HomeMy WebLinkAbout20002784 RESOLUTION
RE: APPROVE QWEST ISDN PRIMARY RATE SERVICE AGREEMENT INCLUDING
RATE STABILIZED DID TRUNKS OR DS1 TRUNKS, AND NON-APPROPRIATIONS
ADDENDUM TO SAID AGREEMENT AND AUTHORIZE CHAIR TO SIGN - QWEST
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 a Qwest ISDN Primary Rate Service
Agreement Including Rate Stabilized DID Trunks or DS1 Trunks, and a Non-Appropriations
Addendum to said agreement between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Weld County Phone
Services, and Qwest Corporation, with further terms and conditions being as stated in said
agreement and addendum, and
WHEREAS, after review, the Board deems it advisable to approve said agreement 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 Qwest ISDN Primary Rate Service Agreement Including Rate
Stabilized DID Trunks or DS1 Trunks, and Non-Appropriations Addendum to said agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Phone Services, and Qwest
Corporation be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement and addendum.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of November, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:ST: LW ��` -a EXCUSED DATE OF SIGNING (AYE)
I ����
Barbara . Kirkmeyer, Chair
Weld County Clerk to t Bn:
. M. . G ile, Pro-Tern
BY: �, . i�.'�!:. v I -
/-
Deputy Clerk to the B:' �
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A1/41-CF /ED it3*FORM: y
K ��/� Dale K. Hall
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/Zit;of ity Atto'ney�� -�'lGll fil A
Glenn a --
;00 ; phone services 2000-2784
CM0012
OCT 31 '00 08:30RM US WEST P.2/7
RG 29-0139
(07/00)
Subscriber Name and Address:
WE La COuniy GautRrvi116NT
(type or print name as it appears on your existing records or current bill)
O . Rex 7C0 p
r4RF El 6 00 ?Mad-
(type or print your billing address)
List of Affected Telephone Numbers:
97o-3oy-104O0 -thee 97a-3Uy_4S97- 7 iJ 0. Lia_k of ZOo O u Ds
q7o-353-5700 q70-353-38S'o 970-3s338/(.
976-3S3 -389r 97o-353-3 YO 99o-3S3- O(ooa _
97o-353- Woo 97o-3S3 -38/S 976-356- 80/4
I authorize Qwest to act as my agent for the following telecommunications
service(s):
Select and authorize Se authorize Sele: ;' authorize
Qwest for Owes for Qw ( for
Local Voice Service Lo istance Lo I to Service
THIS AUTHORIZATION APPLIES TO ALL THREE SERVICES UNLESS YOU CROSS OUT
THE ONE(S) THAT DO NOT APPLY
• The undersigned understands that only one Telecommunications Company
can be designated as the preferred carrier for each of the services described
above, and that this change may involve a charge.
• The undersigned has decided to change from their current
telecommunications provider to Qwest.
• /The undersigned designates Qwest to act as my agent for the change.
114 J . November 6. 2000
(signature) (date)
Barbara J. Kirkmeyer
(type or print name of signer)
Chair _
(title, " applicable
I � i
ATTEST: ��
3 186i (/ .``„„ftp�BY: rp
Deputy Clerk to t
2000-2784
CrnCO�c�
OCT 31 '00 08:30AM US LEST P.3:7
Agreement Number C75357
Billing Number 970-3044400, K970-0179,0180
QWEST ISDN PRIMARY RATE SERVICE AGREEMENT
INCLUDING RATE STABILIZED DID TRUNKS OR DS1 TRUNKS
This is an Agreement between WELD COUNTY GOVT ("CUSTOMER"), and Qwest Corporation ("QWEST'),
formerly known as U S WEST Communications, Inc. ("USWC"), for the provision of QWEST Integrated
Switched Digital Network(9SDIf)Primary Rate Service("Service"or"PRS")_
1. SCOPE.
1.1. QWEST shall provide end CUSTOMER shall pay for Service which provides a digital intraLATA, intrastate,
switched local exchange telecommunications service transporting and distributing voice, data, image, and/or
facsimile communications separately or simultaneously over the public switched local exchange network, as
defined herein. QWEST shall provide Service in accordance with the applicable State Tariff, Price List, and/or
Catalog("Tariff')which governs Service in the state Service is provided, incorporated herein by this reference.
1.2- Service operates at 1.544 megabits per second (Mbps). It is comprised of 23 B channels and one D
channel. Each B Channel transmits voice or data at 64 kilobits per second (Kbps)_ The D channel canies signaling
Information at 64 Kbps.
1.3. Subject to availability,a second PRS may be equipped at the same location to provide 24 B channels only
(24B)or to provide 23 B channels plus 1 back-up channel(23B+BUD).
1.4. CUSTOMER has also elected to rate stabilize the DID trunks or DS1 trunks_
2. TERM.
2.1. The term of this Agreement shall commence on the latest signature date, provided any mandatory
commission filing requirements have been met. The minimum Service period for PRS is twelve (12) months. The
term of this Agreement will expire Sbdy(60)months from either:
a. The first installation date of PRS(as evidenced by QWESTs records), if Service is new;or
b. The date of 11/27/2000.
2.2. Should QWEST continue to provide PRS after this term without a further agreement, the PRS charges will
convert:to the applicable month-to-month rate under these terms and conditions.
3. SERVICE PROVIDED. QWEST will provide and maintain the Service terminating at the locations and in
the quantities noted in Section 4 below.
4, CHARGES AND LOCATIONS.
4.1. Service will be provided at the following locations: 2110 O ST GREELEY
OCT 31 '00 08:304'1 US WEST P.4/7
4.2. CUSTOMER agrees to pay the following charges for Service:
Quantity; 2
Usoc: ZPTG5
Quantity: 46
Usoc: PT352
Quantity: 2
Usoc: ZPXJ5
Total Rate Stabilized Monthly Recurring Charge. $3315.60
Total NonrecurAng Charge. $0.00
in addition to the monthly recurring charges and nonrecurring charges. 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.
4.3. The charges for Services 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.
4.4. If Service is not available in CUSTOMER's switch, an Interoffice Mileage Charge for transport between
switches shall apply and it shall be included in the above total monthly recurring charge.
6. BILLING FOR SERVICE. CUSTOMER shall pay each bill in MI by the payment due date. If late payment
charges are applicable and permitted by law, they may be assessed and billed at 1 1/2 percent per month or the
highest lawful rate,whichever is less,on the unpaid balance.
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 on the same
date; 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 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) QWEST commercially offers such additions and
necessary facilities are technically and practicably available; 2) the charges for additional Service will be charged
the then current charges in effect for Service at the time of such additions, and which correspond to the term of this
Agreement.
63. QWEST and CUSTOMER agree to execute written amendments to this Agreement for such additions.
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 breath of the terms of this Agreement. If QWEST
terminates this Agreement for cause or if CUSTOMER terminates this Agreement WITHOUT cause, CUSTOMER
shall pay early termination 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, during the Minimum Service Period of 12 months ("Minimum Service Period"), CUSTOMER
disconnects all or part of Service after Installation. CUSTOMER shall pay a termination charge of 100% for the
months remaining in the Minimum Service Period,plus My percent(50%)for the remaining term of the Agreement;
plus the balance of all billed.but unpaid recurring and ail outstanding nonrecurring charges. If CUSTOMER
disconnects all or part of Service after the Minimum Service Period, 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
0CT 31 '00 08:30AM US WEST P.5/7
portion thereof, remaining in the term of this Agreement; plus the balance of all billed but unpaid recurring and all
outstanding nonrecurring charges.
7.2. A termination charge will be waived when the CUSTOMER discontinues Service(s) and ALL of the
following conditions are met: 1) CUSTOMER signs a service agreement for any other QWEST-provided new
service(s). All applicable nonrecurring charges will be assessed for the new service(s); 2) Both the current Service
and the new services) are provided solely by QWEST; 3)The order to discontinue Service and the order to
establish new service(s) 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)The new service(s) installation must be completed
within thirty(30)calendar days of the disconnection of Service,unless such installation delay is caused by QWEST;
5) The total value of the new service agreement(e), excluding any special construction charges, is equal to or
greater than one hundred fifteen percent (116%) of the remaining value of this Agreement 8) A new Minimum
Service Period, if applicable, will go into effect when the new service agreement(s) term begins; and 7)
CUSTOMER agrees to pay any previously billed but unpaid recurring and any outstanding nonrecurring charges--
these charges cannot be included as part of the new service agreement(s). 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.
9. OWNERSHIP AND PROVISIONING OF SERVICE. Title to, and ownership of, all equipment and facilities
QWEST uses in supplying Service is and remains with QWEST. QWEST will provision and supply Service
described in this Agreement in any manner and by means of any equipment, software, and facilities QWEST
chooses. The method of provisioning of Service is a matter within QWEST's sole discretion.
10. SERVICE SUSPENSIONIMAINTENANCE. QWEST may from time to time suspend Service for routine
maintenance or rearrangement of facilities or equipment. QWEST will give CUSTOMER advance notification of the
Service suspension. Such Service suspension is not considered an Out-of-Service condition provided Service is
restored by the end of the period specified in the notification.
11. 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.
12. 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 THIS AGREEMENT,
ANY QWEST LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY KIND UNDER THIS AGREEMENT
SHALT- 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.
13. NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
14. UNCONTROLLABLE CONDITIONS. Neither party shall be deemed in violation of this Agreement if it is
prevented from perforating 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.
15. DISPUTE RESOLUTION.
OCT 31 '00 08:31AM US BEST P.677
151. Other than those claims over which a regulatory agency has exclusive jurisdiction, all claims, regardless of
legal theory, whenever brought and whether between the Parties or between one of the Parties to this Agreement
and the employees, agents or affiliated businesses of the other Party, shall be resolved by arbitration. A single
arbitrator engaged in the practice of law and knowledgeable about the subject matter of the dispute shall conduct
the arbitration in accordance with the then current rules of the American Arbitration Association (`AAA'). The
arbitration shall be conducted in the regional MA office closest to where the claim arose, and all expedited
procedures prescribed by the AAA rules shall apply.
15.2. The arbitrator's decision shall be final and binding and judgment may be entered in any court having
jurisdiction thereof.
15.3. Other than the determination of those claims over which a regulatory agency has exclusive jurisdiction,
federal law(including the provisions of the Federal Arbitration Act, 9 U.S.C. Sections 1-16)shall govern and control
with respect to any issue relating to the validity of this Agreement to arbitrate and the arbibability of the claims.
15.4. If any party files a judicial or administrative action asserting claims subject to arbitration, and another party
successfully stays such action and/or compels arbitration of such claims, the party filing the action shall pay the
other party's costs and expenses incurred in seeking such stay or compelling arbitration. including reasonable
attorney's fees.
16. 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 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.
17. 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.
18. GENERAL PROVISIONS.
18.1. Failure or delay by either party to exercise any right, power, or privilege hereunder, will not operate as a
waiver hereto.
18_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.
18.3. This Agreement benefits CUSTOMER and QWEST. There are no third party beneficiaries.
18.4. This Agreement constitutes the entire understanding between CUSTOMER and QWEST with respect to
Service provided herein and supersedes any prior agreements or understandings_
19. EXECUTION. 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 originals . ature. The parties hereby
execute and authorize this Agreement as of the latest date shown ,-ow:
CUSTOMER AWES ORATI;�
1 IciAL;cl/ eAuti,'LeiteA-
ignature � na7 re
Barbara J. Kirkmeyer. Chair
Name Printed or Typed/Title , ame Printed or Typedfritlee ,.y-�
Novembe j. 0!0 j ► \ ` /Q 3o— cyC6 ie;;0
Date . / r/ �- l �...r�+ ate
Attes9
Fill_ t i. .. 'final, ' -
Deputy Clerk to the
0CT 31 '00 08:31AM US WEST P.7/7
NON-APPROPRIATIONS ADDENDUM
This is an addendum to Agreement Number C75357 ("Underlying Agreement') between Weld County
Govt("CUSTOMER")and()west Corporation ("Qwest")for ISDN Primary Rate Service("Service"), signed
by CUSTOMER on October .2000("Addendum).
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 end 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 atest date s n below:
C OMER Owes ore
/
reLE/ALL
uthorized SignatuureAu o 1 nature
Barbara J. Kirkmever Gary J
Name Typed or Printed Name Typed or Printed
Chair Sales Manager
Title Title
November 6.�,,,,2�000000 Aug
October30,2000
Date �� 'irs'y/ _p� Date
ATTEST: � ,'w
BY: o// �.I . •
440•,
Deputy Clerk to the Biar.
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Revised 4-7-00/COMLINKTRA
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