HomeMy WebLinkAbout990242.tiff RESOLUTION
RE: APPROVE U S WEST PRIVATE LINE TRANSPORT DS1 SERVICE AGREEMENT
AND AUTHORIZE CHAIR TO SIGN - U S WEST COMMUNICATIONS, INC.
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 U S West Private Line Transport DS1
Service 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
U S West Communications, Inc., with terms and conditions being as stated in said agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 U S West Private Line Transport DS1 Service 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 U S West
Communications, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of February, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
ATTEST:
✓i � ei✓J,,�al K. Hall, Chair
Weld County Clerk to the :.- :jf', rr•1 v
4 t. r arbara J. Kirkmeyer Pro-Tem
Deputy Clerk to the Bo_ �
-,eorg E after
APP D O FORM:
M. J ei e
orney
Glenn
4ine5 990242
CM0011
Agreement Number: C53185
Billing Number: K-970-352-4272-494M
The prices on this contract expire if not executed before: 04/27/1999
U S WEST PRIVATE LINE TRANSPORT DS1 SERVICE AGREEMENT
This is an Agreement between WELD COUNTY ("CUSTOMER"), and U S WEST COMMUNICATIONS, INC.
("USWC"), for the provision of U S WEST Private Line Transport DS1 Service ("Service").
1. SCOPE. Under this Agreement, CUSTOMER shall purchase and USWC shall supply Service which provides
dedicated, digital 1.544 megabits per second, nonswitched, point-to-point intrastate, intraLATA telecommunications
service. USWC shall provide Service up to the Standard Network Interface ("SNI") at CUSTOMER's premises. The
SNI is that location where USWC's protected network facilities end and CUSTOMER's inside wire or network
begins. USWC provides Service in accordance with the applicable Tariff, Price List, and/or Catalog for the state in
which Service is provided, incorporated herein by this reference.
QUANTITY: 1
USWC'S OR CUSTOMERCIRCUIT ADDRESS: 330 PARK AV
FORT LUPTON
CUSTOMER'S ADDRESS: 915 10
GREELEY
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) months from either:
a. The first installation date of Service (as evidenced by USWC's records), if Service is new; or
b. The date of NA.
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, ,t
absence, this Agreement.
3. CHARGES. CUSTOMER agrees to pay the following charges for DS1 Service:
Total Monthly Recurring Charge $ 623.97
Total Nonrecurring Charge $ 06,00_N/A
Applicable taxes shall 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.
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 1/2 percent per month or the
highest lawful rate, whichever is less, on the unpaid balance.
August 18. 1997
R601-0143e
990242
5. SERVICE CHANGES. 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 on the same
date, 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 then current
recurring and nonrecurring charges related to the new service
6. TERMINATION. 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 such 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 discontinuation charges. If termination is prior to installation of Service, discontinuance
charges shall be those reasonable costs incurred by USWC through the date of termination If termination is
after installation of Service, discontinuance charges will be calculated according to the Tariff, or where there is
no Tariff, by taking the total monthly recurring charges for service terminated below 80% at the time of
termination, multiplied by the number of months (or fraction thereof) remaining in term, multiplied by forty percent
(40%) plus all billed but unpaid recurring and all unpaid non-recurring charges.
A termination charge will be waived when the CUSTOMER discontinues Services and ALL of the following
conditions are met: 1) CUSTOMER signs a new service agreement for any other USWC provided 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. OUT-OF-SERVICE CREDIT. If USWC causes a Service interruption, an out-of-service credit will be calculated
under state Tariff. If there is no applicable Tariff and the interruption lasts for more than four (4) 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 seven hundred twenty (720) hours; and then (b) multiplying that hourly
,ate. by the ,(umber of hours, or major fraction, that the Service was interrupted.
8. SERVICE SUSPENSION/MAINTENANCE. USWC may from time to time suspend Service for routine
maintenance or 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.
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 horn
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. USWC SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDPN Ih.!
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMIl EL) '1O
ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT EXCEPT AS PROVIDED IN SECT ION ti
ANY USWC LIABILITY TO CUSTOMER FOR ANY DAMAGES Of: ANY KIND UNDER THIS AGREFMFN7
SHALL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO VHF APPLICABLE OUT-OF-SERVICE CPEDl1
LINI)I_R 1 HIS AGREEMENT. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND t MI1 f=I) l i 1
THOS! EXPRESSLY DESCRIBED IN THIS AGREEMENT.
August 18 11n;
RG01-01
9qo 9Y
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.
a. Other than those claims over which a regulatory agency has exclusive jurisdiction, all claims,
regardless of legal theory, related directly or indirectly to this Agreement. 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 telecommunications law shall conduct the arbitration in accordance with the
then current rules of the American Arbitration Association ("AAA").
b All expedited procedures prescribed by the AAA shall apply. There shall be no discovery other than
the exchange of information which is provided to the arbitrator by the parties. The arbitrator's decision shall
be final and binding and judgment may be entered in any court having jurisdiction thereof.
c. 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 1-15) shall govern and
control with respect to any issue relating to the validity of this Agreement to arbitrate and the arbitrability of
the claims.
d. 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.
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 agency orders. Any change in
rates, charges or regulations mandated by the legally constituted authorities will act as a modification of any
contract 1O 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 body 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.
a. Failure or delay by either party to exercise any right, power, or privilege hereunder, will not operate as
a waiver hereto.
b. This Agreement will not be assignable by CUSTOMER without the express w(itlen consent of USWC.
c This Agreement benefits CUSTOMER and USWC There are no third party heneficiaries.
d. This Agreement constitutes the entire understanding between CUSTOMER and USWC with respect
to Service provided herein and supersedes any prior agreements or understandings
August 18. 1997
RG01-0143e
99a 9
The parties hereby execute and authorize this Agreement as of the latest date shown below:
CUSTOMER US / E T COMMUNI IONS, INC.
Signa Signatur
. PALE V . NU-- 1C GF1RY Jchnsci) / S-,lrs /7)anajek-
ame Printed or Typed/Title Name Printed or Typed/Title
RD o1 coThr9C0 ! Miss90Nref
c' 7
Qa - off - 99
Date /� r� Date
-4):D •83)6 /J /s-0/ Dal, sic /7ocJ Denver
Address for Notice Address for Notic4
6RfTLEY, .gob-a. -0756
•
August 18. 1997
RG01-0143e
99o:2-/L
RGo1-0151a
12/01/95
ADDENDUM FOR NON-APPROPRIATIONS
This is an addendum to Agreement No.
CS't78l_bt:twttn Weld County Government
("CUSTOMER")and U S WEST Communications,Inc.("USWC")for
rivate Line Trans ort DSl
CUSTOMER on Februar 1 Service("Service�,signed by
("Underlying Agreement").
Section 1. The purpose of this addendum is to supplement the Underlying Agreement g as follows:
CUSTOMER intends to continue this Agreement for its entire term and to satisfy its obligations
hereunder. For each succeeding fiscal period: l)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 patty. CUSTOMER reasonably believes that
sufficient funds to discharge its obligations can and will lawfully be appropriated and made available
for this purpose.e Inthetevent that CUSTOMER is appropriated insufficient funds,by appropriation,appropriation
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 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,CUSTOMER 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:
C OMER /
U S u : COMMUNI /S aNS, INC.
Signature
Sign ure
LE e flQl l a
Name Printed or T pedT e i tj4 t t6' Sales Manager
P.,0 bf CounYTV CoM1YVSSrnN\ E�3 Name Printed orTyped/Title
n� -o z- 99
Date January 27. 1999
Date
Address for Notice 1801 California, Ste 1700, Denver
CiRc£LE) ea p o 6 hJ,Q ^O 75Q
Address for Notice
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