HomeMy WebLinkAbout09753RESOLUTION NO. 9753
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND
QWEST CORPORATION IN THE AMOUNT OF $5,983.86 MONTHLY FOR SERVICES AND
FEES, FOR CIRCUITS TERMINATING AT 315 RICHMOND STREET, FOR TELEPHONE AND
DATA SERVICE, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the City of Pueblo and Qwest Corporation for circuits to be used
for telephone and high speed data service between City sites and Qwest facilities, a copy of which
is attached hereto and incorporated herein, having been approved as to form by the City Attorney,
is hereby approved. The President of Council is hereby directed and authorized to execute the
Agreement in the name and on behalf of the City and the City Clerk is directed to affix the seal of
the City thereto and attest same.
SECTION 2.
This resolution becomes effective upon final resolution and passage.
INTRODUCED December 23, 2002
BY Al Gurule
Councilperson
APPROVED:
resident of City Council
ATTEST:
484
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # ) 8
DATE: DECEMBER 23, 2002
DEPARTMENT: INFORMATION TECHNOLOGY DEPARTMENT
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO AND QWEST CORPORATION IN THE AMOUNT OF $5,983.86
MONTHLY FOR SERVICES AND FEES, FOR CIRCUITS TERMINATING AT
315 RICHMOND STREET, FOR TELEPHONE AND DATA SERVICE, AND
AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME.
ISSUE
Should Council approve an agreement for voice and data circuits from Qwest.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
The Agreement is to establish new telephone and data circuit service from
Qwest. This service is required for the citywide integrated telephone system.
Most of the City sites that are within blocks of City Hall will use the City's fiber
optic cable to connect to the telephone system. Sites that are not within a half -
mile of City Hall will connect to the telephone system using leased services from
Qwest. The agreement also will establish circuits for connecting the City's
telephone system and the Public Switched Telephone Network, providing a
means for users of the system to make outside calls.
FINANCIAL IMPACT
There is a positive financial impact from acquiring these Qwest services, as they
replace other Qwest services that cost the City over $13,000 monthly. The
savings from these changes will be used toward the acquisition of a Citywide
integrated telephone system.
Agreement Number:
Main Billing Number:
QWEST ISDN PRIMARY RATE SERVICE AGREEMENT
This is an Agreement between City of Pueblo ( "Customer"), and Qwest Corporation ( "Qwest "), for the
provision of Qwest Integrated Switched Digital Network ( "ISDN ") Service ( "Service "). Customer is a
Colorado state or local government agency or K -12 school, and hereby represents that, as such, it is
qualified to purchase Service as a qualified entity as defined in Attachment 4 for Integrated Switched
Digital Network Service to the State of Colorado Master Services Agreement OOAMA00044 (Attachment 4
#CDS- 001206 -0114) executed on about February 8, 2001 between the State of Colorado and Qwest
Corporation ( "Attachment 4 to the Master Agreement "). The pricing provided hereunder will remain in
effect for the term of this Agreement, and so long as the State of Colorado maintains the conditions
required for such pricing, as set forth in Attachment 4 to the Master Agreement.
1. SCOPE.
1.1. Qwest shall provide and Customer shall pay for digital intraLATA, intrastate, switched local
exchange telecommunications service utilizing ISDN PRI Primary Rate Interface ( "ISDN -PRI ") technology
that transports and distributes voice, data, image, and /or facsimile communications separately or
simultaneously over the public switched local exchange network ( "Service "), as defined herein. Service
components are DS1 transport ( "DS1 "), ISDN PRI configuration, and trunks as indicated on Attachment 1,
incorporated herein. Other than pricing and termination liability, Qwest shall provide Service in
accordance with the applicable State Tariff, Price List, and /or Catalog ( "Tariff') which governs Service in
the state Service is provided, incorporated herein by this reference. Any Supplements to this Agreement,
including such additional Attachment(s) as may be added from time to time, must be made in writing and
executed by the parties. Qwest is offering Service to Customer with volume and term pricing provisions
("Service Volume/Term Discount Pricing Plan ").
1.2. Pursuant to state requirements, Qwest may be required to submit this Agreement to the state
commission. In the event the state commission does not approve this unique offering, Service shall be
offered in accordance with the applicable Tariff provisions. In states where Qwest is required to offer
Service per Tariff provisions, any conflict between the Tariff and this Agreement shall be resolved in favor
of the Tariff. Tariff shall be defined as the applicable State Tariff, Price List, Price Schedule,
Administrative Guideline and /or Catalog ( "Tariff') which governs Service in the state in which Service is
provided.
1.3. Service operates at 1.544 megabits per second (Mops). It is comprised of 23 B channels and one
D channel. Each B Channel transmits voice or data at 64 kilobits per second (Kbps). The D channel
carries signaling information at 64 Kbps.
1.4. Subject to availability, a second FRS may be equipped at the same location to provide 24 B
channels only (248) or to provide 23 B channels plus 1 back -up channel (23B +BUD).
1.5. Customer may also select Uniform Access Solution ( "UAS ") as indicated in Attachment 1 . UAS is
a digital service offering with single number route indexing which includes a DS1 facility with common
equipment and a network connection which provides for local exchange, toll network access. Each DS1
facility utilizes the channels configured as In -Only or Two -Way trunk side termination.
1.6. Customer agrees that Service shall not be used to provide long distance carrier services,
including voice traffic using internet technologies, thus avoiding switched access service charges.
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2. TERM.
2.1. This Agreement is effective on the latest signature date and expires sixty (60) months from the
date Service is available to Customer under this Agreement, as evidenced by Qwest records ( "Term ").
The Minimum Service Period ( "Minimum Service Period ") for Service is twelve (12) months.
2.2. This Agreement will become effective immediately in most states, in some states, only after
mandatory filing requirements are met and approved.
2.3. Should Qwest continue to provide Service after this term without a further agreement, the service
charges will convert to the applicable month -to -month rate under the terms and conditions of the
applicable Tariff, or in its absence, this Agreement.
3. SERVICE PROVIDED.
3.1 Qwest will provide and maintain the Service at the locations and in the quantities specified in
Attachment 1, which by this reference is incorporated and made part of this Agreement.
3.2 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, at its
sole discretion, 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 Section 6.2, which shall include the full non - recurring installation charges that would
have otherwise applied.
4. CHARGES AND BILLING.
4.1 Charges for Service shall be those specified in Attachment 1. In addition to the monthly recurring
charges and nonrecurring charges specified herein, Customer shall pay Qwest all applicable taxes, usual
and customary surcharges and all government imposed fees and charges that relate to the Service or
installation rendered hereunder. Customer is purchasing Service hereunder as a qualified Colorado state
or local government agency or K -12 school under Attachment 4 to the Master Agreement. Charges for
Service hereunder will remain in effect for the term of this Agreement, and so long as the State of
Colorado maintains the conditions required for such pricing, as set forth in Attachment 4 to the Master
Agreement (the State must 1) maintain a minimum of eleven (11) circuits with Qwest, or 2) have the PRS
ride a contracted DS3 or higher, in order to receive discounts). Customer's Service hereunder will contribute
to meeting the State's requirements. In the event the State does not maintain such conditions, a pricing
adjustment will be made to all PRS DS1 circuits in service, including all DS1 circuits under this Agreement.
The adjustment will revert circuits to existing Tariff rates, retroactive to the original installation date, as
evidenced by Qwest records.
4.2. If, within ninety (90) days of the service order application date, Qwest is unable to provide Service,
Qwest will recognize both Customer's active circuits and its ordered circuits, in calculating the applicable
rates. Delayed ordered circuits shall be defined as those circuits that Qwest was unable to provide within the
ninety (90) day cycle. If after ninety (90) days, Customer cancels any ordered circuits which are included in
determining Customer's applicable rates , Qwest will adjust the billing to reflect the correct volume level.
43. The charges for Services under this Agreement, including any and all discounts to which Customer
may be entitled, will be offered and charged to Customer independently from and regardless of the
Customer's purchase of any customer premises equipment or enhanced services from Qwest.
4.4. Customer shall pay each billing statement in full by the payment due date. If late payment charges
are applicable and permitted by law, they may be assessed and billed at 1 1/2 percent per month or the
highest lawful rate, whichever is less, on the unpaid balance.
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4.5. If Service is not available in Customers switch, an interoffice mileage charge for transport
between switches shall apply and it will be included in the charges stabilized and specified in the
Attachment(s).
5. SERVICE CHANGES.
5.1. MOVES. Customer may move the physical location of all or part of Service to another location
within the same Qwest intrastate intraLATA serving area as the Service being moved, provided the
following conditions for the move are met; 1) Service moved to the new location is provided to Customer
by Qwest; 2) Customer advises Qwest that Service at the new location replaces existing Service;
3) Customer's requests for the disconnection of the existing Service and the installation at the new
location are received by Qwest on the same date; 4) Customer requests Qwest to install the service at
the new location on or prior to the disconnection date of the existing Service; and 5) Customer agrees to
execute written amendments to this Agreement; pay all then current recurring and nonrecurring charges
related to the service at the new location, pursuant to this Agreement; and 6) Customer agrees if the move
is within the same Qwest switch, to pay $500.00 per span, and if the move is to a different Qwest switch,
to pay $1,000.00 per span.
5.2. ADDITIONS TO SERVICE. Customer may request additions to Service and Qwest will supply
such additions to Customer, subject to the following conditions: 1) Qwest commercially offers such
additions and necessary facilities are technically and practicably available; 2) the charges for additional
Service will be charged according to the following criteria: (a) if term equals thirty -six (36) months, Service
may only be added through month 18 and Customer will be charged at the rates specified herein and
Customer will receive a fifty percent (50 %) discount on nonrecurring charges for such additions to Service,
or (b) if term equals sixty (60) months, Service may only be added through month 36 and Customer will be
charged at the rates specified herein through month 36 of this Agreement and nonrecurring charges for
such additions to Service will be waived. Service added after the 18th month or 36th month respectively
may be added as follows: 1) Customer and Qwest may renegotiate and execute a new term Agreement
that would include existing Service plus additional Service, 2) Service may be ordered under a new and
separate agreement, or 3) Service maybe ordered under the month -to -month tariff rates then in effect.
Threshold quantities as defined in Section 6 below will be revised to reflect Service additions.
6. TERMINATION.
6.1 Either party may terminate this Agreement for cause provided written notice is given the other
party specifying the cause for termination and requesting correction within thirty (30) days is given the
other party and such cause is not corrected within that thirty (30) day period. Cause is any material
breach of the terms of this Agreement. If Qwest terminates this Agreement for cause or if Customer
terminates this Agreement WITHOUT cause, Customer shall pay early termination charges, as follows.
6.2 If termination is prior to installation of Service and after execution of this Agreement, early
termination charges shall be those reasonable expenses incurred by Qwest through the date of
termination. Such charges may include, but are not limited to all engineering, planning, preparation,
materials, supplies, placement, facilities, acquisition, transportation, installation, construction, and labor
costs and charges incurred by Qwest, or as specified in State Tariff.
6.3 Customer may disconnect up to fifteen percent (15 %) of the initial number of DS1 circuits used to
deliver PRS trunking after installation and no termination charges will apply. Notwithstanding the above,
should Customer drop below the Initial Threshold Quantity indicated in Attachment 1 at any time during
the Term of this Agreement, the Termination Threshold shall no longer apply to existing Service and
Customer shall no longer qualify for a Termination Threshold throughout the remaining Term of this
Agreement. The Initial Threshold Quantity is defined as eighty-five percent (85 %) of the initial, total circuits
on this Agreement at the time of execution as set forth in Attachment 1. Starting from the time Service
drops below the Initial Threshold Quantity, Customer shall pay all applicable termination charges, as
defined below.
6.4. If, during the Minimum Service Period of twelve (12) months and after installation, Customer
disconnects Service below any applicable Termination Threshold, Customer shall pay a termination
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Colorado GES ISDNPRS Form 5.doc Page 3 Version: 6 -26 -02
charge based upon 100% of the monthly recurring rate for the months remaining in the Minimum Service
Period. After the Minimum Service Period, Customer shall pay termination charges for Service that is
below the Threshold, calculated as follows: Quantity of Service terminated at the then current service
level, multiplied by the number of months remaining in this Agreement, multiplied by the Termination
Liability Percentage as identified below in Table 6.4.1.
Table 6.4.1.— Termination Liability
TERMINATION DATE/TERM
YEAR MONTH
TERMINATION LIABILITY (TLA %)
(Section 6.4.)
1
(1 -12)
Minimum Service Period
a
100 /o
2
(13 -24)
80%
3
(25 -36)
70%
4
(37 -48)
65%
5
(49 -60)
45%
6.5. A termination charge will be waived when all of the following conditions are met: 1) the Customer
discontinues their contracted service(s) and signs a new service agreement(s) for any other
Qwest - provided service(s), 2) the new service agreement(s) have a total value equal to or greater than
115% of the remaining prorated value of the existing agreement(s) (excluding any special construction
charges, applicable nonrecurring charges, or previously billed but unpaid recurring and /or nonrecurring
charges), 3) the Customer places the orders to discontinue the service and establish new service at the
same time, and 4) a new minimum service period goes into effect when the new service agreement term
begins. New service is defined as newly installed service placed under new service agreement(s), or
newly installed additions to existing service agreement(s), but does not include renewals of expiring
service agreement(s), renegotiations of existing service agreement(s) or conversions from month -to-
month service to contracted service. The waiver does not apply to changes between regulated products
and services, and unregulated or enhanced products and services.
7. OUT -OF- SERVICE CREDIT. If Qwest causes a Service interruption, an out -of- service credit will
be calculated under the state local exchange Tariff. If there is no applicable tariff and the interruption lasts
for more than twenty -four (24) consecutive hours after Qwest receives notice of it, Qwest will give
Customer credit calculated by: (a) dividing the monthly rate for the affected Service by thirty (30) days; and
then (b) multiplying that daily rate by the number of days, or major fraction, that Service was interrupted.
8. OWNERSHIP AND PROVISIONING OF SERVICE. Title to, and ownership of, all equipment and
facilities Qwest uses in supplying Service is and remains with Qwest. Qwest will provision and supply
Service described in this Attachment in any manner and by means of any equipment, software, and facilities
Qwest chooses. The method of provisioning of Service is a matter within Qwest's sole discretion.
9. SERVICE SUSPENSION /MAINTENANCE. Qwest may from time to time suspend Service for
routine maintenance or rearrangement of facilities or equipment. Qwest will give Customer advance
notification of the Service suspension. Such Service suspension is not considered an Out -of- Service
condition provided Service is restored by the end of the period specified in the notification.
10. PERSONAL INJURY; PROPERTY DAMAGE. Each party shall be responsible for any actual
physical damages it directly causes in the course of its performance under this Agreement, limited to
damages resulting from personal injuries, death, or property damage arising from negligent acts or
omissions; PROVIDED HOWEVER, THAT NEITHER PARTY SHALL BE LIABLE FOR ANY
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INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT.
11. LIMITATION OF LIABILITY. QWEST SHALL NOT BE LIABLE TO CUSTOMER FOR ANY
INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT
NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. EXCEPT AS
PROVIDED IN THIS AGREEMENT, ANY QWEST LIABILITY TO CUSTOMER FOR ANY DAMAGES OF
ANY KIND UNDER THIS AGREEMENT SHALL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO
THE APPLICABLE OUT -OF- SERVICE CREDIT. REMEDIES UNDER THIS AGREEMENT ARE
EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.
12. NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
13. UNCONTROLLABLE CONDITIONS. Neither party shall be deemed in violation of this
Agreement if it is prevented from performing any of the obligations under this Agreement by reason of
severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power
failures; nuclear or other civil or military emergencies; acts of legislative, judicial, executive or
administrative authorities; or any other circumstances which are not within its reasonable control.
14. DISPUTE RESOLUTION. The parties shall attempt in good faith to resolve through negotiation
any dispute, claim or controversy arising out of or related to this Agreement. Either party may initiate
negotiations by providing a Notice to the other party setting forth the dispute and the relief requested. If
the parties are unable to resolve such dispute within a reasonable period of time, either party may
commence a civil action in a court of competent jurisdiction located, at the option of the moving party, in
either (i) the place of business of the other party, as indicated in the address set forth for such party on the
Signature Page to this Agreement, or (ii) in Pueblo, Colorado. Each party hereby expressly waives its
right to a trial by jury and consents to the jurisdiction of such courts for the purposes herein. Such court
shall have no authority to award any indirect, incidental, special, punitive or consequential damages,
including damages for lost profits.
15. LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with
all applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency
orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act
as a modification of any contract to that extent without further notice. The laws of the state where Service
is provided shall govern this Agreement.
16. SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with
proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful, this
Agreement, or that provision of the Agreement to the extent it is unlawful, shall terminate. If a provision of
this Agreement is terminated but the parties can legally, commercially and practicably continue without the
terminated provision, the remainder of this Agreement shall continue in effect.
17. GENERAL PROVISIONS.
17.1. Failure or delay by either party to exercise any right, power, or privilege hereunder will not operate
as a waiver hereto.
17.2. This is a retail end user contract. It may be assigned only with the consent of Qwest which shall
not be unreasonably withheld. Customer may not assign to a reseller or a telecommunications carrier
under any circumstances.
17.3. This Agreement benefits Customer and Qwest. There are no third party beneficiaries.
17.4. This Agreement constitutes the entire understanding between Customer and Qwest with respect
to Service provided herein and supersedes any prior agreements or understandings.
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FED 18 2003 13:14 FR VICORP 3032954521 TO 93033838100 P.07i06
17.5. To the extent authorized by Section 10 of Article II or Articles X, XI, or XX of the Colorado
Constitution, the Colorado Open Records Act, §24-72 -201, at seq., C.R.S., the Colorado Open Meetings
Law, §24- 6-401, et. seq.. C.R.S., or the Charter or Ordinances of the City of Pueblo, nothing in this
Agreement shall be construed to prohibit Customer from public dissemination of any information
Concerning this Agreement, the identity of parties to this Agreement, the terms of this Agreement or
Customer's assessments of Ciwesfs performance under this Agreement. Notwithstanding the foregoing,
nothing in this paragraph shall authorize Customer to appropriate or to use any trademark, intellectual
property or other identifying symbol of Qwest except as specifically authorized by the terms of this
Agreement, or as allowed by law, or with the prior written approval of Qwest.
18. EXECUTION. If a party returns this Agreement by facsimile machine. the signing party intends
the copy of this authorized signature printed by the receiving facsimile machine to be its original signature.
The parties hereby execute and authorize this Agreement as of the latest date shown below. Notices
concerning this Agreement may be sent to Qwest's Customer billing address of record or to Customer's
Address for Notices specified herein, if any.
City % eblo
Authorized Signature
Michael A. Occhiato
Name Typed or Printed
President of Council
Title
1)ECcrn E2 2 3 1 200$
Date
Address for Notices:
1 City Hall Place
Pueblo, CO 81003
QWEST CORPORATION
a" 4 j Y
Authorized Signature
Stephen Brinkman
Name Typed or Printed
Director of Offer Management
Title 2/19/03.
Date
Address for Notices:
1801 California Blvd.
Denver, CO 80202
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Agreement Number:
Main Billing Number:
ATTACHMENT 1TO
THE QWEST ISDN PRIMARY RATE SERVICE AGREEMENT
City of Pueblo
Customer
Customer Address
315 Richmond
Pueblo, Colorado
Circuit ID or BTN
Service
— FS PRI
Qty
2
USOC
Z4D
Z4D
Higher Facility
(Yes or No)
Yes
Monthly
Recurring
Charge/Ea
5750.00
$
Non -
Recurring
Charge/Ea
$0.00
$
Z4D
$
$
Z4D
$
$
Z4D
$
$
Z4D
$
$
Z4D
$
$
Z4D
$
$
Z4D
$
$
Z4D
$
$
Total Rate Stabilized Monthly Recurring for above Service
Total Nonrecurring Charge for above Service
Customer's initial quantity of DS1 circuits used to deliver PRS is 2 DS1 circuits.
The Initial Threshold Quantity is 1_7 DS1 Circuits
Should th total number of DS1 Circuits drop below this Initial Threshold Quantity Customer shall no longer
qualify Termination Threshold as set forth in Section 6.3 of the Supplement.
Customer Initials' Date:
$1500.00
$0.00
Colorado GES ISDNPRS Form 4.doc Page 7 Version: 4 -23 -02