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Home My WebLink About20141436.tiff RESOLUTION RE: APPROVE ACKNOWLEDGMENT FORM FOR LINE VOLUME PLAN AND NON-APPROPRIATIONS ADDENDUM AND AUTHORIZE CHAIR TO SIGN - QWEST CORPORATION, DBA CENTURYLINK, INC. 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 Acknowledgment Form for the Line Volume Plan and Non-Appropriations Addendum 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 Qwest Corporation, dba CenturyLink, Inc., commencing May 21, 2014, and ending May 20, 2017, with further terms and conditions being as stated in said acknowledgment form and addendum, and WHEREAS, after review, the Board deems it advisable to approve said acknowledgment form and addendum, a 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 Acknowledgment Form for the Line Volume Plan and Non-Appropriations Addendum 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 Qwest Corporation, dba CenturyLink, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said acknowledgment form and addendum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of May, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO � ATTEST: daciyvtiC�( jdo;ve �a� C i G< <i ougl Rademacher Chair Weld County Clerk to the Board E L,® rbara Kirkmeyer Pro-Tem BY. D-. ty Clerk to the Bo-�� I' ('..:' •�. USED n P. Conway APP_ROy�D A FORM: s® istri UNIC ike Freeman ou y Attorney l el2 William F. Garcia Date of signature: 61P0/11 Cc,:a+-('RR,CA) 5/2-1 I H 2014-1436 IT0002 MEMORANDUM TO: Esther Gesick, Clerk to the Board May 8`h, 2014 r' FROM: Ryan Rose, Chief Information Officer C o U---rYl SUBJECT: CenturyLink Line Volume Plan CenturyLink provides discounted rates for business lines based on purchase of at least 10 access lines. We currently have 16 lines. Our current agreement expires June 2014 and the price is the same in this new agreement. Monthly cost per line with the agreement is $23.99. Monthly cost per line without the agreement is $45.24. It is recommended that the BOCC approve the 3 year agreement. 2014-1436 MEMORANDUM TO: Esther Gesick, Clerk to the Board May 7, 2014 ✓� �. FROM: Ryan Rose, Chief Information Officer C N_T-2 SUBJECT: CenturyLink - Internet Service Amendment CenturyLink currently provides Weld County internet services. As Weld County IT has been reviewing IT contracts and associated pricing it was determined that there is a tremendous cost and capacity advantage to amending our existing agreement. The amended agreement increases our internet service capacity from the current 70Mbps to 200Mbps at an annual cost reduction of approximately $12,000.00 The BOCC approved this change in our work session from 5/5/14. 5 /12/k CENTURYLINKe LINE VOLUME PLAN ACKNOWLEDGMENT FORM("Acknowledgment") 1. Scope; Definitions. Weld County ("Customer") hereby acknowledges they are ordering the Line Volume Plan ("CLVP') provided by Qwest Corporation d/b/a CenturyLink QC ("CenturyLink"). CLVP provides discounted rates on Discount Eligible Services based on Customer's purchase of 10 to 3,000 Contributory Access Lines, as more fully described herein. CenturyLink provides CLVP in accordance with the applicable CenturyLink tariff,price list, price schedule,administrative guideline, catalog,or other rate and term schedules ("Tariff"), which is incorporated into this Acknowledgment by reference and made a part of this Acknowledgment. The Contributory Access Lines and Discount Eligible Services (collectively the "Service") described herein are provided in accordance with, and govemed by the Tariff applicable to the Service. CenturyLink reserves the right to amend, change, withdraw, or file additional Tariffs in its sole discretion,with such updated Tariffs effective upon posting or fulfillment of any necessary regulatory requirements. This offer may not be provided in conjunction with any other local voice volume discount plan. "the 14 States"are Arizona,Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico,North Dakota, Oregon, South Dakota, Utah,Washington and Wyoming. "Contributory Access Lines"means the aggregate number of Customers existing and new local business exchange access lines as set forth on Exhibit 2,that will be considered for purposes of determining the applicable Line Tier as set forth in Exhibit 1,both of which are incorporated by this reference and made part of this Acknowledgment. Contributory Access Lines are Flat Business Lines with or without CenturyLink Packages, Centrex 21 and Utility Line in CenturyLink's local service areas in the 14 States. The Contributory Access Lines will be aggregated across the 14 States,and will be determined conclusively by CenturyLink records. "Discount Effective Date"means the effective bill date of the first service order to add CLVP to Customers account. "Discount Eligible Services" are Flat Business Lines, Hunting associated with Flat Business Lines, CenturyLink Choice" Business (USOC PGOQL only), Business Plus(USOC PGOQM only), Business Add-A-Line, and Business Prime in CenturyLink's local serving area in the 14 States. "CenturyLink Packages" are CenturyLink Choice"" Business(USOC PGOQL and PGOBA), Business Plus (USOC PGOQM, PGOQX and PGOQY), Business Add-A-Line,Business Prime,Two-Line Business, Business Line Plus and CustomChoice®for Business. "Rates'means the net rates that will be derived by applying discounts to the Tariff month-to-month rates for Discount Eligible Services which will appear as a credit on each monthly bill. 2. Term. This Acknowledgment will expire three years from the Discount Effective Date ("Term). If CenturyLink continues to provide Service after the Term without a further agreement, the CLVP Rates will be discontinued and Service will continue at the then applicable month-to-month rate and terms and conditions of the Tariff. 3. Contributory Access Lines, Line Tier and Rates. Based on 16 Contributory Access Lines, Customer will pay the Rates for Services listed on Exhibit 1 hereto for the 10-49 line tier("Line Tier') on each monthly bill for all Discount Eligible Services purchased during the Term. The Rates will (a) not change during the Term of this Acknowledgment; (b) commence on the Discount Effective Date; (c)not be applied to more than 3000 Discount Eligible Service lines; and (d)terminate upon expiration of the Term, and Service will continue at the applicable month-to-month rate and terms of the Tariff. 4. Changes. Customer may move or add Service ("Change') if CenturyLink commercially offers such Change, and Customer agrees to pay all applicable charges related to such Change. Such Change will be subject to the terms and conditions of the Tariff. Rates for added Service will(a)commence on the effective bill date of the service order to add CLVP to the additional Service; (b) not be retroactive to the Discount Effective Date;and(c)terminate upon expiration of the Term. Additions to the Contributory Access Lines will not change the Rates under this Acknowledgment. The Contributory Access Lines and any Change, will be determined conclusively by CenturyLink records. 5. Minimum Line Requirement, Annual Audit, Shortfall Charge. Based on the Line Tier, Customer must maintain 10 Contributory Access Lines ("Minimum Line Requirement") during the Term of this Acknowledgment. At the end of each twelve month period following the Discount Effective Date("Annual Period"), CenturyLink will conduct an audit to determine the number of Customer's operational Contributory Access Lines ("Line Count"). If after each Annual Period Customer's Line Count fails to meet or exceed the Minimum Line Requirement,Customer will promptly pay to CenturyLink a shortfall charge equal to the difference between the Minimum Line Requirement and the Line Count multiplied by$60 ("Shortfall Charge"). If Customer is charged a Shortfall Charge, CenturyLink may subsequently conduct quarterly audits and apply Shortfall Charges until Customer meets the Minimum Line Requirement. In no event will the number of actual Contributory Access Lines in excess of Customer's Minimum Line Requirement in a particular Annual Period be "rolled back" or "carried over" for purposes of achieving Customer's Minimum Line Requirement in a prior or subsequent Annual Period. 6. Termination. Customer understands that, if prior to the conclusion of the Term, Customer terminates this Acknowledgment or Service in its entirety then Customer will be liable for a termination charge equal to the Minimum Line Requirement multiplied by$15, multiplied by the number of months remaining in the Term ("Termination Charge"). If a Termination Charge applies, such charge will be waived if at the same time this Acknowledgment is terminated, Customer enters into a new agreement for any other CenturyLink provided service and the total value of the new service agreement, excluding any nonrecurring and special construction charges, equals or exceeds the Termination Charge,which will be considered the remaining value of this Acknowledgment. The waiver does not apply to changes between regulated and unregulated or enhanced products and services. Page 1 of 6 ©CenturyLink, Inc.All Rights Reserved. CONFIDENTIAL v1.090412 CENTURYLINK°LINE VOLUME PLAN ACKNOWLEDGMENT FORM("Acknowledgment") 7. Governing Law;Dispute Resolution. 7.1 Governing Law; Forum. Colorado state law, without regard to choice-of-law principles, governs all matters relating to this Acknowledgment, except with regard to matters which are within the exclusive jurisdiction of the state or federal regulatory agency. Any legal proceeding relating to this Acknowledgment will be brought in a U. S. District Court, or absent federal jurisdiction, in a state court of competent jurisdiction, in Denver, Colorado. This provision is not intended to deprive a small claims court or state agency of lawful jurisdiction that would otherwise exist over a claim or controversy between the parties. 7.2 Waiver of Jury Trial and Class Action. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its tight to a jury trial and any right to pursue any claim or action relating to this Acknowledgment on a class or consolidated basis or in a representative capacity. If for any reason the jury trial waiver is held to be unenforceable, the parties agree to binding arbitration for any dispute relating to this Acknowledgment under the Federal Arbitration Act,9 U.S.C. § 1, et. seq. The arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules. Judgment upon the arbitration award may be entered in any court having jurisdiction. 8. ARRA. Customer will not pay for Service with funds obtained through the American Recovery and Reinvestment Act or other similar stimulus grants or loans that would obligate CenturyLink to provide certain information or perform certain functions unless each of those obligations are explicitly identified and agreed to by the parties in this Acknowledgment or in an amendment to this Acknowledgment. 9. HIPAA. CenturyLink does not require or intend to access Customer data in its performance hereunder, including but not limited to any confidential health related information of Customers clients, which may include group health plans, that constitutes Protected Health Information ("PHI"), as defined in 45 C.F.R. §160.103 under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA Rules"). Any exposure to PHI will be random, infrequent and incidental to CenturyLink's provision of Service and is not meant for the purpose of accessing, managing the PHI or creating or manipulating the PHI. Such exposure is allowable under 45 CFR 164.502(a)(1 Xiii). As such, if Customer is a Covered Entity or Health Care Provider under the HIPAA Rules or supports the health care industry, CenturyLink and Customer agree that CenturyLink is not a "Business Associate"or"Covered Entity" under the HIPAA Rules for the purposes of this Acknowledgment. 10. Confidentiality. Neither party will, without the prior written consent of the other party: (a) disclose any of the terms of this Acknowledgment; or (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, this Acknowledgment)the Confidential Information of the other party. "Confidential Information"means any information that is not generally available to the public,whether of a technical,business,or other nature,and that:(i)the receiving party knows or has reason to know is confidential, proprietary, or trade secret information of the disclosing party; or(ii) is of such a nature that the receiving party should reasonably understand that the disclosing party desires to protect the information from disclosure. Confidential Information will not include information that is in the public domain through no breach of this Acknowledgment by the receiving party or is already known or is independently developed by the receiving party. Each patty will use reasonable efforts to protect the others Confidential Information, and will use at least the same efforts to protect such Confidential Information as the party would use to protect its own. CenturyLink's consent may only be given by its Legal Department. A party may disclose Confidential Information if required to do so by a governmental agency, by operation of law, or if necessary in any proceeding to establish rights or obligations under this Acknowledgment. 11. Use of Name and Marks. Neither party will use the name or marks of the other party or any of its Affiliates for any purpose without the other party's prior written consent. CenturyLink's consent may only be given by its Legal Department. "Affiliate"means any entity controlled by,controlling,or under common control with a party. 12. General. Customer may not assign this Acknowledgment or any of its rights or obligations hereunder without the prior written consent of CenturyLink,which will not be unreasonably withheld. Customer may not assign to a reseller or telecommunications carrier under any circumstances. If a conflict exists among provisions within this Acknowledgment,the following order of precedence will apply in descending order of control: Tariff,this Acknowledgment,and CenturyLink records. Page 2 of 6 ©CenturyLink, Inc.All Rights Reserved. CONFIDENTIAL v1.090412 CENTURYLINKe LINE VOLUME PLAN ACKNOWLEDGMENT FORM("Acknowledgment") This Acknowledgment constitutes the entire understanding between the parties and supersedes all prior oral or written agreements or understandings relating to this subject matter. Using CenturyLink's electronic signature process for this Acknowledgment is acceptable. Weld Coun Qwest Corporation d/b/a CenturyLink QC w cisz-c — i S te,il Authori ed Signatur Authorized Si n re Douglas Rademacher /fl't,ri/GY SPracicc Name Typed or Printed Name Typed or Printed Chair, Board of Weld County Commissioners Sg Ps M 6 e_ Title Title /, , MAY 122014 ' � 4 Date Date Address for Notices: Address for Notices: 1401 N 17 Ave 1801 Califomia Street, Suite 900 Greeley,CO 80631 Denver, Colorado 80202 Attn.: Legal Department • • Page 3 of 6 ©CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.090412 aoiy- /vi‘ CENTURYLINKe LINE VOLUME PLAN ACKNOWLEDGMENT FORM("Acknowledgment") EXHIBIT 1 MONTHLY RATES FOR DISCOUNT ELIGIBLE SERVICES Customer: Weld County Contributory Access Lines= 16 Line Tier= 10-49 Minimum Line Requirement= 10 1.1 Discount Eligible Services and(USOCs) "l FB"=Flat Business Lines(1 FB, 1 FL, 1 FA,AFK,AFV, HFB) Hunting on 1FBs will be discounted 95%in Wyoming and provided at no additional charge in the remaining 14 States. "CCB'=CenturyLink Choice""Business(PGOQL only) "CCB Plus'=CenturyLink ChoicelM Business Plus(PGOQM only) "CCB AAL"=CenturyLink ChoicetM Business Add-A-Line(PGOQN) "CCB Prime'=CenturyLink ChoiceTM Business Prime(PGOOT) (a) Monthly Rates 1 FB CCB CCB Plus CCB AAL CCB Prime Arizona --------- ------- ------ Colorado $23.99 3 yr 10-49 $26.99 3 yr 10-49 $27.99 3 yr 10-49 $24.99 3 yr 10-49 $25.99 3 yr 10-49 Idaho -------- ------- --------- Iowa -- ---- ----- -- ----- Minnesota --- ------- --------- ------ Montana ------ ----------- -------Nebraska --------New Mexico -------- North Dakota ----- ----- ---- — ---- Oregon — --------- ------ South Dakota ----------- --------- ---------- -------- Utah -------- ----- --- ---------- ---------- Washington ---- ---- ------- ---- ---- Wyoming ----- ---- ---- ---- ----- Page 4 of 6 ©CenturyLink, Inc.All Rights Reserved. CONFIDENTIAL v1.090412 CENTURYLINKe LINE VOLUME PLAN ACKNOWLEDGMENT FORM ("Acknowledgment") EXHIBIT 2 Customer: Weld County Contributory Access Lines and(USOCs) Discount Eligible Not Discount Eligible **Flat Business Lines(1 FB, 1FL, 1FA,AFK,AFV, HFB) Flat Business Lines(AF4,BHS,7FB) Utility Line(AWL) Centrex 21 (RXB,EPB,R4X,XRW,XRS, RSX, R4V, R6X) ** Flat Business Lines with the following CenturyLink Choicer''''packages will only receive the package discount as shown on Exhibit 1. CenturyLink Choicer°Business(PGOQL only) CenturyLink Choicer°Business Plus(PGOQM only) CenturyLink Choicer°Business Add-A-Line(PGOQN) CenturyLink ChoiceTM Business Prime(PGOQT) NOTE:CenturyLink Choice package USOCs should not be included in the Contributory Access Line count. TOTAL Contributory Access Lines: 16 Customer certifies that the Contributory Access Lines (a) exist under the Billing Telephone Numbers ("BTN")shown below; or(b)will be installed at the Service Address(es) shown below. Existing Account# Buiidin• Address All Lines Service 303-857-2465-639 Sheriff Multiple 303-857-2465 1 FB (7 Lines) 303-857-2725 303-857-3027 303-857-3028 303-857-3037 303-857-4052 303-857-4635 5500 Highway 52, 303-833-4337-315 Hazardous Waste Dacono 303-833-4337 1FB (2 Lines) 303-833-4345 303-857-7870-559 7625 Weld County Rd 31 303-857-7870 1 F B (1 Line) igMrj 46 r �r�tns�ac ' L s tiF - -- - •f t$.!':-_s...t�Ci�s.Ldd u: 95..2-.. _:irfi�. 5d t- ,d:.w. 970-336-0092-270 1950 O Street 303-336-0092 i 1 FB (I line) . _ I Page 5 of 6 O CenturyLink, Inc.All Rights Reserved. CONFIDENTIAL v1.090412 CENTURYLINK®LINE VOLUME PLAN ACKNOWLEDGMENT FORM("Acknowledgment") 970-353-4503-059 915 10th Street, Greeley 970-353-4503 I FB 1 Line 970-356-3678-697 2110 O Street, Greeley 970-356-3678 1FB 1 Line 970-587-4508-380 100 S. 2nd St, Johnstown 970-587-45008 1 FB 1 Line *convert to Choice Prime PGOQT so that USPIX is a free offerin . 16504 Beebe Draw Pkwy, 970-785-2753.731 Platteville 970-785-2753 1FB 1 Line 303-833-6578-354 5500 Hwy 52, Dacono 303-833-6578 1FB 1 Line 16 Lines Page 6 of 6 ©CenturyLink, Inc.All Rights Reserved. CONFIDENTIAL v1.090412 Content ID of Underlying Agreement: ____ NON-APPROPRIATIONS ADDENDUM This is an addendum ("Addendum") to the CenturyLink agreement between Weld County ("Customer') and Qwest Corporation d/b/a CenturyLink QC("CenturyLink")for CenturyLink Line Volumen Analog Plan(CLVP)("Underlying Agreement"). 1. The purpose of this Addendum is to supplement the Underlying Agreement as follows: Customer is a local, state,or federal governmental entity that relies on legislative budget approval to fund the Service in the Underlying Agreement. Customer intends to continue the Underlying Agreement for its entire term and to satisfy its obligations there under. For each succeeding fiscal period: (a) Customer agrees to include in its budget request appropriations sufficient to cover Customers obligations under the Underlying Agreement; (b) Customer agrees to use all reasonable and lawful means to secure these appropriations; (c)Customer agrees it will not use non-appropriations as a means of terminating the Underlying Agreement in order to acquire functionally equivalent products or services from a third party. Customer reasonably believes that sufficient funds will lawfully be appropriated to satisfy its obligations. If Customer is appropriated insufficient funds, by appropriation, appropriation limitation or grant, to continue payments under the Underlying Agreement and has no other funding source lawfully available to it for such purpose Customer may terminate the Underlying Agreement by giving CenturyLink not less than 30 days prior written notice. Upon termination Customer will remit all amounts due and all costs reasonably incurred by CenturyLink through the date of termination and, to the extent of lawfully available funds,through the end of the then current fiscal period. 2. Except as modified herein,terms and conditions of the Underlying Agreement will remain in full force and effect. The parties hereby execute and authorize this Addendum as of the latest date shown below: Electronic signatures on this Addendum will be accepted only in the form and manner prescribed by CenturyLink. Customer:Weld County Qwest Corporation d/b/a CenturyLink QC CoS " iSd2 V�4 `fIi t2 7 Authori ed Signatur Authorized Sign e�/ r� /� Douglas Rademacher N /�AA)C/ S! � K Name Typed or Printed Name Typed or Printed /� , n Chair, Board of Weld County Commissioners S /V E P�S GR. Title Title MAY 122014 14 -GI - 1L/ Date Date O CenturyLink. Inc. All Rights Reserved. Page 1 v1.080811 O2O V- /1496 Hello