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<br />I <br /> <br />I <br /> <br />I <br /> <br />270. <br /> <br />TELECOMMUNICATION SERVICES AGREEMENT <br /> <br />This Agreement is made this the 5th day of April ,2006, between the City <br />of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and CenturyTel of <br />San Marcos, Inc., P.O. Box 828, San Marcos, Texas 78667-0828 ("CenturyTel") for the <br />provision of telecommunications services to the City of San Marcos (the "Project"). <br /> <br />The City and CenturyTel agree as follows: <br /> <br />ARTICLE 1 <br />STANDARDS OF PERFORMANCE <br /> <br />1.1 The Project generally includes the provision of turnkey services for local, long distance <br />and point-to-point Tl connectivity telecommunications services and the necessary installation, <br />activation and the related on-going maintenance and support services. The Project also includes <br />new or enhanced services that require equipment and/or cable, such as the cable, connectors, <br />jacks, support devices, mounting brackets and boards, racks, proper grounding, interface <br />equipment, service equipment and peripheral equipment. <br /> <br />1.2 In performing all services under this Agreement, CenturyTel will use that degree of care <br />and skill ordinarily exercised by telecommunication service providers that possess special <br />expertIse in the types of services involved under this Agreement. The performance of all <br />services by CenturyTel in connection with this Agreement will be by persons appropriately <br />trained and/or certified under State, local and Federal laws. CenturyTel certifies that it is a Local <br />Exchange Company, Local Service Provider, Interexchange Carrier and a Facilities Based <br />Carrier and that It provides telecommunications services of the nature described in thIS <br />Agreement in its normal and customary course of business. The City, compared to CenturyTelIs <br />relatIvely unfamiliar with the types of products and services required under this Agreement and <br />in executing this Agreement relies on CenturyTel's superior knowledge of these types of <br />products and services. <br /> <br />1.3 No work under this Agreement will be subcontracted by CenturyTel without prior written <br />approval from the City. Any work or services subcontracted under this Agreement will be <br />specified by separate written agreement and will be subject to each provision of this Agreement. <br /> <br />1.4 Any provisions in this Agreement pertaining to the City's review, approval and/or <br />acceptance of written materials prepared by CenturyTel and/or its subcontractors in connectIOn <br />with this Agreement will not diminish CenturyTel's responsibility for the materials. <br /> <br />1.5 CenturyTel will perform all of its services in coordination with the City. CenturyTel will <br />advise the City of data and information CenturyTel needs to perform its services. The City may <br />require a review meetmg with CenturyTel representatives occasionally to evaluate the working <br />relationship between the City and CenturyTel. The objective of these meetings is to address any <br />problems or concerns related to CenturyTel's provision of services under this Agreement <br /> <br />Telecommunications Services <br /> <br />1 <br />