The URL can be used to link to this page

Browse Search

Home My WebLink About20153988.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CENTURYLINK TOTAL ADVANTAGE EXPRESS AND AUTHORIZE CHAIR TO SIGN -CENTURYLINK SALES SOLUTIONS, INC of Weld Coun ty, Colorado, pursuant to WHEREAS, the Board of County Commissionersy, 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 Agreement for Centurylink Total Advantage Express 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 Sales Solutions, Inc., commencing December 21, 2015 and ending December 21, 2017, and, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Centurylink Total Advantage Express 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 Sales Solutions, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of December, A.D., 2015. BOARD OF COUNTY COMMISSIONERS ��,,��,, W D COUNTY, COLORADO ATTEST: diteadA) •� L:4 ,/!LID , iiIG,t arbara Kirkm er, Chair Weld County Clerk to the Board _ _ ,� `;; - Freeman, Pro-Tern B‘ Age' ./k ut Clerk to the Boar ism p Y C- .P. Conway APP AS TOFe•`"� �. /� �. ,� ulie A. Cozad my A •r ney ---f- ---,,-z.--rniv.-1--e----‘-r>" Steve Moreno Date of signature: i/1 e;, �' 1 1/2-� 2015-3988 IT0003 efiteLkroket \ 32S MEMORANDUM To: Esther Gesick,Clerk to the Board IA 41 •, I r p From: Ryan Rose,Chief Information Officer 9?-• Date: December 10,2015 Subject: CenturyLink Total Advantage Agreement The CenturyLink Total Advantage Agreement has been reviewed by Weld County legal and we are requesting the Board of County Commissioners approve and sign the agreement. This agreement is for the T1 that will be used for faxes and alarms with the new phone system. We respectfully request the Weld County BOCC approve the agreement with CenturyLink. 2015-3988 U00D3 CENTURYLINK®TOTAL ADVANTAGE®EXPRESS-AGREEMENT-Summary Page This CenturyLink®Total Advantage TM Express Agreement("Agreement')is between CenturyLink Sales Solutions,Inc.as contracting agent on behalf of the applicable CenturyLink company providing the Services under this Agreement ("CenturyLink") and WELD COUNTY-CO("Customer"or"You").The name of the CenturyLink operating company providing Services to Customer is listed in the service-specific terms and conditions.CenturyLink may withdraw this offer if Customer does not execute and deliver the Agreement to CenturyLink on or before January 22,2016.Using CenturyLink's electronic signature process for the Agreement is acceptable. 1. Services.CenturyLink provides Services under the General Terms and Conditions applicable to at Services found in the Detailed Terms and Conditions("DT&C")at:htto:/hvww.centurvilnk.com/legaUimgctaetD7riv66.odf df and the service-specific terms and conditions listed in each pricing section incorporated into the Agreement by this reference. Provisions that are applicable to a specific CenturyLink company are so indicated.All general provisions are applicable to services provided by the CenturyLink company providing the Services under this Agreement. For an interim period of time until at work is completed to update the Service-specific provisions,various on-line offer provisions,Tariffs and other terms and conditions incorporated by attachment or reference into this Agreement,all references to Qwest Communications Company,LLC mean CenturyLink Communications,LLC f/k/a Qwest Communications Company,LLC. Term Commitment(or"Term") 24 months The following Services are incorporated into the Agreement: ISDN PRS,DSS The following additional terms and conditions apply to ISDN PRS,DSS Service,and are incorporated herein by reference: the General Terms Applicable to All Services and ISDN PRS,DSS sections in the DT&C. See Exhibit 1 for tSDN PRS pricing Details Domestic Interstate Voice See the EZ Rate Price Plan Attachment for Domestic Voice pricing details The following additional terms and conditions apply to Domestic Voice Service,and are incorporated herein by reference: the General Terms Applicable to All Services,Domestic and International Voice,and Local Access sections in the DT&C. 000004. Local Access The following additional terms and conditions apply to Local Access Service, and are incorporated herein by reference: the General Terms Applicable to All Services and Local Access sections in the DT&C. 2.Rates 2.1 Rate Changes.Rates apply only for the above Services and Service Address(es)and will not apply if Customer moves a Service Address or changes any of the Blonde or Service Details. The rates for Local Access Service and CPE Purchase may be subject to valid quote forms,which control if t heyconflict with the rates listed on this Summary Page,all of which are subject to change. 2.2 Additional Charges.Additional charges may apply. Rates and charges for Service elements not identified appear in the applicable terms and conditions.Rates do not include foreign,federal,state or local taxes,surcharges,fees, EAS, Zone,CALC, or other similar charges. 3.Term and Termination. 3.1 Term This Agreement is elective on the date all parties have signed below("Effective Date")and continues until expiration of al I Orders pieced under this Agreement.Service Terms begin on their Start of Service Date and automatically renew unless terminated by either party.The Start of Service Date,renewal periods and renewal period rates are described in the DT&C, Bundle or Packag e Provisions,Service Provisions,or in an applicable Tariff,RSS or ISS. 3.2 Termination. If Customer gives notice of cancellation or termination,disconnects any portion of a Service or otherwise breaches this Agreement resulting in the termination of a Service before the end of the applicable Service Term,Cancellation Charges will apply as set forth in the applicable terms and conditions. 4. Amendments. At CenturyLink's sole discretion, the parties may amend the Agreement to add additional CenturyLink services. Except as otherwise expressly permitted in the Agreement, amendments must be in writing and signed by both parties' authorized representatives. Opportunity ID#:53024770 PRIZone Page 1 of 3 ©CenturyLink,inc.All Rights Reserved, Contract Code:490002 CONFIDENTIAL CGT R.v66.111815 020/.5- ,39rY CENTURYLINK°TOTAL ADVANTAGE.EXPRESS-AGREEMENT-Summary Page CUSTOMER: WELD COUNTY-CO CENTURYLINK SALES SOLUTIONS,INC. thoriaed Signaturec--11€2."1", ��r"-- DEC 21 2015 Authors d Signature M 11,, cc Barbara Kirkmeyer G -►S� � P�)L Name Typed or Printed Name Typed or Printed l Chair, Board of Weld County Commissioners '3& P5 /vl G12 (Z/a/(Cj Title Date Title Date //// Customer's Address for Notices:1401 N 17th Ave, Attn: General Counsel,GREELEY,CO 80631; Customer's Facsimile Number.(970)304-6572 Opportunity ID#:53024770 PRIZone Page 2 of 3 ®Centurytink,inc.All Rights Reserved. Contract Code:490002 CONFIDENTIAL CGT R.1,66.111815 f � o2.d/ 39fl { CENTURYLINK®TOTAL ADVANTAGE®EXPRESS-AGREEMENT-Summary Page TERMS AND CONDITIONS APPLICABLE TO ALL SERVICES 1.Additional Terms and Conditions.Customer understands that the DT&C and other provisions identified in this Agreement("Other Provisions")contain additional important terms and conditions that apply to the Services,including,among other thin gs,confidentiality obligations,disclaimer of warranties,indemnification,shortfall charges,minimum-service terms, early termination charges,and jury-trial and class-action waiver. 2.Payment.Cusbmer must pay all charges within 30 days of the invoice date except for CenturyLink QC charges,which Cusbmer must pay by the due date on tie Invoice.Charges not paid by their due date are subject to late payment charge of the lesser of 1.5%per month or the maximum rate allowed by law or required by Tariff. In addition to payment of charges for Services, Customer must also pay CenturyLink any applicable Taxes(which is defined in the DT&C and may include surcharges,fees,and other similar charges)assessed in connection with Services.Customer's payments to CenturyLink must be in the form of electronic funds transfer (via wire transfer or ACH),cash payments(via previously-approved CenturyLink processes only),or paper check. 3. Credit Approval. Provision of Services is subject to CenturyLink's credit approval of Customer. As part of the credit approval process,CenturyLink may require Customer to provide a deposit or other security. Additionaty during the Term,if Customer's tnanaal circumstance or payment history becomes reasonably unacceptable to CenturyLink, CenturyLink may require adequate assurance of future payment as a condition of continuing CenturyLink's provision of Services. Customer's failure to provide adequate assurances required by CenturyLink is a material breath of the Agreement. CenturyLink may provide Customer's payment history or other billing/charge information to credit reporting agencies or industry clearinghouses. 4. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, ALL SERVICES AND PRODUCTS ARE PROVIDED"AS IS."CENTURYLINK DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES,INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 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. 5.Limitations of Liability.The remedies and limitations of liability for any claims arising between the parties are set forth below. (a)Consequential Damages. NEITHER PARTY OR ITS AFFILIATES, AGENTS, OR CONTRACTORS IS LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS, LOST REVENUES,LOST DATA,LOST BUSINESS OPPORTUNITY.OR COSTS OF COVER.THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF FORESEEABILITY. (b)Claims Related to Services. For Customer's claims related to Service deficiencies or interruptions,Customer's exclusive remedies are limited to:(a)those remedies set forth in the SLA for the affected Service or(b)the total MRCs or usage charges paid by Customer for the affected Service in the one month immediately preceding the event giving rise to the claim if an SLA does not apply. (c)Personal Injury;Death;Property Damages. For claims arising out of personal injury or death to a party's employee,or damage to a party's real or personal property, that are caused by the other party's negligence or wilful misconduct in the performance of the Agreement,each party's liability is limited to proven direct damages. (d)Other Direct Damages. For all other claims arising out of the Agreement, each party's maximum liabiity will not exceed in the aggregate the total MRCs and usage charges paid by Customer to Centurytink under the Agreement in the three months immediately preceding the event giving rise to the claim ("Damage Cap").The Damage Cap will not apply to a party's indemnification obligations or Customer's payment obligations under the Agreement. 6.Entire Agreement.This Agreement,including DT&C,Other Provisions,and any CenturyLink-accepted Order Forms constitute the entire agreement between the parties.This Agreement supersedes all prior oral or written agreements or understandings relating to the same service,ports,or dreuits at the same locations as covered under this Agreement. Capitalized terms are defined in the DT&C and Other Provisions. 7.Purchase Orders.This Agreement controls over any Customer-issued purchase order,and any terms or conditions contained in a Customer-issued purchase order or other Customer ordering document will have no force or effect. 8. Uniform Resource Locators (URLS). References to URLs in this Agreement include any successor URLs designated by CenturyLink. Opportunity ID#:53024770 PRIZone Page 3 of 3 ®CenturyLink,inc.All Rights Reserved. Contract Code:490002 CONFIDENTIAL CGT R.v66.111815 CENTURYLINK TOTAL ADVANTAGE TM EXPRESS AGREEMENT Exhibit 1 ISDN PRS ICB PRICING OFFER FOR THE STATE OF CO WELD COUNTY Customer This ISDN PRS is provided by Qwcst Corporation cl/h/a CenturyLink QC("CenturyLink QC")and is subject to the CenturyLink Total Advantages"Express Agreement between Customer and CenturyLink, Filing Concurrence CenturyLink may he required to submit the pricing herein to certain regulatory agencies for approval because the rates are being offered on an individual case basis("ICB Rates").Although the general terms and conditions of this Agreement are effective on the Effective Date,the ICB Rates will not become effective fora given jurisdiction until the tiling and approval requirements for that jurisdiction are fulfilled.Service will be offered in accordance with the applicable Tariff until the ICB Rates become effective. Approved ICB Rates will take precedence over the Tariff.If Customer receives reduced pricing under this Agreement and a regulatory agency later invalidates the ICB Rates after they had become effective,Customer will pay to CenturyLink any difference in the amounts listed in the applicable Tariff for Service and the amounts Customer was charged for Service.When approved by the regulatory agencies,Customer may add additional quantities of Service pursuant to the Service Changes Section under the same terms and conditions with no further filing required.If a regulatory agency does not approve this Agreement,the parties will enter into good faith negotiations to mutually resolve the failure to receive the necessary approval.This Agreement will remain in full force and effect for Service in all other jurisdictions. AQCB#(internal use only): Service Location City and s Including Cirtatecuit IDIBTN USOC Term NRC Qty. Total MRC Per Location 915 10TH ST,GREELEY,CO 80831,USA ZPGU2 24mo $0.00 1 $425 1 of 1 @CenturyL(nk Inc,All Rights Reserved CONFIDENTIAL opportunity ID#53024770 ATTEST: W406(44) W. ;e4, BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY,COLORADO BY: ,D-puty Clerk to y�'+ :`?r} • La arbara Kirkmeyer Chair EC 2 1 2015 144,O 010/5. '917 Hello