HomeMy WebLinkAbout20141464.tiff RESOLUTION
RE: APPROVE AMENDMENT TO LOYAL ADVANTAGE AGREEMENT 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 the Loyal Advantage
Agreement 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 for
Phone Services, and CenturyLink Communications, LLC, f/k/a Qwest Communications
Company, LLC, with 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 Loyal Advantage Agreement 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 for Phone Services, and
CenturyLink Communications, LLC, f/k/a Qwest Communications Company, 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 12th day of May, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da4_� 4cap }
Dougl¢s Rademach , Chair
Weld County Clerk to the Board
/duct AbLerr--
�► ; bara Kirkmeye , Pro-Te
BY: ► l • `�
De.0 Clerk to the Boar. tart/It y� E CUSED
S an P. Conway
APPROVFO-AS TO FORM: ®ON11-
J I, 7 Mike Fr m n
4f ou Attorney t/
William F. Garcia
Date of signature: 5/P°/14
Cc. cm-lKK, cc.,)
5/al by 2014-1464
IT0002
"y MEMORANDUM
8614 TO: Esther Gesick, Clerk to the Board May 7, 2014
ir FROM: Ryan Rose, Chief Information Officer
- 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,IL!
AMENDMENT TO
CENTURYLINKe LOYAL ADVANTAGEeAGREEMENT
THIS AMENDMENT NO. FIVE (this 'Amendment') by and between CenturyLink Communications, LLC f/Wa ()west
Communications Company, LLC ('CenturyLink")and Weld County("Customer),hereby amends the CenturyLink Loyal Advantage
Agreement or Qwest Loyal Advantage Agreement, as applicable,Content ID: 386961,356003.268535&256316,as may have bean
previously amended(the'Agreement'. For an interim penod 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 Owest Communications
Company, LLC mean CenturyLink Communications. LLC. Except as sat forth in this Amendment, capitalized terms will have the
definitions assigned to them In the Agreement. All references to 'Owest Loyal Advantage or 'QLA' are hereby replaced with
'CenturyLink Loyal Advantage.'
CenturyLink and Customer wish to amend the Agreement as follows:
1. Term. By checking one of the boxes below.Customer indicates that it is increasing the length of its existing Term. Customer
understands and agrees that it may not decrease the length of its existing Term
O No Changes. Customers existing Initial Term will remain in effect
❑ New Initial Term. The parties agree to start a new Initial Term that begins on the Amendment Effective Date.
Customer's new Term is Select Term in Drop-down.
❑ Extension of the Initial Term. The parties agree to extend the existing Initial Term, which will retain the
Agreement's existing Effective Date. Customer's new Term is Select Term In Drop-down.
2. O Addition of Services. Customer is adding a new Service to the Agreement. If this Section 2 is not checked, Customer's
existing Services as set forth in the Agreement will remain in effect. Customer's new Services are added as follows:
The attached contract documents(s)associated with the addition of Services(s)may include, but is not limited to the following:Service
Exhibit(s), Pricing Attachment(s), and Service Attachments, which are added to, and constitute a part of, the Agreement and the
existing Services. The definition of Services in the Agreement will include the Services in the contract documents attached to this
Amendment.
3. Modifications. To the extent that t e 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:
3.1 General.
3.2 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 taw 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, Of be in the possession of Customer Confidential Information solely by virtue of the fact that Customer
transmits, receives, accesses or stores soon information through its use of CenturyUnk'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 ACTOR OMISSION OF THE CUSTOMER.
3.3 Modifications to existing Domestic IQ Networking Service Exhibit: The following table is added to the existing Domestic
iQ Networking Service Exhibit Pricing Attachement.
Tiered Gigabit Ethernet(1000 Mbps) i Install NRC Net Rate MRC
Internet Port Other Access
100 Mbps -simmer- $1,000.00
200 Mbps '—'34,000.0-" $1,600.00
300 Mbps 34.000.00 2,300.00
3.4 Addition to Local Access. The following will be added to the pncing table in Section 2 of the Local Access Pricing
Attachment of the Agreement
N80728 amends O55278 Page 1 of 3 C CenturyLink,Inc All Rights Reserved.
CONFIDENTIAL v1.040314
2014-1464
AMENDMENT TO
CENTURYUNK`LOYAL ADVANTAGEeAGREEMENT
Local
Type of Service Term
NPA/NXX Access Install
Loop Tracking* Service Local In months Circuit Speed
or CLLI Address Net Rata NRC
Access (per Service)
AMC
3105 35th Ave,
-
970304 140422278511 Greeley, CO, NaLtve 36 Fast Ethemet-100 Mops $1,500.00 $0.00
80631
915 10th St,
ELA
970304 140422279715 Greeley,CO, 36 Fast Ethernet-1 GbE $1,500.00 $0.00
Nawe
80631
3105 35th St, ELA
970304 140422287878 Greeley,CO. Native 38 Fast Ethernet-1 GbE $1,600.00 $0.00
80631
915 10th St, ELA-
970304 140422287877 Greeley, CO, Native 36 Fast Ethernet-1 GbE $1,600.00 $0.00
80631
3105 35th SI,
970304 140422287880 Greeley, CO. ElA 36 Fast Ethernet-1 GbE $1,800.00 $0.00
80631 Native
915 10th St, ELA 970304 140422287879 Greeley. CO, Native 36 Fast Ethernet-1 GbE $1,800.00 $0.00
80631
4. Pricing. Any new rates applicable to Customer's existing Services will become effective at CenturyLmk'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 nght 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 pnor 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 riot provide CenturyLink such notice during the time permitted in this Section. Customer will have waved Its
right to terminate the affected Service under this Section
5. Miscellaneous.
5.1 On April 1, 2014, CenturyLink completed an internal reorganization resulting in the merger of multiple CenturyLink owned
companies into Qwest Communications Company. LLC. Simultaneously with the merger. Qwest Communications Company, LLC
changed its name to CenturyLink Communications, LLC The term `CenturyLink QCC' refers to the former "d/b/a CenturyLink ()CC'
company and not tc any other CenturyLink owned companies now a pad of CenturyLink Communications, LLC References in the
Agreement tc 'Qwest Communications Corporation.' -Qwest Communications Company. LLC.' or -QCC' are replaced with
'CenturyLink Communications. LLC'
N80728 amends O55278 Page 2 of 3 ®CenturyLink, Inc All Rights Reserved.
CONFIDENTIAL v1 040314
AMENDMENT TO
CENTURYLINKe LOYAL ADVANTAGEeAGREEMENT
5.2 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 subtect matter herein, and in tho event there are any inconsistencies between the two documents,the terms of this Amendment
will control Using CenturyLinx's electronic signature process for the Agreement is acceptable
The undersigned parties have read and agree to the terms and conditions set forth in this Amendment.
CUSTOME • O COUNTY CENTtJRYLI COMMUNICATIONS, LLC
uthoriQed Scgna re r-CC1 AulFSori{ed Signature
Douglas Rademacher is.c u' ,c, -J c z
Name Typed or Printed Name Typed or Printed
Chair, Board of Weld County Commissioners Director-Offer Management
Title MAY 1 2 2014 Title it t_`t `1
Da:e Date
N80728 amends O55278 Page 3 of 3 CenturyLmk,Inc. Ail Rights Reserved.
CONFIDENTIAL v1 040314
Ryan Rose
From: Horn,Wes <Wes.Horn@CenturyLink.com>
Sent: Monday, May 05, 2014 4:50 PM
To: Ryan Rose; Susan Quick; Aleksei Churyk; 'Ted Thonus'
Subject: RE renewed 36 month agreement for 200 Mb iQ
Ryan.
Yes, it will be .The S4000 will he waived I realize that toe language in the amendment does not clearly state that and I
tried to get that removed but POM has a format they follow It will not be charged though as a matter of our policy and
you car; use this email as reiterating mat we won't charge a tee for an upgraded Internet port with access already
established.
Thanks,
Wes
From: Ryan Rose [maISQ:rroseac.weld,.Q.us]
Sent: Monday, May 05, 2014 4:45 PM
To: Horn, Wes; Susan Quick; Aleksei Churyk; Ted Thonus'
Subject: RE: renewed 36 month agreement for 200 Mb iQ
Wes.
I was under the impression that the $400( NRC was to be waived, is that correct')
Tnanks.
Ryan Rose
Chief Information Officer
Department of Information Technology
Weld County Government
1401 N. 17th Ave Greeley,CO 80631
tel:970-304-6570 x2550
rrose(@co weld cc us
VI*
Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Horn, Wes [nia{ItQ:We5.HQrn ci centuryLink.corn]
Sent: Monday, May 05, 2014 4:39 PM
To: Ryan Rose; Susan Quick; Aleksei Churyk; Ted Thonus
Cc: Horn, Wes
Subject: renewed 36 month agreement for 200 Mb IQ
All,
Attached is the amendment which Ted will order off from for the 200 Mb..The Director of OM has it in his queue to
sign.. I'll be out traveling until late tomorrow but will leave instruction to get this over to Ted..
Thanks,
Wes Horn
720.624.6272
2
Hello