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Home My WebLink About20082811.tiff RESOLUTION RE: APPROVE AMENDMENT#1 TO LOYAL ADVANTAGE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - QWEST COMMUNICATIONS CORPORATION 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 Amendment #1 to the Loyal Advantage Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of Phone Services, and Qwest Communications Corporation,commencing upon full execution of said amendment,with further terms and conditions being as stated in said amendment, and WHEREAS,after review,the Board deems it advisable to approve said amendment,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 Amendment#1 to the Loyal Advantage Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of Phone Services, and Qwest Communications Corporation be, and hereby is, approved and fully funded. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of October, A.D., 2008. BOARD OF COUNTY COMMISSIONERS Ellie WELD COUNTY, COLORADO ATTEST: Ltitil ,,.1861 � L O �3 William H. Jerke, Chair Weld County Clerk to th�: '••u.►`o. Fill 4 EXCUSED Ropert D. as e r -Tem BY: Deputy Cler to the Board Willi F. `Garcia {� APP AS M: "�` C � David E. Long ounty orney 01 f glas ade ac r) Date of signature: / )\ 2008-2811 CM0017 AMENDMENT I TO QWEST LOYAL ADVANTAGETM AGREEMENT THIS AMENDMENT NO. 1 (this "Amendment") by and between Qwest Communications Corporation ("Qwest") and Weld County ("Customer"), hereby amends the Qwest Loyal Advantage Agreement, Qwest Content ID: 256316, as may have been previously amended (the"Agreement"). Except as set forth in this Amendment, capitalized terms will have the definitions assigned to them in the Agreement. Qwest and Customer wish to amend the Agreement as follows: 1. Revision of Services. The Services and rates set forth in the pricing table below are being added to Section 2 of the Pricing Attachment to the Local Access Service Exhibit attached to the Agreement. These Services are added to, and constitute a part of, the Agreement and the existing Services. Ethernet Local Access: Minimum MRC NRC—Port Location Bandwidth Service Term (each) (each) 1401 N. 17`"Avenue Greeley, CO 10 Mbps 60 months $925.00 $1,100.00 The term for the Ethernet Local Access Service for the location specified above begins on the Start of Service Date and continues 60 months ("Minimum Service Term"). Upon expiration of the Minimum Service Term, the Service will automatically renew for the same Term as the Agreement. "Start of Service Date" means the earliest to occur of: (a) the date on which Customer begins to utilize the Service; or(b) five days following the date on which Service is made available for use by Customer unless Customer notifies Qwest before this date that the Service or the Qwest interexchange carrier service or IP service on the Qwest Domestic Network("Dedicated Service")associated with the Service does not meet the applicable performance specifications, if any. 2. Pricing. Any new rates applicable to Customer's existing Services will become effective at Qwest's earliest opportunity, but in no event later than the second full billing cycle following the Amendment Effective Date. 3. Miscellaneous. This Amendment will be effective as of the date it is executed by Qwest after the Customer's signature (the "Amendment Effective Date") and be deemed incorporated by reference into the Agreement. All other terms and conditions in the Agreement shall remain in full force and effect and be binding upon the parties. This Amendment and the Agreement set forth the entire understanding between the parties as to the subject matter herein, and in the event there are any inconsistencies between the two documents,the terms of this Amendment will control. The undersigned parties have read and agree to the terms and conditions set forth in this Amendment. QWEST COMMUNICATIONS CORPORATION CUSTOMER: WELD COUNTY By:` `-t c e /�.s e By: Name: Susan Baker Name: William H. Jerke Title: Staff Offer Management Analyst Title: Chair, Board of County Commissioners Date: 10/16/08 Date: 10/20/2008 OMR#O87687 amends#O55278 Page 1 Copyright©Qwest. All Rights Reserved. CONFIDENTIAL v1.020108 �rcf g5), Hello