ORDER NO. 29986 INTERNET SERVICE', PROVIDER FOR WEST KERR ANNEX Came to be heard this the 23rd day of October, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve replacing current Internet service provider with Bee Creek Communications, Inc. at West Kcrr Annex, and authorize County Judge to sign contracts for purchase of same. ~59~ ' a COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: John D. Trolinger MEETING DATE: October'j,~. ?006 OFFICE: Information Technology TIME PREFERRED: Any SUBJECT: Consider discuss and take appropriate action on replacing the current Internet service provider with Bee Creek Communications Inc. at the West Kerr Annex and authorize the County Judge to sign contracts For purchase of same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: John D. Trolinger ESTIMATED LENGTH OF PRESENTATION: I minutes 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 5:00 P.M, previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: ~a~ 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 Court 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. NC. August 22, 2006 Attention: John Trolinger Kerr County IT Department 700 Main Street Kerrville, Texas 78028 Reference: Ingram Annex Kerr County Courthouse John, Here is a price quote, a copy of our regular pricing and a copy of our service agreement. I have mailed an original service agreement to your attention. Please let me know if you need this in a different format or any additional information. We are excited about the opportunity to work with you. Sincerely, `-iT° ' ' 1 Mindy Flin VP Sales and Marketing Bee Creek Communications 210-710-5588 Bee Creek Communications * P.O. Box 1757 * Fredericksburg, Texas 78624 * (866)-990-1258 INC. August 22, 2006 Attention: John Trolinger Kerr County IT Department 700 Main Street Kerrville, Texas 78028 Price Quote Site: Ingram Annex, Kerr County Courthouse, Ingram, Texas Plan Options: Business PREMIUM (768K-IM) or Business PLATINiJM (1M-1.SM) __--- Special Pricing:` $69.00 Per Month (normal charge is $188.95 per $99.00 Per Month (normal charge is $136.45 per month) Installation for all Business Customers: Mind Flint, Sales and arketing Bee Creek ommunications 210-710-5588 $320.00 Same for all packages Services * Taz amounts may vary depending on location, i.e. within city limits or outside city limits. Home Coverage Areas Services Hosting Services Support FAQ Links Contact Us Local Ads Site Survey SASIC (256K-384K) SILVER (384K-512K) SOLD (512K-768K) 'REMIUM (768K-SM) 'LATINUM (1M-1.SM) standard Business nstallation* SASIC (256K-384K) SILVER (384K-512K) 30LD(512K-768K) 'REMIUM (768K-1MB) 'LATINUM (1M-1.SM) {tandard Residential nstallation* Blusiness Package O~fions Page 1 of 2 With 6.75% With 8.25% Base Price Sales Tax Sales Tax 62.95 65.51 66.08 83.95 87.92 88.80 104.95 110.35 111.55 136.45 143.98 145.65 188.95 200.02 202.48 320 00 One Time charge to set up one computer . Due at installation Residential Packa oe OOO~tions With 6.75% With 8.25% Base Price Sales Tax Sales Tax 41.95 43.09 43.34 52.45 54.31 54.72 73.45 76.72 77.45 83.95 87.92 88.80 157.45 166.39 168.38 One Time charge to set up one mmpu[er Due at installation ................................................................................................. Additional Purchase. motions With 6.75% Base Price Sales Tax ADDITIONAL COMPUTER SETUP (each) 20.00 20.00 ADDITIONAL E-MAIL ACCOUNT (each) 5.00 5.34 WEBSITE HOSTING (monthly) 14.95 15.95 DOMAIN NAME REGISTRATION (annual) 50.00 53.38 Accounts are billed on the 1st of each month for that months service and are due by the 16th. Past due accounts are subject [o a $10.00 late fee. If disconnected for ran-payment, a $25.00 reconnect fee applies. Technical support is availahle via telephone from 8 am [0 5 pm, Monday through Friday, except for holidays. On-site service calls are hilted at a minimum rate of $65.00 per hour with a one hour minimum trip charge. http://www.beecreek.net/htmis/services.htm 8/22/2006 Services Page 2 of 2 Five a-mail accounts are provided with each account. All prices are subject to Customer signing a two-year Service Agreement. Aone-year service agreement is available for an additonal $9.95 per month. An early termination fee of $125.00 applies if cancellation of service occurs before the end of initial lease term. Disconnection of service after the initial term will incur an equipment removal fee of $50.00, unless the new owner/renter signs an agreement to continue service at same location. Bee Creek Communications, Inc. will provide each Customer with one static IP atldress per Interne[ Service Package. Add i[ional IP addresses may be issued with the purchase of larger Business Service Packages. *Standard Installation involves connecting one computer or router to the Bee Creek Communications, Inc. network via an outside wall. Bringing cable through [he attic and down an inside wall and/or the configuration of additional computers or hardware are billed at an additional charge of $85.00 per hour with a one hour minimum charge. Some very remote areas may require the use of additional equipment [hat may be charged to the customer. Business Packages include 35 GB of data transfer per month and Residential Packages include 25 GB of data transfer per month. For data transfers whkh exceed monthly limit, a fee of $35.00 per GB over limit will be billed [o the Customer's account. Prices subject to charge without notice. Revised November 2005 of [he service agreement can be found here. Questions or problems regarding this web site should be directed to Bee Creek Communications, Inc. Copyright ©2003 - 2004 Bee Creek Communications, Inc. All Rights Reserved. Terms of Service http://www.beecreek.net/htmis/services.htm 8/22/2006 . - a<, ~~~=>_ P.O. Box t75] Fredericksfwig, TX ]8624 SERVICE AGREEMENT vmw_boxreeknM Iow1:830.990.t258 toll tree: 866.990.1258 Un this day of 200_, this agreemrnt tr being entered imo between Bee Creek Communicaiom, Inc (hereioatta~ referred to w Provider) and (hwernafta retemed b as Customu) for the purpose ot'receiving wnelesa interne[ at the following address: ("location'0 Provider here's agrees b install equipment ffi the above address in order b provide wkelese intunet services b the Cuebmer listed above. EQUIPMENT: Cmtomer hereby agrees and arlmowledges that any and alt equipmvt issued by Provider wilt remain the sole proputy ofPrwidw and ie to be remmed b Provider m Ne event Orin agreunrnt is temrinated Customer herein agrees tc notify Provider, 30 days in advance, if Cmtomrn mores from the said location eo any and all equipmer can be removed Cusmmu herein shall be liable for any damage ofany nahue from any came b equipmrnt owned by Provider. If each damage occurs while the equipment in under the control of Cmbmer, m dining the Twee terry there wID be a fee not b exceed $700.00 due from Customer b Provider Ibr cos[ of each equrpment. LEASE TERM: The brm of this lease will begin on the date this agreement fr eigrred andwill continue Tor the period of (vextwo) year(s) n,~.ram.rw6atL After the exptrffiiv of this vntraeS it will automatically renew for sucewsive one (1) year temu unless ehlmr of the parties here noted the other m writing, not Ives than thirty (30) days in advance of the expiration date of this agrerment The initial term of this Agreemrnt shell commence v the effective date 6ereivabove provided and expire when the aela:led term is umplele. Alt ve yea untrac6 will be accompanied with a $9.95 +iax equipment rental fee. Two or more year agreunrnfa wiO not have the said charge imposed. Disconnection of service before the end of the initial temr will result m early tennmation fee of $125.00. Diaconvectiv of service after the initial term will incuranequgrment removal fee of $50.00, unless the new owner/ruder eigm an agreanvt to con[hrm service a[ came location. PAYMENT: Payment for tlrie service will begin w the date of this agreemrnt and will be pro-mbd to We fire[ of Ore fogowing mouth. Thueafter, payment wi0 be due and payable v the fast of each and every month. in the evud Cmiomer dcea not pay for the above service by the 16's of wch month, a late fee of $10.00 plus tax wdl be imposed by Provider. In the evrn[ auvice h no[ paid for by the ads of the myth, service wi0 be ampended and a $25.00 f'w will be dwgul t'or reconnection. B'account tr nMpaid iv full, all equipment will be ranoved tins the above captioned premises, customer will be billedfor the remainder of the term o£Ore canimet, and all legal remedies will be taken m collect said delinquart suns[, unless other agreement u made with Provider m pay for said euvices. Credit cards, debit cards and ACH bank drafting are available. Rymuda should be msded b the following address: Bee Creek Communicative, Lrc. P. O. Box 1757 FrcAerickeburg, Texas 78624 Telephve 1-830-990-1258 SERVICE PROVIDID: Provider herein will imtall equipment allowing Cmbmu b connect b wirdese intunet services. Said eavice will be formahed m said Cuetomu'e needs and the price ere[ will be agreed upv in advance of ihu contract being signed. See attached "Exhibit "A" m "F,xhibit A-1^ settivg the parameters ofthe sevice being provided. The sevice may no[ be used to engage in arty conduct that in[aferw with Providu'e abilhy to provide auvrce m ofhew, including the me of excessive bandwidth. Provider wdl insag a danarwtion Tor Cuetomu's equipmrnL Any and all hardware/eoftware beyond the dunarcation is the responsbility of the Customer. For adddional few Provider will hreGll and configure said hardwam/soltware beyond the demarcation point Provider will warrantee addilioml eerviees for a period of30 days. Cmbmer ie reepomible for hardware replacement and eoltware upgrades. This service fr being provided only for legal access b Internet ImmeAiate terminativ will occor if Customer ie found b be wivg Lrtemet access for illegal activities such as baud, child pomogmphy, hackhrg, e-mail apammirrg, Buhr letrahrg, distribution ofvhuaw, and mauthorired uea ofeotlware and/or nelwoh trespassing. For additional ivformstion that will lord m tuminativ of this agreement see Tams ofSmice (attached) and ere fond at::c~~:.;a.;;C:. INDEMfVIFICATTON: Cmtomu shall indemnify and hold hamdese Bee Creek Communicatom, Ina from and agaimt any loss, cost, claim, liability, damage m exprnee (including court costa and reasomble at[omey'a fee inverted by Provider in the defense of such claims) errffard w incurred by third parties, relating to the use of the Service by Cmtomu, Uau,(mu heren shall mean agents and amployew of Cmtorner, and ill other pereom who have access to the equipmrnt b obtain wireless intenrel services, m any ofihen pereomrel) whether ornm Cmtomu or User has knowledge of or here authorvsd such access or nee, including, without limitation, claintt for libel, slander, invaainn ofprrvacy, hrtringemrnt of copyright, patent infrmgemwt (where Cmbmer hw sect, umeded, or rombined the Service wiW We prodwta m services of others) negligence, or tortuous behavior. Cmtamu agrees b indemnify and hold hamdwe Bee Creek Carmnuviwtiom, Ina., slug with any parties with whom Provider is aaeuiated, from any claims resulting from the nee of this service by Cmtomu or its Users that damage anofhu party or violate the law. CUSTOMER RESPQNSIBILTTY: Crammer and its Users shall comply with the terms and conditiom of this Agreement and the Tama of Service atrached hcAo. Any acews b ofhw networks connected to Bee Credo Communicative, Inc. network mint comply with the rules of the other netwoda. SITE MAINTENANCE: Cmtomu will have labor chmgw mrpoaed for ]ow of service not in control of Provides, if Provide bas b visit Iowtiv. Examples: lord drive reforvuta, network device outages, new compute irretallation, wireless radio rebuts, any and all network related problems, any and all hazdwareand/or software installation or applirativ problems. SET-I1P CHARGES: Cmtomer herein agrees b pay Provides herein the sum o£ Dollars f'or a one-time nv-refimdable set up fee. Thin fee is for imtallativ of egmpment and unnectiv to intunet cormeGione. This Ece is b be paid prior b any untract fm aerviees m any othw agreemerda between [he parties herein Infect. SIGNED AND ACCEPTED THIS DAY OF 200 BEE CREEK COMM[JivTCAT[ONS, INC. CUSTOMER SIGNAT[RiE: Print Name 1'rin[ Name I have ales read ffi agree to the TERMS OFSERY7CE agreemrnt as printed v back Customer aigwtme Ec'~~. Pow~^at~ hP~ Fpy~~ t1'Vl (A ?v~2 '~- V-)vP-vl r-eSccl'tS ~"~1 QyW~Xilpn/s PX C-P,~'~'*M, ~1l_l-INS 3v D~s ~s ~Zrt4-t.t S -n L T ~ 7e"w7 /4-t lrrw~~~pr+~~~' ~a'~ r s Pr,~"~ 8~ Sep -U~ 7 SERVICE R6RFEMFM-revitttl May May ~.- ~:~~ Terms o{'Service "nc D;rtrts of uce _,.:3~:w a¢c set guidciires e:_.. gt:~ GKC:EK COAgh4i;fd:CA':-30NL==. ;fdr,;. ratsvnrac~~. `Jioia;ion (=) ~',E„1 res:3;: ;r isr:::xedav:a ctrrsil:.atiar. of ,ervr.~.. Hereafter EEFi C,P.:.c'Y. r. ;diAUN3CP.TC:@5, fti,^, ;^;iA t>a r»:ar,ers m as si:nph: F#~y .^.raak. ;Jess: %iere:n saa3t :rare :agens ars9 ~:maiCyeeS ai Custorra-:, and .iii nCbLr aexri:es .'Ato have a:.c2ss :o if:e eeiPaYdIIt tG obia:n s+iifa;ess inier'ei >a, r;ier5 Fs ar, interrat Ca-r.:ic. Pnav:3•a L+e Crc2k s~^.1: pct censor uny •:~n{errs aae~sing th:cogb its nen•.nr:a :rnlsss ~ :•. i3iegaL =ice .~rrek `. ~:I rxc>xxr2>.a ,:.if?~ apq:op:iatr: authorities ?o :r:v¢r;tiga:a itEega? ;tcY:viry. SKI: $ae Creek intertaf arrcice troy act i>a use^" ?e 9reach. c: rtfsrtp::;: ix~ac!t d:e rera:n cr znety Coin outer Software: Vmrs distribution, haclung, spammmg, chain IMhxing, network trespassing, any unaudtonzed use of software, udbmration, email forgery, hacking, scamming, and any other harmful or illegal aM or action b M with such is prohibited. The service may not be used to rngage m foster any consumer fraud such as illegal gambling, Pyramid, or other invesbnrnl schemes, or other means, items or services originating fiom your account, m though a third party which implicates your account or [o post m transmit off-topic or commercial messaguc on bulletin Mards. Likewise, you may not engage in any of these activities using the service of another ISP. while channeling such activities through your Bee Creek account as a mail drop for responses. The service may no[ be used to engage m any conduct that interferes with Provider's ability to provide service to others, including the use ufexcessive bandwidth. IP Addresses: Bee Creek will provide ONli static TP Address per basic package purchased. Any User of the Bee Creek service may no[ use an @ address not assigned to you forge an}' TCP/IP packM header or any part of the header infomralion m an e-mail m newsgroup posting or probe, scan or [eat the vulnerability of any system or network by the use of sndfers, SNMP tools or any other method. Additional IP addresses may be issued with the purchase o}'the larger commercia Wusiness packages. Euuimment. Software. l'hird Parties: Cuslumers agree m not damage Bee Creek equipment or any other network's equipment Thrs agreement includes damage caused by Viruses, Trojans, Spvwaze, Adwaze and other Malicious Programs and P?P file sharing softwaze. ,any connection to other networks must be accompanied by direct understanding of their trnns of use and policies as well as BEE CREEK CONLVI[.rNICATIONS, INC. policies. In the event that Bec Creek receives noliPcation from any third parties that Users are misusing or not complying with any and all guidelines, terms ofuse, and/or policies, suspension and possible terninalion will be enforced. Any third party software stolen, hacked, m used in any unauthorized way will result in aiminal prosew[ion. Child Pornoaraohv: Any person under the age of eighteen years is deemed a child. The intanel service may not be used to upload, past, transmit or otherwise make available any control that violates child pornography sfahrtw or contains graphic visual depictions of sexual acts or sexually explicit conduct irrvotving children, or other depictions of children, the primary, appeal of which is prurient. Other lessee: Customer and rU Users may not harass, harm, armoy, abuse, threaten, or impersonate other Users over the in[emet. Profane or foul language m expressions will not be allowed. If such action occurs, termination will be immediate and criminal charges may be Cded. This is for the security of our own [tiers and other netwmk users. YJHer~ivz or Narm`uE Enforma~iun. P~_ase be a•: ar_ ?t:ai nc En?~srnef may beef material that is ccarr-ic•~ ur.41 for vie>vcrs t:rder ;tie sac , ebairieao. Ccraih ssrs ca+rfair, pido:es art;i ia:fc:xnaao:t fhe° err..:+rs-iiernd txarrr:ful is r!ataae ar!r, abxare. C.usfar:xa and :fs ;)sets a:r ras(x>teiUie Err ~-s:re9r.:rg :ne viesr!:;y 1:aAif:'. of rniru::5 i;:fr ita`ia i;:tk3 ::: stiffs ~tr~ 6tai y^.i::r,~y dcswtlcatl ?c ensuna ,> ~ :Cast. z: a sa`~; froa~i s:ar.`i Dace. Contents of Information: Bee Creek tak 5 no responsibility for contents passed through our networks. Any misleading wordings of any kind, quality, esphcttness, and or false rcpresen[ations are not under any warranties whatsoever. Limitation o(Liabili[v: Bee Creek shall nut beheld liable for interruption of xervice caused by failure of egmpmrnt, servers, and/or servers by thud parties, communication failures, power outages, or any other causes not in the control of Bee Creek Bee Creek will not be liable for loss of profid, loss of business, Ions of use, anNor lose of business oppormnitics. Bec Creek will no[ warrant an}' equipmrnt if the damage u due to weather (i.e.: lightning), normal weaz, tear and abuse, m any type of intentional damage, etc. Virus ProlMion: Although Bee Creek does fdter fm vwses nn our E-mail servers; the costumer u ultimately responsible for providing tams protection on their own system. Bee Creek u not responsible fur vvus infections. IC it is discovered that a rnsromer has a virus m their system which can aBecl the Aee Creek network, Bee Creek will immediately sepazale that system from the netwmk until the customer eliminates the virus. Atmmsoheric Conditions: From tints to time the Bce Creek network maybe affeMed by weather which is beyond our control and B wnsidered an tie[ of Cmd. Residential vs Commercial Yririne: The service is provided to you far yom personal, non-commercial use, unless you have subscnbed to a Business package. The residential service ramrot be used Fm any rnle:prise purpose whatsoever whether or not the enterprise is directed toward making a profit. If you are operating/performing business transaMiuns from your home, and/or are paling for service with a business cheJc, or corporate credit wed, your account will be charrged [o and charged a business package. Business accounts are given priority during outage situations and have up-load speeds that are twice tie feet as the same s¢e residential package. I have read and agree to ihe'fF.RMS OF SERVICE as described above. Cusbmasignature n.re Trnne of Semce ,emeea Mey 2UUS ~1i. iy,/ r ~ h -'-~ P.O. Box 1757 Fredericksburg, TX 78624 SERVICE AGREEMENT www.beecreek.net local: 830.990.1258 toll free: 866.990.1258 On this day of 200_, this agrggemen is being entered into between Bee Creek Communications, Inc. (hereinafter referred to as Provider) and ~,a~ni~E 0~ k~E'1'~ , (hereinafter referred to as Customer) for the purpos of receiving wireless intemet at thethe fo~owing address: ("location") •° ~ CY AY1cEV. R vra u I t Provider herein agrees install equipment at the above address in order to provide wireless intemet services to the Customer listed above. EQUIPMENT: Customer hereby agrees and acknowledges that any and all equipment issued by Provider will remain the sole property of Provider and is to be returned to Provider in the event this agreement is terminated. Customer herein agrees to notify Provider, 30 days in advance, if Customer moves from the said location so any and all equipment can be removed. Customer herein shall be liable for any damage of any nature from any cause [o equipment owned by Provider. [f such damage occurs while the equipment is under the control of Customer, or during the lease term, there will be a fee not to exceed $700.00 due from Customer to Provider for cost of such equipment.Cusronrs rs nrtrr uAetE rvQOA,.,w~ c'r+"sen ~ PoacE r„ta3,pg o/z Paou