HomeMy WebLinkAbout20232890.tiffRESOLUTION
RE: APPROVE MASTER SERVICE AGREEMENT AND REQUEST FOR SERVICE FORM
FOR CHILD WELFARE FAMILY SUPPORT AND VISITATION CENTER
(810 9TH STREET, SUITES 150 AND 200, GREELEY), AND AUTHORIZE CHAIR TO
SIGN - ALLO COMMUNICATIONS, LLC
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 Master Service Agreement and Request
for Service Form for the Child Welfare Family Support and Visitation Center (810 9th Street,
Suites 150 and 200, Greeley) between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Information
Technology, and Allo Communications, LLC, with further terms and conditions being as stated in
said agreement and form, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
form, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Master Service Agreement and Request for Service Form for the
Child Welfare Family Support and Visitation Center (810 9th Street, Suites 150 and 200, Greeley)
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Information Technology, and Allo
Communications, LLC, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement and form.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of October, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
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Weld County Clerk to the Board
AP
Jaititi tatAi,6-1-
Deputy Clerk to the Board
County Attorney
Date of signature: /01 .04 I Z3
L. Bu•i, Pr• Tem
D. Ross
ri Saine
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X0/20/23
2023-2890
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: DHS Family Visitation Center 810 9t" St Allo Communications ISP Connectivity
DEPARTMENT: Information Technology DATE: 9/21/2023
PERSON REQUESTING: Ryan Rose 1�
Brief description of the problem/issue:
The Information Technology department is requesting to add internet services from Allo Communications to the
DHS Family Visitation Center at 810 9. St in Greeley. The 2 year agreement will incur a total monthly
reoccurring cost of $520.69 for the 200Mb uplink. The contract has been reviewed by legal. The pass around
is requesting the signing of the Allo Communications Master Services Agreement.
What options exist for the Board?
Consequences: If not approved, the DHS Family Visitation move will be delayed. This agreement will
allow for Weld IT to provide ISP services (voice and data) to the new facility.
Impacts: No communications besides cell phone will work in the new facility.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $520.69 per month for the two
year agreement.
Recommendation:
IT Recommends the approval of the agreement that will allow us to provide voice and data services for the
Family Visitation Center.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
2023-2890
I b/Z I i ODIZ
MASTER SERVICE AGREEMENT
THIS MASTER SERVICE AGREEMENT ("Agreement") is e
Communications LLC ("Supplier") and Weld County, Colorado
ARTICLE 1. DEFINITIONS
"Acceptable Use Policy" or "AUP" shall mean a set of rules
defined by Supplier that restrict the ways in which the network
or system may be used. Supplier's AUP is found at:
https://www.al locom m u nications.com/terms-and-
cond ition s/I ntern et-accepta bl a -u se -policy/
"Acceptance Letter" shall mean a written communication from
Supplier to Customer informing Customer of Supplier's
acceptance of the Customer Order.
"Affiliate" shall mean any entity that directly or indirectly
controls, is controlled by, or is under common control with the
subject entity. "Control," for purposes of this section, means
direct or indirect ownership or control of more than fifty percent
(50%) of the voting interests of the subject entity.
"Agreement Term" shall have the meaning set forth in Section
5.1(A).
"Applicable Taxes" shall have the meaning set forth in Section
3.4(A).
"Cancellation Charge" shall mean the charge payable by
Customer for cancellation of the Service pursuant to Section
3.7(A) below, as further described in the attached Service
Schedule.
"Customer Commit Date" shall mean the date that Service will
be available to Customer, as set forth in the Acceptance Letter.
"Customer Order" shall mean a request for Service submitted
by Customer in the form designated by Supplier.
"Customer Premises" shall mean any location or locations off
of the Supplier Network selected by Customer or its End Users
to which Service will be delivered.
"Customer Requested Date" shall mean the date inserted by
Customer into the Customer Order when Service is requested
to be delivered by Supplier. Notwithstanding anything in this
Agreement or any Customer Order to the contrary, Supplier shall
not be obligated to deliver Service by the Customer Requested
Date or any other date unless and until confirmed in writing by
Supplier through the delivery to Customer of the Acceptance
Letter.
"End Users" shall mean any person or entity deriving use of the
Services through the Customer including but not limited to the
Customer, an Affiliate of the Customer or a customer of the
Customer.
ntered into on Q(',"1 V t e. 21 ZOZ f by and between ALLO
Customer").
"Facilities" shall mean any property owned, licensed or leased
by Supplier or any of its Affiliates and used to deliver Service,
including terminal and other equipment, conduit, fiber optic
cable, optronics, wires, lines, ports, routers, switches, channel
service units, data service units, cabinets, racks, private rooms
and the like.
"Force Majeure Event" shall mean any event or circumstance
or combination of events or circumstances that is beyond the
reasonable control of the party sought to be held liable.
"Governmental Authority" shall mean any federal, state,
regional, county, city, municipal, local, territorial, prefecture, or
tribal government, whether foreign or domestic, or any
department, agency, bureau, or other administrative or
regulatory body obtaining authority from any of the foregoing,
including, without limitation, courts, public utilities and
communications authorities.
"Month" shall mean a period beginning at 12:00 AM in the
Central time zone of the United States on the first day of the
calendar month and ending at 12:00 AM in the Central time zone
of the United States on the first day of the next calendar month.
"Notice of Completion" shall mean a written notice from
Supplier that the Service has been installed and tested by
Supplier and is functioning properly in accordance with the
Service Delivery Requirement.
"Scheduled Maintenance" shall mean any preventative,
routine or scheduled maintenance that is performed on a
Service, Supplier's Facilities, the Supplier Network or any
component thereof, that is reasonably likely to affect the
Service, for which Supplier shall provide at least ten (10) days'
notice of timing and scope to Customer.
"Service" shall mean any Supplier service described in the
attached Service Schedule and identified on a particular line
item of a Customer Order.
"Service Charge" shall mean charges for Service as generally
described in the attached Service Schedule.
"Service Commencement Date" shall mean the first to occur of
(i) the date set forth in any Notice of Completion, unless
Customer notifies Supplier that the Service is not functioning
properly as provided in Section 3.1 (or, if two or more Services
are designated as "bundled" in any Customer Order, the date
set forth in the Notice of Completion for all such Services); and
(ii) the date Customer begins using the Service other than for
testing purposes pursuant to Section 3.1.
"Service Delivery Requirement" shall mean the testing
standard or other specification for the delivery of a Service as
described in the attached Service Schedule.
Page 1 of 11
"Service Levels" shall mean the specific remedies Supplier
provides regarding installation and performance of Service as
set forth in the attached Service Schedule.
"Service Schedule" shall mean the form attached to this
Agreement as "Exhibit A" and shall be incorporated into this
Agreement by reference.
"Service Term" shall mean the duration of time (measured
starting on the Service Commencement Date) for which Service
is ordered, as specified in the Customer Order. At the end of the
Service Term, the Service shall automatically renew on a month -
to -month basis until terminated by either party on thirty (30)
days' notice.
"Supplier Network" shall mean the telecommunications
network consisting of fibers and optical and transmission
equipment which is owned and/or leased and operated and
maintained by Supplier and its Affiliates.
"Termination Charge" shall mean the charge payable by
Customer for termination of the Service pursuant to Section
3.7(B) below, as further described in the attached Service
Schedule.
ARTICLE 2. DELIVERY OF SERVICE
2.1 Submission of Customer Order(s). To order any Service,
Customer shall submit a Customer Order requesting Service.
The Customer Order and its backup detail must include a
description of the Service, the Service Charges for Service, the
applicable Service Term and the Customer Requested Date.
2.2 Acceptance by Supplier. Upon receipt of a Customer
Order, if Supplier determines (in its sole discretion) to accept the
Customer Order, Supplier will deliver an Acceptance Letter for
the requested Service (or some portion of the Services).
Supplier will become obligated to deliver ordered Service only if
Supplier has delivered an Acceptance Letter for the Service.
2.3 Customer Premises. Customer shall allow Supplier
access to the Customer Premises to the extent necessary (as
reasonably determined by Supplier) for the installation,
inspection and Scheduled Maintenance or emergency
maintenance of Facilities relating to the Service. In the event of
an emergency, Customer shall, upon notice from Supplier, allow
access to the Customer Premises as soon as is reasonably
practicable under the circumstances. Customer will be
responsible for providing and maintaining, at its own expense,
the level of power, heating and air conditioning necessary to
maintain the proper environment for the Facilities on the
Customer Premises. In the event Customer fails to do so,
Customer shall reimburse Supplier for the actual cost of
repairing or replacing any Facilities damaged or destroyed as a
result of Customer's failure. Customer will provide a safe place
to work and comply with all laws and regulations regarding the
working conditions on the Customer Premises.
2.4 Supplier Facilities. Except as otherwise agreed, title to all
Facilities shall remain with Supplier. Supplier will provide and
maintain the Facilities in good working order. Customer shall
not, and shall not permit others to, rearrange, disconnect,
remove, attempt to repair, or otherwise tamper with any
Facilities, without the prior written consent of Supplier. The
Facilities shall not be used for any purpose other than that for
which Supplier provides them. Customer shall not take any
action that causes the imposition of any lien or encumbrance on
the Facilities. In no event will Supplier be liable to Customer or
any other person for interruption of Service or for any other loss,
cost or damage caused by or related to improper use or
maintenance of the Facilities by Customer or any third party
gaining access to the Facilities through Customer in violation of
this Agreement, and Customer shall reimburse Supplier for any
damages as a result thereof. Customer agrees (which
agreement shall survive the expiration, termination or
cancellation of any Customer Order) to allow Supplier to remove
the Facilities from the Customer Premises:
(A) after termination, expiration or cancellation of the
Service Term of any Service in connection with which the
Facilities were used; or
(B) for repair, replacement or otherwise as Supplier may
determine is necessary or desirable, but Supplier will use
reasonable efforts to minimize disruptions to the Service caused
thereby.
2.5 Customer -Provided Equipment. If requested by
Customer, Supplier may, at its option, install certain Customer -
provided communications equipment. Unless otherwise agreed
by Supplier in writing, Supplier will not thereafter be responsible
for the operation or maintenance of such Customer -provided
equipment. Customer shall be solely responsible for the
compliance of its own equipment with applicable standards and
for obtaining any necessary approvals or authorizations prior to
its use. Supplier will not be responsible for the transmission or
reception of signals by Customer -provided equipment or for the
quality of, or defects in, such transmission or reception.
Customer shall ensure that Customer -provided equipment does
not interfere with or otherwise degrade the operation of the
Facilities or the Supplier Network. Supplier shall have full
control over the configuration of the Supplier Network used in
providing the Service and shall be entitled to alter the
configuration.
2.6 Representations and Warranties of Customer.
Customer represents and warrants that (i) it has the legal right
and authority, and will maintain the legal right and authority
during the Agreement Term, to install, use and resell the
Services as contemplated hereunder; (ii) the performance of
Customer's obligations under this Agreement and use of
Services will not violate any applicable law, rule or regulation or
any applicable manufacturers' specifications or otherwise
unreasonably interfere with Supplier's customers' use of the
Services or Supplier Network, and (iii) Customer is authorized
and has completed all required corporate actions necessary to
execute this Agreement and applicable Customer Order(s).
2.7 Representations and Warranties of Supplier.
Supplier represents and warrants that (i) it has the legal right and
authority, and will maintain the legal right and authority during
the Agreement Term, to provide the Services ordered by
Customer hereunder; (ii) the performance of Supplier's
obligations under this Agreement will not violate any applicable
Page 2 of 11
law, rule or regulation; and (iii) Supplier is authorized and has
completed all required corporate actions necessary to execute this
Agreement and applicable Customer Order(s).
ARTICLE 3. BILLING AND PAYMENT
3.1 Commencement of Billing. Upon installation and testing
of the Service, Supplier will deliver to Customer a Notice of
Completion. Upon receipt of the Notice of Completion,
Customer shall have a period of seventy two (72) hours to
confirm that the Service has been installed and is properly
functioning in accordance with the applicable Service Delivery
Requirements. Unless Customer delivers written notice to
Supplier within such seventy two (72) hour period that the
Service is not operating in accordance with the Service Delivery
Requirements, Customer will be deemed to have accepted the
Service and billing for all recurring charges shall commence on
the applicable Service Commencement Date. In the event that
Customer notifies Supplier within the time period stated above
that the Service is not operating in accordance with the Service
Delivery Requirements, then Supplier shall correct any
deficiencies in the Service and deliver a new Notice of
Completion to Customer, after which the process stated herein
shall be repeated.
3.2 Service Charges.
(A) The types of Service Charges for each Service are
generally described in the attached Service Schedule.
(B) In addition to the Service Charges described in the
attached Service Schedule, in the event any Service requires
Supplier to install additional infrastructure, cabling, electronics
or other materials in the provision of the Service or for any other
reason, then Supplier may invoice Customer for additional
charges.
3.3 Payment of Invoices. Invoices for Services shall be
delivered to and payable by Customer in accordance with the
attached Service Schedule. All invoices are due thirty (30) days
after the date of invoice, unless otherwise provided in the
attached Service Schedule or the relevant Customer Order. All
payments shall be due and payable in U.S. Dollars, except as
specified on a particular invoice. Past due amounts accrue
interest at a rate of 1.5% per Month (or the highest rate allowed
by law, whichever is less) beginning from the date first due until
paid in full. Customer shall make all payments by check or wire
transfer of immediately available funds pursuant to the payment
instructions on such invoice.
3.4 Taxes and Fees.
(A) All charges for Service are net of Applicable Taxes (as
defined below). Except for taxes based on Supplier's net
income, Customer will be responsible for all applicable taxes
that arise in any jurisdiction, including, without limitation, value
added (VAT), goods and services (GST), consumption, sales,
use, gross receipts, excise, access, bypass, franchise or other
taxes, fees, duties, charges or surcharges, however designated,
imposed on, incident to, or based upon the provision, sale or use
of the Service (collectively "Applicable Taxes"). If Customer is
or was required by law to make any deduction or withholding
from any payment due hereunder to Supplier, then,
notwithstanding anything to the contrary contained herein, the
gross amount payable by Customer to Supplier shall be
increased so that after any such deduction or withholding for
Applicable Taxes, the net amount received by Supplier will not
be less than Supplier would have received had no such
deduction or withholding been required. If any taxing or
Governmental Authority asserts that Customer should have
made a deduction or withholding for or on account of any
Applicable Taxes with respect to all or a portion of any payments
made hereunder, or that Supplier should have collected certain
Applicable Taxes from Customer which Supplier did not collect,
Customer hereby agrees to indemnify Supplier for such
Applicable Taxes and to hold Supplier harmless on an after-tax
basis from and against any and all Applicable Taxes, interest or
penalties levied or asserted in connection therewith. To the
extent that Customer is or believes it is entitled to an exemption
from any Applicable Taxes, Customer is responsible for
presenting Supplier with a valid exemption certificate (in a form
reasonably acceptable to Supplier). Supplier will give effect to
any valid exemption certificate provided in accordance with the
foregoing sentence to the extent it applies to any Service billed
by Supplier to Customer only for the period following Supplier's
receipt of such exemption certificate.
(B) Customer shall reimburse Supplier for any regulatory
fees charged to Supplier by any Governmental Authority or
agency, including, but not limited to, the U.S. Federal
Communications Commission, for Customer's use of Service
provided hereunder. In the event that any regulatory fees are
imposed on Supplier in respect of Service provided hereunder
(including, but not limited to, Interstate Telephone Service
Provider regulatory fees and Universal Service Fund
Contributions), Supplier shall provide Customer with an invoice
for such regulatory fees along with supporting documentation
and Customer shall pay such invoice within thirty (30) days of
the date of such invoice.
3.5 Regulatory and Legal Changes. In the event of any
change in applicable law, regulation, decision, rule or order that
materially increases the costs or other terms of delivery of
Service, Supplier and Customer will negotiate regarding the
rates to be charged to Customer to reflect such increase in cost
and, in the event that the parties are unable to reach agreement
respecting new rates within thirty (30) days after Supplier's
delivery of written notice requesting renegotiation, then (a)
Supplier may pass such increased costs through to Customer,
and (b) if Supplier elects to pass such increased costs through
to Customer, Customer may terminate the affected Service
without further liability, except for liabilities incurred prior to
termination, by delivering written notice of termination no later
than thirty (30) days after the effective date of the rate increase.
3.6 Disputed Invoices. If Customer reasonably disputes any
portion of a Supplier invoice, Customer must pay the undisputed
portion of the invoice and submit written notice of the claim (in a
form reasonably requested by Supplier) for the disputed
amount. All claims must be submitted to Supplier in writing
within thirty (30) days from the date of the invoice for such
Services. Customer waives the right to dispute any charges not
disputed within such thirty (30) day period. In the event that the
dispute is resolved against Customer, Customer shall pay such
amounts within the following invoice cycle interest at the rate
referenced in Section 3.3.
Page 3of11
3.7 Cancellation and Termination Charges.
(A) Customer may cancel a Service following Supplier's
acceptance of the applicable Customer Order and prior to the
Customer Commit Date upon prior written notice to Supplier (in
a form reasonably requested by Supplier). In the event that
Customer does so cancel, or in the event that the delivery of
such Service is cancelled by Supplier prior to delivery of a Notice
of Completion due to a failure of Customer to comply with the
terms of this Agreement or any Customer Order, Customer shall
pay Supplier a Cancellation Charge as specified in the attached
Service Schedule. Customer's right to cancel any particular
Service under this Section 3.7(A) shall automatically expire and
shall no longer apply upon Supplier's delivery to Customer of a
Notice of Completion for such Service.
(B) In addition to Customer's right of cancellation under
Section 3.7(A) above, Customer may, at any time after the
Notice of Completion has been delivered and prior to the
expiration of the Service Term, terminate Service upon thirty
(30) days' prior written notice to Supplier. In the event that
Customer does so terminate, or in the event that the delivery of
Service is terminated by Supplier during such period due to a
failure of Customer to comply with the terms of this Agreement
or any Customer Order, Customer shall pay Supplier a
Termination Charge as specified in the attached Service
Schedule.
3.8 Fraudulent Use of Services. Customer is responsible for
all Service Charges attributable to Customer incurred with
respect to Service, even if incurred as the result of fraudulent or
unauthorized use of Service; except Customer shall not be
responsible for fraudulent or unauthorized use by Supplier or its
employees.
ARTICLE 4: RESALE AND USE OF SERVICES
4.1 Resale of Services. Customer shall not have any right
to market and/or re -brand the Services purchased by it as its own
product and services, and/or to resell or sublicense the
Services to End Users unless it has all required legal and/or
regulatory licenses and consents from all relevant
Governmental Authorities. The Customer shall strictly comply
with all the legal and/or regulatory licenses and consents from all
relevant Governmental Authorities with respect to the resale of
Services. The Customer shall be solely responsible and liable
for any misuse of Services in respect of the Customer's resale of
Services and shall indemnify and hold harmless Supplier
against any and all claims or proceedings from such resale or
sublicense of Services by the Customer. In case of resale or
sublicense of Services, the Customer shall not (i) refer to
Supplier in any marketing or service literature except with
Supplier's prior written consent; or (ii) act or purport to act on
behalf of Supplier; or (iii) be relieved of its obligations under any
applicable Customer Order or this Agreement.
4.2 Customers Obligation. In the event Customer resells
or sublicenses the Services to an End User, it shall do so only
under the conditions that (i) any and all of such End User's
acts and omissions (including any failure by the End User to
comply with any applicable law rule or regulation in the
jurisdiction in which its uses or resells the Services) shall be
attributable to Customer for the purposes of this Agreement; and
(ii) any resale or sublicense by Customer of the Services shall
not relieve Customer of its obligations under any applicable
Customer Order or this Agreement.
ARTICLE 5. TERM AND TERMINATION
5.1 Term.
(A) This Agreement shall become effective on the Effective
Date and shall continue for the later to occur of (i) the date that
is two (2) years after the Effective Date or (ii) the expiration date
of the longest remaining Service Term ordered under Customer
Order ("Agreement Term"), unless earlier terminated as
provided herein or extended as provided in Section 5.1(B). At
the end of the initial Agreement Term, the Agreement Term shall
automatically renew on a Month -to -Month basis until terminated
by either party on thirty (30) days' notice.
(B) Except as otherwise set forth herein, Supplier shall
deliver the Service for the entire duration of the Service Term,
and Customer shall pay all Service Charges for delivery thereof
through the end of the Service Term. To the extent that the
Service Term for any Service extends beyond the Agreement
Term, then this Agreement shall remain in full force and effect
for such Service until the expiration or termination of such
Service Term.
5.2 Default By Customer. If (i) Customer makes a general
assignment for the benefit of its creditors, files a voluntary
petition in bankruptcy or any petition or answer seeking,
consenting to, or acquiescing in reorganization, arrangement,
adjustment, composition, liquidation, dissolution or similar relief;
(ii) an involuntary petition in bankruptcy or other insolvency
protection against Customer is filed and not dismissed within
sixty (60) days; (iii) Customer fails to make any payment
required hereunder when due, and such failure continues for a
period of five (5) business days after written notice from
Supplier; (iv) Customer fails to observe and perform any material
term of this Agreement (other than payment terms) and such
failure continues for a period of thirty (30) days after written
notice from Supplier; or (v) Customer has violated any law, rule,
regulation or policy of any Government Authority related to the
Services or Customer's use thereof, then Supplier may (A)
terminate this Agreement and any Customer Order, in whole or
in part, in which event Supplier shall have no further duties or
obligations thereunder, and/or (B) suspend the provision of
Services while the default is continuing, and/or (C) subject to
Section 6.1, pursue any remedies Supplier may have under this
Agreement, at law or in equity.
5.3 Default By Supplier. If (i) Supplier makes a general
assignment for the benefit of its creditors, files a voluntary
petition in bankruptcy or any petition or answer seeking,
consenting to, or acquiescing in reorganization, arrangement,
adjustment, composition, liquidation, dissolution or similar relief;
(ii) an involuntary petition in bankruptcy or other insolvency
protection against Supplier is filed and not dismissed within sixty
(60) days; or (iii) Supplier fails to observe and perform any
material term of this Agreement and such failure continues for a
period of thirty (30) days after written notice from Customer; then
Page 4 of 11
Customer may: (A) terminate this Agreement and/or any
Customer Order, in whole or in part, in which event Customer
shall have no further duties or obligations thereunder, and/or (B)
subject to Section 6.1, pursue any remedies Customer may
have under this Agreement, at law or in equity.
ARTICLE 6. LIABILITIES AND INDEMNIFICATION
6.1 No Special Damages. NOTWITHSTANDING ANY
OTHER PROVISION HEREOF, NEITHER PARTY SHALL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS
OF ANTICIPATED SAVINGS, LOSS OF CUSTOMERS, LOSS
OF DATA, INTERFERENCE WITH BUSINESS OR THE COST
OF PURCHASING REPLACEMENT SERVICES) ARISING
OUT OF THE PERFORMANCE OR FAILURE TO PERFORM
UNDER THIS AGREEMENT OR ANY CUSTOMER ORDER,
WHETHER OR NOT CAUSED BY THE ACTS OR OMISSIONS
OR NEGLIGENCE OF ITS EMPLOYEES OR AGENTS, AND
REGARDLESS OF WHETHER SUCH PARTY HAS BEEN
INFORMED OF THE POSSIBILITY OR THE LIKELIHOOD OF
SUCH LOSSES.
6.2 Limitation. Supplier's sole liability and Customer's sole
remedy for damages arising out of the furnishing or failure to
furnish Service (including, but not limited to, mistakes, omission,
interruptions, failure to transmit or establish connections, delays,
errors or other defects) is limited to the Service Levels.
6.3 Disclaimer of Warranties. SUPPLIER MAKES NO
OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS
OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
USE, EXCEPT THOSE EXPRESSLY SET FORTH IN THIS
AGREEMENT OR THE ATTACHED SERVICE SCHEDULE.
6.4 Indemnification.
(A) Subject to Section 6.1 and Section 6.2 and only to the
extent permitted by law, each party shall indemnify the other
from any claims by third parties (including any Governmental
Authority or End User) and expenses including legal fees and court
costs respecting (i) damage to tangible property, personal injury
or death caused by such party's negligence or willful
misconduct; or (ii) a breach by either party of Section 2.6 and
2.7 respectively. The Customer shall indemnify the Supplier from
any claims by third parties (including any Governmental Authority
or End User) and expenses including legal fees and court costs
respecting a breach by the Customer of Section 4.2(i) (in the
event of any End User being in breach of any applicable law rule
or regulation) or otherwise arising from Services resold or
otherwise provided by Customer.
(B) Each party agrees to promptly provide each other with
notice of any claim which may result in an indemnification
obligation hereunder. The indemnifying party may defend such
claim with counsel of its own choosing provided that no
settlement or compromise of any such claim shall occur without
the consent of the indemnified party, which consent shall not be
unreasonably withheld or delayed.
ARTICLE 7. SERVICE LEVELS
7.1 Service Interruptions and Delivery. To report issues
related to Service performance, Customer may contact Supplier
at the telephone number or email address provided by Supplier
to Customer from time to time. In order for Supplier to
investigate any reported issues, Customer agrees to provide
Supplier with supporting information as reasonably requested by
Supplier, which may include (as applicable), without limitation,
circuit ID, circuit end-point(s), IP address(es), originating phone
number and terminating phone number. In the event of a failure
to deliver Service in accordance with the Service Levels,
Customer's sole remedies are contained in the Service Levels
applicable (if any) to the affected Service, as described in the
attached Service Schedule.
ARTICLE 8. GENERAL TERMS
8.1 Force Maieure. Neither party shall be liable, nor shall any
other remedy be extended, for any failure of performance or
equipment due to a Force Majeure Event. The foregoing shall
apply only if such causes arise after the Effective Date, are
beyond the reasonable control of the party so affected and arise
without such party's fault or negligence.
8.2 Assignment. Customer may not assign its rights and
obligations under this Agreement or any Customer Order
without the express prior written consent of Supplier. This
Agreement and all obligations hereunder shall apply to any
permitted transferees or assignees. Notwithstanding any
assignment by Customer, Customer shall remain liable for the
payment of all charges due under each Customer Order.
8.3 Affiliates and Contractors.
(A) Service may be provided to Customer pursuant to this
Agreement by an Affiliate or contractor of Supplier. Customer
shall comply with all requirements of such Affiliate or contractor
as communicated to Customer by Supplier.
(B) The parties acknowledge and agree that Customer's
Affiliates may purchase Service under this Agreement; provided,
however, any such Customer Affiliate purchasing Service
hereunder agrees that such Service is provided pursuant to and
governed by the terms and conditions of this Agreement.
Customer shall be jointly and severally liable for all claims and
liabilities arising under this Agreement related to Service
ordered by any Customer Affiliate, and any event of default
under this Agreement by any Customer Affiliate shall also be
deemed an event of default by Customer. Any reference to
Customer in this Agreement with respect to Service ordered by
a Customer Affiliate shall also be deemed a reference to the
applicable Customer Affiliate.
(C) Notwithstanding anything in this Agreement to the contrary,
either party may provide a copy of this Agreement to its Affiliate
or such other party's Affiliate for purposes of this Section 8.3,
without notice to, or consent of, the other party.
8.4 Notices. Notices hereunder shall be in writing and sufficient
and received if delivered in person, or when sent via facsimile,
pre -paid express courier (for international correspondence), pre -
Page 5 of 11
Attn: I
Email:
paid certified mail (return receipt requested) (for United States
correspondence), or electronic mail, addressed as follows:
IF TO SUPPLIER:
ALLO Communications LLC
330 S. 21. Street
Lincoln, Nebraska 68510
Attn: Bradley A. Moline, President
Email: brad.moline@allofiber.com
Copy to (which shall not constitute notice):
ALLO Communications LLC
121 S. 13th Street, Suite 100
Lincoln, Nebraska 68508
Attn: Legal Department
IF TO CUSTOMER:
1
1
1
1
1
Or at such other address as the party to whom notice is to be
given may have furnished to the other party in writing in
accordance herewith. All such notices shall be deemed to have
been given on (i) the date delivered if delivered personally, by
express courier, or by pre -paid certified mail, or (ii) the date of
transmission if delivered by facsimile or electronic mail (or the
business day after transmission if transmitted on a weekend or
legal holiday). Notwithstanding the foregoing, any notices
delivered by Supplier to Customer in the normal course of
providing Service hereunder shall be deemed properly given if
delivered via any of the methods described above or via
electronic mail to the email address listed on any Customer
Order.
8.5 Application of Tariffs. Supplier may elect or be required
to file with the appropriate regulatory agency tariffs respecting
the delivery of certain Service. In the event that such tariffs are
filed respecting Service ordered by Customer, then (to the
extent such provisions are not inconsistent with the terms of a
Customer Order) the terms set forth in the applicable tariff shall
govern Supplier's delivery of, and Customer's consumption or
use of, such Service.
8.6 Data Protection. During the performance of this
Agreement, it may be necessary for Supplier to transfer, process
and store billing and utilization data and other data necessary
for Suppliers operation of its network and for the performance
of its obligations under this Agreement. Customer hereby
consents to Supplier's (i) transfer, storage and processing of
such data; and (ii) use of such data for its own internal purposes
and as allowed by law. This data will not be disclosed to third
parties.
8.7 Contents of Communications. Supplier shall have no
liability or responsibility for the content of any communications
transmitted via the Service and Customer shall defend,
indemnify and hold Supplier harmless from any and all claims
(including claims by governmental entities seeking to impose
penal sanctions) related to such content or for claims by third
parties relating to Customer's or its end users' use of Service.
8.8 Content of the Internet. Supplier provides only access to
the Internet. Supplier does not operate or control the
information, services, opinions or other content of the Internet,
and Supplier makes no warranties or representations regarding
any such information, services, opinions or other content.
Customer agrees that it shall make no claim whatsoever against
Supplier relating to the content of the Internet or respecting any
information, product, service or software ordered through or
provided by virtue of the Internet. Supplier reserves the right to
take such measures as may be reasonably necessary, in
Supplier's sole discretion, to ensure security and continuity of
service on the Supplier Network, including but not limited to
identification and blocking or filtering of Internet traffic sources
which Supplier deems to pose a security or operational risk or a
violation of its AUP. In addition, Customer understands that
Supplier does not own or control other third party networks
outside of the Supplier Network, and Supplier is not responsible
or liable for any filtering or access restrictions imposed by such
networks or for the performance (or non-performance) within
such networks or within interconnection points between the
Supplier Network and other third party networks.
8.9 Marks and Publicity. Neither party shall have the right to
use the other party's or its Affiliates' trademarks, service marks
or trade names or to otherwise refer to the other party in any
marketing, promotional or advertising materials or activities,
except as may be agreed in advance in writing by the parties.
Neither party shall issue any press release relating to any
contractual relationship between Supplier and Customer, except
as may be required by law or agreed between the parties in
writing.
8.10 Non -Disclosure. Any information or documentation
disclosed between the parties during the performance of this
Agreement shall be subject to the terms and conditions of the
applicable non -disclosure or confidentiality agreement then in
effect between the parties.
8.11 Disclosure of Customer Information. Supplier reserves
the right to provide any customer or potential customer bound
by a nondisclosure agreement access to a list of Supplier's
customers and a description of Service purchased by such
customers. Customer consents to such disclosure, including the
listing of Customer's name and Service purchased by Customer,
provided that financial terms relating to the purchase shall not
be disclosed.
8.12 Governing Law and Venue. This Agreement shall be
governed and construed in accordance with the laws of the State
of Colorado, without regard to its choice of law rules. Each of
the parties hereby consents to the non-exclusive jurisdiction and
venue of the federal and state courts located in Denver,
Page 6 of 11
Colorado in any suit or proceeding arising out of or relating to
this Agreement or the transactions contemplated hereby.
8.13 Entire Agreement. This Agreement, including the Service
Schedule attached hereto and Customer Order(s) executed
hereunder, constitutes the entire and final agreement and
understanding between the parties with respect to the Service
and supersedes all prior agreements relating to the Service,
which are of no further force or effect.
8.14 Order of Precedence. In the event of any conflict
between this Agreement and the terms and conditions of the
attached Service Schedule and/or a Customer Order, the order
of precedence is as follows: (1) the Customer Order, (2) the
Service Schedule, and (3) this Agreement.
8.15 Survival. The provisions of this Article 8 and Articles 3, 4,
6 and 7 and any other provisions of this Agreement that by their
nature are meant to survive the expiration or termination of this
Agreement shall survive the expiration or termination of this
Agreement.
8.16 Relationship of the Parties. The relationship between
Customer and Supplier shall be as independent contractors and
shall not be that of partners, agents, or joint venturers for one
another, and nothing contained in this Agreement shall be
deemed to constitute a partnership or agency agreement
between them for any purposes. including, without limitation, for
federal income tax purposes.
8.17 Severability; Waiver. In the event any provision of this
Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, such offending provision(s) shall
be stricken and the remainder of this Agreement shall remain
legal, valid and binding. The failure by either Party to exercise.
or enforce any right conferred by this Agreement shall not be
deemed to be a waiver of any such right nor to operate so as to
bar the exercise or enforcement of any such or other right on
any later occasion.
8.18 Third Party Beneficiaries. This Agreement shall be
binding upon, inure solely to the benefit of and be enforceable
by each party hereto and their respective successors and
assigns hereto, and nothing in this Agreement, express or
implied, is intended to or shall confer upon any thirty party any
right, benefit or remedy of any nature whatsoever under or by
reason of this Agreement.
8.19 Counterparts. This Agreement may be executed in one
or more counterparts (including by means of facsimile or
electronic .pdf submission), all of which taken together shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the Effective Date written above.
ALLO COMMMUNICATIONS LLC ("Supplier")
By
Name Kathy Carstenson
Title Director of Business Sales
Weld County, Colorado ("Customer")
rk to the Board
BOARD OF COUNTY CON/EMISSIONERS
WELD COUNTY. COLORADO
Mike Freeman_ Chair
Page 7 of 11
OCT 0 2 2023
0240,1- orno
EXHIBIT A
PRIVATE LINE, DEDICATED INTERNET, AND ETHERNET ACCESS SERVICE SCHEDULE
1. Applicability. This Service Schedule is applicable to Customer orders for Private Line Access Service ("Private Line
Service"), Dedicated Internet Access Service ("DIA"), and Ethernet Access Service ("Ethernet Service").
2. Definitions. Any capitalized terms used herein and not otherwise defined shall have the meaning set forth in the
Agreement.
"Back -Up Port" shall mean any Service port other than the Primary Port that is configured to send/receive traffic only in the
event that the applicable Primary Port becomes unavailable to send or receive traffic. The Back -Up Port must be identified as
such in the Customer Order and provisioned on a Supplier router or switch (within the same Supplier POP) that is separate
from the Primary Port.
"Excused Outage" shall mean any outage, unavailability, delay or other degradation of Service related to, associated with or
caused by (i) Scheduled Maintenance, (ii) Customer actions or inactions, (iii) Customer provided power or equipment, (iv) a
Force Majeure Event, or (v) any third party, excluding any third party directly involved in the operation and maintenance of the
Supplier Network but including, without limitation, Customer's end users, third party network providers (including those
providing Off -Net Circuits), traffic exchange points controlled by third parties, or any power, equipment or services provided by
third parties.
"Fixed Data Rate" shall mean a recurring charge for any Service that is based upon a fixed data rate committed by Customer
and set forth in the Customer Order (expressed in Megabits per second (Mbps)).
"MRC" shall mean the monthly recurring charge set forth in the Customer Order applicable to the relevant service.
"NRC" shall mean the non -recurring, per -port installation charge set forth in the Customer Order applicable to the relevant
Service.
"Off -Net Circuit" shall mean a connection between the Customer Premises and the Supplier Network that is provisioned by
Supplier through a third party provider for use by Customer. Off -Net Circuits may include local or long -haul TDM private lines,
Ethernet private lines, local or long -haul 2.5 Gbps and 10 Gbps wavelengths, or dark
fiber extensions, as further described in the Customer Order.
"On -Net" shall mean Service that both originates from and terminates to a location that is on the Supplier Network.
"Primary Port" shall mean any Service portthat is configured to send/receive Customer's Service traffic during normal network
operations, as identified in the applicable Customer Order.
"Protected Service" shall mean any Service architected using standard network protection methods for full path redundancy
through the Supplier's network, path redundancy to the customer location, and configured with both a Primary Port and Back -
Up Port.
"Receive Traffic" shall mean traffic from any original point that is received by Customer on the Supplier Network.
"Send Traffic" shall mean traffic from any origination point that is sent by Customer onto the Supplier Network.
"Service(s)" shall mean any Supplier service described in this Service Schedule and identified on a particular line item of a
Customer Order.
"Service Unavailability" or "Unavailable" shall mean that the Primary Port is unable to send or receive traffic; and for
Protected Service, that both the Primary Port and the Backup Port are unable to send or receive traffic.
"Service Unavailability Time" shall mean the total amount of time of Service Unavailability during a Month for the applicable
Page 8of11
Service.
"Standard Service" shall mean any Service configured with a single Primary Port and no Backup Port. Standard Service is
architected as a linear circuit and does not offer protected paths through the Supplier's network.
"Supplier POP" shall mean data center space owned or leased by Supplier or any of its Affiliates for the purpose of, among
other things, locating and collocating communications equipment and to which the Supplier Network is directly connected.
"Survivable Service" shall mean any Service configured with a single Primary Port and no Backup Port. Survivable Service
is architected using standard network protection methods for full path redundancy through Supplier's network.
3. Service Description.
a) Private Line Service is a point-to-point designed to interconnect physically separated network equipment. Private Line
Service is available in typical capacities (DS -3 through full -port OC-192).
b) DIA Service is an IP transit service (including dedicated IP access port(s)) providing access to the Supplier Network
and the global Internet. DIA Service is available through TDM (DS -3 through full -port OC-48) and Ethernet (fractional
10/100 Mbps through full -port 10 gigabit) interfaces.
c) Ethernet Service is a point-to-point or multi -point service designed to interconnect physically separated local area
networks (LANs) or Wide Area Networks (WANs) by providing access to the Supplier Network and the global Internet.
Ethernet Service is available through TDM (DS -3 through full -port OC-192) and Ethernet (Fast Ethernet, Gigabit
Ethernet, and 10 Gigabit Ethernet) interfaces.
4. Service Delivery Requirement. Supplier will conduct an end -to -end system performance test of the Service and the
Notice of Completion shall include the results of a Bit Error Rate test conducted demonstrating error free transmission during
a sixty (60) minute test period.
5. Service Charges. Customer will be billed on a Fixed Data Rate.
a) Fixed Rate Charges. Fixed Rate charges consist of two (2) components: (a) NRC; and (b) Fixed Rate MRC which
includes Off -Net Circuit Charges (if any.) The Fixed Data Rate Charges shall be set forth in the Customer Order.
b) IP Address Charges. In the event Supplier provisions an IP address for Customer in order to provide the Service,
the IP address charges shall be set forth in the Customer Order.
6. Invoicing and Payment.
a) Fixed Data Rate MRC is invoiced monthly in advance, and is due and payable within thirty (30) days after the date of
the invoice.
b) NRC shall be invoiced with the first monthly MRC invoice and is due and payable within thirty (30) days after the date
of the invoice.
c) IP address charges shall be invoiced at the frequency identified in the relevant Customer Order, and shall be due and
payable within thirty (35) days after the date of the invoice.
7. IP Addresses. In the event that Supplier assigns to Customer an IP address as part of the provisioning of Service, such
IP address(es) shall (upon Supplier's request and to the extent permitted by law) revert to Supplier after termination of the
applicable Customer Order for any reason whatsoever, and Customer shall cease using such address. At any time after such
termination, Supplier may re -assign such address to another user.
8. Domain Names. In the event that Supplier obtains for Customer a domain name as part of the DIA Service, Customer
shall be the sole owner of such domain name. Customer shall be solely responsible for:
a) paying any fees (including renewal fees) relating thereto;
b) complying with any legal, technical, administrative, billing or other requirements imposed by the relevant domain
name registration authority;
c) modifying such domain name in the event Customer changes service providers; and
d) all third party claims (including claims for intellectual property infringement) relating thereto, and Customer shall
indemnify and hold Supplier harmless from all such claims and expenses (including legal fees and court costs) related
thereto.
9. Acceptable Use Policy. Customer acknowledges it has reviewed the Supplier's AUP.
10. Cancellation and Termination Charges.
a) In the event the Service is cancelled pursuant to Section 3.7(A) of the Agreement, Customer shall pay Supplier a
Cancellation Charge equal to the sum of:
(i)
any reasonably documented third party expenses relating to the construction or installation of the Service,
including but not limited to non -recurring or aid to construction charges shown on the applicable Customer
Order;
(ii) any previously waived NRCs for the cancelled Service; and
(iii) (a) one (1) month's MRC for the cancelled Service if written notice of cancellation is received by Supplier
more than five (5) business days prior to the Customer Commit Date.
b) In the event the Service is terminated pursuant to Section 3.7(B) of the Agreement, Customer shall pay Supplier a
Termination Charge equal to the sum of:
(i) all unpaid amounts for Service provided through the date of termination; and
(ii) 100 percent of all remaining monthly recurring charges for the first year of the applicable Service Term and
50% of all subsequent monthly recurring charges for the remainder of applicable Service Term
c) The parties acknowledge that the Cancellation or Termination Charges set forth in this Section 8 are a genuine
estimate of the actual damages that Supplier will suffer and are not a penalty.
11. Portability Option. In the event Customer terminates any Service hereunder prior to the end of the applicable Service
Term and such termination is not due to Supplier's failure to maintain Service in accordance with this Agreement, Customer
will not be required to pay the Cancellation Charge provided that Customer orders new Service(s) ("Replacement Order(s)")
from Supplier of equal or greater monthly recurring charges for an equal or greater term as the terminated Service within sixty
(60) days of the termination of the Service. In such cases, if Supplier actually incurs charges in provisioning the Replacement
Order, Customer shall pay the reasonable charges Supplier actually incurred in the form of a nonrecurring charge that will
appear on Customer's first invoice for the Replacement
Order.
12. Service Levels. Supplier's Service is backed by the following Service Levels:
a) Installation Service Level. Supplier will exercise commercially reasonable efforts to install any Service on or before
the Customer Commit Date specified for the Service.
The Installation Service Level set forth in Section 11(a) shall not apply to (a) delays in delivery caused by an Excused
Outage, (b) delays resulting from Off -Net Circuits, (c) delays in delivery caused by Customer Orders that contain
incorrect information supplied by Customer or Customer Orders that are altered at Customer's request after
submission and acceptance by Supplier, and (d) any Service where Supplier (or a third party contractor engaged by
Supplier) is constructing Facilities in or to the Customer Premises necessary for delivery of such Service, provided
Customer was made aware of or otherwise knew such Facilities were required to be constructed.
b) Availability Service Level At the end of each Month, Supplier shall calculate the total Service Unavailability Time
The Availability Service Levels set forth in this Section 11(b) shall not apply to Service Unavailability caused by (a)
an Excused Outage, or (b) Off -Net Circuits, or (c) circumstances beyond the reasonable control of Supplier
(i) The Availability Service Level for Private Line Service is 99 5% for Standard Private Line Service, 99 95% for
Survivable Private Line Service, and 99 99% for Protected Private Line Service
(ii) The Availability Service Level for DIA Service is 99 5% for Standard DIA Service, 99 95% for Survivable DIA
Service, and 99 99% for Protected DIA Service
(iii) The Availability Service Level for Ethernet Service is 99 5% for Standard Ethernet Service, 99 95% for Survivable
Ethernet Service, and 99 99% for Protected Ethernet Service
(iv) Customer may be entitled to an outage credit based upon the monthly Service Unavailability Time experienced
by the affected On -Net service The amount of credit shall be calculated according to the following schedules
Ethernet, Standard Ethernet, and DIA Service Protected Ethernet Service
i' ,,, ' 's-�, '. fr
"'ZAP Chi ~Yi` d,,,,t ,', �� F
JJnavailabil><ty per
Serv►ce Level Credit -
: rah
:',I,..;"
debf'S't
Interruption -
,� Nib<
:{
�'`((I Credit of Monthly
Virs man s secs) �` r
`
)ryai Service Charge,
,5Y' ,..,t,,,,, ;°,, ! x ..44 n
''' '
t
^,' i Applicable to )the r
F {a r� 1'^
nter[u tell Se�rvice) .4,,,,r
"
i_ i`' it+` & t r k , z
i a ,, t"
00 00 01 - 02 00 00
0%
020001-80000
25%
08 00 01-16 00 00
50%
16 00 01-24 00 00
75%
24 00 01 or greater
100% (maximum credit
per month per applicable
service)
r
r✓ pia
Unavailability per
r
. qtr � '�' � �-
`Interruption y ,
(hrs:mins.secs)- �, ,
r- It !gy �7.te ..i �'�+al
at , , , '
' ' �-., ��- � -
N~ui J< i f lrH} ,rL 5 ! 4 „' F^F1l
.. YLfI`�/` a �♦
t ..rP4...'
kM
'Se`rvice-Level Credit
'__ w _ - ;-, :.,„, �'i k i-,�,r y ,
("/o Cied><t of Monthly, ,
- -Service Charge
Yti Y'e X rr' �;,rr '
, Applicable to, the ' r
' Interrupted°Serv><e),,
•-i'1Y � YtJ �5 �''iV� T�9 P/.R1-�.
�zl�.'%1n `, Y- r.,-
00 00 01 - 02 00 00
20%
020001-40000
40%
04 00 01-08 00 00
60%
08 00 01-12 00 00
80%
12 00 01 or greater
100% (maximum credit
per month per applicable
service)
c) Packet Delivery Service Level The Packet Del very Service Level is 99 5% for On -Net traffic between Supplier POPs
Packet Delivery is the average number of Internet Protocol ("IP") packets of information that transit the Supplier
Network and are delivered by Supplier to the intended On -Net destination in a Month, as measured by Supplier
Packet Delivery measurements may be obtained from Supplier upon request
The Packet Delivery Service Levels set forth in this Section 11(c) shall not apply to Packet Delivery loss caused by
(a) an Excused Outage, or (b) Off -Net Circuits
Allo
—'BER
Order & Customer Information
Order Date
9/12/23
Customer Phone
970-400-2555
Contact Name
Aleksei Churyk
Salesperson
Matt Lightner
Voice Services
Quantity
Description
0
Data Services
EAS
Quantity
Description
1.
DIA Internet: 200 Mbps
1
Static IP
TV Services
Quantity
Description
Taxes & Surcharges
Quantity
Description
0
Access Recovery
0
Number Portability
0
Telecom Relay
0
911 Surcharge
0
Colorado USF
Conduit Fee
FCC User Fee
Occupational Tax
Federal USF
Federal Taxes
State / Local Taxes
Billing Information
Bill To
Weld County Government
Billing Address
1150 O Street
City, State
Greeley, CO 80632
Email Address
billing.it@weld.gov
Listed Price
Total Price
$
Voice Monthly:
$
-
Listed Price
Discount Total Price
S
515.00
$
$
513.00
S
5.00
$
S
5.00
Data Monthly:
$
520.00
Data Discounting:
$
-
Listed Price
Total Price
TV Monthly:
$
-
Total Price
$
$
$
$
$
S
S
-
$
0.69
S
$
S
Service Term shall be for a 24 months. If the Customer terminates service prior to the expiration of the Term, the Customer
shall pay Allo an early termination charge equal to 100% of the unpaid balance of the monthly service charges that would
have been due throughout the remainder of the Term.
Request for Service
EInstallation Information
Install Location
Weld County Government
Install Address
810 9th Ave 2nd Floor
City, State
Greeley, CO 80631
POC
achuryk@weldgov.com
3.0 LE
9
Additional Lines
Line 1
Line 2
Line 3
Line 4
Line 5
Line 6
Line 7
Line 8
Line 9
Line 10
New Installation
Contact #
970-400-2555
Terms
Taxes & Surcharges can change without notice as they are generally
controlled by government entities.
https://www.allocommunications.comiterms-and-
conditions/business-client-terms-andTconditionq
I authorize Allo Communications to provide the following below (check all that
apply) to my telephone number(s).
Local Service
Local -Toll Service
Long Distance
❑
Subtotal:
$ 520.00
Multi -service Discount:
$ -
Promotional Discount:
$ -
Tax & Fees Monthly:
$ 0.69
Monthly Total:
$ 520.69
I certify that I have read and understand this Letter of Agency. I further certify that I am at least nineteen years of age and I am authorized to change telephone companies for telephone services. Taxes & Surcharges can
change without notice as thy are generally controlled by government entities.
S.
Signature:
3
Printed Name:
Mike Freeman, Chair
Date:
OCT 0 2 2023
Board of Weld County Commissioners
aoa& -an°
Entity Information
Entity Name *
ALLO COMMUNICATIONS LLC
Entity ID*
@00046017
Contract Name*
INTERNET SERVICES FOR NEW DHS VISITATION
CENTER
Contract Status
CTB REVIEW
(I) New Entity?
Contract ID
7441
Contract Lead *
ACHURYK
Contract Lead Email
achuryk@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
INTERNET SERVICES FOR NEW DHS VISITATION CENTER; MONTHLY SUBSCRIPTION COST FOR 2 YEAR TERM.
Contract Description 2
IF EARLY TERMINATION, WE OWE 100% OF UNPAID BALANCE TO END OF 2 YEAR TERM.
Contract Type
AGREEMENT
Amount*
$12,496.56
Renewable *
YES
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
INFORMATION
TECHNOLOGY-GIS
Department Email
CM-
InformationTechnologyGI
S@weldgov.com
Department Head Email
CM-
InformationTechnologyGI
S-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
Requested BOCC Agenda
Date *
10/02/2023
Due Date
09/28/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
10/02/2023
Termination Notice Period
Contact Information
Review Date*
06/15/2025
Renewal Date *
10/02/2025
Committed Delivery Date Expiration Date
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
MATT LIGHTNER PRIMARY MATT.LIGHTNER@ALLOFIBER.COM 970-503-5368
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
RYAN ROSE CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
09/26/2023 09/27/2023 09/28/2023
Hello