT&T Missouri, AT&T Oklahoma and AT&T Texas, respectively. 1Place bars ness card hero) Letter of Agency Date: To: AT&T Please be advised that we, Town of Prosper, have entered into an agreement with F6 ,'V works, 77615, with an office location at 3711 Laurel Bay Loop Round Rock, TX 78681, to operate as our Solution Provider for the purpose of determining our telecommunications costs and the purchasing or ordering of AT&T Services as it relates to our account(s) at the following address(es): BTN, WTN. MCN, or Tie Code(s): (If necessary. supply on an additionat sheet.) This letter of authorization grants F6 Network,; authorization to access all information relating to these accounts and to conduct changes to our account in the form of orders for all services available from AT&T. This appointment is applicable to the following: Service Famlly Service Name (Tavel Appointment Voice Services AT&T Business Networks (ABN) Yes ® No ❑ AT&T Local Voice Stand -Alone Services Yes ® No ❑ AT&T Long Distance Services Yes ® No ❑ AT&T Vertical Services Yes ® No ❑ Data Networking (Core Data) Services AT&T Access Service Arrangements Yes ® No ❑ AT&T ATM Service Yes ® No ❑ AT&T Frame Relay Service Yes ® No ❑ AT&T Private Line Services Yes ® No ❑ AT&T Local Private Line Services Yes ® No ❑ AT&T Managed Data Services Yes ® No ❑ Business IP (Access) Services AT&T Business Internet Services Yes ® No ❑ AT&T High Speed Internet Service Yes ® No ❑ AT&T Managed VPN Tunneling Services Yes ® No ❑ AT&T Managed Internet Service (MIS) Yes ® No ❑ AT&T Managed Security Services Yes ® No ❑ Hosting Services AT&T Managed/Client Managed Yes ® No ❑ We accept full responsibility for all orders placed by our authorized Solution Provider, to AT&T, on our behalf. In the course of Solution Provider's performing this function, Solution Provider may engage in communications involving disclosure of certain proprietary and confidential information. The CUSTOMER will indemnify AT&T in the event of an unauthorized disclosure by the Solution Provider. This letter will become effective on and shall be valid for a period of three years, unless revoked in writing prior to that date. This does not preclude our ability to act in our own behalf when we deem it necessary. Any questions relating to this matter may be directed to the designee below. Sincerely, ( u8tom8r Authorized Signature) [PRINTED NAME] (TITLE) [PHONE NUMBER) [CUSTOMER EMAIL] SolutW Provider of rea d (indkAted.above) End AT&T agree to protect Customer i+paL ork Proprietary Intormation (CM) on behalf of our Joint custdr6w QfldiCdted above). Letter or AgvrLCV BCS IMMct Channel. 02-20-01 AT&T DS1 1.544 Mbps Service FCC 73 Tariff - Confirmation of Service Order This Confirmation of Service Order ("Order") between SBC Global Services, Inc. dba AT&T Global Services on behalf of Southwestern Bell Telephone, L.P. ("AT&T") and Customer confirms Customer's agreement to purchase DS1 1.544 Service ("Service") under a Term Payment Plan (TPP) according to rates, quantities, terms and conditions set forth herein and in the applicable AT&T Tariff FCC No. 73. This Order confirms but does not modify the tariff. 1. RATES Monthly TPP Rates are based on TPP rates in effect when Service is installed and accepted by Customer. During the term, rate decreases will automatically be applied to the Monthly Rates. Rates will not increase above Monthly Rates for Service between the locations listed in this Order. Monthly Rates may change if a Service location is moved. Channel Termination Nonrecurring Charges will be waived on new installations if Customer selects a 2-year or greater TPP. 2. RENEWAL OR CHANGE Prior to the completion of the TPP, Customer may renew or change to a different TPP without incurring early termination charges if the new TPP is for an equal or greater number of circuits and is greater in length than the months remaining on this TPP. Monthly Rates for the new TPP will be based on rates in effect at the time of the new TPP. 3. TERM EXPIRATION At the expiration of the DS1 TPP term, Customer may select a new DS1 TPP term at the prevailing DS1 TPP rates. If Customer does not wish to renew the DS1 TPP at the expiration of the term, the Service will automatically convert to the current month -to -month rates. If the DS1 Term Payment Plan is grandfathered and the DS1 Service subsequently expires, the expired Service will automatically convert to the current month -to -month rates upon expiration. 4. SERVICE UPGRADE Customer may upgrade Service to a higher speed AT&T service without incurring early termination charges if the upgraded service is under a TPP equal to or greater than the number of months remaining in this TPP and is installed between the locations herein. Nonrecurring charges will apply to the upgraded service. 5. MOVE Customer may move one Channel Termination of a circuit to another location in the same LATA and keep the TPP in force if no lapse in service occurs. Moves to a different Serving Wire Center may result in a change in the Monthly Rates. Nonrecurring Charges in effect for month -to -month service offering will apply. If Customer moves both Channel Terminations concurrently, Customer will be liable for an early termination charge. 6. EARLY TERMINATION If Customer terminates the Service in whole or in part prior to the expiration of the TPP (except as otherwise permitted in this Order), Customer will be liable for an early termination charge equal to 40% of the Monthly Rates multiplied by the number of months remaining in the TPP. 7. ASSIGNMENT Customer shall not assign or transfer any rights or obligations under this Order without prior written consent of AT&T, which consent shall not be unreasonably withheld or delayed. Any assignment without prior written consent of AT&T shall be void. The liability of AT&T and its affiliates for damages from Service interruptions or defects shall not exceed the pro rata amount of Monthly Rates for the time Service was affected. 9. TARIFFS In the event of conflict or discrepancy between provisions of this Order and provisions of the applicable tariff, the provisions of the tariff will prevail. This Order and the applicable tariff are the complete agreement of the parties and supersede any discussions, representations or proposals, written or oral, concerning the Service. CONFIDENTIAL INFORMATION This Order is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. FCC_CSO_SW Page 1 of 2 RBOC_reg 03/13/06 sn2567 AT&T DS1 1.544 Mbps Service FCC 73 Tariff - Confirmation of Service Order 10. JURISDICTION This pricing is offered via AT&T's FCC No. 73 tariff and is based on Customer's acknowledgement and certification that total interstate traffic on the circuit(s) (including Internet traffic) constitutes more than 10% of the total traffic on the Service. New: Renewal: Change: Move: Add: Remove: Upgrade: Disconnect: Order Type: ® ❑ ❑ ❑ ❑ ❑ ❑ Existing Contract No.: Existing Circuit ID: 12 Mo. 24 Mo. 36 Mo. 60 Mo, 84 Mo Rates in Effect Surcharge Requested Installation Term Plan: Date: Exempt? Date: ❑ ❑ ❑ ® ❑ ®Yes ❑No 8/20/2007 Monthly Charges: Non Recurring Charges: Circuit Quantity: $220.00 $214.00 1 Service Location No. 1: Service Location No. 2: 121 West Broadway Prosper, TX 75078 110 West Broadway Prosper, TX 75078 Your signature acknowledges that you understand and accept the terms and conditions on Pages 1 and 2 and that you are authorized to make the commitments under this Order. CUSTOMER By: Printed Name: Title: Date: Company Name: Town of Prosper Company Address: 121 West Broadwav Company City, State and Zip Code: Prosper, TX 75078 Customer Contact: Customer Contact Phone Number: Existing Billing Account Number (if applicable): AT&T GLOBAL SERVICES By: Printed Name: Title: Date: Sales Representative Name: Sales Code: Company: Street Address: City, State and Zip Code: Phone Number: Fax Number: END OF DOCUMENT CONFIDENTIAL INFORMATION This Order is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. FCC_CSO_SW Page 2 of 2 RBOC_reg 03/13/06 sn2567 AT&T DS1 1.544 Mbps Service FCC 73 Tariff - Confirmation of Service Order This Confirmation of Service Order ("Order") between SBC Global Services, Inc. dba AT&T Global Services on behalf of Southwestern Bell Telephone, L.P. ("AT&7) and Customer confirms Customer's agreement to purchase DS1 1.544 Service ("Service") under a Term Payment Plan (TPP) according to rates, quantities, terms and conditions set forth herein and in the applicable AT&T Tariff FCC No. 73. This Order confirms but does not modify the tariff. 1. RATES Monthly TPP Rates are based on TPP rates in effect when Service is installed and accepted by Customer. During the term, rate decreases will automatically be applied to the Monthly Rates. Rates will not increase above Monthly Rates for Service between the locations listed in this Order. Monthly Rates may change if a Service location is moved. Channel Termination Nonrecurring Charges will be waived on new installations if Customer selects a 2-year or greater TPP. 2. RENEWAL OR CHANGE Prior to the completion of the TPP, Customer may renew or change to a different TPP without incurring early termination charges if the new TPP is for an equal or greater number of circuits and is greater in length than the months remaining on this TPP. Monthly Rates for the new TPP will be based on rates in effect at the time of the new TPP. 3. TERM EXPIRATION At the expiration of the DS1 TPP term, Customer may select a new DS1 TPP term at the prevailing DS1 TPP rates. If Customer does not wish to renew the DS1 TPP at the expiration of the term, the Service will automatically convert to the current month -to -month rates. If the DS1 Term Payment Plan is grandfathered and the DS1 Service subsequently expires, the expired Service will automatically convert to the current month -to -month rates upon expiration. 4. SERVICE UPGRADE Customer may upgrade Service to a higher speed AT&T service without incurring early termination charges if the upgraded service is under a TPP equal to or greater than the number of months remaining in this TPP and is installed between the locations herein. Nonrecurring charges will apply to the upgraded service. 5. MOVE Customer may move one Channel Termination of a circuit to another location in the same LATA and keep the TPP in force if no lapse in service occurs. Moves to a different Serving Wire Center may result in a change in the Monthly Rates. Nonrecurring Charges in effect for month -to -month service offering will apply. If Customer moves both Channel Terminations concurrently, Customer will be liable for an early termination charge. 6. EARLY TERMINATION If Customer terminates the Service In whole or in part prior to the expiration of the TPP (except as otherwise permitted in this Order), Customer will be liable for an early termination charge equal to 40% of the Monthly Rates multiplied by the number of months remaining in the TPP. 1•��_F.-1'1 EelL, I L514Z" Customer shall not assign or transfer any rights or obligations under this Order without prior written consent of AT&T, which consent shall not be unreasonably withheld or delayed. Any assignment without prior written consent of AT&T shall be void. 8. LIABILITY The liability of AT&T and its affiliates for damages from Service interruptions or defects shall not exceed the pro rata amount of Monthly Rates for the time Service was affected. In the event of conflict or discrepancy between provisions of this Order and provisions of the applicable tariff, the provisions of the tariff will prevail. This Order and the applicable tariff are the complete agreement of the parties and supersede any discussions, representations or proposals, written or oral, concerning the Service. CONFIDENTIAL INFORMATION This Order is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. FCC_CSO_SW Page 1 of 2 RBOC_reg 03/13/06 sn2567 AT&T DS1 1.544 Mbps Service FCC 73 Tariff - Confirmation of Service Order 10, JURISDICTION This pricing is offered via AT&T's FCC No. 73 tariff and is based on Customer's acknowledgement and certification that total interstate traffic on the circuit(s) (including Internet traffic) constitutes more than 10% of the total traffic on the Service. New: Renewal: Change: Move: Add: Remove: Upgrade: Disconnect. Order Type: ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ Existing Contract No.: Existing Circuit ID: 12 Mo. 24 Mo. 36 Mo. 60 Mo. 84 Mo Rates in Effect Surcharge Requested Installation Term Plan: Date: Exempt? Date: ❑ ❑ ❑ ® ❑ ®Yes ❑No 8/20/2007 Monthly Charges: _ Non Recurring Charges: Circuit Quantity: $220.00 $214.00 1 Service Location No. 1: Service Location No. 2: 121 West Broadway Prosper, TX 75078 601 West 5t" Prosper, TX 75078 Your signature acknowledges that you understand and accept the terms and conditions on Pages 1 and 2 and that you are authorized to make the commitments under this Order. CUSTOMER By: Printed Name: Title: Date: Company Name: Town of Prosper Company Address: 121 West Broadway Company City, State and Zip Code: Prosper, TX 75078 Customer Contact: Customer Contact Phone Number: Existing Billing Account Number (if applicable): AT&T GLOBAL SERVICES Bv: Printed Name: Title: Date: Sales Representative Name: Sales Code: Company: Street Address: City, State and Zip Code: Phone Number: Fax Number: END OF DOCUMENT CONFIDENTIAL INFORMATION This Order is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. FCC_CSO_SW Page 2 of 2 RBOC_reg 03/13/06 sn2567 AT&T DS1 1.544 Mbps Service FCC 73 Tariff - Confirmation of Service Order This Confirmation of Service Order ("Order") between SBC Global Services, Inc. dba AT&T Global Services on behalf of Southwestern Bell Telephone, L.P. ("AT&T") and Customer confirms Customer's agreement to purchase DS1 1.544 Service ("Service") under a Term Payment Plan (TPP) according to rates, quantities, terms and conditions set forth herein and in the applicable AT&T Tariff FCC No. 73. This Order confirms but does not modify the tariff. 1. RATES Monthly TPP Rates are based on TPP rates in effect when Service is installed and accepted by Customer. During the term, rate decreases will automatically be applied to the Monthly Rates. Rates will not increase above Monthly Rates for Service between the locations listed in this Order. Monthly Rates may change if a Service location is moved. Channel Termination Nonrecurring Charges will be waived on new installations if Customer selects a 2-year or greater TPP. 2. RENEWAL OR CHANGE Prior to the completion of the TPP, Customer may renew or change to a different TPP without incurring early termination charges if the new TPP is for an equal or greater number of circuits and is greater in length than the months remaining on this TPP. Monthly Rates for the new TPP will be based on rates in effect at the time of the new TPP. 3. TERM EXPIRATION At the expiration of the DS1 TPP term, Customer may select a new DS1 TPP term at the prevailing DS1 TPP rates. If Customer does not wish to renew the DS1 TPP at the expiration of the term, the Service will automatically convert to the current month -to -month rates. If the DS1 Term Payment Plan is grandfathered and the DS1 Service subsequently expires, the expired Service will automatically convert to the current month -to -month rates upon expiration. 4. SERVICE UPGRADE Customer may upgrade Service to a higher speed AT&T service without incurring early termination charges if the upgraded service is under a TPP equal to or greater than the number of months remaining in this TPP and is installed between the locations herein. Nonrecurring charges will apply to the upgraded service. 5. MOVE Customer may move one Channel Termination of a circuit to another location in the same LATA and keep the TPP in force if no lapse in service occurs. Moves to a different Serving Wire Center may result in a change in the Monthly Rates. Nonrecurring Charges in effect for month -to -month service offering will apply. If Customer moves both Channel Terminations concurrently, Customer will be liable for an early termination charge. 6. EARLY TERMINATION If Customer terminates the Service in whole or in part prior to the expiration of the TPP (except as otherwise permitted in this Order), Customer will be liable for an early termination charge equal to 40% of the Monthly Rates multiplied by the number of months remaining in the TPP. 7. ASSIGNMENT Customer shall not assign or transfer any rights or obligations under this Order without prior written consent of AT&T, which consent shall not be unreasonably withheld or delayed. Any assignment without prior written consent of AT&T shall be void. 8. LIABILITY The liability of AT&T and its affiliates for damages from Service interruptions or defects shall not exceed the pro rata amount of Monthly Rates for the time Service was affected. In the event of conflict or discrepancy between provisions of this Order and provisions of the applicable tariff, the provisions of the tariff will prevail. This Order and the applicable tariff are the complete agreement of the parties and supersede any discussions, representations or proposals, written or oral, concerning the Service. CONFIDENTIAL INFORMATION This Order is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. FCC_CSO_SW Page 1 of 2 RBOC_reg 03/13/06 sn2567 AT&T DS1 1.544 Mbps Service FCC 73 Tariff - Confirmation of Service Order 10. JURISDICTION This pricing is offered via AT&T's FCC No. 73 tariff and is based on Customer's acknowledgement and certification that total interstate traffic on the circuit(s) (including Internet traffic) constitutes more than 10% of the total traffic on the Service. New: Renewal: Change: Move: Add: Remove: Upgrade: Disconnect: Order Type: ® ❑ ❑ ❑ ❑ ❑ ❑ Existing Contract No.: Existing Circuit ID: 12 Mo. 24 Mo. 36 Mo. 60 Mo. 84 Mo Rates in Effect Surcharge Requested Installation Term Plan: Date: Exempt? Date: ❑ ❑ ❑ ® ❑ ®Yes ❑No 8/20/2007 Monthly Charges: _ Non Recurring Charges: Circuit Quantity: $220.00 $214.00 1 1 Service Location No. 1: Service Location No. 2: 121 West Broadway Prosper, TX 75078 409 East 1�t. Prosper, TX 75078 Your signature acknowledges that you understand and accept the terms and conditions on Pages 1 and 2 and that you are authorized to make the commitments under this Order. CUSTOMER By: Printed Name: Title: Date: Company Name: Town of Prosper Company Address: 121 West Broadway Company City, State and Zip Code: Prosper, TX 75078 Customer Contact: Customer Contact Phone Number: Existing Billing Account Number (if applicable): AT&T GLOBAL SERVICES BY: Printed Name: Title: Date: Sales Representative Name: Sales Code: Company: Street Address: City, State and Zip Code: Phone Number: Fax Number: END OF DOCUMENT CONFIDENTIAL INFORMATION This Order is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. FCC_CSO_SW Page 2 of 2 RBOC_reg 03/13/06 sn2567 AT&T DS1 1.544 Mbps Service FCC 73 Tariff -Confirmation of Service Order This Confirmation of Service Order ("Order") between SBC Global Services, Inc. dba AT&T Global Services on behalf of Southwestern Bell Telephone, L.P. ("AT&T") and Customer confirms Customer's agreement to purchase DS1 1.544 Service ("Service") under a Term Payment Plan (TPP) according to rates, quantities, terms and conditions set forth herein and in the applicable AT&T Tariff FCC No. 73. This Order confirms but does not modify the tariff. 1. RATES Monthly TPP Rates are based on TPP rates in effect when Service is installed and accepted by Customer. During the term, rate decreases will automatically be applied to the Monthly Rates. Rates will not increase above Monthly Rates for Service between the locations listed in this Order. Monthly Rates may change if a Service location is moved. Channel Termination Nonrecurring Charges will be waived on new installations if Customer selects a 2-year or greater TPP. 2. RENEWAL OR CHANGE Prior to the completion of the TPP, Customer may renew or change to a different TPP without incurring early termination charges if the new TPP is for an equal or greater number of circuits and is greater in length than the months remaining on this TPP. Monthly Rates for the new TPP will be based on rates in effect at the time of the new TPP. 3. TERM EXPIRATION At the expiration of the DS1 TPP term, Customer may select a new DS1 TPP term at the prevailing DS1 TPP rates. If Customer does not wish to renew the DS1 TPP at the expiration of the term, the Service will automatically convert to the current month -to -month rates. If the DS1 Term Payment Plan is grandfathered and the DS1 Service subsequently expires, the expired Service will automatically convert to the current month -to -month rates upon expiration. 4. SERVICE UPGRADE Customer may upgrade Service to a higher speed AT&T service without incurring early termination charges if the upgraded service is under a TPP equal to or greater than the number of months remaining in this TPP and is installed between the locations herein. Nonrecurring charges will apply to the upgraded service. 5. MOVE Customer may move one Channel Termination of a circuit to another location in the same LATA and keep the TPP in force if no lapse in service occurs. Moves to a different Serving Wire Center may result in a change in the Monthly Rates. Nonrecurring Charges in effect for month -to -month service offering will apply. If Customer moves both Channel Terminations concurrently, Customer will be liable for an early termination charge. 6. EARLY TERMINATION If Customer terminates the Service in whole or in part prior to the expiration of the TPP (except as otherwise permitted in this Order), Customer will be liable for an early termination charge equal to 40% of the Monthly Rates multiplied by the number of months remaining in the TPP. 7. ASSIGNMENT Customer shall not assign or transfer any rights or obligations under this Order without prior written consent of AT&T, which consent shall not be unreasonably withheld or delayed. Any assignment without prior written consent of AT&T shall be void. a. LIABILITY The liability of AT&T and its affiliates for damages from Service interruptions or defects shall not exceed the pro rata amount of Monthly Rates for the time Service was affected. 9. TARIFFS In the event of conflict or discrepancy between provisions of this Order and provisions of the applicable tariff, the provisions of the tariff will prevail. This Order and the applicable tariff are the complete agreement of the parties and supersede any discussions, representations or proposals, written or oral, concerning the Service. CONFIDENTIAL INFORMATION This Order is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. FCC_CSO_SW Page i of 2 RBOC_reg 03/13/06 sn2567 AT&T DS1 1.544 Mbps Service FCC 73 Tariff -Confirmation of Service Order 10. JURISDICTION This pricing is offered via AT&T's FCC No. 73 tariff and is based on Customer's acknowledgement and certification that total interstate traffic on the circuit(s) (including Internet traffic) constitutes more than 10% of the total traffic on the Service. New: Renewal: Change: Move: Add: Remove: Upgrade: Disconnect: Order Type: ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ Existing Contract No.: Existing Circuit ID: 12 Mo. 24 Mo. 36 Mo. 60 Mo. 84 Mo Rates in Effect Surcharge Requested Installation Term Plan: Date: Exempt? Date: ❑ ❑ ❑ ® ❑ ®Yes ❑No 8/20/2007 Monthly Charges: 11$214.00 Non Recurring Charges: Circuit Quantity: $220.00 1 Service Location No. 1: Service Location No. 2: 121 West Broadway Prosper, TX 75078 1500 East 131 Prosper, TX 75078 Your signature acknowledges that you understand and accept the terms and conditions on Pages 1 and 2 and that you are authorized to make the commitments under this Order. CUSTOMER By: Printed Name: AT&T GLOBAL SERVICES By: Printed Name: Title: Title: Date: Date: Company Name: Town of Prosper Company Address: 121 West Broadwa Company City, State and Zip Code: Prosper, TX 75078 Customer Contact: Customer Contact Phone Number: Existing Billing Account Number (if applicable): Sales Representative Name: Sales Code: Company: Street Address: City, State and Zip Code: Phone Number: Fax Number: END OF DOCUMENT CONFIDENTIAL INFORMATION This Order is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. FCC_CSO_SW Page 2 of 2 RBOC_reg 03/13/06 sn2567 aw APPLICATION FOR END -USER SURCHARGE EXEMPTION Our interstate special access facility termination is exempted for the following reason: ❑ An open-end termination in a Telephone Company switch of an FX line, including CCSA and CCSA- equivalent ONALs. ❑ An analog channel termination that is used for radio or television program. ❑ A termination used for TELEX service. ❑ A termination that by the nature of its operating characteristics could not make use of Telephone Company common lines. ❑ A termination that interconnects either directly or indirectly to the local exchange network where the usage is subject to Carrier Common Line charges such as, where the special access facility access only FGA and no local exchange lines, or special access facility between customer points of termination, or special access facility connecting CCSA or CCSA-type equipment (intermachine trunks). ❑ A termination that the customer certifies to the Telephone Company is not connected to a PBX or other device capable of interconnecting the special access facility to a local exchange subscriber line, or the PBX or other device has been rendered incapable of interconnection by software or hardware changes. I hereby certify that these circuits are exempt from the Special Access Surcharge. I recognize that it is the responsibility of Town of Pros er to notify AT&T in writing of any changes that affect this status. (Account Number) (Print/type Authorized Representative's Name) (Circuit ID Number) (Authorized Representative's Title) (Date Signed) (Signature of Authorized Representative) COMMUNICATION SYSTEM PROPOSAL FOR Town of Prosper Presented by SHARCO TECHNOL OG/ES, INC. CONNECTION WITH PERFECTION w v.aharcomet Office 512.258.0573. Fax 512.258.4604. 3000 Joe Dimaggio Blvd. Ste 79 Round Rock. TX 78665 Communication System Statement of Work "Connection with Perfection.?) 'Exjocl tive. 9K�rnnr r r ;tie Today's corporate environments rely on complex technology for communication with their employees, customers and vendors. Diverse networks are converging to leverage resources and cut costs. Sharco Technologies can help you gain an advantage over your competition by utilizing the latest advances in proven communication equipment and software. Sharco Technologies, Inc. has the experienced team of professionals to deploy a successful implementation from conception to installation and beyond. Our staff also includes the best service technicians in the industry that can manage and maintain your voice and data networks, 24 hours a day, 7 days a week. Our portfolio of services includes: ■ PBX & Key Systems ■ Y'oIP Technology & IP Telephony R Unified Messaging / Voice Mail ■ Call Accounting ■ Remote Telecommuting • Call Centers / CRM Technology ■ Structured Cabling ■ Data / IT Services ■ 24 x 7 Service and Support for New or Existing System .cape of Pro. Town of Prosper Sharco Technologies, Inc. has tailored a telecommunications system specifically designed to handle your day-to-day operations with reliability, simplicity, and cost -efficiency. This includes a System Configuration which will allow room for expansion as the business grows. OFFICE; 592.2s8.0573 . FAX: 512.258,4604 . WOO JOE DIMAGGIO St VD • ROUND ROCK TEXAS 78664 np m o 0 MAIN TOWN HALL: Configuration for: 1 PRI T1; 15 Stations; 3-4 Modems; 1 Fax; 30 Voice Mails QUANTITY EQUIPMENT 1 IP 500 Base Unit 1 Professional Edition Feature Activation 2 IPO 500 Rack Mount Kit 1 Trunk Carrier Card 1 Voice Compression Module 28 Port VCM Activation (32 channels available for 1 use) 1 Digital 30 Station Module 1 8 Port Analog Station Module 2 Power Lead 1 IP Office Documentation Admin 5 Pack R4.0 1 Feature Smart Card 1 IPO LIC IP500 VCE NTWK START4 LIC 4 IPO LIC IP500 VCE NTWK Additional 4 LIC QUANTITY TELEPHONES 12 5410 Digital Telephone 5 5420 Digital Telephone 1 EU 24 DSS Unit 1 1151 C1 Power Supply for EU 24 VOICE MAIL PRO 1 IP400 VoiceMail Pro RFA 1 Adds 8 Additional Voice Mail Ports 1 VoiceMail Pro 4.0 CD QUANTITY DESCRIPTION 6 Dual Wire Runs NOTES: 1.) System designed as IP500 with (PRI Module for T1; 30 digital station ports; 8 analog stations ports. 2.) Voice Mail Pro designed as centralized voice mail system for all locations. 3.) Voice Mail PC, Server, and Router not included. CODE ENFORCEMENT: Configuration for: 15 Stations; 2 Fax; 4 POTS Lines QUANTITY EQUIPMENT 1 IP 500 Base Unit 1 Professional Edition Feature Activation 1 IPO 500 Rack Mount Kit 1 4 Port Analog Trunk 1 Voice Compression Module Small 1 8 Port VCM Activation (12 channels available for use) 2 8 Port Digital Station Module 1 8 Port Analog Station Module 1 Power Lead 1 Feature Smart Card 1 IPO LIC IP500 VCE NTWK START4 LIC 1 IPO LIC IP500 VCE NTWK Additional 4 LIC QUANTITY TELEPHONES 10 „ 5410 Digital Telephone 4 5420 Digital Telephone VOICE MAIL PRO VOICE MAIL CENTRALIZED OFF MAIN TOWN HALL NOTES: 1.) System designed as IP500 with (4 port trunk card for local dialing;,16 digital stations; 8 analog stations. 2.) Voice Mail Pro designed as centralized voice mail system for all locations. PUBLIC WORKS: Configuration for: 8 Stations; 1 Fax; 2 Modems; 4 POTS Lines QUANTITY EQUIPMENT 1 IP 500 Base Unit 1 Professional Edition Feature Activation 1 IPO 500 Rack Mount Kit 1 4 Port Analog Trunk 1 Voice Compression Module Small 1 8 Port VCM Activation (12 channels available for use) 1 8 Port Digital Station Module 1 8 Port Analog Station Module 1 Power Lead I Feature Smart Card 1 IPO LIC IP500 VCE NTWK START4 LIC 1 IPO LIC IP500 VCE NTWK Additional 4 LIC QUANTITY TELEPHONES 8 5410 Digital Telephone VOICE MAIL PRO VOICE MAIL CENTRALIZED OFF MAIN TOWN HALL NOTES: 1.) System designed as IP500 with (4 port trunk card for local dialing; 8 digital stations; 8 analog stations. 2.) Voice Mail Pro designed as centralized voice mail system for all locations. 40 POLICE DEPARTMENT: Configuration for: 15 Stations; 2 Fax; 1 Modem; 4 POTS Lines QUANTITY EQUIPMENT 1 IP 500 Base Unit 1 Professional Edition Feature Activation 1 IPO 500 Rack Mount Kit 1 4 Port Analog Trunk 1 Voice Compression Module Small 1 8 Port VCM Activation (12 channels available for use) 2 8 Port Digital Station Module 1 8 Port Analog Station Module 1 Power Lead 1 Feature Smart Card 1 IPO LIC IP500 VCE NTWK START4 LIC 1 IPO LIC IP500 VCE NTWK Additional 4 LIC QUANTITY TELEPHONES 14 5410 Digital Telephone 5 5420 Digital Telephone VOICE MAIL PRO VOICE MAIL CENTRALIZED OFF MAIN TOWN HALL QUANTITY DESCRIPTION 12 Dual Wire Runs NOTES: 1.) System designed as IP500 with (4 port trunk card for local dialing; 16 digital station ports; 8 analog stations ports.) 2.) Voice Mail Pro designed as centralized voice mail system for all locations. FIRE STATION: Configuration for: 10 Stations; 1 Fax; 4 POTS Lines QUANTITY EQUIPMENT 1 IP 500 Base Unit 1 Professional Edition Feature Activation 1 IPO 500 Rack Mount Kit 1 4 Port Analog Trunk 1 Voice Compression Module Small 1 8 Port VCM Activation (12 channels available for use) 2 8 Port Digital Station Module 1 8 Port Analog Station Module 1 Power Lead 1 Feature Smart Card 1 IPO LIC IP500 VCE NTWK START4 LIC 1 IPO LIC IP500 VCE NTWK Additional 4 LIC QUANTITY TELEPHONES 10 5410 Digital Telephone VOICE MAIL PRO VOICE MAIL CENTRALIZED OFF MAIN TOWN HALL NOTES: 1.) System designed as IP500 with (4 port trunk card for local dialing; 16 digital station ports; 8 analog stations ports.) 2.) Voice Mail Pro designed as centralized voice mail system for all locations. OL TOTAL INVESTMENT FOR THE TOWN OF PROSPER AVAYA EQUIPMENT TOTAL PRICE $78,190 DISCOUNT ($16,000) Total Price $63,190 60 Month FMV $1,148.79 F-j NEW CONFIGURATION COSTS AT&T Pricing Monthly Costs: DESCRIPTION QUANTITY MO. COST T1 4 $220.00 ISP T1 2 $414.00 PRI 1 $900.00 Monthly Total: TOTAL MONTHLY $880.00 $828.00 $900.00 $29608.00 ri VoiceMall Lite PC Requirements: The PC used as the voicemail server should have: • A Windows 98 (2nd Edition), NT4 (SP6), 2000 (SP2) or XP Professional PC. * A Pentium 4, 2.4GHz or higher with 256MB RAM. • A 100Mbps network card is strongly recommended. • It is strongly recommended that the server PC is dedicated to this task and is located in a non-public area. VoiceMall Pro PC Requirements: The following configurations are supported. However for maximum reliability Voicemail Pro should be installed as a service on an Windows NT4 (SP6), 2000, 2003* or XP Professional. • Windows 98 with Internet Explorer 5.01 or later. * Windows Millennium Edition. • Windows NT4 with Service Pack 6 or later and Internet Explorer 5.5 or later. + Windows 2000 with Service Pack 3 or later and Internet Explorer 5.5 or later. • Windows XP. • Windows 2003* The minimum recommended PC specification is Voicemail Only • Pentium 4, 2.8GHz or higher with 256MB RAM. Voicemail with IMS and/or Campaigns + Pentium 4, 2.8GHz or higher with 512MB RAM. Voicemail with TTS and/or Database IVR: • Pentium 4, 2.t UHz or signer with 511 M13 Kam (98,NT) or 1024Mb Ram (Win2K/XP) minimum, HD minimum 20GB (preferably 7200rpm for better performance), 2GB for Operating System and VoiceMall Pro plus free space for voicemall storage. A 100Mbps network card is strongly recommended. The server PC must be dedicated to this task and located in a secure area. Attempting to run the volcernau server on a lower specification PC may cause degradation of operation. It Is acceptable that IP Office Manager and Feature Key server are run on the same PC as Voicemail Pro server. *Note: Windows 2003 server will be supported in a subsequent release. Please check with support.avaya.com for the latest announcements. OVERVIEW Avaya IP office The Intelligent Communications Solution for Small and Midsize Businesses Discover how to enhance customer service, control costs, and operate your business with optimum efficiency — with the solution thousands of businesses like yours use every day. avaya.corn Millions of users in small and midsize businesses around the world connect through Avaya daily. Avaya helps you achieve your goals Every small and midsize business needs ways to reduce costs and improve the way it operates. Like every business, you're looking to keep all your customers, add new ones and grow at the pace that's right for you. Avaya understands- this, With over 100 years of experience as a leader in communications, we know that the ideal solution for your business is one that helps you increase profitability, improve productivity and gain competitive advantages. IP Office What is it? It is a converged communications solution that uses both voice and IP technology to deliver intelligent ways for you to reduce cost, increase productivity, and improve customer service for your business. How can I use it in my business? Connect with colleagues and customers. Simplify access to information. Keep remote workers in touch. You can save money through conferencing, networking, tali management, Voice over IP, and more. 4D What are my choices? Does your business have one location? Multiple locations? With IP Office you can choose from a range of models and add capacity, applications, and phones as you need them. Whether you have few or many employees, IP Office is the optimal choice. Get big -business communications at small -sized business prices. Businesses around the world rely on Avaya solutions like IP Office — the award -winning communications system that gives growing companies a complete solution for telephony, messaging, networking, conferencing, customer management and much more. And we make it easy for businesses like yours to buy, by offering an array of financing options. avaya.corn vA. 11�ijlpw yoI. s�ie�llti�s ��: r Ault 170w uruch F nSaV6y6dr e-wil n +'kh the IP Calo.Twl. 84 4?f.CMrIi7�F6:iuL; u See how Intelligent Communications can help you grow --• and save! Enrich the customer service experience, boost loyalty. Every inbound call is an opportunity. With Avaya IP Office, you maximize each of those opportunities with high -quality service and increased speed for each caller. • Missed calls means missed business. W Office lets you route calls directly to the right person the first time, to give optimal services, even if those people are in other locations. In addition, easy integration to other applications like Microsoft Outlook can provide your people with detailed information about who's calling ---- to impress and deliver faster service for your customers. • With IP Office, you can get comprehensive catll reports, letting you know how well (or poorly) you are serving your customers — arming you with the information to transform the way you do business. • IP Office can provide full communications accessibility, addressing the needs of both your employees and your customers who are blind/visually impaired, or deaf/hard of hearing. Reduce monthly costs. CetAvaya IP Office handle what other outside services would normally send you bills for each month. • With fP Office you can change your TI to a SIP service and, through your service provider, cut your calling expenses in half.* • Sharply reduce — even eliminate — conferencing expenses. By bringing this capability in-house, you gain secure audio conference calls anytime, and save on monthly fees to outside providers. • Lower costs instantly by enabling your employees to work from home. With I P Office, you can give them softphones and eliminate whatever they are currently charging to your business. • Don't have any home workers? Use this functionality to ensure that productivity doesn't stop if there is inclement weather, sickness or other emergency preventing them from physically getting to the office. • Lastly, eliminate sits -to -site calling costs by networking your IP Office systems across sites, even when in different countries. In addition, your entire staff — regardless of location — can be set up to be contacted by dialing a simple three -digit extension. *Based on average current service provider rates. Intelligent Communications Your competitive advantage Whether your business is large, midsize or -small, Avaya has a communications solution that can help improve your business immediately — and set the stage to easily grow as your business does. Now you can have all the essentials — like just having a call go to the right person — as wel I as some of the smartest capabilities, like having your IP Office automatically launch a conference call based upon the time, frequency, and people you specify. Enabling ways for your employees, customers, suppliers and partners to communicate efficiently and intelligently helps you to differentiate in the marketplace. Companies like yours are implementing Intelligent Communications features into business processes and are realizing increases in worker productivity, customer loyalty, and profitability. How? Let's take a look. Be productive and accessible wherever you are. Avaya F Office enables Pu and your staff to work anywhere — whether it be from home, a hotel, or even the airport • Tired of distributing multiple phone numbers depending on where you will be? With Avaya IP Office, the same direct -dial office number can follow you wherever you go --- giving you instant access, regardless of your location. • Get non-stop productivity and save. Enable work from home, hotel or even at the airport. With IP Office, your laptop can take your phone anywhere. All calls from a hotel, especially international ones, give you instant savings with a simple Internet connection. • Travelling to another office location? IP Office gives you the ability to log in from any phone (whether digital, IP or analog) on any other networked site and make it work just like the phone in your office. • Dial into a colleagues conference call as planned, or host an impromptu call of your own from your desktop, IP Office can also automatically launch conference calls for you to your meeting attendees — to bring the right people together instantly, and speed decision making. "This means our clients can use a single number to reach our bankers, whether they are in the office, working from a hotel room or running to catch a plane." —Christopher Bettin, Director of Information Technology, Cascadia Capital INTELLIGENT COMMUNICATIONS s INTELLIGENT COMMUNICATIONS — - - FT_ —. So, what do you want Avaya IP Office to do for you? ... 7r . ,Y -T Work from anywhere Enable instant one -number access regardless of your location. Route incoming office calls to your mobile telephone, and even listen to your e-mails. Improve ceWtorrser sa$��fac�;o�t !Aarii n1itL r �StCfl7Cr-satigf2;.G4n' �s mora`wgl�s �,ie'1=?.tidied prwrnptly. R:'d:AriputeJaboum3 ea;l3 from your busy locatrong �ryylyd Idle loc�tian=_. Protect your Investment Gain more than just communications products and services. Implement a system that delivers immediate results to your business, and is set to grow and change along with It. OISper.t A sitLs Sae-. ('olfa*' iation. iii4egroty f:�'siness mg1f1i11n^;a2�,,q3 to Sono monry 0 IonQ rSCaP,v: charges- I,i+Ik �cn'.wle.afl�,,.'.S as is Yaay vmrp ord. Keep ongoing management simple. Administer communications for a busy staff, quickly and painlessly. Measure customer support Powerful reporting package illustrates how you are serving your customers. See how much time you spend on each call, and how many calls you may be missing, Integrate applications Enah.ie i i::omi rg CgIFiK to dfsplay oorrlf' q name, lo'w Lion, pi;..� 3ing hss.ory nr a'dier vi fax dCkai Is; imp,YM CoS!U.M-f$F �PN.mdr2 strabiZ:6Fy, _nd sj';.d riffie!ancy. Look more professional Impress customers and empower staff with state-of-the-art telephones. Sleek, functional telephones designed for the business professional. I-ivst conferences iE1 imirat�-finrltcrcncs Ca 'I Coiv s 2hd-sy�Zd y�icr dccision-making. $ChCdrla, iritialc of part%cls} ^w i;1 xc-irva;,clipco: i;erep:s-cal1: .77ytf1le. La:i,;Cft oatE uner wa'I to vrin�, the rcgitf I„.%,pla *Agctht, iry412;I tly. IP Office comes with a whole set of menu -driven tools to keep ongoing management simple. Leverage a variety of advanced options to power efficiency. The administration tool makes it easy to set up your IP Office and day-to-day tasks such as updating directories and moving phone extensions. Remote diagnostics are also made easy through the intuitive and real-time System Status Application. avaya.com :'��3kik tpFJS� hqw m8ny u,iwties like PO s q;!,JP.Gfce at Avaya I P Office protects your investment, adapts to change and grows with you. • IP Office is a wise long-term investment. You get to take advantage of today's technology now, and streamline your business at your pace. • Adding users, new offices or more intelligence to the solution is easy and cost effective. • You pay only for what you use, and add what you need later. • From simple messaging to sophisticated call centers, IP Office enables you to stay ahead in business. 1P Office Syetew States �rac �x nee�q " The solution made a tremendous impact ... our sales reps make between 70 to 100 calls per day, so seconds saved on each call can affect our bottom line," —Toby Selix, CIO, Blood Diagnostics, Inc. INTELLIGENT COMMUNICATIONS You have questions ... Avaya and our BusinessPartners have answers! Does my current phone system give my business what it needs? If it is based on old technology, probably not. Your ;ompetitors will be faster and more professional with :he latest in communications software. IP Office delivers :he capabilities that allow you to keep your business ;ompetitive. Do I need to understand the technology to implement it? do. IP Office is designed specifically to give you more unctionality without making more demands on your esources. Rely on your Avaya BusinessPartner for ;upport before, during and after your purchase. to I need to spend a lot? Jot at all. You have choices based on your budget needs. :asy leasing or financing plans not only make your choices i fordable, they help you cut monthly expenses immediately. knd you only have to buy/lease what you need, when you seed it. Is IP technology so new that it's not reliable? With over 90,000 systems deployed worldwide (Avaya is #1 in IP telephony*), Avaya IP Office has the track record businesses like yours can rely on. Aside from receiving the Product of the Year award by Internet Telephony magazine and Editor's Choice Award 2006 by IT Week, businesses like yours are saving money and boosting productivity. Many are even managing the system themselves via menu -driven tools. I have old systems but we are adding an office. Should I consider the new technology? Not only would this be a way for you to experience the rich functionality of the latest communications applications, but we may be able to network with your existing equipment, as well as provide a gradual migration plan for your other locations. Now quickly can I get up and running? A local Avaya BusinessPartner can tailor a solution that's best for you and your budget. *Source: Synergy Research Group "I've never been involved with a faster installation," —Paul Pannell, Telecommunications Engineer, Austin Heart Avaya IP Office At -A -Glance Built-in lnvommof t�rotaiwtibfi1 ion; 2 to rose t17 {:: ^ i :Cq. llxI ;.11r to r MM, AA ii,w$; Lip;{j i Kr Ir a�3:Ic'n 1riitAitlD'n rp rgjtOt;J� #rdfrl { €lr3es, 11t1i 1!�+ . Lit#e1ii��r1C� Ra �e�'-;� �:1CI r~i}.`:I C=ri?(.`►[V�', r�� f+`OI1V% to y"nrit�YRurrl lOit$ Art 8'!f'lrrr,--vj:Ilnill9,' U111fied Ctlrfrd[ Or [ills arC63G� t�chn:i�ogy,� WI1G�if1&I i n� �e�l iS �t�llar� If officw 17as #he.CCr s�r�t 8nd span eS5. Cflstomer Ctxita t` IP 6f iCB is'a 8lIA0 :7f too13 ir7cloc!P &elf -Mate ::a';..��,�a.te��zllar.• Remote rli:�;F'6v: s aril hiss 1."iC inti_e�ra#inn 'sli tli rhi; r,�scfk'`i�?,�. -•- SNiIYtlo�r's-lan5wp, r'7�r111-f1ril�n t�r�IsO�a Movw. adds end huh¢, c�CE.Ac�3 r In TtleAveyn."E'A o,lc of bvMn4ncPar.,51er that will c6w't isSIJas befc;e tilby er.,Jl Three -Year Warranty Avaya IP Office is designed to be highly reliable, and is backed with a three-year warranty on 1P Office hardware and one-year warranty on IP Office telephones, About Avaya Avaya enables businesses to achieve superior results by designing, building and managing their communications infrastructure and solutions. For over one million businesses worldwide, including more than 90 percent of the FORTUNE 500or Avaya's embedded solutions help businesses enhance value, improve productivity and create competitive advantage by allowing people to be more productive and create more intelligent processes that satisfy customers. For businesses large and small, Avaya is a world leader in secure, reliable IP telephony systems, communications applications and full life -cycle services. Driving the convergence of embedded voice and data communications with business applications, Avaya is distinguished by its combination of comprehensive, world -class products and services. Avaya helps customers across the globe leverage existing and new networks to achieve superior business results. ® 2007 Avaya Inc. All Rights Reserved. Avaya and the Avaya Ingo are trademarks of Avaya Inc, and may be registered in certain jurisdictions. All trademarks identified by 0, SM and TM are registered trademarks, service marks or trademarks respectively. FORTUNE 500 is a registered trademark of Time Inc. All otter trademarks are properties of their respective owners. O1/07 • BP3190-03 FACT SHEET 5400 Series Digital Telephones Overview Avaya 5400 series digital telephones deliver advanced productivity -boosting features, including a large display, key labeling and a 100-entry call log. They are designed to be a cost effective choice for any business or contact center using I Office. Capabilities The Avaya 5400 series digital telephones come standard with the following capabilities: • The 5400 series digital telephones simplify access to important features with: — Up to 10 fixed feature keys with global -ready icons: Hold, Conference, Transfer, prop, Redial, Mute, Volume up/down, Speaker, Message and Feature (to access additional dial pad features) — Up to 24 programmable call appearance/feature keys that are electronically labeled (except 5402) — 4 menu/display navigation Keys (5410 and 5420 only) • Call log (48 entries on 5410; 100 entries on 5420) • Local speed dials (48 with 5410, 104 with 5420) • 2-way speakerphone (listen -only on 5402) • Message waiting indicator • Built-in headset jack (5410 and 5420 only) • 8 personalized ring patterns • Hearing aid compatibility • Investment protection with downloadabie firmware (except 5402) • Wall mountable with included desk/wall mount stand • Local language customization for phone menu (except 5402) Benefits The 5400 series telephones bring Avaya state-of-the-art technology directly to your desktop, delivering efficient service, superior voice quality, along with cutting - edge communications features. Label -less call appearance/feature keys simplify administration. Local call log and speed dial directory enhance productivity. EL 1i, Kai la Ws eliminate R�perl�fs; simplriln PO..�te admNS(ratfC and mana$emiint. ..�.... ��r.es ©igltal Telephones Compatible with IP Office Format Digital telephone System' ltequii o#at Any IP Office pl 4 orRt r User Re�ulr@meirt ;Y NR t'rogrammabli: 2 Feature Butt41Rs .. Menu/Dllspfpt . 0 Navigaition ICeya € Display 5rzo:ili 2 x 24 characters): Speakerphone Listen Drily Call Log and`: Yes' Speed Plat Expansion UAiC, No Digital telephone Any IP Office plat'#am NA 12 (on 2 scre0ns 4 v. 5 x V .r. Two way.'.' No. , Digita} telephorT� expansion ut Any IP E ira Ptfilur Any 1P Office -,lea;.,.., corm vw 4� 4`"°tu oa2b phone (2 max pe.['D$;a4uie.zatal 8 max on an lP Off( y IN 24 (on 3 scrt .2d {1 akaj"r1 Twaw71+ 104 Igcal 1�V, sp AbsentText/Accouot Codes/AutovAnswqc�A*MAA (loll Distdbutw i&usy4pzp FialQ;Brir d xppearartce (C Il Appearance/Call Bearing/Call Coverage/Call FnrwardingMil Hist4NIl Inirudeta!r PafkXatl PiClu 00911' Queue/Call. Steal/Call Timer/Call Transfer/Calf WaltingleallbacrdWigr D,solaw/Clear Cal I WsitimV6nferenca Calls, Dial Emergency/bial On Pickup (hotlinQ), Distmr:Ltx" °: ;:i"glDo Not DisfurblFx:e�rtiars?F9 i 3, foltoti r Me Here/Follow Me To/Forward an Bu5y/For4 and 00 No. Answerirerwgrd to Sjec ified Nurn NrlFcrvrarg an Yes Yes Unconditional, Group In-OutlGrpup.Raging Make-Receiv�,:tuxru,,',.„ 6 wsis`]ng Ligbtl,'r0onitnr Calltrjstult+ Language/Mute/Night Service/on Hook Dialing/Park, Queuing irons erroa uaii:; ^ °gsyFxtensioruRecor6-GoIU Radial/Relay On-Off-Pulse/Confereace/Ring Back When free �peea:uiAl ^ n? ,Galt Etibg/suspeRo- Resume/Tlme-Date/faggle CallsNoicemail l oifectfloicemail On4l"No6me ; ii tsiltgaar rew,rs- Adjustment r Directory Access No Yes E-mail Alerts (requires VoiceMail Pro and voicemael a-maiE canfiguredL - No Yes Extension Password Change No No Hands -free Speech No Yes Headset Capability/Hold/Not Desking/Hot Trarlsfer/Least-Cost Routeshifte Appearance- No Yes Personalized Ring No Yea Self Administer/Soft Key Labeling No Yes Note.. 5400 digital telephones are not supported with IP Office Release 3.ODT available in EMEA and APAC ® 2007 Avaya inc. All Rights Reserved, Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ®. SM or TM are registered trademarks, service marks or trademarks, respectively, of Avaya Inc., with the exception of FORTUNE 500 which is a registered trademark of Time Inc. All other trademarks are the property of their respective owners. 01107 • BP2574-03 Technologies, Sharco Technologies, Inc. (Sharco) will provide Client priority access to technology and resources in the event of a systems crisis. Sharco also provides 240 service via dispatch by calling 512-848-0200. k Y We appreciate this opportunity to be of assistance to Town of Prosper and look forward to working with you on this important project and all of your communications needs. If you have any questions, please don't hesitate to contact me at 512-258-0573. Best regards, Sherry Walton President Sharco Technologies OFFICES 512,253.0573 • FAX: 592.258AGOd • 3000 JOE DIMAGGIO BLVD • ROUND ROCK TEXAS 78664