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Home My WebLink About20210592.tiffw ii"i�xZ%bTidomWegiiallaaVIAZ^r3ISZdMkSOTAVANNZ' E3IOSU.%",�i6v'eS;*htir`.ivS9"sizSYsfFa'i�.iae4%n taren�?•FW'aa+w ort*wiksig z+U.ieraxicaw.trwe.orn".ng PASS -AR BOARD OF COUNTY COMMISSIONERS PASS-AROUN REVIEW ND TITLE: Kiowa Grader Shed Internet Services — Roggen ,enterprises Agreement ARTIET: Information Technology DATE: 2/10/2021 PERSON !1 ESTI G: Ryan Rose Brief deserepti of th problemassuea As part of the Public Works Grader Shed project, interact connectivity will be necessary to provide access to County systems. Roggen Enterprises provides service to this location for $110400/month and a one-time cost of 150.00 for installation. Karin McDougal has approved the associated agreement. t op:sist for the Boar seq ,.4 neesg imps ets, costs, etc. of options): IT requests, authorization for the Chair to sign the agreement to providc 'Internet services to the Grader Shed site. Rec endatio eld County IT recommends that the Board grant approval for the Chair to sign the attached agreement. Perm L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Approve Schedule gcco Merida ion Work Session Other/Cornmentsi. / 2921-0592 17fla0/0 519 FRONT PO BlIX 100 ROGGEN CO COMPANY N MCI a (a 0652 kAidd County Gov r rent PHONE: 303=849-5260 303- 49=5255 EMAIL: roggen r to bbonet H ,? NE: 970-400-2500 CONTACT N � E: Ryan Grose PH NE: 9(0-400-2500 BILL9n:G CONTACT N Gaya Rose Phi NE: 970-400-2500 PHYSICAL RESS: 42049 9wy 52 (Kiowa) ZIP 30052 BILLING A0 RESS: 401 N 17t Avg n e PO OX PO Box 753 CITY G ee0cy ZIP 30032 �, STALL Tia -- & AR S' � � IVi NTH'S ILL DUE P IM CTIVATil N OF ACC UN T 111 U r , 9I checks CJ it tl US 3. be ii Q iialyl e out to/ tl `i!o'4� "�+�".J g '4is tl tl Telephone) . :�-r. vsxa _...__.._..,. ._.�. t SE VICE PLAN UPLOAD � (UP DOWNLOAD�-�--��, i O) j��{\�V�ffJ�jj r,l:/� C[1-1AWE * NTH L ��]/ U° iNSTALLATION U ES '�i �� 10IMb UP/1 , ESW* $1110.00 $15 ..00 BUSEINEiS 1 5MIDI i l 5Mb OWN $150.0)0 , $2t0.00 LARGE BUSINESS A L SERVICE PL r rt+, NS ARE F PLEASE READ TERMS AN AC K OF HIS 0 * CUMENT hereby cetY ggen Ente that the above inf r atiron is correct and have read, and errs,andg and accept rpriseTerms and Conditions. Note: dust be 18 or older to sign and date this doc rne� d ATE: MAR 0 1 2021 ar n r a document n F cf aned 1Qr.1/id(��Y�'1��1r(.,Jr'y� {Qjp��Q}�''1Jj�`y.�j�+(�.11S (pj�!� C•'= 'Jn� r{'ti o-'\ �TJ'Ja�,'ppu'p1yr, •i��lCy. �.\ k'i (•ry�� Ci��i`��V�!�" jJ��n y�{,� � (CS{A�.P'�ACi��]q�j 4a dman .0 (f��:j1�(j��.{`j{��(!�y; y�pJ#Zq��'�ay 'y�¢j3•f� ��.ijf ��Jj p� � {�y�j+�� /�.y�,+^Niscce 4� VIhis dtVcu� �fKe� �5 u6lYless ��J is and tld `N�a'ij+aEbV 1D� ton the ��s �W Y�Yp and �� initialed , o� � "�' O�2Y iM1d ad:T O E e;20o2/if ccc,4679az_ TERMS AND CONDITIONS This Agreement is entered into by and between Roggen Enterprises Broadband LLC, a Colorado Limited Liability Company ("Roggen Enterprises") and the customer identified on the signature page of this Agreement. Roggen Enterprises will provide to the customer those Services identified on this signature page of this Agreement, subject to the terms and conditions contained herein. 1) Indemnification by Customer. Roggen Enterprises reserves the right to take any action necessary, allowed by law, to recover the cost of replacement of the Standard Installation Equipment if damaged due to Customer's negligence or if removed from Customer's premises without the written consent of Roggen Enterprises. Standard InstallationEquipment is any equipment or hardware used to connect you to Roggen Enterprises Wireless including but not limited to Antennas, Radios, Mounting Hardware, Wire, and Cables. 2) Interruptions; Discontinuances. Roggen Enterprises is not and will not be responsible for interruptions or discontinuances of Service caused by factors beyond its control, including, but not limited to, equipment failure, delays, negligence, strikes, or acts of God. It is the customer's responsibility to contact Roggen Enterprises for any service issues related to the products offered under this .Agreement. Customer agrees that Roggen Enterprises is not responsible for any third party charges due to problems related to the products offered under this Agreement unless prior written authorization is obtained. 3) Disclaimer of Warranties. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICES AND THE INTERNET AND ACCESSES THE SAME AT ITS OWN RISK. ROGGEN ENTERPRISES EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT ACCESSIBLE OR ACTIONS TAKEN ON THE INTERNET AND ROGGEN ENTERPRISES EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT OR ACTIONS. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SERVICES AND RELATED SOFTWARE AND OR CUSTOMER PREMISES EQUIPMENT PROVIDED BY ROGGEN ENTERPRISES, IF ANY, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY ROGGEN ENTERPRISES, ITS AFFILIATES, ITS CONTRACTORS, OR ANY OF THEIR RESPECTIVE ELMPLOYEES SHALL CREATE ANY WARRANTY. ROGGEN ENTERPRISES DISCLAIMS ALL LIABILITY OR RESPONSIBILITY FOR ACTS AND OMISSIONS OF OTHER THIRD PARTY SERVICE PROVIDERS THAT MAY BE ACCESSED THROUGH USE OF THE ROGGEN ENTERPRISES SERVICES PROVIDED HEREUNDER. INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF VOICE OVER INTERNET PROTOCOL ("VOIPD SERVICES. 4) Limitation of Liability. EXCEPT FOR CUSTOMER'S PAYMENT AND INDEMNIFICATION OBLIGATION EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY, ITS AFFILIATES OR CONTRACTORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER ARISING FROM OR RELATED TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE. CUSTOMER'S EXCLUSIVE REMEDIES FOR ANY AND ALL CLAIMS RELATED TO THE SERVICE SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY CUSTOMER TO ROGGEN ENTERPRISES FOR THE AFFECTED SERVICE IN THE SIX MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM. ROGGEN ENTERPRISES'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL PAYMENTS MADE BY CUSTOMER TO ROGGEN ENTERPRISES PURSUANT TO THIS AGREEMENT IN THE SIX MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM. 5) Billing Terms. Our billing cycle begins on the 1 st of each month. Credit Card billing will be done automatically on or about the first business day of each month. This charge will include any flat rate service charges for the upcoming month and any additional usage charges incurred in the previous month. Customers wishing to be invoiced will also be billed in a similar manner. Invoices will be mailed on or after the 25th of each month and are due within 30 days. Your account will be considered delinquent should Credit Card processing be rejected, or if being invoiced, failure to pay by the due date of the invoice or if your check is returned to us as uncollectible for any reason. Should your check be returned to us you will be subject to a returned check charge of $25. Delinquent accounts may have Service terminated at the discretion of Roggen Enterprises. Termination of Service does not relieve you of liability for any outstanding funds due to Roggen Enterprises. If your Service is terminated due to your being delinquent in payment, you may be subject to reconnect fees depending upon the type of Service provided to you by Roggen Enterprises. b) Canceling; Disconnection. If you wish to cancel service with Roggen Enterprises you are required to give written or email notice to support@rtebb.net at least 10 days prior to the next billing cycle. Upon cancellation or disconnection you give Roggen Enterprises the right to go on your property and remove its equipment and hardware f -om your premises. During the year of service, all cancellations become effective at the end of the month and will be subject to verification. Business class services must mail or fax their request on company letterhead. Canceling does not relieve you of liability for any outstanding funds due to Roggen Enterprises. Setup Fees, Domain Name Registration fees, and Secure Certificate fees are nonrefiundable. Customer acknowledges that Customer is entering into this Agreement with Roggen Enterprises for a minimum of one year of service. Customer further acknowledges that Roggen Enterprises has priced its services hereunder in reliance on Customer's agreement to purchase a minimum of one year of service. In the event that Customer decides to cancel service prior to the expiration of the initial year of service, customer shall remain liable for payment of all regular service rates, set up fees and other fees associated with the initial year of service. Domains registered through Roggen Enterprises will not be released unless your account is current. Roggen Enterprises reserves the right to cancel an account at anytime, without notice, for any violation of this Agreement and/or Roggen Enterprises's Acceptable Use Policies. Please see http://www.rtebb.net for Roggen Enterprises's current Acceptable Use Policy information. 7) Amendments. This Agreement (together with the signature page hereto) and the Acceptable Use Policies posted on http://www.rtebb.net constitute the entire agreement between Customer and Roggen Enterprises with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, expressed or implied, between Roggen Enterprises and the Customer. Roggen Enterprises reserves the right to change its rates and/or modify the terms and conditions contained herein or in the Acceptable Use Policies as long as notice is given (a) in electronic form by electronic mail or by posting on http:/hvww.rtebb.net, or (b) written notice at least 30 days in advance of the effective change. 8) No Third Party Beneficiaries. The tenns, representations, warranties and agreements of the parties set forth in this Agreement are not intended for, nor shall they be for the benefit of or enforceable by, any person or entity that is not a party to this Agreement. 9) Acceptance. Use of Roggen Enterprises Services constitutes acceptance of Roggen Enterprises's most current Terms and Conditions and online Acceptable Use Policies in effect. For the most current Tenns and Conditions and on-line Acceptable Use Policies see our web page at http://www.rtebb.net. 10) Nliscellaneous. Parties may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which consent will not be unreasonably withheld. If any provision of this Agreement is held to be unenforceable, the unenforceable provision shall be construed as nearly as possible to reflect the original intent of the parties and the remaining provisions shall remain in fall force and effect. All terms and conditions of this Agreement which should by their nature survive the termination of this Agreement shall so survive. This Agreement shall be governed by the laws of the State of Colorado without regard to its choice of law principles. INITIAL HERE MIA Rear. 01/28/2019 I aoai, ot9�-R Customer Proprietary Network !Information (CPN1) Notice of Changes 1121 a .: fireless Broa Bats Y�� f The FCC will be implementing new rules shortly that will further strengthen the protection of your Customer- Proprietary Network Information (CPNI). This effort by the Cornrnission is in response to the practice of"pretexting" and provides additional privacy safeguards that will limit pretexters' ability to obtain unauthorized access to your CPNI. "Pretexting" is the practice of pretending to be a particular customer- or other authorized person in order- to obtain access to that customer's call detail or other private communication records. Several changes will be implemented that will affect the way Roggen Telephone Cooperative Company will conduct business with you in the fixture. Specifically, we are required to implement passwords for any customer initiated calls requesting call detail, be able to authenticate who you are as well as any additional authorized contacts you add to your account, and we are to notify you, as well as law enforcement should there be any unauthorized changes to your password, address, or account information. The new rules require that a password is needed before Roggen Telephone Cooperative Company can -release certain information about your account. A password has been established for you below and you are required to fill out the information below and mail it back to us in the self addressed stamped envelope. Roggen Telephone Cooperative Company, in compliance with the FCC rules, will utilize new authentication methods to ensure that we are dealing with the authorized contact. In order for Roggen Telephone Cooperative Company to discuss any details about your account with another party, such as your spouse, sibling, or other, they must be authorized by you and added to your account. If you would like to add another authorized contact to your account, such as a spouse or child, please fill out the information below or you can contact us at the office on 303- 849-5260. These tulle changes are meant to protect you and your valuable customer proprietary information and to saeg ar d your privacy. Please con Please fill out the following information: act us with any questions or concernse No, I do not want to add any additional authorized contacts to my account. Yes, I would like to add the following as authorized contacts for my account: Please Print Name(s):AiekSeO Churyk Telephone Number(s): 970-400=2555 Restricted Information Password: Authorized By: (Signature of person currently listed on account) tt ) ��bc12021 Date: _M.04/Cneadk. Ar:IWA,AN..RI4..a., PplpyGe.• Pe PPP., • Retain one copy for yourself and maill the completed form ria the seLlaci ressed stamped enveflope iT as soon as you have received this -ettere (7200Q1„ -o69 519 Front Street P.O. Box 100 Roggen, CO 80652 Phone: 303-849-5260 Fax: 303-849-5255 ILLI ILL ILEA T lease cs. 11 the offices 3®3-849-526 or er f r yo E i tin gray get , security co nil�k..o aticCre ti it a $1.00 ` O ` HLY CHARGE This pti n is process •_ autr tic lly through the billing systeFT® Yo .sr c rd will processed the first i u iness day e, ery o th. For your security please call the office with the following information if you would like your card automatically processed. Credit/Debit Card Number Expiration Date Security Code (CVV/VIN) (on back ofcard) Name as it appears on Card Mailing Address e crept® Visa ii molter MasterCard ��: � Express Roggen Telephone Acceptable Use Policy RTEBB broadband accesses the internet through multiple tierl backbone internet providers and are required to adhere to their acceptable use policies. These acceptable use policies can be obtained from the following providers: Level3, CCT, ECIN, and NRTC System abuse is strictly prohibited. Roggen Telephone may terminate service immediately and may bill for any resulting charges if the client engages in system abuse. See Roggen Telephones Terms and Conditions on the back of your signup sheet for more information on Service Termination. Following is a list of actions that are defined to be system abuse. This list is Non-exclusive, any action about which there is any doubt should be referred to Roggen Telephone for evaluation. Actions which constitute system abuse include, but are not limited to: Attempting to circumvent user authentication or security of any host, network, or account on Roggen Telephone systems or the Internet at large ("cracking") Attempting, in any way, to interfere with or deny service to any user or any host on the internet Forging email or USENET posting header information Sending any number of unsolicited mail messages (i.e. "junk email, Spam") Forwarding or posting "chain letters" (multiple forwarding) of any type; posting inappropriate messages to USENET newsgroups e.g., posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one's own Engaging in harassment, whether through language, frequency, or size of messages Using an account at another provider to promote a Roggen Telephone hosted web site in an abusive manner Using an account to collect replies to messages sent from another provider which violate these rules or those of that provider IRC: If you use Internet Relay Chat, please be aware that running bots of any kind imposes a ban on our entire domain - your abuse, eliminates *everyone* else at Roggen Telephone from being able to use the given IRC server. IRC servers are not run by Roggen Telephone; they are run by individuals who put a lot of time and resources into making it all work. Please respect their wishes. Anyone caught running bots or other like software will have their account brought under review. Newsgroups: Posting the same message to over 20 newsgroups is considered Spam, and is cancelled by news administrators world-wide. We honor those cancels, as well as their decision to do such. Please keep your posts in the *relevant* newsgroups only. Minor offenses will result in a warning; major offenses and/or repeated minor offenses will result in account termination. Si'1/ITP (Email): Mass junk email sent from Roggen Telephone will result in a review of your actions, potentially leading to account termination. Exceptions are made only for business accounts with a list of people who requested to be put on their mailing list. If in doubt, email support@rtebb.net for clarification. CUSTOMER SUPPORT Roggen Telephone provides Customer Support regarding issues relating to connectivity and common Internet problems. Our employees strive to be as helpful as possible and will help you with your needs within the scope of Roggen Telephone's services. Abusing our employees or using profanity while speaking to a employee will not be tolerated and are terms for immediate service termination without refund. WELD COUNTY: BOARD OF COUNTY COMMISSIONERS VELD COUNTY, COLORADO Steve Moreno, Chair AR 0 1 20th 02,0 c2 /— New Contract Request Entity Information Entity Name* ROGGEN TELEPHONE COOPERATIVE ty ID* ©O1855 ❑ New Entity? Contract Name* Contract ID ROGGEN ENTERPRISES AGREEMENT-KIOWA GRADER SHED 4500 INTERNET SERVICES Contract Status CTB REVIEW Contract Lead* NWONDER Contract Lead Email nwonder.co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* INTERNET SERVICES AGREEMENT FOR KIOWA GRADER SHED 42649 HWY 52; BUSINESS 10MBPS, STATIC IP, 12 MONTH TERM Contract Description 2 IT CONTACT: ALEKSEI CHURYK; REP: WENDY KANZLER; .S S110.00, MONTH; ONE TIME 5150.00; JAN. 2021 Contract Type AGREEMENT Amount* $260.00 Renewable* YES Automatic Renewal NO Grant Department INFORMATION TECHNOLOGY-GIS Department Email CM- InformationTechnol weldgay.com Department Head Email CM- InformationTechnologyGlS- aeptHead�veld'gov.com Courrty Attorney GENERAL COUNTY AI IORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY 2WE LHG OV.COM If this is a renewal enter previous Contract ID i a enter tuISA Contract ID Requested BOCC Agenda Date* 03'01/2021 VAII a work session NO Due Date 02;25 2021 C tae required?* Does Contract require Purchasing Dept. to be included? no 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 03/01%2021 Termination Notice Period Contact Information Review Date 07'01,2021 Committed Delivery Date Contact Lnfo Contact Name Contact Type Contact Email WENDY KANZLER PRIMARY Purchasing Purchasing Approver CONSENT Approval Process Department Head RYAN ROSE DH Approved Date 02125:2021 Final Approval BOCC Approved BOCC Signed [pate BOCC Agenda Date 03 0112021 Originator NWONDER W' �'KANZLERORTE68. NET Finance Approver CONSENT Renewal Date* 02;'28; 2022 Expiration Date Contact Phone 1 Contact Phone 2 303-849-5261 Purchasing Approved Date 02,'25; 2021 Finance Approved Date 02/25/2021 Tyler Ref # AG 030121 Legal Counsel CONSENT Legal Counsel Approved Hate 02 25 2021 Hello