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HomeMy WebLinkAbout20211070.tiff j/ f• OARD OF COUNTY COMMISSIONERS PASS - AROUND REVIE 'V PASS - AROUND TITLE : Stoneham Grader Shed Internet Services — Stoneham Co - Operative Telephone DEPARTMENT : Information Technology DATE : 01 / 11 / 2021 PERSON REQUESTING : Ryan Rose meg rief description of the problem / issue : As part of the Public Grader Shed project , internet connectivity will be necessary to provide access to County software applications . Stoneham Co - Operative Telephone Corporation provides services to this location for $ 139 . 28 / month and a membership cost of $ 340 . 00 . Karin McDougal has reviewed and approved the associated agreement . What options exist for the I : oard ? ( include consequences , impacts , costs , etc . of options ) : IT requests authorization for the Chair to sign the agreement to provide internet services to the Grader Shed site . Recommendation : Weld County IT recommends that the Board grant approval for the Chair to sign the attached agreement . Approve Schedule Recomn nriatio Zs . Work Session Other / Comments : Perry L . Buck . Mike Freeman Scott K . James , Pro - Tent t - Steve Moreno , Chair Lori Saine / • 6 0 -i4er e 4 2021 - 1070 ' I r 0 APF- / / LT:1,6ot° Stoneham Cooperative Telephone Corporation \ft,/ Thank you for your interest in receiving Prairie Lightning Broadband Internet service through the Stoneham Cooperative Telephone Corporation. Please read the enclosed contract. The last two pages need to be filled out in full, signed, and returned to the phone office. Please keep a copy of these signed pages for your records. Once we receive these two pages back, we will be calling you to set up a time to come to your home and install the equipment. Note the internet speed options and prices: 15.0 mbps - $45.00 50.0 mbps - $85.00 100.0 mbps - $100.00 Please call if you have any questions. Taya Northrup Office Manager ST0NEHAM COOPERATION . TELEPHONE C0RP0RA k 7 TI0N ti • • OX 56 PO B ST0NEHAIVI , C0L0RA ® 0 80754 4 '� 21c1JZY1ci 1r PHONE : 970- 735 -2251 ,,, _cc* } r FAX : 970-735 - 2251 v� ff Broadband Inten- et. ServiCe welcome to Prairie Lightning High Speed Internet, Thank You for choosing Prairie Lightning as your High Speed Internet carrier . Attached you will find a contract outlining service commitments and subscriber responsibilities . Please review and sign where indicated . Below is a list outlining system requirements and services included with High Speed Internet Service : REQUIREMENT'S : Your computer must have a Network Interface Card ( NlC ) or LAN Card . ( Most newer computers will already have a NIC or LAN card . ) Some applications may require additional or changes to inside wire . Customer will be responsible for these equipment and installation costs . Customer Premise Equipment ( CPE ) will consist of all wiring and equipment beyond the customer' s Network Interface Card ( NIC), splitter, firewall, and filters . Any additional requirements by customer shall be determined on a case- by-case basis . BASIC HIGHSPEED INTERNET SERVKE WITH 2 YEAR CONTRACT INCLUDES : 3 email accounts 200 megabits of storage Spam and Virus Scanning Capabilities Included Any installation charges waived at the time of installation of service as part of a multi-yea r contract shall be charged if contract is terminated early . ( Early Termination Fee of $ 99 . 00 will be assessed for disconnects prior to term commitment . ) by you or SCTC in accordance with this Agreement. After the Minimum Service Term expires, the term of this Agreement will automatically renew on a month -to -month basis until terminated by you or SCTC in accordance with this Agreement. 3.3. Termination. If you cancel your order before installation, you will not be charged. If a Minimum Service Term applies and you cancel the Service after installation but before completion of the Minimum Service Term, you will be charged a Termination Fee equal to the waived installation fee of $99.00. 3.4. Installation of Equipment. You represent that there are no legal, contractual or similar restrictions on the installation of the Prairie Lightning Equipment in location(s) you have authorized. It is your responsibility to ensure compliance with all applicable building codes, zoning ordinances, homeowners' association rules, covenants, conditions, and restrictions related to services provided under this Agreement, to pay any fees or other charges, and obtain any permits or authorizations necessary for services provided under this agreement (collectively "Legal Requirements"). You are solely responsible for any fines or similar charges for service in violation of any applicable Legal Requirements. You acknowledge and agree that SCTC or our service provider will be required to access your premises or system and to install and maintain the Prairie Lightning Equipment necessary for you to receive the Service inside and outside your home. By signing this Agreement, scheduling a service or installation visit, and permitting SCTC or our service provider to enter your home, you are authorizing Prairie Lightning, SCTC or our service provider to perform all of the above actions. NEITHER PRAIRIE LIGHTNING, SCTC, NOR OUR SERVICE PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER. You are responsible for backing up the data on your computer and SCTC highly recommends that you do so prior to permitting access by SCTC or one of our designated service providers. Timeframes for installation, if any, are not guaranteed and may vary depending on the types of services requested and other factors. 4. Subscriber Responsibility. 4.1. Responsibility. You agree that you are responsible for all access to and use of the service through your account or password(s) and for any fees incurred for Service, or for software or other merchandise purchased through the Service, or any other expenses incurred in accordance with the terms of this Agreement. You acknowledge that you are aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of the Service by minors who use the Service through your account. You ratify and confirm any obligations a minor using your account incurs or assumes and any promises or permissions such minor makes or gives. 5. Fees and Payment 5.1. Commencement and Duration of Monthly Fees. You acknowledge that (subject to any exceptions granted by SCTC) a monthly fee will apply for each and every month (or portion of a month) that you are a subscriber, beginning with the date your Service is activated. Your account will continue until you cancel the account in accordance with the method or methods specified by SCTC (unless otherwise terminated in accordance with this Agreement). As stated above, you may cancel your account at any time, subject to payment of the Termination Fees, if applicable. The monthly subscription fee shall cease to apply for any months after the billing month in which you cancel or terminate your account in accordance with these terms and conditions. 5.2. Billing and Charges. You agree to pay, in accordance with the provisions of the billing option you selected, any registration, activation or monthly fees, ISP service charges, minimum charges and other amounts charged to or incurred by you, or by users of your account, at the rates in effect at the start of the billing period in which those amounts are charged or incurred. You agree to pay all applicable taxes related to your use of the Service, provision of services, software or hardware or the use of the Service by users of your account. Information on charges and surcharges (if any) that are to be paid to SCTC and are incurred by you or by uses of your account will be made available to you and you agree that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to SCTC. 5.3. Statement. You will receive a paper bill in the mail for your service. (Unless you are receiving ebills to your email account.) 5.4. Payment. You agree to remit amounts due and payable to SCTC each month at the address provided in your monthly statement. 5.5. Late Payment. If your payment is not received by SCTC before the next statement is issued, you may be charged a late fee on the delinquent balance at the lesser of 1.5% per month or the maximum rate permitted by applicable law. If SCTC does not receive payment from you before your next statement is issued, SCTC has the right to suspend your Service or terminate this Agreement without notice. Termination of the Agreement by SCTC due to your default or nonpayment may result in a Termination Fee owed by you, if you are subject to a Minimum Service Term that has not been satisfied. SCTC will reserve the right to correct and charge under -billed amounts for a period of 90 days after the incorrect statement was issued. Payment of the outstanding balance is due in full each month. If your payment is not received by SCTC before the next statement is issued, you may be charged a late fee on the delinquent balance at the lesser of 1.5% per month or the maximum rate permitted by applicable law. 5.6. Internet Overage Policy. You will be charged $10 per month for each 100GB used over 600GB. This usage is monitored for us by Wiggins Telephone and will then be reported to us by the end of each month for our billing purposes. 5.7. Payment Authorization. If applicable, you agree that Service Provider can charge your credit card or debit card ("Card Payment"), or initiate an electronic funds transfer out of your bank account ("EFT Payment") for payment of all Service fees, the Termination Fee or any other amounts payable under this Agreement. Additionally, you agree that Service Provider will bill your monthly service fee in advance, and such Service fee will automatically be collected through either a Card Payment or EFT Payment. With respect to such charges the following authorization applies: You authorize automatic Card Payments or EFT Payments by Service Provider. You agree that the charges described above will be billed to the credit or debit card provided by you when you applied for the Service until such time as you may authorize recurring EFT Payments. You must provide current, complete, and accurate information for your billing account, and promptly update any changes (such as a change in billing address, credit card number, credit card expiration date, bank account number). If you fail to provide us with any of the foregoing information, you agree that service Provider may continue charging you for any service provided under your account. If SCTC is unable to process your credit or debit card at any time, your account may be immediately suspended or terminated and you will remain responsible for all amounts payable by you to SCTC. Your card issuer agreement governs use of your credit or debit card payment in connection with this Service and you must refer to that agreement with respect to your rights and liabilities as a cardholder. If SCTC does not receive payment from your credit or debit card issuer or its agent, you agree to pay SCTC all amounts due upon demand by SCTC. You agree that Service Provider will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under this Agreement. Credit card payment is not required for residents of States where payment by credit cards may not be made mandatory. 5.8. Disputes and Partial Payments. If you think a charge is incorrect or you need more information on any charges applied to your account, you should contact SCTC's billing department. You must contact SCTC within 45 days of receiving the statement on which the error or problem appeared. SCTC will make available to you a statement for each billing cycle showing payments, credit purchases and other charges. SCTC will not pay you interest on any overcharged amounts later refunded or credited to you. SCTC may, but is not required to, accept partial payments from you. If partial payments are made, they will be applied to amounts owed by you starting with the oldest outstanding statement. If you send SCTC checks or money orders marked "payment in full" or otherwise labeled with a similar restrictive endorsement, SCTC can, but is not required to, accept them, without losing any of SCTC's rights to collect all amounts owed by you under this Agreement. If SCTC chooses to use any collection agency or attorney to collect money that you owe SCTC or to assert any other right that SCTC may have against you, you agree to pay the reasonable costs of collection or other action including, but not limited to, the costs of a collection agency, reasonable attorney's fees, sheriff service fees, and/or court costs. 5.9. Reactivation. If your Service is suspended or terminated, including your failure to submit payment on time or for any other reason, in addition to payment of past due amounts, SCTC may require a deposit before reactivating your Service. The amount of the deposit will not exceed one year of monthly fees. Deposit amounts shall not earn or accrue interest. If your Service is suspended or terminated for any reason, including at your request or because of your failure to pay past due amounts, and you want to reactivate the Service, you agree to pay a reactivation fee in accordance with our then current rates. In addition you must bring your account up to date through the month of reactivation by making payment in full of any outstanding balance, fees and other applicable charges. 5.10.Credit Inquiries and Reporting. You authorize SCTC to make inquiries and to receive information about your credit experience from others, including credit reporting agencies, enter this information in your file and disclose this information concerning you to appropriate third parties for reasonable business purposes. In the case of late payment or non-payment for any of the Services ordered by you or any other charges, you understand and agree that SCTC may report such late payment or non-payment to the appropriate credit reporting agencies. 6. Warranties and Limitations of Liability 6.1. Disclaimer of Warranties. You expressly agree that use of the Service is at your sole risk. Neither service provider, Prairie Lightning nor any of Prairie Lightning's employees, suppliers, licensors or third party content providers ("partners") warrant that the service will be uninterrupted or error free; nor does service provider, Prairie Lightning nor any of the partners make any warranty as to the results to be obtained from use of the service, including any minimum upload or download speeds. The service is distributed on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, accuracy or completeness of informational content, non -infringement or otherwise, except the foregoing shall not apply in states where it is prohibited. Service provider and Prairie Lightning expressly disclaim any representation or warranty that the service will be error free, secure or uninterrupted or operate at any minimum speed. No oral advice or written information given by service provider, Prairie Lightning or any of the partners shall create a warranty; nor shall you rely on any such information or advice. Because Prairie Lightning provides subscribers with electronic access to the content available on the internet, service provider and Prairie Lightning cannot and does not warrant the accuracy of any of the information you obtain through the service. Service provider and Prairie Lightning shall have no liability whatsoever for any damage to or loss or destruction of any hardware, software, files or data resulting from, or from any attempt to remove, any computer virus or other harmful feature. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you to the extent such exclusion is not allowed by applicable law. The limited warranty gives you specific legal rights, and you may have other rights that vary by jurisdiction. 6.2. Limitation of Liability. To the maximum extent permitted by law, neither service provider, Prairie Lightning nor any of the partners shall be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of use of the service or inability to use the service or out of any breach of any representation or warranty. Without in any way limiting the foregoing, if for any reason, by operation of law or otherwise, any portion of the foregoing limitation of liability shall be voided, then in such event affiliate's maximum, sole, and exclusive liability and the liability of Prairie Lightning and the partners shall be limited to general money damages in an amount not to exceed the total amount actually paid to service provider by you for service during and for a period of time commencing upon the occurrence of such error, defect or failure and ceasing upon the discovery of such, in whole or in part; provided, however, that in no event shall such period of time exceed the twelve (12) month period immediately preceding the date which such error, defect or failure is first discovered in whole or in part. 6.3. Service Interruptions. Service may be interrupted from time to time for a variety of reasons. SCTC is not responsible for any interruptions of Service that occur due to acts of God (including weather), power failure or any other cause beyond SCTC's reasonable control. However, because SCTC values our subscribers, for an interruption of a significant length of time that is within SCTC's reasonable control, upon your request SCTC may provide what SCTC reasonably determines to be a fair and equitable adjustment to your account to make up for the Service interruption. THIS WILL BE YOUR SOLE REMEDY AND SCTC'S SOLE DUTY IN SUCH CASES. You acknowledge and agree that the Service is not intended to be, and should not be used as, your primary or "life -line" telecommunications service. 6.4. Resale of Service. Resale is not limited to and includes the subscription to communication services and facilities by one entity and the reoffering of communication services and facilities to the public (with or without "adding value") for profit. It is not intended this product, Prairie Lightning, be resold in any way. If it becomes known individuals are offering or reselling services to public this is reason for termination at any time. New Contract Request Entity Information Entity Name* Entity 113- ❑ New Entity? STONEHAM CO-OPERATIVE ,�00001 867 TELEPHONE CORPORATION Contract Name * contract ID Parent Contract ID STONEHAM CO-OP AGREEMENT-STONEHAM GRADER SHED 4637 INTERNET SERVICES Contract Lead Requires Board Approval Contract Status NWONDER YES CTB REVIEW Contract Lead Email Department Project # nwonder(Pco.weld.co.us Contract Description * INTERNET SERVICES AGREEMENT FOR STONEHAM GRADER SHED (41684 MARBLE AVE, STONEHAM) I OOMBPS, STATIC IP, 24 MONTH TERM Contract Description Z ITCONTACT:ALEKSEICHURYK, CONTACT: AIMEE DOLLERSCHELL, $139.28,,MONTH,- ONETIME $340.00, APRIL 2021 Contract Type Department Requested BOCC Agenda Due Date AGREEMENT INFORMATION Date * 04110,12021 TECHNOLOGY-GIS 04114;2021 Amount* $3,682.72 Department Email Will a work session with BOCC be required?* CM_ NO Renewable I n formationTech nologyGI SLs YES weldgov.com Does Contract require Purchasing Dept. to be included? NO Automatic Renewal Department Head Email NO CM_ Grant InformationTechnologyGIS- DeptHeadL&weldgov.com IGA County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney ErnaJ I CM_ COUN-TYATTORNEY,.ILT,WELDG 0V.00M If this is a renewal enter previous Contract ID If this is part of a WA 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 04,14?2021 Termination Notice Period Contact Information Contact info Contact Name AIMEE DOLLERSCHELL Purchasing Purchasing Approver CONSENT Approval Process Department Head RYAN ROSE DH Approved Date 04/1212021 Final Approval BOCC Approved BMC Signed Date SOCC Agenda Date 04,1912021 Review Date 01,,'OU2023 Committed Del" Date Contact Type Contact Email PRIMARY AIMEEDCSTONEHAMTEL.COM Renewal Date 04r13,12023 Expiration Date Contact Phone I Contact Phone 2 970-735-2251 Purchasing Approved Date 04�1212021 Finance Approver CONSENT Finance Approved Date 04/12i2021 Tyler Ref * AG 041921 Legal Counsel CONSENT Legal Counsel Approved Date 04112,12021 Hello