' • ~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: H.A. "B t ~n ~~ MEETING DATE: August 29, 2005 OFFICE: Commissioner, Pct. I TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on Frontera Telecommunications, Ina Contract. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 1 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECENED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Cour[ Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. I~~;~. ~~ J ~~ ~.. 1 '. ~, << t of ` KERB COUNTY ATTORNEY COUNTY COURTHOUSE, SUITE BA-103 ~ 700 MAIN STREET August 25, 2005 County Judge and Commissioners Dear Judge and Commissioner: REX EMERSON KERRVILLE, TEXAS 78028 Given that the new telephone provider does not have either 9-I-1 or "O" access I would like to point out the importance of the County acquiring one of the Court house emergency systems. /'~ ex Emerson MAIN NUMBER (830) 792-2220 ~ HOT CHECKS (830) 792-2221 ~ FAX (830) 792-2228 VOIP LONG DISTANCE TERMS OF SERVICE 1. EMERGENCY SERVICES - 911 DIALING / 1.1 Non-Availability of Traditional 911 or E911 Dialing Service. The Service does not Support `/ traditional 911 or E911 access to emergency services; therefore, 911 dialing is not supported ~ will not work from the Service. ~ICUSTOMER'S INITIALS _.. ____--- 1.5 Service Outages. (a) Service Outages Due to Power Failure or Disruption. In the event of a power failure or disruption in the power supply, the Service, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service. (b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service from functioning. (c) Service Outage Due to Suspension or Termination of Your Frontera Account. Service outages due to suspension or termination of ypur account will prevent all Service from functioning. (d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service may not function. You acknowledge that Frontera is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement. (e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement. 2. SERVICE 2.1 Term. Service is offered on a monthly basis for a term that begins on the date that Frontera activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis unless you give us written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You will also be responsible for the next full month's charges in the event that you do not provide the requisite ten-days notice of termination prior to the expiration of the then-current term. Expiration of the term or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement. We will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. 2-2 Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device or to perform a factory reset of the Device without our prior written consent. We reserve the right to terminate your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such termination, you will remain responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose. ~~~ Page 5 of 8 Telecommunicntions, Inc. 2.3 Theft of Service. You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service. 2.4 Service Distinctions. The Service is not a telecommunications service and we provide ii on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. 2.13 Ownership and Risk of Loss. You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement. 2.14 No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support ~. 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling 3.1 Billing Disputes. You must notify us in writing within seven days after receiving your credit or debit card statement if you dispute any Frontera charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to: Billing Department Frontera Telecommunications, Inc. 2123 Sidney Baker St. Kerrville, TX 78028 -or- sal Iv.tullos Cn fronteratelecom.com 3.2 Taxes. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate. 4. LIMITATION OP LIABILITY; INDEMNIFICATION; WARRANTIES 4.1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: an act or omission of an underlying carrier, service provider, vendor or other third party; equipment, network or facility failure; equipment, network or facility upgrade or modification; force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; equipment, network or facility shortage; equipment or facility relocation; service, equipment, network or facility failure caused by the loss of power to you; outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party; any act or omission by you or any person using the Service or Device provided to you; or any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded. Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period. Ala Page 6 of 8 Telecommunications, Inc. Frontera VOIP LD Platform Local Telephone Company Kerr County Court House Norstar Key System ®~ Dial 9 for Local or Long Distance Or Dial 77 for Long Kerr County Court House End User ~I 911 Trunks Kerrville 911 FRONTERA VOIP EQUIPMENT Kerr County Court House Firewall Public Switch Network Distance Only FRONTERA TELECOMMUNICATIONS VOIP LONGCTION D AGRAM ICE CONNE ,,_ .' i i r ~~ World Wide Web ~ Public Network \\`\ ~__ Eror-tera,., Public Internet Conn+sction Time{blamer Public Internet Conn~t~tion Dial 77 Kerr County LAN Access Group 9 Access Group