HomeMy WebLinkAbout991621.tiff Agreement Number C60022
Billing Number K970-352-4906
& 970-392-4540
U S WEST DIGITAL SWITCHED SERVICE
RATE STABILITY PLAN
FOR ADVANCED TRUNKS,DID TRUNK TERMINATIONS AND DS1
This is an agreement between Weld County Government ("CUSTOMER") and
U S WEST Communications, Inc. ("USWC"), for the provision of the U S WEST Digital Switched
Service ("Service"). Throughout this Agreement, CUSTOMER or USWC may individually be referred to
as "Party" or together as "Parties".
1. SCOPE.
1.1. USWC shall provide and CUSTOMER shall purchase Digital Switched Service ("Service").
USWC supplies CUSTOMER with use of digital DS1 exchange telecommunications Service facility and
common equipment, linking CUSTOMER's premises to USWC'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 USWC'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. USWC provides Service in accordance with the applicable Tariff, Price List, andfor Catalog
("Tariff") which governs Service in the state Service is provided, incorporated herein by this reference.
Where any term or condition of this Agreement and/or Attachment conflicts with the Tariff, the then
current Tariff shall prevail.
2. TERM. This Agreement will commence on the latest signature date, provided mandatory filing
requirements are met. The term of this Agreement will expire sixty ( 60.i months
from July 20, 1999 . Or the date of
Should USWC continue to provide Service after this term without a further agreement, the
Service charges will convert to the applicable month-to-month rate under the terms and conditions of the
applicable Tariff, or, in its absence,this Agreement.
3. SERVICE PROVIDED. USWC 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.
5. CHARGES/LCICATION. Charges shall commence upon provision of Service as evidenced by
USWC records and shall be guaranteed against any increase initiated by USWC during the term of this
Agreement. CUSTOMER agrees to pay the following charges for Service:
QUANTITY USOC CUSTOMER'S USWC'S MONTHLY NONRECURRING
ADDRESS ADDRESS RATE/EACH RATE/EACH
1 D7Z3X 915 10 St 926 10 110.00 n a
24 TY4C.'i " 55 .50 n/a
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991621
Total Rate Stabilized Monthly Recurring Charge. $ 1442-00 —.
Total Nonrecurring Charge. $ nja
Applicable taxes will be added to the above charges.
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 USWC.
6. SERVICE CHANGES.
6.1. MOVES. CUSTOMER may move the physical location of all or part of Service to another
location within the same USWC 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
USWC; 2) CUSTOMER advises USWC 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 USWC 4) CUSTOMER requests USWC 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 USWC will
supply such additions to CUSTOMER, subject to the following conditions: 1) USWC commercially offers
such additions and necessary facilities are technically and practicably available; 2) the charges for
additional Service will be the then current charges in effect for Service at the time of such additions, and
which correspond to the term of this Agreement.
6.3. CHANGES. CUSTOMER with Advance Digital Switched Services may convert to Uniform
Access Solution Service (UAS) subject to the following conditions: 1) USWC 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. USWC 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 USWC 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 USWC 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.
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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 USWC
provided new service(s). All applicable nonrecurring charges will be assessed for the new service(s);
2) Both the current Service and the new service(s) are provided solely by USWC; 3) The order to
discontinue Service and the order to establish new service(s) are received by USWC at the same time;
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 USWC; 5) The total value of the new service(s),
excluding any special construction charges, is equal to or greater than one hundred fifteen percent
(115%) of the remaining value of this Agreement; 6) A new Minimum Service Period, if applicable, will
go into effect when the new Service(s) agreement 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(s)agreement.
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. STATE TARIFF CHARGE DECREASES. Charges shall commence upon provision of Service
as evidenced by USWC records and shall be guaranteed against any increase initiated by USWC during
the term of this Agreement. However, if the applicable USWC Tariff monthly stabilized charges for
Service decrease during the term of this Agreement, such decrease shall be automatically applied for the
remainder of the term of this Agreement.
9. OUT-OF-SERVICE CREDIT. If USWC 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 USWC receives notice of it, USWC 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.
10. OWNERSHIP AND PROVISIONING OF SERVICE. Title to, and ownership of, all equipment
and facilities USWC uses in supplying Service is and remains with USWC. USWC will provision and
supply Service described in this Agreement in any manner and by means of any equipment, software,
and facilities USWC chooses. The method of provisioning of Service is a matter within USWC's sole
discretion.
11. SERVICE SUSPENSION/MAINTENANCE. USWC may from time to time suspend Service for
routine maintenance cr rearrangement of facilities or equipment. USWC 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.
12. 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.
13. LIMITATION OF LIABILITY. USWC 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 USWC 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
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UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED
IN THIS AGREEMENT.
14. NO WARRANITIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
15. 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 authorilies; or any other circumstances which are not within its reasonable control.
16. DISPUTE RESOLUTION.
16.1. 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").
16.2. All expedited procedures prescribed by the AAA shall apply. The arbitrator's decision shall be
final and binding and judgment may be entered in any court having jurisdiction thereof.
16.3. 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 arbitrability of the claims.
16.4. 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.
17. 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.
18. 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 this Agreement to the extent it is unlawful, shall terminate. Further, if
USWC determines that this Agreement or a provision of this Agreement is inconsistent with the
Telecommunications Act of 1996, this Agreement or that provision shall terminate upon written notice to
the CUSTOMER to that effect. 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.
19. GENERAL PROVISIONS.
19.1. Failure or delay by either Party to exercise any right, power, or privilege hereunder, shall not
operate as a waiver hereto.
19.2. This is a retail end user contract. It may be assigned only with the consent of USWC. It may not
be assigned to a reseller or a telecommunications carrier under any circumstances.
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19.3. This Agreement benefits CUSTOMER and USWC. There are no third party beneficiaries.
19.4. 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.
19.5. This Agreement constitutes the entire understanding between CUSTOMER and USWC with
respect to Service provided herein and supersedes any prior agreements or understandings.
20. EXECUTION. The Parties hereby execute and authorize this Agreement as of the latest date
shown below. Notices concerning this Agreement may be sent to USWC's CUSTOMER billing address
of record or to CUSTCMER's Address for Notices specified here if any. -
Cust er Weld County Boar of U dW ST Co u 'cations, Inc.
Comm s
Signatur Signat re
Chair, Dale K. Hall /M7 ' "i'; Gary Johnson/Sales Manager
Name Printed or Typed/Title Name Printed or Typed/Title
June 30, 19S9 June 28. 1999
Date Date
915 10th Street, Greeley, CO 80631 1801 ("al -Ifni-Ilia Ste 1700 Denver
Address for Notices Address for Notices
n ' /�
ATTEST: A Lee1 ► � !'� ���
J
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WELD COUNTY CLERK TO h E76°a.
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NI ‘ .ice.
v/-ci/-. - ...
BY.
DEPUTY CLERK TO TH s,QAgp ;;;,,,r
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RCM-0151a
12/01/95
ADDENDUM FOR NON-APPROPRIATIONS
This is an addendum to Agreement No. 16,,,tG� b
_2 etween GL�� / 2 6-' 6c 60/ ')
("CUSTOMER")and U S WEST Communications, Inc. ("USWC') for
/6/7-27, ..ScdrYc/ / r ri _ Service ("Service"), signed by
CUSTOMER on("Underlying Agreement").
Section 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 arid agreed to by USWC), CUSTOMER may terminate this Agreement by giving
USWC not less than thirty(30 days prior written notice. Upon termination and to the extent of
lawfully available funds, CUE .OMER shall remit all amounts due and all costs reasonably incurred
by USWC through the date of termination.
Section 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:
CC O� U S COM UNI I S, INC.
Signature Signature
Chair, Dale K. Hall '—/s 2)/ ' 'civis."i; / (f.S h19
Name Printed or Typed/Title Name Printed or Typed/Title
dune 30 , 1`19 `i 6-2f-77
Date Date
f0 . k �Y-ie r)t7 • ( t,�.? -§l�'_3� (.2// ' / -,<�/.•fie / /C T�l�l]VC/-
Address for Notice Address for Notice /
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