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HomeMy WebLinkAbout20153702.tiff RESOLUTION RE: APPROVE AMENDMENT TO AGREEMENT FOR CENTURYLINK LOYAL ADVANTAGE AND AUTHORIZE CHAIR TO SIGN - CENTURYLINK 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 an Amendment to Agreement for Centurylink Loyal Advantage 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 Centurylink Communications, LLC, commencing upon full execution of signatures, and ending August 10, 2017, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Amendment to the Agreement for Centurylink Loyal Advantage, 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 Centurylink Communications, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of November, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO ATTEST: dirket) XLtA;eik. rrbbaraKirkmeyer Chair Weld County Clerk to the Board I�0 - if) Mike Freeman, Pro-Tem BY: Deputy Clerk the Board Sean P. Co way APP' .V.DAS O1!" a'' �` •fin, z � ` • .e A. ozad ou to ney Pal ° teve Moreno Date of signature: / ti 2015-3702 • Ll C: L 1234 IT0003 -44 D L3/v MEMORANDUM r " To: Esther Gesick,Clerk to the Board From: Ryan Rose,Chief Information Officer T C.--- Date: November 13,2015 Subject: Amendment to CenturyLink Loyal Advantage Agreement The Amendment to CenturyLink Loyal Advantage Agreement has been reviewed by Weld County legal and we're requesting the Board of County Commissioners to approve and sign the agreement.This agreement is for the redundant SIP trunks for the phone system. We respectfully request the Weld County BOCC approve the agreement. 2015-3702 DocuSign Envelope ID:CF15B506-F01C-4E78-BAF6-6444F402E107 AMENDMENT TO CENTURYLINK®LOYAL ADVANTAGE®AGREEMENT THIS AMENDMENT NUMBER ONE (this "Amendment") by and between CenturyLink Communications, LLC f/k/a Qwest Communications Company, LLC ("CenturyLink") and WELD COUNTY ("Customer'), hereby amends the CenturyLink Loyal Advantage Agreement or Qwest Loyal Advantage Agreement, as applicable, Content ID: 958741, as may have been previously amended (the "Agreement"). For an interim period of time until all work is completed to update the Service Exhibits,Tariffs and other terms and conditions incorporated by attachment or reference into this Amendment, all references to Qwest Communications Company, LLC mean CenturyLink Communications, LLC. Except as set forth in this Amendment, capitalized terms will have the definitions assigned to them in the Agreement. All references to "Qwest Loyal Advantage" or "QLA" are hereby replaced with "CenturyLink Loyal Advantage." CenturyLink and Customer wish to amend the Agreement as follows: 1. Addition of iQ SIP Trunk Services. The following table is added to the Section 1_1 of the existing iQ SIP Trunk Service Exhibit Pricing Attachment. SIP TRUNK-24 MONTH INITIAL TERM Service Location Service Details per Location 3105 35"'Ave.Greeley,CO, 80634 150-SIP Trunk Standard Seats 2. Modifications. To the extent that the following provisions are not already in the Agreement or in a previous amendment,they are added through this Amendment.The Agreement is amended as follows: 2.1 No Resale;Compliance. The"No Resale;Compliance"section is replaced as follows. No Resale;Security. Customer represents that it is not a reseller of any telecommunication services provided under this Agreement as described in the Telecommunications Act of 1996, as amended, or applicable state law and acknowledges it is not entitled to any reseller discounts under any laws. CenturyLink has adopted and implemented, and will maintain, a corporate information security program designed to protect Customer information, materials and data accessed and possessed by CenturyLink from loss, misuse and unauthorized access or disclosure Such program includes formal information security policies and procedures. The CenturyLink information security program is subject to reasonable changes by CenturyLink from time to time. CenturyLink's standard service offerings do not include managed security services such as encryption, intrusion detection,monitoring or managed firewall. Customer is responsible for selecting and using the level of security protection needed for all Customer data stored or transmitted via the Service and using reasonable information security practices, including those relating to the encryption of data. CenturyLink will not be deemed to have accessed, received, or be in the possession of Customer Confidential Information solely by virtue of the fact that Customer transmits, receives, accesses or stores such information through its use of CenturyLink's Services. CENTURYLINK MAKES NO WARRANTIES OR REPRESENTATIONS THAT ANY SERVICE WILL BE FREE FROM LOSS OR LIABILITY ARISING OUT OF HACKING OR SIMILAR MALICIOUS ACTIVITY,OR ANY ACT OR OMISSION OF THE CUSTOMER. 3. Pricing. Any new rates applicable to Customers existing Services will become effective at CenturyLink's earliest opportunity, but in no event later than the second full billing cycle following the Amendment Effective Date CenturyLink reserves the right to modify rates after the conclusion of each Service's minimum service period upon not less than 30 days' prior written notice to Customer; provided that CenturyLink may reduce the foregoing notice period or modify rates or discounts prior to the conclusion of the minimum service period,as necessary, if such modification is based upon Regulatory Activity. CenturyLink also reserves the right to modify rates when the Agreement renews to the rates that are in effect at that time. If Regulatory Activity causes an increase in the rates for Customer's ordered Services that materially and adversely affects Customer, then Customer may terminate the affected Service upon 30 days prior written notice to CenturyLink without liability for Cancellation Charges for the affected Service, provided, however that Customer: (a) provides such notice within 30 days after the increase occurs; and (b) provides CenturyLink 30 days to cure such increase. If Customer does not provide CenturyLink such notice during the time permitted in this Section,Customer will have waived its right to terminate the affected Service under this Section 4. Miscellaneous. This Amendment will be effective as of the date it is executed by CenturyLink after the Customers signature (the"Amendment Effective Date")and will become part of the Agreement. All other terms and conditions in the Agreement shall remain in full force and effect and be binding upon the parties. This Amendment and the Agreement set forth the entire understanding between the parties as to the subject matter herein,and in the event there are any inconsistencies between the two documents,the terms of this Amendment will control. Using CenturyLink's electronic signature process for the Agreement is acceptable. N172813 amends N114895 Page 1 of 2 *CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.111014 DocuSign Envelope ID:CF15B506-F01C-4E78-BAF8-6444F402E1B7 AMENDMENT TO CENTURYLINK®LOYAL ADVANTAGEeAGREEMENT The undersigned parties have read and agree to the terms and conditions set forth in this Amendment CU TOMER:WELD 7147 TY R'MtaNK COMMUNICATIONS,LLC horized Signature tr8ture Barbara Kirkmeyer Cons N. Gartelos Name Typed or Printed Name Typed or Printed Chair. Board of Weld County Commissioners Director of Offer Management Title Title NOV 2 3 2015 11/11/2015 Date Date ATTEST: IdZ4t) i. .J10•‘,A. Weld Co- ty Clerk to the Board , • ,� BY: ' .`.i/..mss tss1 tlitli, 40 Deputy Clerk o thef-yard t I N172813 amends N114895 Page 2 of 2 0 CenturyLink,Inc. All Rights Reserved. CONFIDENTIAL v1.111014 07—D/5 3 70.E Hello