ORDER NO. 31702 BIDS FOR TELEPHONE SERVICE FOR KERR COUNTY COURTHOUSE Came to be heard this the 26th day of April, 2010, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4 -0 -0 to. Open bids as follows: 1- Windstream, primary rate interface via copper wiring, at $400 a month; long distance of 2.8 cents per minute; 2- Time - Warner, primary rate interface, PRI, via fiberoptic, $449 a month, long distance of 3 cents per minute, $350 installation and number reporting; 3- Hill Country Telecommunications, primary rate interface, PRI, via fiberoptic, $559.80 per month, long distance, unlimited, no charge. And award bid for Courthouse Service to Hill Country Telecommunications for $559 a month with unlimited long distance service. 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 Office: Information Technology MEETING DATE: April 26, 2010 TIME PREFERRED: SUBJECT: (Please Be Specific) 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 COURT: John D. Trolinger ESTIMATED LENGTH OF PRESENTATION: 5 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 schedule for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: @ 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, Court Order No. 25722. Make sure any and all back up material is attached to this form. Backup will be hand delivered. The proposals are `confidential and proprietary.' REQUEST FOR PRICING Kerr County desires PRI, primary rate interface voice service via fiber optic cable. In conjunction with the PRI please quote long distance service. Service will terminate at an existing Patton Smart Node 4960/1E24V. The existing service is an RBS Ti. Porting of the 150 existing DID numbers is required. Please provide your best pricing for long distance and primary rate interface service at the Kerr County Courthouse. Instructions are as follows. LD service will be priced at cents per minute. PRI service will be priced at dollars per month. Company Name Hill Country Telecommunications Primary Rate Interface via fiber optic cable $ 559.80 per month. Long Distance service Unlimited $ 0.00 per minute Representative Date April 13, 2010 Marc Hess Senior Solutions Specialist mhess @hctc.coop 830 - 367 -6289 q; Hill Lountry rsoe- .(;\11.,6, I - P.O. Drawer D, Ingram, Texas 78025 j Uiry\ 1 • o� Ken Kerr b \‘ - t.xlit Veuejl--) 700 dal Y ©€ / Kerr, r PIEPER, KER 4 LAD ER K 11W o; )S not 1r) RE: PI IJ I AIVCE SERVICES Apr 22 2010 3:40PM HP LASERJET FAX p. REQUEST FOR PRICING Kerr County desires PRI, primary rate interface voice service via fiber optic cable. In conjunction with the PRI please quote long distance service. Service will terminate at an existing Patton Smart Node 4960/1E24V. The existing service is an RBS Ti. Porting of the 150 existing DID numbers is required. Please provide your best pricing for long distance and primary rate interface service at the Kerr County Courthouse. Instructions are as follows. LD service will be priced at cents per minute. PRI service will be priced at dollars per month. Company Name Primary Rate Interface via fiberap€ie- sable— $ 400 per month. (Windstream has quoted a PRI via copper wiring) Long Distance service $ 0.028 per minute (5000 Minutes @ $140.00) Representative in A 4,0 J d Date 124 f 0 i Attachment A wi ndstream.. communications SALES QUOTE Customer Company Kerr County Contact John Trollinger Address 700 Main Title Information Technology Manager City Kerrville Phone 830 - 896 -9007 State Texas Fax Zip 78028 Email Sales Rep Dates Name Kimberly Dandurand Title Account Executive Contract Terms Five Year Address 812 Water St Phone 830 -928 -4052 Quote Issued 04/22/10 City Kerrville Fax Discount Applied State Texas Email Zip 78028 Description Quantity Description Quantity Business Lines Call Return Centrex Stations _ Call Transfer Centrex Feature Pack 1 Per Station Caller ID - Deluxe Centrex Feature Pack 2 Per Station Caller ID - Number Centrex Feature Pack 3 Per Station Caller ID on Call Waiting Centrex NAR/Line PRUPRA Caller ID Name Only Key Lines PRI/PRA Caller ID Number Only Key Lines - Non Rotary Enhanced Call Waiting PBX Lines Hunting Service DID Trunks _ _ Repeat Dialing DID Trunk Terminations Ring Plus Number ISDN BRI Access Speed Calling 30 ISDN BRI Voice B Channel Three Way Calling ISDN BRI D Channel Voice Mail Basic ISDN PRI Service 1 Voice Mail Deluxe ISDN PRI Access Voice Mail Link ISDN PRI Channels Message Waiting Lamp ISDN PRI Backup D- Channel LD 1000 MOU DCS Access LD 2000 MOU — DCS Channels LD 3000 MOU LD 5000 MOU Block of 20 DID LD 7000 MOU Block of 50 DID 1 Block of 100 DID 1 Basic Caller ID Package Premium Caller ID Package Ultimate Caller ID Package Ultimate Caller ID Pkg Optional VM Anonymous Call Rejection Call Forward Busy Call Forward No Answer Call Forwarding Monthly Tariff Rate Charges $949.88 Monthly Billed Rate Charges $400.00 Monthly Savings $549.88 ? -, z a aka :::: rf � i i r f i ktv i- Jam` `� ,., t_. ; � k , `" f �r 1 t p ia ',,,, +'� t �, v s- ,1SL'" i' +*,� 't ,:..y Ki.. $q 1 i5,- is i , Y ° ,. - l 9 3 2 4 pp f r � • ,s v E , i'3' -:; 41, Sx F -', s v U_ •> W L— • C vl : a v^^ /,, vs .1., 0 , `1 fi W = u a U r 0 ._ S i-a >•• r 3 cc c Q. _c k�tv ate" S�z,+';, 0 N 7 ' .• ` ' L �'ra ^ ` F �,es* $144144;:=6u.'-'—'-,-,' I P' ` rs� P" O ' fi r p`x .� * ,`ha r' , r ,}* i . , ,- k 1 4 KY . 91n s r `" 4 a T '` r , '. 3,. $R. - } ,:,4''-`N:11.1,-,,40,:r.' k x as , ,�;�. � ,� � v�',o?�+,'.,,#�� � s -1 �� � � � �Sx ��`v s '�� ,t �t� � 9y �'' b 3 1 '� , V Vr . ∎ - Business Class w „,„„„,„,„..„,,,„„,,,,.........----_ . ......,,. .,..„,,,,.„ . ., i ., . �� ,. ,t ti ... . .,„,,,,,,,,,,,,,,, , . , . ._ „.. it N i t'� , t „.. ...„- -,, . . _ l m ''‘,- ,s- .-- , I""'! 1110,, ,, ,_ _ ..„..... ,,.,.. , , ,. , , „, • 1 ......„._„....... M _... . „ .,/: , j , i . '''' f � � 1 7 ar ,. • onnect B usinessResourc: :,,- .... ,,, ,... A.: :A. ..„ TIME WARNER CABLE BUSINESS CLASS Committed to Business Success In today's complex business environment, Time Warner Cable Business Class CONNECTS YOU to ALL OF YOUR RESOURCES. We offer a complete portfolio of SCALABLE COMMUNICATIONS SOLUTIONS — including data security and video. And with LOCAL, DEDICATED TEAMS that know your market, we work with you to MEET YOUR BUSINESS COMMUNICATIONS NEEDS today and into the future. SECURITY. Prn ,iriinn rmmnrohon,, s,n TIME WARNER CABLE Business Class 900 Sidney Baker Kerrville, TX 78028 -3353 April 9, 2007 John Doe The Company Inc 1234 Commercial Dr Heresville, TX 78028 Dear John Trolinger, Attached you will find our proposals to provide the requested PRI Voice services for the Kerr County. As per our previous conversations the service delivery will be a 2 -way ISDN based PRI 23B +1 D carried directly over our wholly -owned national fiber -optic backbone. We will also port the existing 150 telephone numbers that are currently hosted by Windstream Communications and continue to publish your existing directory listings. If you have any questions or need anything else, please don't hesitate to call or email me. We look forward to serving you! Thank you, Ryan M Brown Time Warner Cable Business Class Local Presence 0 Custom Solutions 9 National Reach 866 - 892 -4249 ► www.twcbc.com Confidential and Proprietary I Ryan Brown Account Executive Kerrville - South Central TIME WARNER CABLE 900 Sidney Baker Business Class Kerrville, TX 78028 Office: 866.892.4249 Cell: 830.739.6338 Fax: 830.257.6776 ryan.brown@twcabie.com AIM: rbrown1005 April 23 2010 TIME WARNER CABLE BUSINESS CLASS Serv Proposal Thank you for your interest in Time Warner Cable Business Class. > Greater Productivity The following is our proposal to provide PRI voice services and Deliver premium reliable hosting of your existing 150* Telephone numbers to Kerr County bandwidth enabling your via our Fiber Optic network with a 60 month initial term. business to be more productive. Monthly Service Charges: > Simpler Billing Primary Rate Interface $ 449.00 One provider for all your * TNs are activated in blocks of 20, so a total of 160 numbers (10 new) will be provided. communication services means you pay only one bill, Calling Charges (per minute): simplifying administration. Local Calling Charges $ 0.00 > Reliability Intrastate Long Distance Charges $ 0.03 Time Warner Cable runs its Interstate Long Distance Charges $ 0.03 own private, secure, wholly International Long Distance Charges attached owned nationwide network resulting in high - quality One - Time Charges: transmissions with little down -time and fast repairs. Installation & Number Porting $ 350.00 > Flexible Service Options These prices include all related charges and fees from Time Warner We can quickly scale your Cable. Sales taxes, City & County 911, and USF fees are not services as your business included in this proposal. needs grow or change. Thank you, Ryan M Brown Account Executive re TIME WARNER CABLE Business Class° You first. The technology follows."" PP PIPFIFIFF— April 23 2010 TIME WARNER CABLE BUSINESS CLASS Service Proposal Thank you for your interest in Time Warner Cable Business Class. > Greater Productivity The following is our proposal to provide PRI voice services and Deliver premium reliable hosting of your existing 150* Telephone numbers to Kerr County bandwidth enabling your via our Fiber Optic network with a 36 month initial term. business to be more productive. Monthly Service Charges: > Simpler Billing Primary Rate Interface $ 499.00 One provider for all your * TNs are activated in blocks of 20, so a total of 160 numbers (10 new) will be provided. communication services means you pay only one bill, Calling Charges (per minute): simplifying administration. Local Calling Charges $ 0.00 > Reliability Intrastate Long Distance Charges $ 0.03 Time Warner Cable runs its Interstate Long Distance Charges $ 0.03 own private, secure, wholly International Long Distance Charges attached owned nationwide network resulting in high - quality One - Time Charges: transmissions with little down -time and fast repairs. Installation & Number Porting $ 350.00 > Flexible Service Options These prices include all related charges and fees from Time Warner We can quickly scale your Cable. Sales taxes, City & County 911, and USF fees are not services as your business included in this proposal. needs grow or change. Thank you, Ryan M Brown Account Executive TIME WARNER CABLE Business Class° You first The technology follows°" IPPI PPIPPPPF-- April 23 2010 TIME WARNER CABLE BUSINESS CLASS Service Proposal Thank you for your interest in Time Warner Cable Business Class. > Greater Productivity The following is our proposal to provide PRI voice services and Deliver premium reliable hosting of your existing 150* Telephone numbers to Kerr County bandwidth enabling your via our Fiber Optic network with a 12 month initial term. business to be more productive. Monthly Service Charges: > Simpler Billing Primary Rate Interface $ 599.00 One provider for all your * TNs are activated in blocks of 20, so a total of 160 numbers (10 new) will be provided. communication services means you pay only one bill, Calling Charges (per minute): simplifying administration. Local Calling Charges $ 0.00 > Reliability Intrastate Long Distance Charges $ 0.03 Time Warner Cable runs its Interstate Long Distance Charges $ 0.03 own private, secure, wholly International Long Distance Charges attached owned nationwide network resulting in high - quality One - Time Charges: transmissions with little down -time and fast repairs. Installation & Number Porting $ 350.00 > Flexible Service Options These prices include all related charges and fees from Time Warner We can quickly scale your Cable. Sales taxes, City & County 911, and USF fees are not services as your business included in this proposal. needs grow or change. Thank you, Ryan M Brown Account Executive TIME WARNER CABLE Business Class You first The technology follows'' • pipprIP April 23` 2010 TIME WARNER CABLE BUSINESS CLASS Service Proposal Country Land Rate Mobile Rate CONGO REPUBLIC 0.71 0.71 COOK ISLANDS 3.15 3.15 AFGHANISTAN 1.07 1.10 COSTA RICA 0.27 0.31 ALBANIA 1.04 1.23 CROATIA 0.32 0.50 ALGERIA 0.48 0.55 CUBA 0.94 0.94 ANDORRA 0.46 0.75 CYPRUS 0.55 0.60 ANGOLA 1.44 1.52 CZECH REPUBLIC 0.22 0.40 ANGUILLA 0.57 0.69 DENMARK 0.09 0.25 ANTARCTICA 3.01 3.01 DIEGO GARCIA 1.79 1.79 ANTIGUA AND BARBUDA 0.46 0.46 DJIBOUTI 0.95 1.00 ARGENTINA 0.24 0.41 DOMINICA 0.40 0.52 ARMENIA 0.58 0.72 DOMINICAN REPUBLIC 0.17 0.26 ARUBA 0.44 0.55 EAST TIMOR 1.79 1.79 ASCENSION ISLAND 1.14 1.14 EASTER ISLAND 0.19 0.37 AUSTRALIA 0.10 0.25 ECUADOR 0.30 0.44 AUSTRIA 0.10 0.34 EGYPT 0.39 0.39 AZERBAIJAN 0.83 0.90 EL SALVADOR 0.25 0.33 BAHAMAS 0.24 0.24 EQUATORIAL GUINEA 2.15 2.16 BAHRAIN 0.64 0.67 ERITREA 0.93 0.93 BANGLADESH 0.61 0.66 ESTONIA 0.65 0.92 BARBADOS 0.50 0.62 ETHIOPIA 1.00 1.04 BELARUS 0.36 0.40 FALKLAND ISLANDS 1.21 1.21 BELGIUM 0.09 0.29 FAROE ISLANDS 0.52 0.61 BELIZE 0.48 0.54 FIJI 1.02 1.09 BENIN 0.65 0.72 FINLAND 0.09 0.20 BERMUDA 0.18 0.18 FRANCE 0.07 0.24 BHUTAN 1.80 1.80 FRENCH GUIANA 0.65 0.90 BOLIVIA 0.35 0.42 FRENCH POLYNESIA 1.20 1.31 BOSNIA AND HERZEGOVINA 0.36 0.52 GABON 1.05 1.18 BOTSWANA 0.83 0.95 GAMBIA 0.58 0.58 BRAZIL 0.15 0.37 GEORGIA 0.78 0.88 BRITISH VIRGIN ISLANDS 0.45 0.56 GERMANY 0.09 0.29 BRUNEI 0.84 0.87 GHANA 0.45 0.54 BULGARIA 0.30 0.63 BURKINA FASO 1.02 1.09 BURUNDI 1.39 1.39 CAMBODIA 2.28 2.34 CAMEROON 0.48 0.60 CANADA 0.00 0.00 CAPE VERDE ISLANDS 0.81 0.91 CAYMAN ISLANDS 0.24 0.34 CENTRAL AFRICAN REPUBLIC 1.47 1.47 CHAD 2.42 2.42 CHATHAM ISLANDS 0.10 0.36 CHILE 0.19 0.37 CHINA 0.15 0.18 CHRISTMAS ISLAND 3.01 3.01 COCOS ISLANDS 3.01 3.01 COLOMBIA 0.22 0.31 CONGO DEMOCRATIC REPUBLIC 0.58 0.58 re TIME WARNER CABLE Business Class You first The technology follows"" • April 23 2010 I WARNER CABLE BUSINESS CLASS Service Proposal GIBRALTAR 1.02 1.25 MALTA 0.71 0.89 GLOBAL MOBILE 8.29 8.29 MARSHALL ISLANDS 0.73 0.73 GREECE 0.10 0.33 MARTINIQUE 0.65 0.91 GREENLAND 0.65 0.80 MAURITANIA 0.98 0.98 GRENADA 0.44 0.54 MAURITIUS 1.22 1.22 GUADELOUPE 0.60 0.88 MAYOTTE 1.38 1.47 GUANTANAMO BAY 0.94 0.94 MEXICO ZONE 1-3 0.09 0.27 GUATEMALA 0.25 0.28 MEXICO ZONE 4-8 0.10 0.28 GUINEA 0.81 0.84 MICRONESIA 0.76 0.76 GUINEA-BISSAU 1.65 1.65 MOLDOVA 0.48 0.55 GUYANA 0.83 0.83 MONACO 0.19 0.45 HAITI 0.48 0.57 MONGOLIA 1.66 1.66 HONDURAS 0.40 0.45 MONTENEGRO 0.41 0.66 HONG KONG 0.09 0.12 MONTSERRAT 0.53 0.53 HUNGARY 0.25 0.41 MOROCCO 0.56 0.68 ICELAND 0.48 0.91 MOZAMBIQUE 1.24 1.35 INDIA 0.36 0.39 MYANMAR (BURMA) 2.17 2.17 INDONESIA 0.29 0.33 NAMIBIA 0.79 0.93 IRAN 0.59 0.62 NAURU 1.96 1.96 IRAQ 0.99 1.09 NEPAL 1.26 1.26 IRELAND 0.07 0.32 NETHERLANDS 0.07 0.25 ISRAEL 0.16 0.25 NETHERLANDS ANTILLES 0.41 0.46 ITALY 0.10 0.39 NEW CALEDONIA 1.41 1.41 IVORY COAST 0.68 0.72 NEW ZEALAND 0.10 0.36 JAMAICA 0.45 0.59 NICARAGUA 0.37 0.47 JAPAN 0.08 0.20 NIGER 0.91 0.91 JORDAN 0.58 0.66 NIGERIA 0.62 0.68 KAZAKHSTAN 0.27 0.36 NIUE ISLAND 4.08 4.08 KENYA 0.66 0.73 NORFOLK ISLAND 3.01 3.01 KIRIBATI 1.16 1.16 NORWAY 0.09 0.27 KOREA (NORTH) 1.31 1.31 OCEAN ATLANTIC 8.25 8.25 KOREA (SOUTH) 0.10 0.15 OCEAN INDIAN 8.25 8.25 KUWAIT 0.46 0.50 OCEAN PACIFIC 8.25 8.25 KYRGYZSTAN 0.50 0.50 OMAN 1.04 1.11 LAOS 2.39 2.39 LATVIA 0.34 0.50 LEBANON 0.54 0.64 LESOTHO 0.83 0.89 LIBERIA 0.58 0.58 - LIBYA 0.95 1.01 LIECHTENSTEIN 0.09 0.83 LITHUANIA 0.39 0.52 LUXEMBOURG 0.10 0.27 MACAU 0.76 0.76 , MACEDONIA 0.55 0.76 MADAGASCAR 2.18 2.30 MALAWI 0.48 0.51 MALAYSIA 0.18 0.22 MALDIVES 1.45 1.52 MALI 1.03 1.09 , TIME WARNER CABLE Business Class You first. The technology follows."' , . April 23` 2010 P PIFIIIIIPP- TIME WARNER CABLE BUSINESS CLASS Service Proposal PAKISTAN 0.36 0.39 TURKEY 0.38 0.52 PALAU 1.26 1.26 TURKMENISTAN 0.50 0.50 PALESTINE (970) 0.10 0.13 TURKS AND CAICOS ISLANDS 0.52 0.64 PANAMA 0.34 0.43 TUVALU 2.53 2.53 PAPUA NEW GUINEA 1.11 1.11 UGANDA 0.48 0.51 PARAGUAY 0.39 0.53 UKRAINE 0.36 0.42 PERU 0.29 0.48 UNITED ARAB EMIRATES 0.38 0.53 PHILIPPINES 0.22 0.26 UNITED KINGDOM 0.07 0.40 POLAND 0.17 0.41 URUGUAY 0.39 0.55 PORTUGAL 0.10 0.28 UZBEKISTAN 0.30 0.33 QATAR 0.93 1.00 VANUATU 3.03 3.03 REUNION ISLAND 1.00 1.21 VATICAN CITY 0.10 0.39 ROMANIA 0.35 0.56 VENEZUELA 0.21 0.42 RUSSIA 0.26 0.31 VIETNAM 0.82 0.85 RWANDA 1.16 1.16 WALLIS AND FUTUNA 3.98 3.98 SAN MARINO 0.89 1.09 WESTERN SAMOA 0.63 0.72 SAO TOME AND PRINCIPE 1.59 1.59 YEMEN 0.98 1.01 SAUDI ARABIA 0.54 0.61 ZAMBIA 0.55 0.66 SENEGAL 0.68 0.77 ZIMBABWE 0.48 0.77 SERBIA 0.41 0.57 SEYCHELLES 1.47 1.47 SIERRA LEONE 0.59 0.74 SINGAPORE 0.13 0.15 SLOVAKIA 0.27 0.45 SLOVENIA 0.56 0.86 SOLOMON ISLANDS 3.10 3.10 SOMALIA 1.67 1.67 SOUTH AFRICA 0.36 0.53 SPAIN 0.07 0.33 SRI LANKA 1.01 1.05 ST. HELENA 1.32 1.32 ST. KITTS AND NEVIS 0.48 0.59 ST. LUCIA 0.40 0.51 ST. PIERRE AND MIQUELON 0.48 0.66 ST. VINCENT AND THE GRENADINES 0.54 0.64 SUDAN 0.88 0.90 SURINAME 1.22 1.25 SWAZILAND 0.75 0.88 SWEDEN 0.07 0.34 SWITZERLAND 0.07 0.39 SYRIA 0.88 0.95 TAIWAN 0.09 0.17 TAJIKISTAN 0.34 0.34 TANZANIA 0.48 0.54 THAILAND 0.25 0.28 TOGO 1.08 1.08 TOKELAU 1.96 1.96 TONGA 1.53 1.53 TRINIDAD AND TOBAGO 0.37 0.48 TUNISIA 0.48 0.66 TIME WARNER CABLE Business Class' You first The technology follows" a Kerr County ATTN: John Trolinger (RFP Quote) 700 Main St Kerrville, TX 78028 2! i y A.D.2D l6 1 ' : PAPER, KERR man 'lIluCi) ; ! 5 J¢4-, 'elepine System Contracts Subject: Telephone System Contracts From: "Robert Henneke" Date: Fri, 9 Apr 2010 16:05:06 -0500 To: John, I've reviewed the three draft contracts from Hill Country Tele and Windstream and the quote from Time Warner Cable. It is unclear to me which of these are being submitted for the Court's approval or whether these are for discussion purposes only on Monday's Commissioners Court hearing. All three contracts need to include the standard Kerr County contract provisions where appropriate in each contract: 1. Payment is subject to budgeted funds. 2. Term is subject to budgeted funds. In the event funds are not budgeted, it is not deemed a breach of contract. 3. Indemnification is only to the extent allowed by Texas law. 4. Customer is only subject to modified terms after written notice. 5. 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. More specifically, I have the following comments: NDSTREAM: 1. Th- " ermination by Customer" and "Termination by Company" provisions are unnecessarily punitiv- - nd, in the ev- • that Windstream can "limit, interrupt, or terminate Service" over a dispute with Ke ounty, dangerous ins. -r as this could disrupt the County's operation. 2. The information on ••nthly maintenance charge of the Equipment under "Payments" -eds to be completed. 3. The "Confidentiality" section vio - -s the Texas Open Records Act. A cou. may not confer confidentiality by agreement. Under t = 'ublic Information Act, infor - on may be withheld if a specific exception to the Act protects the informati. • 4. This contract does not address the out -of -coun ustomer - ice issues discussed during the March 22 Commissioners Court meeting. TIME WARNER CABLE: 1. This isn't a contract but is a quote fro C. 2. The "Confidentiality" section violat- he Texas Open Records Act. A county • - not confer confidentiality by agreement. der the Public Information Act, information may be hheld if a specific exception to the Act pro - s the information. 3. This proposal do- of address the out -of- county customer service issues discussed during the : ch 22 Commissio - Court meeting. Please feel free to call me with any questions or to discuss. Sincerely, Rob Henneke + + + + + + + + + + + + + + + + + ++ 1 of 2 04/12/2010 8:11 AM ,Telepii a System Contracts Robert Henneke Kerr County Attorney 700 Main Street, Suite BA103 Kerrville, TX 78028 (830) 792 -2220 - phone (830) 792 -2228 - fax rhenneke(cDco. kerr. tx. us http://www.co.kerr.tx.us/attorney/ 2 of 2 04/12/2010 8:11 AM HILL COUNTRY TELECOMMUNICATIONS COMMUNICATIONS SERVICES AGREEMENT ADDENDUM 1. Payment is subject to budgeted funds. 2. Term is subject to budgeted funds. In the event funds are not budgeted, it is not deemed a breach of contract. 3. Indemnification is only to the extent allowed by Texas law 4. Customer is only subject to modified terms after written notice. 5. 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. HILL COUNTRY TELECOMMUNICATIONS KERR COUNTY By: �f B, Date: /M1ay 2/, 2010 Date: Marc Hess U Pat Tinley Senior Solutions Specialist Kerr County Judge HCTC /Hill Country Telecommunications Kerr County P.O. Drawer D, Ingram, TX 78025 700 Main Street, Kerrville, TX 78028 mhess'ahctc.coop (830) 367 -6362 ptinlev(aco.kerr.tx.us (830) 792 -2211 Hill Country Hill Country Telecommunications Communications Services Agreement This agreement is made by and between HILL COUNTRY TELECOMMUNICATIONS (hereinafter referred to as the "Hill Country "), and KERR COUNTY (hereinafter referred to as the "Customer "), and sets forth the terms and conditions for: Primary rate Interface via optical fiber And Long Distance Service 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 2 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 /30 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: The negligence of the customer or others authorized by the customer to use the service. Page 3 of 4 Interruptions or delays due to the failure of power, equipment, services or systems not provided by Hill Country. Interruptions or delays due to other provider's access lines or Customer Premises Equipment. 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. 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. Interruptions not reported to Hill Country or where there is a trouble reported, but no trouble found. 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 Primary Rate Interface via optical fiber $ 559.80 per month Long Distance Services Unlimited at $0.00 per minute IV. LIABILITY The Customer agrees to indemnify and save harmless Hill Country from all claims for damages arising in connection with the furnishing of this service. Page 4 of 4 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 may be terminated by either party 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 KERR COUNTY By: By: Date: /7 pr, l 1 7. 24 I o Date: Marc Hess Pat Tinley Senior Solutions Specialist Kerr Country Judge HCTC / Hill Country Telecommunications Kerr County PO Drawer D, Ingram, TX 78025 700 Main Street, Kerrville, TX 78028 mhess(&,hctc.coop 830 - 367 -6362 cojudge@co.kerr.tx.us 830 - 792 -2211 HILL COUNTRY TELECOMMUNICATIONS COMMUNICATIONS SERVICES AGREEMENT ADDENDUM 1. Payment is subject to budgeted funds. 2. Term is subject to budgeted funds. In the event funds are not budgeted, it is not deemed a breach of contract. 3. Indemnification is only to the extent allowed by Texas law 4. Customer is only subject to modified terms after written notice. 5. 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. HILL COUNTRY TELECOMMUNICATIONS KERR COUNTY By: B. r Date: /? y Z(, 2o/O Date: Marc Hess r/ Pat Tinley Senior Solutions Specialist Kerr County Judge HCTC /Hill Country Telecommunications Kerr County P.O. Drawer D, Ingram, TX 78025 700 Main Street, Kerrville, TX 78028 nThess(hctc.coop (830) 367 -6362 ptinlev'd;co.kerr.tx.us (830) 792 -2211 Hill Country Hill Country Telecommunications Communications Services Agreement This agreement is made by and between HILL COUNTRY TELECOMMUNICATIONS (hereinafter referred to as the "Hill Country "), and KERR COUNTY (hereinafter referred to as the "Customer "), and sets forth the terms and conditions for: Primary rate Interface via optical fiber And Long Distance Service 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 2 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 1130 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: The negligence of the customer or others authorized by the customer to use the service. Page 3 of 4 Interruptions or delays due to the failure of power, equipment, services or systems not provided by Hill Country. Interruptions or delays due to other provider's access lines or Customer Premises Equipment. 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. 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. Interruptions not reported to Hill Country or where there is a trouble reported, but no trouble found. 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 Primary Rate Interface via optical fiber $ 559.80 per month Long Distance Services Unlimited at $0.00 per minute IV. LIABILITY The Customer agrees to indemnify and save harmless Hill Country from all claims for damages arising in connection with the furnishing of this service. Page 4 of 4 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 may be terminated by either party 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 KERR COUNTY By: By: Date: 4prr Y 1 7. 1.o /0 Date: Marc Hess Pat Tinley Senior Solutions Specialist Kerr Country Judge HCTC / Hill Country Telecommunications Kerr County PO Drawer D, Ingram, TX 78025 700 Main Street, Kerrville, TX 78028 mhess @hctc.coop 830 - 367 - 6362 cojudge@ co.kerr.tx.us 830 - 792 -2211 Hill 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 KERR COUNTY (hereinafter referred to as the "Customer "), and sets forth the terms and conditions for: Primary rate Interface via optical fiber And Long Distance Service 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 2 of 4 IL 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 1130 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: The negligence of the customer or others authorized by the customer to use the service. Page 3 of 4 Interruptions or delays due to the failure of power, equipment, services or systems not provided by Hill Country. Interruptions or delays due to other provider's access lines or Customer Premises Equipment. 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. 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. Interruptions not reported to Hill Country or where there is a trouble reported, but no trouble found. 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 Primary Rate Interface via optical fiber $ 559.80 per month Long Distance Services Unlimited at $0.00 per minute IV. LIABILITY The Customer agrees to indemnify and save harmless Hill Country from all claims for damages arising in connection with the furnishing of this service. Page 4 of 4 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 may be terminated by either party 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 KERR COUNTY By: By�/Et'1 Date: 4.1r.1 2.3, 7 /a Date: Marc Hess Pat Tinley Senior Solutions Specialist Kerr Country Judge HCTC / Hill Country Telecommunications Kerr County PO Drawer D, Ingram, TX 78025 700 Main Street, Kerrville, TX 78028 mhess @hctc.coop 830 - 367 -6362 coiudgePco.kerr.tx.us 830 - 792 -2211