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Home My WebLink About20111491.tiff QWEST®LINE VOLUME PLAN ACKNOWLEDGMENT FORM ("Acknowledgment") 1. Scope; Definitions. Weld County("Customer") hereby acknowledges they are ordering the Qwest Line Volume Plan ("QLVP") provided by Qwest Corporation ("Qwest"). QLVP provides discounts on Discount Eligible Services based on Customer's purchase of 10 to 3,000 Contributory Access Lines,as more fully described herein. Qwest provides QLVP in accordance with the applicable Qwest tariff, price list, price schedule, administrative guideline, catalog, or other rate and term schedules ("Tariff), which is incorporated into this Acknowledgment by reference and made a part of this Acknowledgment. THE TERMS AND CONDITIONS IN THIS ACKNOWLEDGMENT WILL NOT BE EFFECTIVE UNTIL THE FILING AND APPROVAL REQUIREMENTS FOR EACH APPLICABLE STATE REGULATORY AGENCY HAVE BEEN FULFILLED, WHICH IS EXPECTED TO BE COMPLETED BY JUNE 19, 2010. IF THE QLVP Tariff IS MODIFIED OR NOT APPROVED BY A STATE REGULATORY AGENCY, THIS ACKNOWLEDGMENT WILL BE NULL AND VOID. The Contributory Access Lines and Discount Eligible Services (collectively the "Service")described herein are provided in accordance with, and governed by the Tariff applicable to the Service. Qwest reserves the right to amend, change, withdraw, or file additional Tariffs in its sole discretion, with such updated Tariffs effective upon posting or fulfillment of any necessary regulatory requirements. "Contributory Access Lines" means the aggregate number of Customer's existing and new local business exchange access lines as set forth on Exhibit 2,that will be considered for purposes of determining the applicable Line Tier as set forth in Exhibit 1, both of which are incorporated by this reference and made part of this Acknowledgment. Contributory Access Lines are Flat Business Lines, Qwest Choice® Business (USOC PGOQL and PGOBA), Qwest Choice® Business Plus (USOC PGOQM, PGOQX and PGOQY), Qwest Choice® Business Add-A-Line, Qwest Choice® Business Prime, Qwest Choice® Two-Line Business, Qwest Business Line PIusTM' Qwest Utility Linen', CustomChoice® for Business and Centrex 21 in Qwest's local serving area in the following states: Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington and Wyoming(the"14 States"). The Contributory Access Lines will be aggregated across the 14 States, and will be determined conclusively by Qwest records. "Discount Eligible Services" are Flat Business Lines, Hunting associated with Flat Business Lines, Qwest Choice Business (USOC PGOQL only), Qwest Choice Business Plus (USOC PGOQM only), Qwest Choice Business Add-A-Line, and Qwest Choice Business Prime in Qwest's local serving area in the 14 States. "Rates" means the net rates that will be derived by applying discounts to the Tariff month-to-month rates for Discount Eligible Services which will appear as a credit on each monthly bill. 2. Term. This Acknowledgment will expire three years from the Discount Effective Date, as defined herein ("Term"). If Qwest continues to provide Service after the Term without a further agreement, the QLVP discounts will be discontinued and Service will continue at the then applicable month-to-month rate and terms and conditions of the Tariff. 3. Contributory Access Lines, Line Tier and Rates. Based on 24 Contributory Access Lines, Customer will pay the Rates for Services listed on Exhibit 1 hereto for the 10-49 line tier("Line Tier") on each monthly bill for all Discount Eligible Services purchased during the Term. The Rates will(a) not change during the Term of this Acknowledgment; (b)commence on the effective bill date of the first service order to add QLVP to Customers account ("Discount Effective Date"); (c) not be applied to more than 3000 Discount Eligible Service lines; and (d)terminate upon expiration of the Term, and Service will continue at the applicable month-to-month rate and terms of the Tariff. 4. Changes. Customer may move or add Service ("Change") if Qwest commercially offers such Change, and Customer agrees to pay all applicable charges related to such Change. Such Change will be subject to the terms and conditions of the Tariff. Rates for added Service will (a) commence on the effective bill date of the first service order to add QLVP to the added Service; (b) not be retroactive to the Discount Effective Date; and (c) terminate upon expiration of the Term. Additions to the Contributory Access Lines will not change the Rates under this Acknowledgment. The Contributory Access Lines and any Change, will be determined conclusively by Qwest records. 5. Minimum Line Requirement, Annual Audit, Shortfall Charge. Based on the Line Tier, Customer must maintain 10 Contributory Access Lines ("Minimum Line Requirement") during the Term of this Acknowledgment. At the end of each twelve month period following the Discount Effective Date("Annual Period"), Qwest will conduct an audit to determine the number of Customers operational Contributory Access Lines("Line Count'). If after each Annual Period Customer's Line Count fails to meet or exceed the Minimum Line Requirement, Customer will promptly pay to Qwest a shortfall charge equal to the difference between the Minimum Line Requirement and the Line Count multiplied by$60("Shortfall Charge"). In no event will the number of actual Contributory Access Lines in excess of Customer's Minimum Line Requirement in a particular Annual Period be "rolled back" or "carried over" for purposes of achieving Customer's Minimum Line Requirement in a prior or subsequent Annual Period. 6. Termination. Customer understands that, if prior to the conclusion of the Term, Customer terminates this Acknowledgment or Service in its entirety then Customer will be liable for a termination charge equal to the Minimum Line Requirement multiplied by$15, multiplied by the number of months remaining in the Term("Termination Charge"). If a Termination Charge applies, such charge will be waived if at the same time this Acknowledgment is terminated, Customer enters into a new agreement for any other Qwest provided service and the total value of the new service agreement, excluding any nonrecurring and special construction charges, equals or exceeds the Termination Charge, which will be considered the remaining value of this Acknowledgment. The waiver does not apply to changes between regulated and unregulated or enhanced products and services. eSiaxan 0. /O js. jl/ CC '. O45 \-o SuSo-o— 2011-1491 Copyright©Qwest.All Rights Reserved. Page 1 of 6 ill (l! I I 43,14 / v1.061710 CONFIDENTIAL L"r t U."( QWEST®LINE VOLUME PLAN ACKNOWLEDGMENT FORM("Acknowledgment") 7. Governing Law; Dispute Resolution. 7.1 Governing Law; Forum. This Acknowledgment will be governed by the laws of the state of Colorado,except with regard to matter which are within the exclusive jurisdiction of a state or federal regulatory agency. Those matters alone will be governed by the laws r the appropriate jurisdiction. Any legal proceeding relating to this Acknowledgment will be brought in a U. S. District Court, or abser federal jurisdiction, in a state court of competent jurisdiction, in the location of the party to this Acknowledgment not initiating the actior But Qwest may, at its discretion, initiate proceedings in Denver, Colorado to collect undisputed amounts billed. This provision is nc intended to deprive a small claims court or state agency of lawful jurisdiction that would otherwise exist over a claim or controvers between the parties. 7.2 Waiver of Jury Trial and Class Action. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waive its right to a jury trial and any right to pursue any claim or action relating to this Acknowledgment on a class or consolidated basis or in representative capacity. 8. General. Customer may not assign this Acknowledgment or any of the rights or obligations hereunder without the prior writte consent of Qwest which will not be unreasonably withheld. Customer may not assign to a reseller or telecommunications carrier undi any circumstances. In the event of a conflict in any term or condition of any documents that govern the provision of the Servic hereunder, the following order of precedence will apply in descending order of control: the Tariff, this Acknowledgment, and Qwe, records. Neither party will, without the prior written consent of the other party: (a)disclose any of the terms of this Acknowledgment r use the name or marks of the other party or its affiliates; or(b)disclose or use(except as expressly permitted by,or required to achie‘ the purposes of, this Acknowledgment)the Confidential Information of the other party. Qwest's consent may only be given by its Leg Department. "Confidential Information" means any information that is not generally available to the public, whether of a technics business or other nature and that: (i) the receiving party knows or has reason to know is confidential, proprietary or trade secr information of the disclosing party; and/or (ii) is of such a nature that the receiving party should reasonably understand that tt disclosing party desires to protect such information against unrestricted disclosure. Confidential Information will not include informatic that is in the public domain through no breach of this Acknowledgment by the receiving party or is already known or is independent developed by the receiving party. Customer will not pay for Service with funds obtained through the American Recovery ar Reinvestment Act (or ARRA) or other similar stimulus grants or loans that would obligate Qwest to provide certain information i perform certain functions unless each of those functions and obligations is explicitly identified and agreed to by the parties in th Agreement or in an amendment to this Agreement. This Acknowledgment constitutes the entire understanding between Customer and Qwest and supersedes all prior oral or writte agreements or understandings relating to this subject matter. Electronic signatures on this Acknowledgment will be accepted only the form and manner prescribed by Qwest. Weld ount/y / Qwest C rpo tion thorized Signature / Autho ed nature [�/ // Barbara Kirkmeyer Lis ! �(, �� Name Typed or Printed Name Typed or P ' ted Chair, Board of Weld County Commissioners et.-16.i Title Title L JUN 1 5 2011 / a e // Date* Date* Address for Notices: Address for Notices: 1401 N. 17th Ave 1801 California Street,Suite 900 Greeley, CO Denver, Colorado 80202 80631 Attn.: Legal Department *THIS ACKNOWLEDGMENT WILL NOT BE EFFECTIVE UNTIL JUNE 19, 2010 OR THE Tariff APPROVAL DATE,WHICHEVER I LATER. Copyright©Qwest.All Rights Reserved. Page 2 of 6 v1.0617 CONFIDENTIAL QWEST®LINE VOLUME PLAN ACKNOWLEDGMENT FORM("Acknowledgment") EXHIBIT 1 MONTHLY RATES FOR DISCOUNT ELIGIBLE SERVICES Customer: Weld County Acknowledgment Number: Contributory Access Lines=24 Line Tier= 10-49 Minimum Line Requirement= 10 Discount Eligible Services "1 FB"= Flat Business Lines. Hunting associated with 1 FB will be provided at no additional charge. "QCB"=Qwest Choice®Business(USOC PGOQL only) "QCB Plus"=Qwest Choice®Business Plus "QCB AAL" =Qwest Choice®Business Add-A-Line "QCB Prime"=Qwest Choice®Business Prime Monthly Rates 1 FB QCB QCB Plus QCB AAL QCB Prime Arizona ---------- --------- --------- -------- ------- Colorado $23.99 3 yr 10-49 $26.99 3 yr 10-49 $27.99 3 yr 10-49 $24.99 3 yr 10-49 $25.99 3 yr 10-49 Idaho-N ---------- N/A N/A N/A N/A Idaho-S ---------- --------- --------- Iowa --------- ---------- Minnesota ----------- ------------ ------------ Montana --------- ---------- -------- --------- -------- Nebraska ——— — —— ------------ New Mexico ----------- ----------- North Dakota ----------- --------- ----------- Oregon ---------- ---------- ---------- --------- South Dakota --------- ---------- ----------- Utah ----------- --------- --------- --------- -------- Washington ----------- ----------- ---------- ----------- ---------- Wyoming —— — —` ---------- -------- ---------— --------- * Hunting associated with 1 FB in Wyoming will be discounted 95%off the month-to-month rate Copyright©Qwest.All Rights Reserved. Page 3 of 6 v1.06171 CONFIDENTIAL QWEST®LINE VOLUME PLAN ACKNOWLEDGMENT FORM ("Acknowledgment") EXHIBIT 2 Customer: Weld County Acknowledgment Number: Contributory Access Lines and (USOCs) "IFS"= Flat Business Lines(1 FB, 1 FL, 1 FA,AFK,AFV,AF4,7FB, BHS)** "QUL"=Qwest Utility Linen' (AWL) "C21"=Centrex 21 (RXB, EPB, R4X,XRW,XRS, RSX, R4V, R6X) ** Flat Business Lines with the following Qwest Choice®packages will only receive the discount for the package as shown on Exhibit 1. "QCB"=Qwest Choice®Business(PGOQL) "QCB AAL"=Qwest Choice®Business Add-A-Line(PGOQN) "QCB Plus"=Qwest Choice®Business Plus(PGOQM) "QCB Prime"=Qwest Choice®Business Prime(PGOQT) TOTAL Contributory Access Lines: 24 Customer certifies that the Contributory Access Lines (a) exist under the Billing Telephone Numbers ("BTN") shown below; or (b)will be installed at the Service Address(es) shown below. Recommended Existing Service QLVP 5 Account # Address All Lines Char?es Year Choice Prime 303-857-2465-639 Multiple 303-857-2465 $388.51 $227.15 (7 Lines) 303-857-2725 303-857-3027 303-857-3028 Now pay for FVJ on 303-857-3037 each line @$5.45 ea 303-857-4052 303-857-4635 970-346-8246-957 315 N. llth Ave 970-346-8246 $90.44 $81.41 (1 POTS Lines) rwo otpthg ��ctt 2 Standby Lines acspyot[t 17dby t k!l1 tt► rt ll $VA 3401 11th Ave, 970-330-5700-043 Evans 970-330-5700 $177.96 $144.90 (2 Lines) 970-339-5823 Now have ESX (call waiting) and FDJ (call forward on a don't answer + DSL 5500 Highway 303-833-4337-315 52, Dacono 303-833-4337 $82.96 $64.90 Copyright©Qwest.All Rights Reserved. Page 4 of 6 v1.06171 CONFIDENTIAL QWEST®LINE VOLUME PLAN ACKNOWLEDGMENT FORM("Acknowledgment") (2 Lines) 303-833-4345 2999 9th St., Fort 303-857-2987-007 Lupton 303-857-2987 $41.48 $32.45 (1 Line) 7625 Weld 303-857-7870-559 County Rd 31 303-857-7870 $41.48 $32.45 (1 Line) 970-336-0092-270 1950 O Street 303-336-0092 $41.48 $32.45 (1 Line) 915 10th Street, 970-353-4503-907 Greeley 970-353-4503 $41.48 $32.45 1 Line 2110 O Street, 970-356-3678-697 Greeley 970-356-3678 $41.48 $32.45 1 Line 1401 N. 17th Ave, 970-378-6615-288 Greeley 970-378-6615 $41.48 $32.45 1 Line 2110 O Street, 970-392-9963-746 Greeley 970-392-9963 $41.48 $32.45 1 Line 100 S. 2nd St, 970-587-4508-380 Johnstown 970-587-45008 $41.48 $32.45 1 Line 9952 Eastman 970.674-5014-292 Park Dr, Windsor 970-674-5014 $121.48 $112.45 (1 Line) Copyright©Qwest.All Rights Reserved. Page 5 of 6 v1.06171 CONFIDENTIAL QWEST®LINE VOLUME PLAN ACKNOWLEDGMENT FORM ("Acknowledgment") 16504 Beebe Draw Pkwy, 970-785-2753-731 Platteville 970-785-2753 $41.48 $32.45 1 Line 4209 Weld County Rd 24 303-678-8096-314 1/2, Longmont 303-678-8096 $41.48 $32.45 1 Line 5500 Hwy 52, 303-833-6578-354 Dacono 303-833-6578 $41.48 $32.45 1 Line 24 POTs Lines Copyright©Qwest.All Rights Reserved. Page 6 of 6 v1.06171 CONFIDENTIAL NON-APPROPRIATIONS ADDENDUM This is an addendum ("Addendum") to a Qwest service agreement with Qwest Content ID: insert Content ID of Agreement being addended ("Underlying Agreement") between Weld County Government ("CUSTOMER") and Qwest Corporation ("Qwest") for Qwest Line Volume Plan (QLVP)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: CU TOM/ER /�/, Qwgst rporation homraSig rkm y onz / at ; / /� l� '` Barbara Kirkm er f-fzL lJ Name Typed or Printed Name Typed knsPrint9d Chair. Board of Weld County Commi ssi°nery a f/) / dl a_/1A-Pie ✓ Title JUN 1 5 2011 Title l� Date Date ©2003 Qwest Corporation Page 1 v1.041103 (1/- /V/W/ Hello