~,l COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: John D. Trolinger OFFICE: Information Technology MEETING DATE: April 12, 2010 TIME PREFERRED: Last SUBJECT: Consider, discuss, and take appropriate action to approve new telephone system service for the county courthouse. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: John D. Trolinger ESTIMATED LENGTH OF PRESENTATION: 4 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: THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: 5:00 PM previous Tuesday @ .M. 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 your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Make sure any and all back up material is attached to this form. Backup will be hand delivered. The proposals are "confidential and proprietary". Courthouse Phone Service Line Change Summary Sheet There is a need to change the courthouse phone service from a Tl(Trunk 1) to a PRI (Primary Rate Interface). There is an echo problem on the existing line that may be solved by the new line. There is also the cost reduction and benefit of the new technology, example caller ID. Please find a summary, below, of each of the three service provider proposals. The eel g service from Windstream is about $200 per month for long distance and about $950 per month for the base services totaling $1150 per month. +~ ~(~ ~ rY~~~-~ Proposals for new service are from Windstream, Hill Country Telephone Co-op, and Time Warner Cable are as follows: Windstream, via existing copper cable, PRI line Windstream long distance rate Hill Country, via new fiber optic cable, PRI line Hill Country long distance rate Time Warner, via new fiber optic cable, PRI line Time Warner long distance rate John D. Troling Kerr County IT Manager $490/month $0.028/minute $558/month $0.075/minute $505/month ~~~ $0.030/minute `"'' `~i p ~ ~ ; ~ ~~ f U~~-~'~~h~Ul ~~ 04/07/2010 10:47:11 AM windstream. wmmunicuNOns AGREEMENT FOR COMMUNICATION SERVICES Contract No. 20100325619 This is an Ageement between Texas Windstream (`Company'), and Kerr County (`Customer'), dated 3/17/2010 (`Date'). Services or Equipment (check as applicable) subject to the terms and conditions of this Agreement: n,P / ISDN PRI / LONG DISTANCE Included as part of this Agreement are the attached TERMS AND CONDITIONS and any applicable executed SERVICE SCHEDULES identifying the specific Services (which hereafter shall where applicable also refer to Equipment) purchased. Upon the earlier of signature below, Company supplying the Service or Customer accepting the Service, the parties are bound by this Agreement in accordance with its terms. CUSTOMER For: Kerr County By: (signature) Name: Patrick Tinley Title: Company: Kerr County Address: 700 Main St. Kerrville, TX 78028 Contact Number: (830) 792-2211 Social Security Number, Tax ID Number or Tax Exempt Status: Tax Exempt (attach documentation): WINDSTREAM For: Texas Windstream By: (signature) Name: Kimberly Dandurand Title: Account Executive Sales ID Number: 0140795 Contact Number: 830-928-4052 Director of Business Solutions: (signature) Director of Business Solutions: David Martin windstream. communications TERMS AND CONDITIONS FOR COMMUNICATIONS SERVICES Term: This Agreement is binding. The duration (or `Term') of each Service is specified on the Service Schedule and begins on the date that the Service is installed and available for use. If no Term is specified, the Term is month-to-month. When a Service Term expires, Service will be provided on a month-to-month basis at Company's existing tariffed rates or prevailing price lists in the absence of a tariff. If Company is required to file this Agreement with a governmental authority, the Agreement.. is effective on the earlier of the date specified herein or approved by the authority. If Customer terminates an Agreement to purchase or rent Equipment, Customer will be required to pay the entire unpaid purchase or rental price of the Equipment and all costs Company incurs for restocking, returning, repossessing, packaging, shipping, installing and delivering Equipment to Customer. Termination by Customer: If Customer terminates a Service before the Term expires, then Customer will be required to pay Company 12 times Customer's monthly charges for terminated Service or Customer's monthly charges times the remaining months under the Agreement if less than 12 months. Customer also will be responsible for all outstanding chazges for Services Customer used prior to termination. If Customer received a bundled rate for multiple Services and Customer unbundles, terminates, or disconnects any of the Services, then the rate for Customer's remaining Services will be adjusted to the non-bundled rate. Tf Customer changes the service address or the location of Service, then Company may terminate the affected Service.", "If Customer terminates a Service before the Term expires, then Customer will be required to pay immediately to the total payments remaining under the Tenn of the Service. For example, if Customer ordered 60 monthly installments of $100 each, but terminates the Service at the end of 45 months, the Customer will pay $1500 (or the remaining 15 months x $100). Company may waive this requirement in the event that Customer moves or changes Service to another Company product or service of equal or greater value. Customer also will be responsible for all outstanding charges for all Services Customer used prior to termination. If Customer also received a bundled rate for multiple Services and Customer unbundles, terminates, or disconnects any of the Services, then the rate for Customer's remaining Service will be adjusted to the non-bundled rate. If Customer changes service address of the location of the Service, then Company may terminate the affected Service. Termination by Company: The following actions will have negative consequences to Customer's Service: (a) Customer does not honor this Agreement; or (b) Customer uses the Service in an adverse manner; or (c) Others use the Service fraudulently or unlawfully while on Customer's premises or while the Service is under Customer's control; or (d) Customer or others use the Service in an excessive, abusive, or unreasonable manner that is not customary for the type of Service; or (e) Customer resells any Service; or (f) Customer uses the Service to aggregate other persons' traffic. In any of these instances, Company will limit, interrupt, or terminate Service and may restore Service if Customer corrects the violation and pays all outstanding amounts owed including restoration charges. In any of these instances, Company also may enter the premises, repossess and sell the Equipment, and apply the proceeds to the amounts Customer owes Company. Company may choose to redeliver and reinstall the Equipment if Customer corrects the violation and pays all outstanding amounts owed including restoration chazges. Customer grants Company a first priority security interest in the Equipment, which remains personal property even if it is attached to real property. Upon Company's reasonable request, Customer will execute any document necessary to perfect or continue the security interest. Charges for Services: Customer is responsible for paying all charges that apply to the Service, including items such as features, installation, repair, restocking, long distance, and directory or operator assistance. Customer also is responsible for taxes, surcharges, fees, and assessments that apply to the sale and use of the Service. Company may bill Internet access in increments. Customer cannot carry over unused Internet Service hours to subsequent monthly billing cycles, and Company may measure access time from the time the port is seized to the time the port is released by Customer's computer. Customer is responsible for paying all charges that apply to the Equipment and taxes, surcharges, fees, and assessments that apply to the sale and use of the Equipment. windstreamW communications Delivery and Installation: Company will deliver and install the Service or Equipment in accordance with Company's standard practices and requirements. Customer is responsible for providing an environment that is suitable for the Service or Equipment and for all delivery and installation costs incurred by Company. Billing Information: Customer will provide Company with the correct address to obtain Service, and Customer acknowledges that Company is relying on this information to determine which taxes, fees, or surcharges apply to Service. Customer will notify Company if Customer's address changes. If Customer does not provide a valid address, Customer will be responsible for any additional taxes, fees, or surcharges for Services that result from Customer's error. Payments: Company will bill Customer monthly for the Service, and Customer will pay the changes in full either on the due date indicated on the bill or within 30 days of the date on the bill. If Customer authorizes payment of Service by credit card or debit, then Company will not obtain further consent or provide additional notice before invoicing the credit card or debit for all amounts due and owing. Company may accept late payments, partial payments or any payments Customer marks as being `payment in full' or as being settlement of any dispute without waiving any rights Company has to collect full payments from Customer or to terminate this Agreement. Customer will be responsible for paying all costs and fees Company incurs as a result of collection Customer's unpaid balance. Customer shall pay the [monthly /annual] maintenance charge of the Equipment set forth in the Equipment Itemization. The first [monthly /annual] maintenance chazge shall be payable in advance on the commencement date of this Agreement and on the ( )day of each [month /year] thereafter. Customer agrees that any amounts paid by it to Company shall be first applied to the payment of amounts due hereunder, unless law or regulation directs otherwise. Customer agrees to pay interest on any amount payable under this Agreement that is not paid when due at rate equal to the lesser of (i) two percent (2%) per month or (ii) the maximum rate permitted by applicable law. In no event shall Customer be obligated to pay interest at a rate in excess of the maximum permitted by law. Late Payments: If Company does not receive any portion of Customer's payment when it is due or if Company receives any portion of Customer's payment in funds that are not immediately available, then Company will assess a late payment penalty. Company will add the last payment penalty to the other amounts Customer owes and will calculate the late payment penalty as the total amount Customer owes times .000590 per day, compounded daily for the number of days from the payment date to and including the date actually received in immediately available funds, or the maximum lawful rate allowable by law. Disputed Bills: Customer agrees that Customer has a re~onsibility to review bills in a timely manner and that Customer may dispute any portion of a bill in good faith. To dispute a bill, Customer must deliver to Company in writing the specific basis for the dispute within 30 days after the date on the bill. If Customer complies with dispute process, Customer may withhold disputed amounts from Company until the dispute is resolved but is responsible for paying Company for all other undisputed charges. Customer agrees that Company denies and Customer waives automatically any dispute that is not filed until one year or later after the date of issuance of the applicable bill or invoice. Contracting Parties: Customer and Company agree that each has the right to address billing and other payment issues that may arise under this Agreement directly with the other party. Company has the right to refuse to address billing and other payment issues through a consultant or external party representative designated by Customer and to address such issues directly with Customer. Credits and Deposits: Customer authorizes Company to ask credit-reporting agencies for credit information about Customer. Company may require Customer to submit an initial security deposit and an additional deposit if Customer increases Services or Customer's credit rating changes. Simple interest will be paid on the cash deposit for the period Company holds deposit and will be refunded if satisfactory credit has been established or upon termination of Service. Company at its discretion may apply the deposit to any amount due and unpaid and may require a guarantee of payment by an individual or entity approved by Company. Internet Access Service: windstream. commonicotians Company provides Internet access Service subject to its Acceptable Use Policy available via a link on Company's website. Company's Acceptable Use Policy generally provides that Customer may not use the Internet access Service to engage in illegal activity or any activity that unreasonably interferes with other users' use and enjoyment of the Internet. Company's Acceptable Use Policy may change, and Customer must review the policy periodically and comply with any changes. Personal Identifiers: Personal identifiers are a means through which Company provides and invoices Customer for Service, and they include telephone numbers and a-mail addresses. It is not Company's policy to change arbitrarily personal identifiers, although Company may be required by a governmental authority, regulation, or otherwise to change personal identifiers. Customer understands that personal identifiers are not Customer's property. (For example, in the case of an area code split, Company may be required to change Customer's area code.) Company may change personal identifiers upon reasonable notice, including notice of any associated transfer charges or fees. Centrex Service: If Customer subscribes to Centrex Service, within 30 days of the date of this Agreement, Customer and Company will agree on the specific features and functions and minimum lines and groups to be provisioned. Company will have the right to bill Customer at Company's hourly rate for all programming, installation, or other labor associated with any adjustments to features and functions and services after Company initially provisions the Centrex Service. Other Service Charges: All Service charges not addressed in this Agreement will be charged in accordance with Company's tariffs or price lists established by Company in the absence of tariffs. Extended Warranty Plan Not Chosen: Customer hereby acknowledges by its initials at the end of this paragraph that it has reviewed Company's extended warranty plan options described in the Maintenance Plan ("Extended Warranty Plan") which is attached hereto and chooses not to subscribe to an Extended Warranty Plan. Customer acknowledges that by choosing not to participate in an Extended Warranty Plan, Customer will not receive preferred rates on any required parts provided by Company to Customer, or parts performance guarantees. Customer Initials: Exclusion from Service: Expressly excluded from the services provided by Company under this Agreement are repairs or maintenance of any kind for damage to or failure of the Equipment resulting from Improper Operating Conditions (as hereinafter defined), misuse, negligence, tampering, accident, abuse, fire, flood, wind, act of God with the exclusion of lightening or public enemy, wiring, repair, or alteration by anyone other than Company without Company's prior written approval, parts which have been damaged or consumed by pests or domestic animals, or lost or stolen parts, and any other repairs, replacement or maintenance except repairs, replacement or maintenance resulting from normal use of Equipment. Repairs necessitated by any of the above excluded causes shall be made by Company if so requested by Customer and Customer agrees to pay Company for such repairs at Company's then current rate on a time and material basis. As used herein, the term "Improper Operating Conditions" means any condition(s) that adversely affect(s) the existence or operation of the Equipment including, without limitation, improper temperature, lack of ventilation, excess dust or other airborne matter, exposure to chemicals or electrical supply not in conformity with the specifications for the use of Equipment. This Agreement does not provide coverage for the following: Software materials, software corrections or programming, removable media or programs, data or other material contained on the removable media including, but not limited to records, removable disks, tapes, films or cassettes. In addition handset/line cords, wiring, cabling, headsets, jacks, batteries for power supplies or backup systems, or expendable items such as bulbs, batteries, fuses, power conditioners and surge protectors are not covered. Additions, Relocations or Removal: Installations of additional equipment, relocations of any of the Equipment or removal of any of the Equipment are not included in this Agreement. Company shall, upon the Customer's written request, provide such maintenance and repair services as are necessary and available with respect to the Equipment to add thereto, to change or relocate the Equipment. Company will not remove any of the Equipment. The Customer agrees to pay additional charges for such maintenance and repairs at Company's then current rate on a time and material basis. Maintenance for any additional equipment or features ordered by the Customer are subject to Company's prevailing price (if any), otherwise at Company's time and materials rate windstream. communicntians at the time orders are placed. Company may, at its option, terminate this Agreement in the event that the Equipment is moved to a different location. Advertising or Publicity: Neither Customer nor Company will use the others party's name, marks or trade names in any publicity, releases or advertisements without first securing the other party's written approval from an authorized representative. Software License: To the extent that any Service or Equipment contains any licensed software, Customer will use the software solely in connection with the proper and lawful use of the Services or Equipment. Risk of Loss: Once Services or Equipment is delivered to Customer, then Customer bears the risk of loss of the Services or Equipment. Privacy and Customer Proprietary Network Information: Customer understands that Company may monitor and record Customer's communications to Company regarding Customer's account, Services or Equipment and for quality assurance. Company may release information it has about Customer and Customer's account when Company is reasonably required by law to do so and if necessary for the purpose of assisting Company in providing Service to Customer or if Company reasonably believes that an emergency exists. Company may analyze Customer's account and usage information and share this information with Company's affiliates to communicate with Customer regarding services or equipment that may become available. Customer may notify Company if Customer does not want Company to provide such information to other Company affiliates for this purpose. Theft and Fraud: Company is not responsible or liable if Service is lost, stolen or misused. Customer will indemnify and hold harmless Company for all usage, charges, and liability incurred before Company received notice from Customer of such loss, misuse, or theft. Customer is responsible for taking security measures to safeguard Equipment and Services and agrees that Company is not liable for fraudulent use of Equipment or Services caused by Customer not taking such measures. Customer will cooperate in the investigation of fraud or theft and provide such information that Company may request reasonably (including affidavits and police reports). Limitation of Liability: COMPANY LIABILITY FOR SERVICES OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT WILL NOT EXCEED CUSTOMER'S PRO-RATED MONTHLY RECURRING CHARGE FOR SERVICES DURING THE PERIOD IN WHICH THE DAMAGE OCCURS. IF CUSTOMER'S SERVICE IS INTERRUPTED, COMPANY'S LIABILITY WILL BE LIMITED TO A PRO-RATED CREDIT FOR THE PERIOD OF INTERRUPTION. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEY'S FEES, COMPANY WILL NOT BE LIABLE FOR ANY ACCIDENT OR INJURY CAUSED BY SERVICES OR EQUIPMENT, AND CUSTOMER ACKNOWLEDGE THAT THE PRICING OF SERVICES REFLECTS THE INTENT OF THE PARTIES TO LIMIT COMPANY'S LIABILITY AS PROVIDED HEREIN. THIS SECTION SURVIVES AND CONTINUES AFTER THIS AGREEMENT ENDS. Disclaimer of Warranties: SERVICES AND EQUIPMENT ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON- INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BROADBAND SPEEDS, TRANSMISSION QUALITY, AND ACCURACY OF ANY DIRECTORY LISTINGS ARE NOT GUARANTEED. NO ORAL OR WRITTEN ADVICE OR INFORMATION BY COMPANY'S EMPLOYEES, AGENTS OR CONTRACTORS SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION. COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE QUALITY, CONTENT, ACCURACY OR VALIDITY OF THE INFORMATION OR DATA RESIDING ON OR PASSING THROUGH OR OVER THE NETWORK. THIS SECTION SURVIVES AND CONTINUES AFTER THIS AGREEMENT ENDS. Emergency Services or 911 Access: windsLream. communications CUSTOMER ACKNOWLEDGES THAT CERTAIN SERVICES, CUSTOMER PREMISE EQUIPMENT, AND SERVICE CONFIGURATIONS MAY NOT PROVIDE ACCESS TO 911 SERVICES OR TRANSMIT THE LOCATION OR EXTENSION IF CUSTOMER ATTEMPTS TO ACCESS 911 SERVICES IN AN EMERGENCY. Examples include voice over Internet protocol, Centrex, and private branch exchange. By signing this Agreement, Customer acknowledges that Customer has read this disclosure. By proceeding with use of Services or Equipment, Customer assumes all responsibility and risk of harm, loss, or damage in the event that 911 access fails, is not possible, or does not provide the address, correct address, extension or other information to emergency authorities. Applicable Law: This Agreement and the provision of Services and Equipment are subject to the laws of the state in which the Service and Equipment are provided to Customer and any applicable federal law or Company tariff. Where this Agreement covers Services or Equipment in multiple states, then this Agreement and the provision of Services and Equipment are subject to the laws of the State of Delaware. Assignment: Company may assign this Agreement to an affiliate or acquirer of all or substantially all of Company's assets without any advance consent from Customer. Customer may not assign its rights and obligations under this Agreement without Company's consent, which will not be unreasonably withheld, conditioned, or delayed. No Waiver; Severability: If Company does not enforce any right or remedy available under this Agreement, that failure is not a waiver of its rights or remedies. If any pazt of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in force. Third Parties: This Agreement is for the benefit of Customer and Company only, and not any third party. Confidentiality: Except in those instances where this Agreement is required to be filed with a governmental authority, Customer and Company agree that this Agreement together with its attachments and Service Schedules contains proprietary and confidential information and shall not be disclosed publicly to any third party. Entire Agreement: This Agreement, including the attached schedules, is the entire Agreement between Customer and Company and may be amended only in a writing signed by Customer and an authorized Company representative. This Agreement supersedes any and all statements or promises made to Customer by any Company employee or agent. Signatures: This Agreement may be signed in counterparts, and facsimile copies may be treated as original signatures. Company also may execute this Agreement via a verifiable electronic signature. Customer Initials: Date: windstream. communications Service Schedule: Wireline Company Name: Kerr County Contact Number: (830) 792-2211 Wireline Service: PRI Term: 6G ?~lunths Bundle Service Elements: Contract No.: 20100325619 Date: 3/17/10 ~~ f~ si~~~'~~~ ~ ~~ Description of 5ertiice : ,~. ~ {~ ~ ~' . Quantity° ~ ~ '~lonlhly5er~icc . Charge/1'nit Tnt:~l Monthly' 5cn ice Char~~cs Cotal'~on- fiecurrint; Cfiar~Tcs 7iital Char[;ce ISDN PRI Service- including 150 DID Block 1 $490.00 $490.00 $0.00 $490.00 5000 MOU Lon Distance 1 $140.00 $140.00 $0.00 $140.00 ~r~t~i $630.00 $0.00 $630.00 Customer Initials: Date: H i I I Count Hill Country Telecommunications Communications Services Agreement This agreement is made by and between HILL COUNTRY TELECOMMUNICATIONS (hereinafter referred to as the "Hill Country"), and KERB COUNTY (hereinafter referred to as the "Customer"), and sets forth the terms and conditions for: Optical Fiber Telecommunication & Broadband Services including Internet Access Hill Country and the Customer hereby covenant and mutually agree as follows: I. SCOPE AND DESCRIPTIONS Symmetrical broadband service over Hill Country fiber will deliver broadband Internet connectivity, voice telephony services and custom phone features, dedicated circuits such as PRI (Primary Rate Interface) and associated services as itemized on the attached product and rate sheets. Hill Country optical fiber will be connected to the Customer's network operations center located inside the: Kerr County Courthouse 700 Main Street Kerrville, TX 78028 Kerr County will allow access for these connections to Kerr Country equipment through the conduit that Kerr County owns or has jurisdiction over. The Optical Network Termination unit provided by Hill Country will serve as the demark and is the property and responsibility of Hill Country. The operational characteristics of interface signals between Hill Country provided connecting arrangements and Customer provided equipment must conform to Hill Country specifications. Page 1 of 4 II. RESPONSIBILITIES and SERVICE LEVEL AGREEMENT Hill Country shall provide this bandwidth at the rates listed in section III. PRICING of this Agreement. The rates and charges for this service contemplate the use of standard operative equipment and serving arrangements. Hill Country shall not be responsible to the Customer or authorized user if changes in protection criteria or in any of the facilities, operations, or procedures of Hill Country render any customer- provided facilities obsolete, require modification of, or otherwise affect the use or performance of such facilities. Hill Country Network Availability 99.9% guaranteed uptime Network availability is defined as the Hill Country Internet network is guaranteed to be available and capable of forwarding IP packets 99.9% of the time, as averaged over a calendar month. The Hill Country network includes the customer's access port or the router where the circuit terminates. The Hill Country network availability guarantee does not include the local access circuit, Customer Premise Equipment or customer's Local Area Network (LAN), scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity with other Internet Service Provider (ISP) networks. TROUBLE REPORTING: In the event the Customer is experiencing difficulty accessing the full capacity of this service the Customer will contact Hill Country's Technical Support and have a, trouble ticket opened to coordinate the repair of the service. Outage time begins at the date stamp of the trouble ticket and ends when Hill Country notifies the Customer that the problem has been resolved and the full capacity of service is available to the Customer. If the network availability guarantee is not met in a calendar month and the above steps have been taken, the Customer will initiate a request for credit and will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each day of outage in excess of 99.9% under this Service Level Agreement. Hill Country's total liability to the Customer under this SLA is limited to the monthly recurring charge for the affected service for the month in which the disruption did not meet the guarantee. Hill Country is not responsible for failure to meet performance objectives for any of the following reasons: 1) The negligence of the customer or others authorized by the customer to use the service. 2) Interruptions or delays due to the failure of power, equipment, services or systems not provided by Hill Country. 3) Interruptions or delays due to other provider's access lines or Customer Premises Equipment. Page 3 of 4 4) .Interruptions or delays during any period in which Hill Country technicians can gain access. to the premises where access lines associated with the services are terminated. 5) Interruptions or delays during any period when the Customer or user has released a service to Hill Country for maintenance, configuration purposes or for the implementation of a service order or interruptions or delays during any period when the customer elects not to release the service for testing and/or repair and the customer continues to use service. 6) Interruptions not reported to Hill Country or where there is a trouble reported, but no trouble found. 7) Interruptions or delays due to labor difficulties, governmental orders, civil disturbances, acts of God and other circumstances beyond Hill Country's reasonable control. III. PRICING The rates for services are itemized on the separate sheet titled EXCLUSIVE KERB COUNTRY BROADBAND RATE FOR INTERNET CONNECTIVITY which is attached to and made part of this agreement. Rates posted on that EXCLUSIVE KERB COUNTRY BROADBAND RATE FOR INTERNET CONNECTIVITY rate sheet are guaranteed not to increase for a period of five years from the date this contact is executed. However, in the event that rates decrease in the five year period following the execution of this agreement these rates will be adjusted to the lower amount. INSIDE WIRING: The prices listedthe attached EXCLUSIVE KERR COUNTRY BROADBAND RATE FOR INTERNET CONNECTIVITY include service to the ONT/demark. Additional wiring inside the customer premise to connect the ONT/demark to the customers network port will be charged at $ 72.50 per hour Plus $ 0.25 per ft for Cable STATIC IP ADDRESSES: One customer usable public Static IP Address is included with each fiber connection. Additional Static IP Addresses are $ 25.00 one-time set up Plus $ 5.00 per IP Address per month If the customer needs more than six (6) static IP Addresses the customer must justify their request by completing the STATIC IP ADDRESS JUSTIFICAN form which ARIN (American Registry for Internet Numbers) requires of Hill Country. Page 4 of 4 IV. LIABILITY The Customer agrees to indemnify and save harmless Hill Country from all claims for damages arising in connection with the famishing of this service. V. TERMS OF AGREEMENT Hill Country agrees to provide services and Customer agrees to pay for services for a period of one year. The initial term of this agreement shall commence at date service is installed and made available for customer use. After this agreement is approved and executed and thereafter maybe terminated by either parry by giving sixty (60) days advance notice in writing to the other party. TERMINATION BY THE CUSTOMER: The Customer will be responsible for all outstanding charges for services the Customer used prior to termination. TERMINATION BY HILL COUNTRY: This Agreement may also be terminated at any time by Hill Country after the conclusion of the initial term of this Agreement and upon not less than ninety (90) days written notice to the Customer. In addition the following actions will have negative consequences to Customer's Service. Upon approval as indicated by the signature below, Hill Country supplying the service and the Hospital accepting the service, the parties are bound by this Agreement in accordance with its terms. HILL COUNTRY TELECOMMUNICATIONS By: KERR COUNTY By: Date: Marc Hess Senior Solutions Specialist HCTC /Hill Country Telecommunications PO Drawer D, Ingram, TX 78025 mhess@hctc.coop 830-367-6362 Date: John Trollinger Kerr Country IT Manager Kerr County 700 Main Street, Kerrville, TX 78028 itrollin~er@co.kerr.tx.us 830-896-9007 Hill Country CLEC Business Rates Exclusive Kerr. County BROADBAND Rates for Internet Connectivity Symmetrical Fiber to the premise includes installation of an ONT with Ethernet hand off to customer network and all cost related to ingress to the Kerr County network operation center:. BANDWIDTH: 1 YEAR 2 YEAR 3 YEAR 20/20 Mbps $ 439.00 $ 400.00 $ 371.00 per month no set-up costs 30/30 M bps $ 592.50 $ 487.50 $ 445.56 per month no set-up costs 50/50 M bps $ 987.50 $ 812.50 $ 753.92 per month no set-up costs 100/100 Mbps $1,604.69 $1,320.31 $ 1,225.13 per month no set-up costs 500/500 Mbps $6,171.88 $ 5,078.13 $ 4,712.03 per month no set-up costs IP ADDRESSES: One customer usable public Static IP Address is included with each fiber connection. Additional Static IP Addresses are $ 25.00 one-time set up Plus $ 5.00 per IP Address per month PRI CIRCUITS: 1 YEAR 2 YEAR 3 YEAR Kerrville Exchange $ 600.00 $ 588.00 $558.00 per circuit/per month No set-up Costs VOICE Business Lines (POTS) $17.00 per line/per month Key Lines (rotary hunt groups or connect to your PBX) $19.95 per line/per month P~~PflSAI err ~un~ ~ur~~s~ Decfic~ted 6nteret Access ~ Telepl~li~ne PRI F~ropes~f February 16, 2010 Ryan M Brown Time Warner Cable Business Class 900 Sidney Baker St Kerrville, TX 78028-3353 CONFIDENTIALITY NOTICE -This proposal, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. This Proposal and any of its attachments may contain Time Warner Cable proprietary information, which is privileged, confidential, or subject to copyright belonging to Time Warner Cable. PRICING DISCLAIMER -Tax exempt entities may be asked for a form to be kept on file. Unless otherwise noted, all third party charges are subject to change during the service term. In addition, Time Warner Cable's proposed pricing is based upon the set of requirements set forth in the RFP. If the customer alters those requirements, Time Warner Cable reserves the right to adjust its proposed pricing. ~c TIME WARNER CABLE Business Ctass PRUP'OSAL ~~~~~~ c~~~~~~~~~~~ Time Warner Business Class is a service of Time Warner Cable, providing high-speed Internet access, Metro Ethernet, and Voice services to businesses of all sizes. More and more organizations with geographically dispersed branch offices and teleworkers are relying on Time Warner Business Class for enterprise-wide connectivity. With an extensive network and unprecedented customer support, Time Warner Business Class delivers the service and reliability your company needs to do business. National Presence ' Libby. Coeur d'Alene ....i'uil.~~a;~ , - ~ .., Gunnison LoSArgelcs" PalmSpriny; Sao Dicc-' 1'wn~ [I ~ a50 _;~~ le~oi~lu ~,.. . _. 'Green Bay ',~~ Por 'z;~d i Rnc'.ester Albany Milw~rukee;, ~ Buffalo .Syracuse. Cleveland. I~ncafn Akra~~ ;,tev.ibrki:ity Davton Coh,rr.bvs Y.ansas~lty Cincinnati -- Greens4oro Charlotte Faielq`~ Wirl-teFalis ~ ~ ~ ~ Columhla ~'2ilmington ~ree~wood r':yrtle Beach Gallas r iikon Head Ck lh3'1 4unln Sae 4r.tonio `-"-aumont ' larva" C~rpusChristl ~Rlo Grande Valley ~c TIME WARNER CABLE Business Class a PROP'OSAI BeneFits Time Warner Cable Business Class provides nationally acclaimed, unparalleled products and services, including Voice, Data, Security, and Video solutions to businesses of all sizes. Our locally-based staff is available to work with you to build a scalable solution for your business. On the following pages you will find a description of our products and services. We will work with you to tailor the right combination of services and support for your business. Su~Ort & ~Or~it;~ril~ Time Warner Business Class provides end-to-end monitoring of the Metro Fiber Optic and Hybrid Fiber Coax (HFC) network, ensuring reliable and secure operations. Plus, an in-state customer support center is available for Time Warner Business Class customers 24 hours a day, 7 days a week. In addition to telephone support, our customer care includes a Web site that offers self- support, a-mail support, and online chat for instant resolution to any questions or issues you may have. Direct access to our Texas Commercial Support team is available 24x7 at 866-519-1263. ~c TIME WARNER CABLE Business Class RR~POSAL U~I~at is Dedicated Access Dedicated Access is a data service that provides businesses with a dedicated, fiber connection between and among branch offices and teleworkers, as well as Internet connectivity. Whether you need video conferencing, collaborative session capability, or simply a redundant connection to the Internet, Time Warner Business Class can help. Our Dedicated Access Solutions applications are scalable from 1 Mbps to 10 Gbps and includes: > Point-to-Point Connectivity (with or without Internet access)-providing dedicated interconnectivity between two facilities; Road Runner Snsinoss Glass - Dedicated Access Solalions Point to Point Gannectiviiywith Internet Access .;_~ , > Point-to-Multipoint Connectivity (with or without Internet access)- providing high- capacity connections between multiple offices; ~c TIME WARNER CABLE gtlSttl@SS CI~SS `~ Road Ranaer 6usinass Cfass - IIediceted Accass Satuiians Pointio Mu@ipa@nt Gonneefivily with Imarnot Accass ~13a~ns~~ > Teleworker Aggregation- providing teleworkers with reliable access to headquarters; Road Runner Business Class - t)edicated Access Solutions Teleworker kggragation ~' xu.w,-~.F. y'. t~ .Q ~ :, -~* w~w.„,«~a.,,~ > Internet Access-providing high-speed Internet access. TIME WARNER CABLE Business C{ass Asad Annnar Ausiness Claas • t)edicatad Access Solutions Intarnet Accasa Pf;ClF~3Al ~1l1}~at is business Mass PRi Time Warner Cable's Business Class PRI (Primary Rate Interface) is an IP-enabled voice solution that allows your business to obtain a highly reliable and cost-effective voice service, delivered over our scalable fiber optic network. TWCBC's PRI service supports simultaneous voice calls using an industry standard primary rate interface T-1, which operates over Time Warner Cable Business Class' wholly owned network. From a dedicated fiber connection, voice IP signals are converted into PRI protocol, enabling businesses to use their existing equipment and keep their existing telephone numbers. Business Class PRI can be customized to fit your specific business needs now, and easily upgraded with just a phone call in the future. Business Class PRI features: • • Unlimited Local Service Calling Plan • • 23B+D Configuration • • Caller ID for Inbound Calls • • Direct Inward Dialing (DID)/Direct Outward Dialing (DOD) • • Online Call Detail • • On-Demand Analysis Reports • • Inbound/Outbound Call Blocking Options • • Calling Name and Number Deliver for Outbound Calls ~c TIME WARNERCASLE BIISIt1@SS C~BSS aRO~asa~ ~r~er/PrO~i~iOnig/~estin To ensure maximum performance levels of your Dedicated Access Solutions, Time Warner Business Class follows a proven process for atop-notch implementation of the customer's order provisioning and testing phases. Order Process~Jpon receipt of your order, Time Warner Business Class (TWBC) enters the necessary information in our order and provisioning system. A design document is developed that is utilized to order equipment. At this stage we identify the network components for proactive planning and monitoring. Provisioning Process~uring the provisioning phase, TWBC performs all the necessary actions to implement your connectivity requirements. In this stage all requirements, including monitoring requirements, are submitted to the Time Warner Global Network Operations Center (GNOC). The next step is to schedule resources for implementation and ship the equipment to your premise. Once received, an TWBC representative configures your equipment and prepares our staff of network engineers and Customer Support Center (CSC) to manage your account. At this stage TWBC provides the customer with information for customer care contacts as well as the process to follow for obtaining support and service. Testing Process~nce implementation is complete, TWBC will test the operability of you network, verifying that the Time Warner GNOC is properly servicing and monitoring your connections. Upon the customer's acceptance this process is successfully completed. g1~~1>l~ Q~iC}I~iS Time Warner Business Class provides flexible billing options for Dedicated Access Solutions, based on your unique requirements: > Flat Rate (Fixed) Billing-With this option, you pay a flat monthly rate for guaranteed bandwidth connections to the Internet and for point-to-point and point-to-multi-point connections. > Low Cost Usage Based Long Distance Services -With Business Class PRI, you pay a low monthly rate for outgoing calls outside your local rate center. 71ME WARNER CABL£ Business Class PAQP'~SAI `~e~s ~oss~~sm~r~ C3ediceted En~ernet ~kccess ~,es~lT~ent /Profile The Dedicated Internet Access solution provides an Ethernet based data connection over our high capacity regional data network directly to our redundant internet Point-of-Presence. Time Warner Cable interfaces with several Tier-2 Pops across the state and nation including Level 3 and ATDN. With Time Warner Cable's Dedicated Internet Access we will provide a 100% committed information rate (CIR) not only on our transport but also with bandwidth out of our POPS, so your services are not oversubscribed and shared. ~US$OCYter ~ri~erfc~C~ For each end-point Time Warner Cable will provide a Cisco 3400 gigabit Ethernet media switch to carry your traffic across our regional fiber loop. The media converters will terminate with an industry standard Gigabit RJ-45 interface or a fiber SFP module that can be interfaced into any standard network router or hub. PRI voice services will be delivered by standard T1 based 23B+D channel. ~c TIME WARNER CABLE Business Class PRf1POSAl F~ro~S ;~~~~c~n ~~~~~~ ~e~l~i~el~~l-~~ 20x20 Mbps Dedicated Internet Access 1-2 PRI Interface(s) 23B+1 D Channel ISDN 200 DID Numbers (can be ported) ~anthly Service urges _.. Data Services Voice Services Total Monthly Installation Current 1 PRI & 2 PRIs & 10x1.5 Mbps Internet , 20x20 Mbps Internet ' 20x20 Mbps Internet s 334.37/mo _ ~ $ 590.00/mo $ 490.00/mo ' s 505.00/mo ' s 980.00/mo $ 334.37/mo $ 1O95A0/mo ' s 1470.00/mo s 350.00 $ 700.00 Unlimited local calling included on all PRI services. Long distance charges for outbound telephone calls will be billed at a rate of $0.03 per minute. Deliverer Tir~~eframe 60-days maximum from signing for Dedicated Internet Services. 90-days maximum from signing for PRI Telephone Services (porting). CONFIDENTIAL CONFIDENTIALITY NOTICE -This proposal, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. This Proposal and any of its attachments may contain Time Warner Cable proprietary information, which is privileged, confidential, or subject to copyright belonging to Time Warner Cable. PRICING DISCLAIMER -Tax exempt entities may be asked for a form to be kept on file. Unless otherwise noted, all third party charges are subject to change during the service term. In addition, Time Warner Cable's proposed pricing is based upon the set of requirements set forth in the RFP. If the customer alters those requirements, Time Warner Cable reserves the right to adjust its proposed pricing. (~'lc TIME WARNER CA8[_E Business Ctass PROP'~SAL Time 1/If~rr-~er Cabe ~e~resel~ltti~re - C®rlfi~ct lfOri-a~iOt~1 Time Warner Cable Business Class 900 Sidney Baker St Kerrville, TX 78028-3353 Ofc :210-582-9522 Cell: 830-739-6338 Fax: 830-257-6776 Support: 866-519-1263 ryan. brown@twcable.com Clayton. brown@twca b I e.com Ryan M Brown, Account Executive Date Clayton Brown, Mr. Commercial Sales Date ~c TIME WARNERCASLE gU51t1@SS CI~SS 1v" ORDER NO. 30577 UPGRADE BROADBAND INTERNET SERVICES WITH TIME WARNER CABLE Came to be heard this the 22nd day of October, 2007, with a motion made by Commissioner Baldwin, seconded by Commissioner Oehler. The Court unanimously approved by vote of 4-0-0 to: Approve updating the broadband Internet services agreement with Time Warner Cable, and authorize the County 3udge to sign same. 7 (, 4 'ter 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 22,2007 OFFICE: Information Technology TIME PREFERRED: Any SUBJECT: Consider discuss and take appropriate action to update the broadband Internet services agreement with Time Warner Cable. Authorize the County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: John D. Trolinger ESTIMATED LENGTH OF PRESENTATION: 1 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: THIS REQUEST RECEIVED 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 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. ' U Commercial Services Agreement For good and valuable consideration, including the mutual covenants contained herein, this Commercial Service Agreement is made by and between Time Warner Cable -Southwest Division ("TWC") and the Customer identified below ("Customer"). Customer: KERB COUNTY COURTHOUSE Contact: JOHN TROLINGER Address: 700 MAIN ST Cit : KERRVILLE State: TX Zi :78028-5323 Telephone #: 830-370-1238 Fax: Email: trolin er@co.kerr.tx.us TWC: Southwest Division - Cor us Christi, Kerrville, South Central Contact: R an M Brown Telephone #:866-892-4249 / 956-365-6683 Fax: 830-257-6776 Email: an.brown@twcable.com r'.nmmarrial SarvicaS~ Price 10x1.5 Mb s DOCSIS Internet Access 459.95 /29 IP Subnet - 5 Public Static IPs 40.00 Term Discount -Renewable (165.58) ~otal ~ 334.37 ~ Billing address if different from above: Same 1. FEES: An installation fee in the amount of $~~Jb S99~g5 (discount install, IP Block registration & modem activation.) and first month's service payment in the amount of $334.37 is due upon installation. Prices are subject to change after the Initial Term of this Agreement and do not include taxes, which will be assessed in addition. Customer shall pay TWC for the Services $334.37 each month thereafter for duration of the Initial or any Renewal Term. 2. TERM AND TERMINATION; This Agreement shall be effective on the installation date and shall run for a period of 36 months (the "Initial Term"). Upon mutual agreement of the Parties, this Agreement may be renewed each year thereafter for one or more successive 12- month periods (each a "Renewal Term"). This Agreement may be terminated by Customer at any time, provided however that if Customer. terminates this Agreement before the expiration of the Initial Term or any Renewal Term, or in the event of any default by Customer at any. time, Customer agrees to pay TWC an early termination fee of $250.00. TWC shall have the right to terminate this Agreement at any time (i) aher the expiration of the Initial Term or (ii) upon Customer's material breach of this Agreement. Upon termination of this Agreement, neither party shall have any further obligations hereunder, except for obligations accruing prior to the date of termination, including the obligations surviving termination of this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to ~ duly eFecu~,e~y utd personnel'. as of the date set forth above. til1~ „yam„ ~ ~ r/~/1 ) ,~-'/ry1 Time Warner Cable: Customer: ~'( ~' By: BY~ - ~ ff '' Its: Its: ~ `~V Note: Additional terms and conditions on reverse side or 2"d page.... 2De TAME WARNER CABLE Business Class r---- ADDENDUM TO COMMERCIAL SERVICES AGREEMENT BETWEEN 1. KERR COUNTY COURTHOUSE AND TIME WARNER AND 2. KERR COUNTRY SHERIFF AND TIME WARNER The following changes need to be made to the contract as noted by contract paragraph #: 1) Payment is subject to budgeted funds. 2) Term is subject to budgeted funds. In event funds are not budgeted it is not deemed a breach of contract. 5) Indemnification is only to the extent allowed by Texas law. 8) Customer is only subject to modified terms after written notice. 7.0) Payment subject to budgeted funds. 12.0) Indemnification to extent allowed by Texas law. Kerr County will make a good faith effort to budget funds in future fiscal years and will immediately notify contractor in event funds are not budgeted. Commercial Services Agreement For good and valuable consideration, including the mutual covenants contained herein, this Commercial Service Agreement is made by and between Time Warner Cable -Southwest Division ("TWC") and the Customer identified below ("Customer"). Customer: KERB COUNTY SHERRIF OFFICE Contact: JOHN TROLINGER Address: 400 CLEARWATER PASEO Cit : KERRVILLE State: TX Zip: 78028-5629 Telephone #: 830-370-1238 Fax: Email: 'trolin er@co.kerr.tx.us TWC: Southwest Division -Corpus Christi, Kerrville, South Central Contact: Ryan M Brown rTelephone #:866-892-4249 / 956-365-6683 Fax: 830-257-6776 Email: ryan.brown@twcable.com Commercial Services: Price 10x1 .5 Mbps DOCSIS Internet Access 459.95 /29 IP Subnet - 5 Public Static IPs 40.00 Term Discount -Renewable (165.58) Total ~ 334.37 ~ Billing address if different from above: Same t. FEES: An installation fee in the amount of $~9B,B5 $99.95 (discount install, IP Block registration & modem activation.) and first month's service payment in the amount of $334.37 is due upon installation. Prices are subject to change after the Initial Term of this Agreement and do not include taxes, which will be assessed in addition. Customer shall pay TWC for the Services $334.37 each month thereafter for duration of the Initial or any Renewal Term. 2. TERM AND TERMINATION: This Agreement shall be effective on the installation date and shall run for a period of 36 months (the "Initial Term"). Upon mutual agreement of the Parties, this Agreement may be renewed each year thereafter for one or more successive 12- month periods (each a "Renewal Term"). This Agreement may be terminated by Customer at any time, provided however that if Customer terminates this Agreement before the expiration of the Initial Term or any Renewal Term, or in the event of any default by Customer at any time, Customer agrees to pay TWC an early termination fee of S250.00. TWC shall have the right to terminate this Agreement at any time (i) after the expiration of the Initial Term or (ii) upon Customer's material breach of this Agreement. Upon termination of this Agreement, neither party shall have any further obligations hereunder, except for obligations accruing prior to the date of termination, including the obligations surviving termination of this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused this-Agyeement~lbe ly executed by a horiz d persgnnel _ as of the date set forth above. ~r D ~/^rP ~~'ill ~'~/ J{ Time Warner Cable: Customer: ~~ X~ B Its: Note: Additional terms and conditions on reverse side or 2"d page.... TINE WANNER CABLE B usiness Class n•~--------- ADDENDUM TO COMMERCIAL SERVICES AGREEMENT BETWEEN 1: KERR COUNTY COURTHOUSE AND TIME WARNER AND 2. KERR COUNTRY SIIERIFF AND TIME WARNER The following changes need to be made to the contract as noted by contract paragraph#: 1) Payment is subject to budgeted funds. 2) Term is subject to budgeted funds. In event funds are not budgeted it is not deemed a breach of contract. 5) Indemnification is only to the extent allowed by Texas law. 8) Customer is only subject to modified terms after written notice. 7.0) Payment subject to budgeted funds. 12.0) Indemnification to extent allowed by Texas law. Kerr County will make a good faith effort to budget funds in future fiscal years and will immediately notify contractor in event funds are not budgeted. 3. SYSTEM AND SERVICES: Definitions. The term "Services" shall mean the services indicated above. The term "System" which shall remain the personal property of TWC at all times, shall mean all property of whatever kind or nature required to provide the Services and that TWC installs on or within the premises, including without limitation on all aerial cable, buried, cable, and cable located within the physical structure located on the premises, which is identified as KERB COUNTY COURTHOUSE (the "Premises"). TWC shall have the sole right to use the System. Provision of the Services: TWC shall use commercially reasonable efforts to install and maintain the System and to provide the Services. Maintenance: TWC will provide maintenance required in the regular operation of the System during regular business hours at no charge to Customer. In the event service is required to the System as a result of any work, installation, construction, or other activity by Customer or any third party on behalf of Customer, Customer shall pay TWC for such service on a time and materials basis at TWC's then applicable rates. Req~red Notices: Customer shall take reasonable precaution to notify its agents, employees, third party contractors and any other persons or entities acting on behalf of or at the direction of Customer of the location of TWC's System and shall notify TWC of any hazards, whether or not obvious, on or within the Premise prior to TWC installing the System or performing Services. Notwithstanding any other provision of this Agreement, TWC has the exclusive right to use and allow use of the System. Removal: Upon termination of this Agreement, TWC, at its option and expense, may remove all or any part of the System installed on or within the Premise and Customer shall allow TWC access for such removal. 4. ACCESSEASEMENT. Customer agrees to execute an easement appurtenant in the Premise (in form reasonably satisfactory to TWC) granting TWC access for the purpose of installing, maintaining, and removing the System and performing the Services. TWC will record the executed easement in the real property records in the county where the Premises is located. 5. INDEMNIFICATION: AND LIMITATION OF WARRANTY AND LIABILITY: CUSTOMER AGREES 70 INDEMNIFY, DEFEND, AND HOLD HARMLESS TWC AND ITS AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, CONSULTANTS, AND EMPLOYEES (COLLECTIVELY, "INDEMNITEE") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITIES OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND REASONABLE ATTORNEYS' FEES THAT ANY INDEMNITEE INCURS BY REASON OF THE USE OR OCCUPANCY OF THE PREMISES BV CUSTOMER, ITS AGENTS OR EMPLOYEES, OR BY REASON OF CUSTOMER'S BREACH OF ANY COVENANT, REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT, EXCLUDING ANY LOSS OR DAMAGE TO THE EXTENT ARISING FROM ANY NEGLIGENT ACT OR OMISSION OF TWC, ITS AGENTS OR EMPLOYEES. TWC AGREES INDEMNIFY AND HOLD HARMLESS CUSTOMER FROM AND AGAINST ANY AND ALL DAMAGES OR CLAIMS FOR DAMAGE ARISING OUT OR RELATED TO TWOS CONSTRUCTION AND MAINTENANCE OF THE SYSTEM, EXCLUDING ANY LOSS OR DAMAGE TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH ANY NEGLIGENT ACT OR OMISSION OF CUSTOMER, ITS AGENTS OR EMPLOYEES. TWC DISCLAIMS ALL WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE TWOS LIABILITY TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER AND RECEIVED BY TWC UNDER AND PURSUANT TO THIS AGREEMENT. TWC WILL NOT BE LIABLE TO CUSTOMER OR ANY OTHER ENTffY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF TWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 6. EXCUSABLE DELAY. Neither party shall be in default of its obligations under this Agreement or liable to the other party for any noncompliance arising from causes beyond its reasonable control, including without limitation fires, floods, natural disasters, storms, and other acts of God ("Force Majeure"), provided however, iF such Force Majeure continues for a period in excess of sixty (60) days, the parties agree to terminate the Agreement. 7. INSURANCE. Customer shall procure and maintain, at its sole cost and expense, general liability and general commercial liability insurance sufficient to meet the statutor~recuirements of the State of Texas. Customer shall provide TWC with proof of such insurance upon TWCs request from time to time. 8. MISCELLANEOUS. This Service Agreement shall at all times be subject to the Commercial Service Agreement Terms and Conditions (the "Conditions and Terms of Use"), which are available at h~~//www twcbc com/corporate/termsandconditions html and which are incorporated herein for all purposes. Customer has read and agrees to be bound by the Terms and Conditions, as it may be modified from time to time. Each party hereto shall be an independent contractor and nothing in this Agreement should be construed to create any partnership, master-servant, employer-employee, joint venture, or agency relationship between the parties. Neither party has any authority under this Agreement to enter into agreements of any kind on behalf of the other, or to bind or obligate the other in any manner to any third party. If Customer sells, transfers or encumbers the Premises, such sale; transfer or encumbrance shall be subject to the terms and conditions of this Agreement. Each party represents and warrants that it has the full power and authority to undertake the obligations set forth in this Agreement and that it has not entered into any other agreement that renders it incapable of performing its obligations under this Agreement. This agreement sets forth the entire agreement of the parties relating to the subject manner hereof and supersedes all prior written or oral understandings, agreements or representations by or between the parties with respect to such subject matter. Any modification or waiver of the provisions of this Agreement will be effective only if it is in writing signed by an authorized representative of the party to be charged. No provisions of any additional work request or similar document shall be applicable if they conflict with or add to the terms of this Agreement. The provisions of Sections 1,3,5, and 8 of this Agreement will survive the expiration or termination of this Agreement. No delay or failure on the part of any party hereto in exercising any right, power or privilege under this Agreement or under any other instruments given in connection with or pursuant to this Agreement shall impair any such right, power or privilege or be construed as a waiver of any default or any acquiescence therein. No single or partial exercise of any such right, power or privilege shall preclude the further exercise of such right, power or privilege, or the exercise of any other right, power or privilege. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, such provision shall be enforced to the greatest extent permitted by law and the remainder of the Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. No assignment of this Agreement or the rights and obligations hereunder shall be valid without the prior written consent of the non-assigning party, such consent to not be unreasonably withheld. This Agreement shall inure to the benefit of and shall be binding upon Customer, TWC and their respective successors, heirs and assigns. All questions concerning the validity, operation, interpretation, and construction of this Agreement are governed by and will be detennined in accordance with the laws of the State of Texas, without regard to its conflicts of laws. The parties to this Agreement expressly agree that venue of all disputes; claims or lawsuits arising hereunder shall lie in Dallas County, Texas. fiiAE WARNEk GABLE Business Class •.~-~-- RE: Internet Access Services agreement Subject: RE: Internet Access Services agreement From: "Rex Emerson" Date: Fri, l9 Oct 2007 12:48:49 -0500 To: "John D. Trolinger" John, I reviewed the agreement and the referenced Business Class Services Agreement. The following areas will need to be addressed as noted by contract paragraph #: 1) Payment is subjejt to budgeted funds. 2) Term is subject to budgeted funds. In event funds are not budgeted it is not deemed a breach of contract. 5) Indeminification is only to the extent allowed by Texas law. 8) Customer is only subject to modified terms after written notice. 7.0) Payment subject to budgeted funds. 12.0) Indemnification to extent allowed by Texas law. For contractor assurance you can ar.'d a phrase stating that County will make good faith effort to budget funds and will immediately notify contractor in event funds are not budgeted. Explain to contractor that because it is a multi-year contract and County cannot by statute spend unbudgeted monies we must have the "subject to budget" language. Rex -----Original Message----- From: John D. Trolinger [mailto:jtrolinger@co_kerr.tx.us] Ser.t: Tuesday, October 16, 2007 1:04 PM To: Rex Emerson Subject: Internet Access Services agreement Rex, Attached are new service agreements from Time V7arner Cable. This is a change to the original contracts of July 2005. Charges are we get higher speed service and a lower price. This will be on the Oct 22 commissioners court agenda. Please review the contract for the court. Thank you, John D. Trolinger Kerr County IT Manager 830-370-1238 cell 1(1/1Q/~M7 ~•flA PM ~ ~. ~ Jody Grinstead From: John D. Trolinger [jtrolinger@co.kerr.tx.us] Sent: Monday, October 22, 2007 10:49 AM To: Jody Grinstead Subject: [Fwd: Re: Internet Access Services agreement] Attachments: Re_ Internet Access Services agreement (1.59 KB) i:y:J Re_ Internet Access Services a... Jody, The Time Warner contract needs to have the following addendum. The following areas will need to be addressed as noted by contract paragraph #: 1) Payment is subject to budgeted funds. 2) Term is subject to budgeted funds. In event funds are not budgeted it is not deemed a breach of contract. 5) Indemnification is only to the extent allowed by Texas law. 8) Customer is only subject to modified terms after written notice. 7.0) Payment subject to budgeted funds. 12.0) Indemnification to extent allowed by Texas law. Add a phrase stating that County will make good faith effort to budget funds and will immediately notify contractor in event funds are not budgeted. Explain to contractor that because it is a multi-year contract and County cannot by statute spend un-budgeted monies we must have the "subject to budget" language. Thanks, John D. Trolinger Kerr County IT Manager 830-370-1238 cell Call for work Stoppages Email with work Requests 1 „ . Jody Grinstead From: Rex Emerson [remerson@co.kerr.tx.us] Sent: Friday, October 19, 2007 12:49 PM To: John D. Trolinger Subject: RE: Internet Access Services agreement John, I reviewed the agreement and the referenced Business Class Services Agreement. The following areas will need to be addressed as noted by contract paragraph #: 1) Payment is subjejt to budgeted funds. 2) Term is subject to budgeted funds. In event funds are not budgeted it is not deemed a breach of contract. 5) Indeminification is only to the extent allowed by Texas law. 8) Customer is only subject to modified terms after written notice. 7.0) Payment subject to budgeted funds. 12.0) Indemnification to extent allowed by Texas law. For contractor assurance you can add a phrase stating that County will make good faith effort to budget funds and will immediately notify contractor in event funds are not budgeted. Explain to contractor that because it is a multi-year contract and County cannot by statute spend unbudgeted monies we must have the "subject to budget" language. Rex -----Original Message----- From: John D. Trolinger [mailto:jtrolinger@co.kerr.tx.us] Sent: Tuesday, October 16, 2007 1:04 PM To: Rex Emerson Subject: Internet Access Services agreement Rex, Attached are new service agreements from Time Warner Cable. This is a change to the original contracts of July 2005. Changes are we get higher speed service and a lower price. This will be on the Oct 22 commissioners court agenda. Please review the contract for the court. Thank you, John D. Trolinger Kerr County IT Manager 830-370-1238 cell 1 Pag Jody Grinstead From: Rex Emerson [remerson@co.kerr.tx.us) Sent: Tuesday, October 23, 2007 4:35 PM To: Jody Grinstead Subject: RE: [Fwd: Internet Access Services] It is in the commercial services agreement referenced and incorporated in the contract. -----Original Message----- From: Jody Grinstead [mailto:jgrinstead@co.kerr.tx.us] Sent: Tuesday, October 23, 2007 3:27 PM To: remerson@co.kerr.tx.us Subject: FW: [Fwd: Internet Access Services] Rex: John Trolinger sent me the following information with regards to the attached contract. He said you provided him with the "changes" listed below. However, there is no paragraph #12 in the contract?? Help!! O .. . r -, ,. - ~ ~ ._ .. .. . ,. . , ~ - Thanks! Jody -----Original Message----- From: John D. Trolinger [mailto:jtrolinger@co.kerr.tx.us] Sent: Monday, October 22, 2007 9:09 PM To: Jody Grinstead Subject: [Fwd: Internet Access Services] attached Thanks, John D. Trolinger Kerr County IT Manager 830-370-1238 cell Call for work Stoppages Email with work Requests 10/23/2007 ~~ .~ Commercial Services Agreement For good and valuable consideration, including the mutual covenants contained herein, this Commercial Service Agreement is made by and between Time Warner Cable -Southwest Division ("TWC") and the Customer identified below ("Customer"). Customer: KERB COUNTY COURTHOUSE Contact: JOHN TROLINGER Address: 700 MAIN ST Cit : KERRVILLE State: TX Zi :78028-5323 Telephone #: 830-370-1238 Fax: Email: 'trolin er@co.kerr.tx.us TWC: Southwest Division - Cor us Christi, Kerrville, South Central Contact; R an M Brown Telephone #:866-892-4249 / 956-365-6683 Fax: 830-257-6776 Email: an.brown@twcable.com Price 10x1.5 Mb s DOCSIS Internet Access 459.95 /29 IP Subnet - 5 Public Static IPs 40,00 Term Discount -Renewable (165.58) Total ~ 334.37 ~ Billing address if different from above; Same 1. FEES: An installation fee in the amount of $ $99.95 (discount install, IP Block registration 8 modem activation.) and first month's service payment in the amount of $334.37 is due upon installation. Prices are subject to change after the Initial Term of this Agreement and do not include taxes, which will be assessed in addition. Customer shall pay TWC for the Services $334.37 each month thereafter for duration of the Initial or any Renewal Term. 2. TERM AND TERMINATION: This Agreement shall be effective on the installation date and shall run for a period of 36 months (the. "Initial Term"). Upon mutual agreement of the Parties, this Agreement may be renewed each year thereafter for one or more successive t 2- month periods (each a "Renewal Term"). This Agreement may be terminated by Customer at any time, provided however that if Customer terminates this Agreement before the expiration of the Initial Term or any Renewal Term, or in the event of any default by Customer at any time, Customer agrees to pay TWC an early termination fee of $250.00. TWC shall have the right to terminate this Agreement at any time (i) after the expiration of the Initial Term or (ii) upon Customer's material breach of this Agreement. Upon termination of this Agreement, neither party shall have any further obligations hereunder, except for obligations accruing prior to the date of termination, including the obligations surviving termination of this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreemetn-t~-to be my ei~Cecu~,ed~y ~u~t~ho~ri/z~ed personnel as of the date set forth above. ~fr C(,(,((_ ~-7 /G~G ~/tL,l..l,,`-i~rv-1 Time Warner Cable: Customer: ~~'( X ~~ _ . By: ~--- By: Its• Its• ~!a~-~-. Note: Additional terms and conditions on reverse side or 2"d page.... TIME WARNER [ABLE Business [lass r~----- L Commercial Services Agreement For good and valuable consideration, including the mutual covenants contained herein, this Commercial Service Agreement is made by and between Time Warner Cable -Southwest Division ("TWC") and the Customer identified below ("Customer"). Customer: KERB COUNTY SHERRIF OFFICE Contact: JOHN TROLINGER Address: 400 CLEARWATER PASEO Cit : KERRVILLE State: TX Zi :78028-5629 Telephone #: 830-370-1238 Fax: Email: 'trolin er@co.kerr.tx.us TWC: Southwest Division - Cor us Christi, Kerrville, South Central Contact: R an M Brown Telephone #:866-892-4249 / 956-365-6683 Fax: 830-257-6776 Email: ryan.brown@twcable.com rnmmPl'I`ia' I SPr\/Ir`PC• Price 10x1.5 Mbps DOCSIS Internet Access 459.95 /29 IP Subnet - 5 Public Static IPs 40.00 Term Discount -Renewable _ _ (165.58) Total ~ 334.37 ~ Billing address if different from above: Same 1. FEES: An installation fee in the amount of $89.96 $99.95 (discount install, IP Block registration 8 modem activation.) and first month's service payment in the amount of $334.37 is due upon installation. Prices are subject to change after the Initial Term of this Agreement and do not include taxes, which will be assessed in addition. Customer shall pay TWC for the Services $334.37 each month thereafter for duration of the Initial or any Renewal Term. 2. TERM AND TERMINATION: This Agreement shall be effective on the installation date and shall run for a period of 36 months (the "Initial Term"). Upon mutual agreement of the Parties, this Agreement may be renewed each year thereafter for one or more successive 12- month periods (each a "Renewal Term"). This Agreement may be terminated by Customer at any time, provided however that if Customer terminates this Agreement before the expiration of the Initial Term or any Renewal Term, or in the event of any default by Customer at any time, Customer agrees to pay TWC an early termination fee of $250.00. TWC shall have the right to terminate this Agreement at any time (i) after the expiration of the Initial Term or (ii) upon Customer's material breach of this Agreement. Upon termination of this Agreement, neither party shall have any further obligations hereunder, except for obligations accruing prior to the date of termination, including the obligations surviving termination of this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused this A ement to be ly executed b a h~o~/riz~dnpers ~ne~l yy~ as of the date set forth above. c~Q C~-~, % ~~ ~~TU(-~~~~'`-'~ 1 Time Warner Cable: Customer: ~~ Xv By: ~c-.-.'~ ~ Its: Note: Additional terms and conditions on reverse side or 2na page.... ~7ME WARNER CABLE Business Class 3. SYSTEM AND SERVICES: Definitions. The term "Services" shall mean the services indicated above. The term "System" which shall remain the personal property of TWC at all times, shall mean all property of whatever kind or nature required to provide the Services and that TWC installs on or within the premises, including without limitation on all aerial cable, buried, cable, and cable located within the physical structure located on the premises, which is identified as KERR COUNTY COURTHOUSE (the "Premises"). TWC shall have the sole right to use the System. Provision of the Services: TWC shall use commercially reasonable efforts to install and maintain the System and to provide the Services. Maintenance: TWC will provide maintenance required in the regular operation of the System during regular business hours at no charge to Customer. In the event service is required to the System as a result of any work, installation, constmction, or other activity by Customer or any third party on behalf of Customer, Customer shall pay TWC for such service on a time and materials basis at TWC's then applicable rates. Reouired Notices: Customer shall take reasonable precaution to notify its agents, employees, third party contractors and any other persons or entities acting on behalf of or at the direction of Customer of the location of TWC's System and shall notify TWC of any hazards, whether or not obvious, on or within the Premise prior to TWC installing the System or- performing Services. Notwithstanding any other provision of this Agreement, TWC has the exclusive right to use and allow use of the System. Removal: Upon termination of this Agreement, TWC, at its option and expense, may remove all or any part of the System installed on or within the Premise and Customer shall allow TWC access for such removal. 4. ACCESSEASEMENT, Customer agrees to execute an easement appurtenant in the Premise (in form reasonably satisfactory to TWC) granting TWC access for the purpose of installing, maintaining, and removing the System and performing the Services. TWC will record the executed easement in the real property records in the county where the Premises is located. 5. INDEMNIFICATION: AND LIMITATION OF WARRANTY AND LIABILITY: CUSTOMER AGREES To INDEMNIFY, DEFEND, AND HOLD HARMLESS TWC AND ITS AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, CONSULTANTS, AND EMPLOYEES (COLLECTIVELY, "INDEMNITEE") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITIES OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND REASONABLE ATTORNEYS' FEES THAT ANY INDEMNITEE INCURS BY REASON OF THE USE OR OCCUPANCY OF THE PREMISES BY CUSTOMER, ITS AGENTS OR EMPLOYEES, OR BY REASON OF CUSTOMER'S BREACH OF ANY COVENANT, REPRESENTATION OR WARRANTY' CONTAINED IN THIS AGREEMENT, EXCLUDING ANY LOSS OR DAMAGE TO THE EXTENT ARISING FROM ANY NEGLIGENT ACT OR OMISSION OF TWC, RS AGENTS OR EMPLOYEES. TWC AGREES INDEMNIFY AND HOLD HARMLESS CUSTOMER FROM AND AGAINST ANY AND ALL DAMAGES OR CLAIMS FOR DAMAGE ARISING OUT OR RELATED TO TWOS CONSTRUC710N AND MAINTENANCE OF THE SYSTEM, EXCLUDING ANY LOSS OR DAMAGE TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH ANY NEGLIGENT ACT OR OMISSION OF CUSTOMER, ITS AGENTS OR EMPLOYEES. TWC DISCLAIMS ALL WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE: TWC'S LIABILITY TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER AND RECEIVED BY TWC UNDER AND PURSUANT TO THIS AGREEMENT. TWC WILL NOT BE LIABLE TO CUSTOMER OR ANY OTHER ENTITY FOR ANY INDIRECT, PUNITNE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF TWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 6. EXCUSABLE DELAY. Neither party shall be in default of its obligations under this Agreement or liable to the other party for any noncompliance adsing from causes beyond its reasonable control, including without limitation fires, floods, natural disasters, storms, and other acts of God ("Force Majeure"), provided however, iF such Force Majeure continues for a period in excess of sixty (60) days, the parties agree to terminate the Agreement. 7. INSURANCE. Customer shall procure and maintain, at its sole cost and expense, general liability and general commercial liability insurance sufficient to meter +ha ~rar~ irnrv ranirimmants of the State of Texas. Customer shall provide TWC with proof of such insurance upon TWC's request from time to time. 8. MISCELLANEOUS. This Service Agreement shall at all times be subject to the Commercial Service Agreement Terms and. Conditions (the "Conditions and Terms of Use"), which are available at htp•//wv~w twcbc com/corporate/termsandconditions.html and which are incorporated herein for all purposes. Customer has read and agrees to be bound by the Terms and Conditions, as it may be modified from time to time. Each parry hereto shall be an independent contractor and nothing in this Agreement should be construed to create any.. partnership, master-servant, employer-employee, joint venture, or agency relationship between the parties. Neither party has any authority under this Agreement to enter into agreements of any kind on behalf of the other, or to bind or obligate the other in any manner to any third. party. If Customer sells, transfers or encumbers the Premises, such sale; transfer or encumbrance shall be subject to the terms and conditions'. of this Agreement. Each party represents and warrants that it has the full power and authority to undertake the obligations set forth in this Agreement and that it has not entered into any other agreement that renders it incapable of performing its obligations under this Agreement. This agreement sets forth the entire agreement of the parties relating to the subject manner hereof and supersedes all prior written or oral understandings, agreements or representations by or between the parties with respect to such subject matter. Any modification or waiver of the provisions of this Agreement will be effective only if it is in writing signed by an authorized representative of the party to be charged. No provisions of any additional work request or similar document shall be applicable if they conflict with or add to the terms of this Agreement. The provisions of Sections 1 ,3,5, and 8 of this Agreement will survive the expiration or termination of this Agreement. No delay or failure on the part of any party hereto in exercising any right, power or privilege under this Agreement or under any other instruments given in connection with or pursuant to this Agreement shall impair any such right, power or privilege or be construed as a waiver of any default or any acquiescence therein. No single or partial exercise of any such right, power or privilege shall preclude the further exercise of such right, power or privilege, or the exercise of any other right, power or privilege. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, such provision shall be enforced to the greatest extent permitted by law and the remainder of the Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. No assignment of this Agreement or the rights and obligations hereunder shall be valid without the prior written consent of the non-assigning party, such consent to not be unreasonably withheld. This Agreement shall inure to the benefit of and shall be binding upon Customer, TWC and their respective successors, heirs and assigns. All questions concerning the validity, operation, interpretation, and construction of this Agreement are governed by and will be determined in accordance with the laws of the State of Texas; without regard to its conflicts of laws, The parties to this Agreement expressly agree that venue of ali disputes; claims or lawsuits arising hereunder shall lie in Dallas County, Texas. THE WARNER CABLE Busiln~ess ,bass ADDENDUM TO COMMERCIAL SERVICES AGREEMENT BETWEEN 1. KERR COUNTY COURTHOUSE AND TIME WARNER AND 2. KERR COUNTRY SHERIFF AND TIME WARNER The following changes need to be made to the contract as noted by contract paragraph #: 1) Payment is subject to budgeted funds. 2) Term is subject to budgeted funds. In event funds are not budgeted it is not deemed a breach of contract. 5) Indemnification is only to the extent allowed by Texas law. 8) Customer is only subject to modified terms after written notice. 7.0) Payment subject to budgeted funds. 12.0) Indemnification to extent allowed by Texas law. Kerr County will make a good faith effort to budget funds in future fiscal years and will immediately notify contractor in event funds are not budgeted. Ryao Brown Accnunt Exauruve\lerh Support Kecrdilh; South Central TIME WARNER CABLE g00 Sidney Baker , BtI$~fleSS CIaSS Kerrville, TX 78028 Office: 956.365.6683 !~: 866.892.0.249 Fax: 830.257.6776 ry an.brownCnltwcable.com AIM: rbrnwn1005