HomeMy WebLinkAbout20010554.tiff Agreement Number C77444
Billing Number 970 392-4540
QWEST DIGITAL SWITCHED SERVICE
RATE STABILITY PLAN
FOR ADVANCED TRUNKS, DID TRUNK TERMINATIONS AND DS1
This is an agreement between WELD COUNTY GOVERNMENT ("Customer") and Qwest Corporation ("Qwest"),
for the provision of the Qwest Digital Switched Service ("Service"). Throughout this Agreement, Customer and
Qwest may individually be referred to as"Party" and/or collectively as "Parties".
1. SCOPE. Qwest shall provide and Customer shall purchase Digital Switched Service ("Service"). Qwest
supplies Customer with use of digital DS1 exchange telecommunications Service facility and common equipment,
linking Customer's premises to Qwest's local exchange switching office. Service includes: 1) use of digital facility
(transmission capacity at a maximum speed of 1.544 megabits per second); 2) use of common equipment to
interconnect with Qwest's local exchange switch; and 3) use of advanced flat usage trunks and DID trunk
termination for access to the local exchange and toll networks. Qwest provides Service in accordance with the
applicable Tariff, Price List, Price Schedule, Administrative Guidelines, and/or Catalog ("Tariff') which governs
Service in the state Service is provided, incorporated herein by this reference. Where any term or condition of this
Agreement conflicts with the Tariff, the then current Tariff shall prevail.
2. TERM.
2.1. This Agreement is effective on the latest signature date and expires Sixty ( 60) months from the date
Service is available to Customer under this Agreement, as evidenced by Qwest records ("Term").
2.2. If Qwest continues to provide Service after this term without a further Agreement, the provisions for month-
to-month service in the Tariff will apply.
3. SERVICE PROVIDED. Qwest will provide and maintain the Service terminating in the locations and quantities
noted below.
4. BILLING FOR SERVICE. Customer shall pay each bill in full by the payment due date. If late payment
charges are applicable and permitted by law, they may be assessed and billed at 1% percent per month or the
highest lawful rate, whichever is less, on the unpaid balance.
2001-0554
Cf`noO13
5. CHARGES/LOCATION.
5.1. Charges shall commence upon provision of Service as evidenced by Qwest records and shall be
guaranteed against any increase initiated by Qwest during the term of this Agreement. Customer agrees to pay the
following charges for Service:
CUSTOMER'S ADDRESS: 915 10 GREELEY
QWEST'S ADDRESS: 926 10 GREELEY
Quantity Usoc MONTHLY NONRECURRING
RATE EACH RATE EACH
24 TY4C5 $ 54.50 $ 0.00
1 D7ZD5 $ 110.00 $ 0.00
Total Rate Stabilized Monthly Recurring Charge: $ 1418.00
Total Nonrecurring Charge: $ 0.00
5.2. Customer shall pay Qwest all applicable taxes, usual and customary surcharges, and all government imposed
fees and charges that relate to the Service or installation rendered hereunder. The charges for Service under this
Agreement, including any and all discounts to which Customer may be entitled, will be offered and charged to
Customer independently from and regardless of the Customer's purchase of any customer premises equipment or
enhanced services from Qwest.
6. SERVICE CHANGES.
6.1. MOVES. Customer may move the physical location of all or part of Service to another location within the
same Qwest intrastate intraLATA serving area as this Service provided the following conditions for the move ("new
service") are met; 1) the new service is provided to Customer by Qwest; 2) Customer advises Qwest that the
requested new Service replaces existing Service; 3) Customer's requests for the disconnection of the existing
Service and the installation of the new service are received by Qwest within thirty (30) calendar days of each other
if service is in New Mexico and "at the same time" if service is in any other state; 4) Customer requests Qwest to
install the new Service on or prior to the disconnection date of the existing Service; and 5) Customer agrees to sign
appropriate agreements and to pay all of the then current recurring and nonrecurring charges related to the new
service.
6.2. ADDITIONS TO SERVICE. Customer may request additions to Service and Qwest will supply such
additions to Customer, subject to the following conditions: 1) Service under this Agreement may be added up to
twelve (12) months prior to the expiration date of Agreement and will be at the applicable state monthly recurring
and nonrecurring rates stated herein. 2) Qwest commercially offers such additions and necessary facilities are
technically and practicably available.
6.3. CHANGES. Customer with Advance Digital Switched Services may convert to Uniform Access Solution
Service (UAS) subject to the following conditions: 1) Qwest commercially offers such UAS and necessary facilities
are technically and practicably available; and 2) Customer pays all applicable new installation charges in
accordance with the applicable Tariff for UAS.
6.4. Qwest and Customer agree to execute written amendments to this Agreement for such additions and/or
changes.
7. TERMINATION.
7.1. Either Party may terminate this Agreement for cause provided written notice specifying the cause for
termination and requesting correction within thirty (30) days is given the other Party and such cause is not
corrected within that thirty (30) day period. Cause is any material breach of the terms of this Agreement. If Qwest
terminates this Agreement for cause, or if Customer terminates this Agreement in whole or in part WITHOUT
cause, Customer shall pay termination liability charges. If termination is prior to installation of SERVICE and after
execution of this Agreement, early termination charges shall be those reasonable expenses incurred by Qwest
through the date of termination. If Customer disconnects all or part of Service after installation and Service is
terminated below eighty percent(80%) of the initial threshold, Customer shall pay a termination charge equal to fifty
percent (50%) of the monthly rate for Service terminated multiplied by the number of months, or portion thereof,
remaining in the term of this Agreement; plus the balance of all billed but unpaid recurring and all outstanding
nonrecurring charges. Initial threshold quantities under this Agreement are set forth in Section 5, Charges/Location
above.
7.2. A termination charge will be waived when all of the following conditions are met: 1) the customer
discontinues their contracted service(s) and signs a new service agreement(s) for any other Company provided
service(s), 2) the new service agreement(s) have a total value equal to or greater than 115% of the remaining
prorated value of the existing agreement(s) (excluding any special construction charges, applicable nonrecurring
charges, or previously billed but unpaid recurring and/or nonrecurring charges), 3) the Customer places the orders
to discontinue the service and establish new service at the same time, and 4) a new minimum service period goes
into effect when the new service agreement term begins. The waiver does not apply to changes between regulated
and unregulated or enhanced products and services.
7.3 New service is defined as a newly installed service placed under a new service agreement(s), or newly
installed additions to an existing service agreement(s), but does not include renewals of expiring service
agreement(s), renegotiations of existing service agreement(s) and conversions from month-to-month service to
contracted service.
8. OUT-OF-SERVICE CREDIT. If Qwest causes a Service interruption, an out-of-Service credit will be
calculated under the state local exchange tariff. If there is no applicable tariff and the interruption lasts for more
than twenty-four(24) consecutive hours after Qwest receives notice of it, Qwest will give Customer credit calculated
by: (a) dividing the monthly rate for the affected Service by thirty (30) days; and then (b) multiplying that daily rate
by the number of days, or major fraction, that Service was interrupted. Routine maintenance or rearrangement of
facilities or equipment is not considered an Out-of-Service condition provided Service is restored by the end of the
period specified in the notification.
9. PERSONAL INJURY; PROPERTY DAMAGE. Each Party shall be responsible for any actual physical
damages it directly causes in the course of its performance under this Agreement, limited to damages resulting
from personal injuries, death, or property damage arising from negligent acts or omissions; PROVIDED
HOWEVER, THAT NEITHER PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT,
OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF
BUSINESS, OR LOSS OF PROFIT.
10. LIMITATION OF LIABILITY. QWEST SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL,
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY
LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. EXCEPT AS PROVIDED IN PERSONAL INJURY;
PROPERTY DAMAGE SECTION, ANY QWEST LIABILITY TO CUSTOMER
FOR ANY DAMAGES OF ANY KIND UNDER THIS AGREEMENT SHALL NOT EXCEED, IN AMOUNT, A SUM
EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER THIS AGREEMENT ARE
EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.
11. NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
12. UNCONTROLLABLE CONDITIONS. Neither Party shall be deemed in violation of this Agreement if it is
prevented from performing any of the obligations under this Agreement by reason of severe weather and storms;
earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or
military emergencies; acts of legislative, judicial, executive or administrative authorities; or any other circumstances
which are not within its reasonable control.
13. DISPUTE RESOLUTION. Any claim, controversy or dispute between the parties shall be resolved by
binding arbitration in accordance with the Federal Arbitration Act, 9 U.S.C. 1-16, not state law.
14. LAWFULNESS. This Agreement and the Parties' actions under this Agreement shall comply with all
applicable federal, state, and local laws, rules, regulations, court orders, and governmental or regulatory agency
orders. 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. This Agreement shall be governed by the laws of
the state where Service is provided.
15. SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with proper
jurisdiction determines that this Agreement or a provision of this Agreement is unlawful, this Agreement, or that
provision of the Agreement to the extent it is unlawful, shall terminate. If a provision of this Agreement is
terminated but the parties can legally, commercially and practicably continue without the terminated provision, the
remainder of this Agreement shall continue in effect.
16. GENERAL PROVISIONS.
16.1. Failure or delay by either Party to exercise any right, power, or privilege hereunder, shall not operate as a
waiver hereto.
16.2. This is a retail end user contract. It may be assigned only with the consent of Qwest. Customer may not
assign to a reseller or a telecommunications carrier under any circumstances.
16.3. This Agreement benefits Customer and Qwest. There are no third party beneficiaries.
16.4. If a Party returns this Agreement by facsimile machine, the signing Party intends the copy of this authorized
signature printed by the receiving facsimile machine to be its original signature.
16.5. This Agreement constitutes the entire understanding between Customer and Qwest with respect to Service
provided herein and supersedes any prior agreements or understandings.
17. EXECUTION. The Parties hereby execute and authorize this Agreement as of the latest date shown
below. Notices concerning this Agreement may be sent to Qwest's Customer billing address of record or to
Customer's Address for Notices specified herein, if any.
Customer Qwest Corporation
Auth rized Signature Au orized Signature M. J. Gene. Chair a iki
�Name Typed or Printed Name TT ente . , _La (
Board of County Commissioners 4.4.
Title Title
02/26/01 �S' v2O0
Date Date / gc / ( /yam /8 G-
P.0.Box '728. Greeley CO 206.39 �J"
Address for Notices: Address for Notices: obni2 /2
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