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Home My WebLink About20132295.tiffRESOLUTION RE: APPROVE INTERSTATE PRIVATE LINE TRANSPORT SERVICES PRICING PLAN ACKNOWLEDGMENT AND NON -APPROPRIATIONS ADDENDUM AND AUTHORIZE CHAIR TO SIGN - QWEST CORPORATION, DBA CENTURYLINK QC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Interstate Private Line Transport Services Pricing Plan Acknowledgment and Non -Appropriations Addendum between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Qwest Corporation, dba CenturyLink QC, commencing upon full execution of signature, with further terms and conditions being as stated in said acknowledgement and addendum, and WHEREAS, after review, the Board deems it advisable to approve said acknowledgement and addendum, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Interstate Private Line Transport Services Pricing Plan Acknowledgment and Non -Appropriations Addendum between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Qwest Corporation, dba CenturyLink QC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said acknowledgement and addendum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of August, A.D., 2013. BOARD OF ` INT�Y COMMISSIONERS WELD UNT . COLORADO ATTEST: Weld County Clerk to the Board Date of signatureAUG 2 3 2013 William F. arcia, Chair EXCUSED ouglas Rademacher, Pro-Tem Barbara Kirkmeyer J ce: CM Arne services 9/O1 2/3 2013-2295 CM0022 Acknowledgment Number: CENTURYLINK INTERSTATE PRIVATE LINE TRANSPORT SERVICES PRICING PLAN ACKNOWLEDGMENT Weld County Government Customer's Legal Name ("Customer") Customer hereby orders from Qwest Corporation dlbla CenturyLink QC ("CenturyLink") the CenturyLink Interstate Access Service ("Service") indicated below ("Acknowledgment"). Customer understands and agrees that CenturyLink provides Service solely under the regulations, rates, and charges of CenturyLink Operating Companies Tariff F.C.C. No. 11 ('Tariff'). In the event of a conflict between this Acknowledgment, CenturyLink Records and/or the Tariff, the Tariff prevails. Service is subject to the Credit Allowance for Service Interruptions in the Tariff which provides Customer's sole and exclusive remedy for interru lions of can), "Construction" means when Service may not be available due to facilities limitations and it is necessary for CenturyLink to construct facilities. "Funding" means charges to Customer over the term of a Service contract covering CenturyLink's calculated costs for providing Service and it's expected rate of return when network infrastructure is not available to provide Service to Customer. CenturyLink may assess separate Construction charges if facilities are not available to meet an order for Service and CenturyLink constructs facilities under one or more of the following circumstances: (a) the amount of Customer's expected payments over the term of the Acknowledgment does not exceed CenturyLink's calculated cost of providing the Service plus its expected rate of return; (b) Customer requests that Service be furnished using a type of facility, or via a route that CenturyLink would not normally utilize in providing the requested Service; (c) more facilities are requested than would normally be required to satisfy an order; and (d) Customer requests that Construction be expedited, resulting in added cost to CenturyLink. Service provided under this Acknowledgment is subject to Funding approval and that approval will be evidenced in the Funding Concurrence block on this Acknowledgment. That approval will be granted at the sole discretion of CenturyLink. In the event contract documents are signed under which Customer is ordering Service for which Funding is not approved, CenturyLink will cooperate with Customer in good faith to O CenturyLink, Inc. All Rights Reserved. Page 1 of 3 2013-2295 develop an alternative service solution if Funding cannot be achieved on the contracted solution and CenturyLink may immediately terminate this Acknowledgment, without penalty, if Funding of the contracted and alternate Service solutions are determined to not be possible. This Acknowledgment will be governed by the laws of the state of Colorado, except with regard to matters which are within the exclusive jurisdiction of the state or federal regulatory agency. Those matters alone will be governed by the laws of the appropriate jurisdiction. Any legal proceeding arising out of, or relating to this Acknowledgment, will be brought in a United States District Court, or absent federal court jurisdiction, in a state court of competent jurisdiction, in the location of the party to this Acknowledgment not initiating the action. Notwithstanding the foregoing, CenturyLink may initiate proceedings in Denver, Colorado to collect undisputed amounts billed. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to this Acknowledgment on a class or consolidated basis or in a representative capacity. CenturyLink does not require or intend to access Customer data in its performance under this Acknowledgment, including but not limited to any confidential health related information of Customer's clients, which may include group health plans, that constitutes Protected Health Information ("PHI"), as defined in 45 C.F. R. §164.501 under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA Rules"). Any exposure to PHI will be random, infrequent and incidental to CenturyLink's provision of Service and is not meant for the purpose of accessing, managing the PHI or creating or manipulating the PHI. Such exposure is allowable under 45 CFR 164.502(a)(1)(iii). As such, if Customer is a Covered Entity or Health Care Provider under the HIPAA Rules or supports the health care industry, CenturyLink and Customer agree that CenturyLink is not a "Business Associate" or "Covered Entity" under the HIPAA Rules for the purposes of this Agreement. Customer may not assign this Acknowledgment or any of its rights or obligations under this Acknowledgment without the prior written consent of CenturyLink, which consent will not be unreasonably withheld. Customer may not assign to a reseller or a telecommunications carrier under any circumstances, and represents that it will not resell the Service. This Acknowledgment is intended solely for CenturyLink and Customer, and not to benefit any other person or entity (e.g., End User). "End User" means Customer's members, end users, customers, or any other third parties who use or access the Service or the CenturyLink network via the Service. If any term of this Acknowledgment is held unenforceable, such term will be construed as nearly as possible to reflect the original intent of the parties and the remaining terms will remain in effect. Neither party's failure to insist upon strict performance of any provision of this Acknowledgment will be construed as a waiver of any of its rights under this Acknowledgment. All terms of this Acknowledgment that should by their nature survive the termination of this Acknowledgment will so survive. In the event of a conflict in any term or condition of any documents that govern the provision of the Service under this Acknowledgment, the following order of precedence will apply in descending order of control: the Tariff, this Acknowledgment, and CenturyLink records. Neither party will be liable for any delay or failure to perform its obligations under this Acknowledgment if such delay or failure is caused by a Force Majeure Event. "Force Majeure Event" means an unforeseeable event beyond the reasonable control of that party, including without limitation: act of God, fire, flood, labor strike, sabotage, fiber cuts, acts of terror, material shortages or unavailability, government laws or regulations, war or civil disorder, or failures of suppliers of goods and services. Customer will not pay for the Services with funds obtained through the American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans that would obligate CenturyLink to provide certain information or perform certain functions unless each of those functions and obligations is explicitly identified and agreed to by the parties in this Acknowledgment or in an amendment to this Acknowledgment. Except for Tariff or Service modifications initiated by CenturyLink, all amendments to this Acknowledgment must be in writing and signed by the parties' authorized representatives. However, any change in rates, charges, or regulations mandated by the legally constituted authorities will act as a modification of any contract to that extent without further notice. Each party reserves the right at any time to reject any handwritten change to this Acknowledgment. This Acknowledgment constitutes the entire agreement between Customer and CenturyLink and supersedes all prior oral or written agreements or understandings relating to this subject matter. Electronic signatures on this Acknowledgment will be accepted only in the form and manner prescribed by CenturyLink. Weld County overnment Qwest Corporation d/b/a CenturyLink QC Authorized Sig at e Authorized Signature William F. Garcia Name Typed or Printed Chair, Board of Weld County Commissioners Title AUG 142013 Date Address for Notices: 1401 N. 17th Ave, Greeley, CO 80631 Name Typed or Printed a95 C Title Date FOR CENTURYLINK INTERNAL USE ONLY FUNDING CONCURRENCE REQUIRED PRIOR TO EXECUTION FOR NEW SERVICE (NOT REQUIRED FOR RENEWALS) AQCB Quote No_ Date Concurred: CenturyLink, Inc. All Rights Reserved. Page 2 of 3 50 13 moo/ 759 Agreement Number: CENTURYLINK CIRCUIT INVENTORY BILLING TELE- PHONE NO. (BTN) ADDRESS/CIRCUIT ID CIRCUIT TYPE QTY. or Channel Terminations Surcharge Exemption Code, if applicable* * Customer certifies Service qualities for exemption of the Private Line Surcharge in accordance with the Tariff. Written notification will be provided to CenturyLink at such time the exemption is no longer applicable due to changes or re -termination of any Service. FOR CENTURYLINK INTERNAL USE ONLY FUNDING CONCURRENCE REQUIRED PRIOR TO EXECUTION FOR NEW SERVICE (NOT REQUIRED FOR RENEWALS) AQCB Quote No. Date Concurred: © CenturyLink, Inc. All Rights Reserved. Page 3 of 3 v1.050113 NON -APPROPRIATIONS ADDENDUM This is an addendum ("Addendum") to a Qwest service agreement with Qwest Content ID: ("Underlying Agreement") between Weld County Government ("CUSTOMER") and Qwest Corporation ("Qwesf) for Interstate Private Line Transport Service ("Service"). 1. The purpose of this Addendum is to supplement the Underlying Agreement as follows: CUSTOMER intends to continue this Agreement for its entire term and to satisfy its obligations hereunder. For each succeeding fiscal period: 1) CUSTOMER agrees to include in its budget request appropriations sufficient to cover CUSTOMER's obligations under this Agreement; 2) CUSTOMER agrees to use all reasonable and lawful means to secure these appropriations; 3) CUSTOMER agrees it will not use non -appropriations as a means of terminating this Agreement in order to acquire functionally equivalent products or services from a third party. CUSTOMER reasonably believes that sufficient funds to discharge its obligations can and will lawfully be appropriated and made available for this purpose. In the event that CUSTOMER is appropriated insufficient funds, by appropriation, appropriation limitation or grant, to continue payments under this Agreement and has no other funding source lawfully available to it for such purpose (as evidenced by notarized documents provided by CUSTOMER and agreed to by Qwest), CUSTOMER may terminate this Agreement by giving Qwest not less than thirty (30) days prior written notice. Upon termination and to the extent of lawfully available funds, CUSTOMER shall remit all amounts due and all costs reasonably incurred by Qwest through the date of termination. 2. Except as modified herein, terms and conditions of the Underlying Agreement shall remain in full force and effect. The parties hereby execute and authorize this addendum as of the latest date shown below: C UST`t 1+i utfion ed Signature William F. Garcia Name Typed or Printed Chair, Board of Weld County Title AUG 14 2013 Qwest Corporation Authorized Sin lure Name Typed or Printed Commissioners 6 if., Date Title `1-13 Date © 2003 Qwest Corporation Page 1 v1.041103 dig=9� Esther Gesick From: Susan Quick Sent: Monday, August 12, 2013 2:01 PM To: Bruce Barker Cc: Esther Gesick; Monica Mika; Mike Wallace Subject: Contract for T1 Attachments: Nonappropriations addendum.doc; Interstate Agreement 8-12-2013.doc Bruce, The state will no longer provide connectivity for us to the towers so Mike Wallace and Andy Bellendir from WAC have asked that we get a T1 installed from our 35th Ave tower to our tower in New Raymer. Attached the non -signed documents. I will have signed ones tomorrow and will get them to Esther as soon as I get them — but need to get this on the boards agenda. Mike has asked for a 3 year contract. Please let me know if you have any questions or concerns and please get this on the BOCC agenda. Thanks! SusQutC,& Weld County Telecom Manager 1401 N 17 Ave Greeley, CO 80631 970-304-6560 extension 2600 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Hello