08-19-2004 QWEST RENEWAL OF POINT-TO-POINT T-1 CIRCUITMemo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Direct
Date: August 19, 2004
Re: Renewal of Point-to-Point T-1 Circuit
Summary:
The Town's point-to-point T-1 Circuit contract with Quest has expired. The point-to-point T-
1 circuit provides the phone/data link between Town Hall and Swift Gulch. The new contract
provides for a monthly rate of $211.60 for a term of 60 months. This cost is essentially the
same from the prior contact.
Town Manager Comments:
Attachments:
Interstate Private line Transport Services Pricing Plan Acknowledgement
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CAIs i
Agreement Number
QWEST CORPOAATiON 001 q0 S/
INTERSTATE PRIVATE LINE TRANSPORT SERVICES PRICING PLAN ACKNOWLEDGMENT
Avon Town Government
Customers Legal Name ("Customer)
Customer hereby orders from Owest corporation ("Q-West") the Qwe5t Interstate Access Service ("Service") indicated below
Customer understands aid agrees that Ovvest Provides Service solely under the Regulations, gates, and charges of Interstate Access
Tariff F C C No 1 ("Tariff' which governs Service. Ih the event of a conflict between this Acknowledgment, Owest Records and/or the
Tariff the Tariff prevails.
SERVICE REQUESTED
Choose one Service per form
ANALOG/DATA SERVICES
VIDEO DATA SERVICES
HIGH CAPACITY SERVICES
Analog Private Line Service
0 Broadcast Video Service
U DS Level OS1 11 544 Mbos
L~ Analog Voice Grade (Select Plan)
0 Broadcast Digital Transport
0 SST/ (select OC-N)
SVDS I (Select Speed)
M HDTV-NET SOI
0 SHNS/ (Select Or-.N)
❑ D atal Data / Select Speed)
Provide Service between 400 Benchmark std. Avon. CO and 500 Swift Gulch Rd. Avoh. CO
(Owest will provide and maintain the Service at the locations and quantities as requested by Customer and evidenced by Qwest
records, hereby incorporated by reference)
(Filling No_ 1<970.9d9.3497.408M Cii-Wit No 24 HCGL214687
Optional Features:
Comments:
Q If checked, additional Service information is attached to this Acknowledgment, however, attachments will not add to or change, the
re Ulation6. rates. terms andlor chi es of the tan#.
PATE PLAN -
The following Monthly and Nonrecurring Rates ("Rates-) for Service reflect the Rates currently in eflPecl in the Tariff Customer
understands the actual Rates will be what is in effect in the Tariff on the first date of installation of Service, or for existing Service- the
date the service order is completed by Qwest- Customer shall also pay Owest all applicable taxes, usual and customary surcharges.
and all government imposed fees and charges that relafe to the Service or installation rendered hereunder, excluding the Private Line
Surcharge, if Customer qualifies, and if that box is aoproprialety checked on this Acknowledgment.
Total Monthly Rate: $211.60 as of signature date Total Nonrecurring Rate: SN/A as of N/A
Customer has selected Tariffs Pricing Plan ("Flan") which protects the Rate from Qwest initiated Race increases for sixty (60) months
('Pram Terre-)
Qwest shall notify Customer of the date Service ordered is available to Customer under this Agreement In the event Customer is
unable or unwilling to accept service at such time, the subject Service will be held available for Customer for a period not to exceed
thirty (30) business days from such date (-Grace period`). If after this Grace Period, CuStomer still has not accepted service Qwest
may, after consultation with Customer either (i) commence with regular monthly billing for the subject Service; or (ii) terminate the
subject Service and invoice Customer for any applicable cancellation charges pursuant to the Tariff which shall include the full non-
mcurring installatioh charges that would have otherwise applied Customer understands that it Customer disconnects Service. in
whole or in part, after Service is installed, but prior to the completion of the Plan Term, Tariffs termination liability charges may apply
If ferminafion is prior to installation of Sehrice, terhilhariori Ia:jbilily Charges shall be those reasonable costs incurred by Owest through
the date of termination Such charges may include, but are not limited to all engineering. plashing, prebaration. matenals. supplies,
placement, facilities. acquisition. transportation, installation, construction, and labor costs and charges incurred by Owest, or as
specified in the Tariff Furthermore. Customer understands that the Nonrecurring Pale cannot be rate stabilized and as such any
additions or changes to Service will incur the then-current Tariff Nonrecurring Rate.
Customer has chosen a plan based on a specific term commitment and as such understands the rates provided herein are based
upon Customer completing an entire Plah Term for the subject Service: therefore, ANY AOOITtONS TO SERVICE SHALL REQUIRE A
NEW ACKNOWLEDGEMENT PORM DESIGNATING THE APPLICABLE PLAN TERM.
This is a retail end user Acknowledgment. It may be assigned only with the consent of Qwest- Customer may not assign to a reseller
or a telecommlthic0tlohs carrier under any circumstances- Any d15DUte arising out of, or relating to. this Agreement shall be settled by
arbitration to be conducted In accordance with the Judicial Arbitratiph and Mediation Services ("JAMS-) Comprehensive Arbitration
Mules. The Federal Arbitratioh Act, 9 U S C Sections 1-16, hot state law, shall govern the arbitrability of the dispute The costs of the
arbitration. including the arbitrator's fees. shall be shared eaually by the parties: provided, however, that each party shall bear the cost j
of preparing and presenting its own claims and/or defenses (including its own attorneys' fees). The arbitration will be herd in Denver_
Colorado. The arbitrator has no authority to award any indirect, incidental. special. reliance, punitive. or consequential damages.
including damages for lost profits The arbitrator's decision shall be final, binding. and enforceable in a court of competent jurisdiction.
If either party fails to comply with the dispute resolution process set forth herein (including without limitation, non-payment of an
arbitration award) and a patty is required to enforce such compllance in court or elsewhere, then the noncomplying party shall
reimburse all of the costs and expenses incurred by the party seeking such enforcement (including reasonable attorneys' fees)
® If checked, Customer hereby certifies that Service listed above qualifies for exemption of the private Line Surcharge in accordance
with the Tariff under exemption category a. Written notification will be provided to Qwest at such time the exemption is he longer
applicable due to changes or re-termination of any Service,
Cooynght 02003 Owes;. All Rights Reserved.
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9706835528 p.3
T%IS neknewtedgrfWU coftslitutrs lho g,o uhdersbnda+g between Owmt and CU2fi riser will, respell to SuVice prvvidod harem and
SuDefsedt ra any onor a cknowledprtrente. agre . or undenoAndlrV& E1~Pt as reptsred for wrier ettolicebts taw or rWulalion.
Neither party shad, wit Wj the prior wr+ften Orr aght of Ih9 COW. i36ue any prboi rptaii/ or Oobk arnnoUrmement regarding this
Agreement or any relation beM^cen Custenrer and Owed or use the nerve. trademarks. or vOw proortt:laey IderOying sytt,bot of the
other tarty or its atllNatpB, Such cDment by OwW may only be ghmn in waling by Ire Em cAive Vice President of Cormorate
Communications orhWherdaiione .
Ow"t Corpomme" Kam' ^
Kelly Karren
Whorized Signature
Na►rre Typed or Printed AUG 6 2004
T9tle
1®00 ft Am ,Mile WA
Dale
Goprngkt V 2WM OweeA Att "htt p4Sar,&d Page 2 ef3 WI- i 12003
01-1 9DD/EDO *d ro3-1 Of 1Ea"M oOAr 10 MCI-'W d Own tit-u-sav
Sep 07 04 12:30p UNITEL 9706835528
NON-APPkOPMA11ONS ADDENbUM
This is an adder+dum to AgnwnaM Number (-Undamyl+g Agrean,ehir) between AVON
TOWN GOVERNMENT Qwee Cargo bc;r ("Quest') for DSII Service ('Service").
signed by CUSTOMER pn (Addendurn•)
The Puroose of this Addendum i6 to sYDplemertt the Underlying Agreement as follows.
GUSTOMER Intends to continue thi* Agreement for 46 entire ttlrl*1 and to satisfy its ablipations
hereunder For each succeeding fiscal beriod. 1) CUSTOMER agrees to include im its budget request
appMotiatich4 soft-zeM to eater CUSTOMER's oblooone Under this Agreement, Z) CUSTOMER
agrees to use all reasonable and Lawful rneann io secure these apwricriabons; 3) CUSTOMER agrees it
will not use non-apProp.4tions as a means of lommi nating this Agreement in order to accluue fundionaly
equivalent produCts or services from a third party. CUSTOMER reasonably believes that sufltuerlt funds
to dischaTe Its obhgations can wid will bwfuly be aDOronneted and made available for this Ourpose
rn the event that CUSTOMER i6 approDnated IreuncCiant funds. by approp►tabo". appropriation limitation
or grant. to continue Payments under this Agreement and has no other funding sourW lawfully avaltabta to
it for such purpose (as evidenced by notar¢ad documents prmidod by CUSTOMER and 0greed to by
Owast). CUSTOMER may termIn to this AB+sement by giving Oweat not less than thirty (30) divan Drior
written notice Upon termination and to the extent of lawfully eva4able funds. CUSTOMER shall remit all
alrtounfs due and all Goats reasonably inwrred try Oawest through the date of termination.
2. Except as modified heraln. terms and conditions of the Underlying Agreenerrl stall remain in full
fame and erfeet.
The parties hereby execute and enthbfte this addendunn as of the Idlest date shown below.
amassCotpoMftrt BOA'a -
Kelly Karten
TeGh Support Supervisor
Au6KWIed Sivalure
Name Typed or wi_- AtIG 2 s 7004
am .
Title Ave go" - WA
Date
CP2001 OwW CO vwx v page 1 12J17401
NONE
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