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HomeMy WebLinkAbout06-26-17 City Commission Packet Materials - C12. Addendum to Agreement with CenturyLink for Change in Phone Line Services Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Scott McMahan, Information Technology Manager Anna Rosenberry, Assistant City Manager SUBJECT: Authorize City Manager to sign the Century Link contract to change our phone line services over to Session Initiation Protocol (SIP) trunks. MEETING DATE: June 26th, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign the Century Link contract to change the type of service the City uses for phone connectivity. BACKGROUND: The City currently uses PRI (Primary Rate Interface) circuits provided by Century Link (located at City hall and the Professional Building) to facilitate all phone calls from the various City facilities. Right now when there is an outage on either PRI circuit, incoming calls destined for any numbers associated with that PRI will not work. We are desirous to transition to Century Link SIP circuits, which will provide redundancy for all numbers regardless of where failure occurs. We will receive 3000 minutes of free long distance service each month with these new circuits. We will also be correcting a 911 dispatch location services deficiency that makes it possible for 911 dispatched calls for emergency services to go to city hall or the professional building instead of the actual correct physical location i.e. City Shops or Vehicle Maintenance for example. This correction must be made whether the City transitions to the new circuit type or not. UNRESOLVED ISSUES: None. ALTERNATIVES: Keep the current PRI circuits but still pay for the fix to the 911 locator issues. FISCAL EFFECTS: The new circuits will cost $1,381.00 per month. This is $137 more per month than we are currently paying for the PRI circuits. We will also incur a $275 per month charge to address the 911 issues. Attachments: Complete City of Bozeman contract.pdf Report compiled on: 142 -1- ADDENDUM TO THE AGREEMENT BETWEEN THE CITY OF BOZEMAN AND CENTURYLINK FOR IQ MANAGED DATA BUNDLE SERVICES (the “Services”), This Addendum to the CenturyLink Total Advantage Express Agreement (the “Agreement”) between the City of Bozeman (“City”) and CenturyLink Communications, LLC (“CenturyLink” or “Contractor”) (collectively, the “Parties”) is hereby entered into as of this ___ day of ______________, 2017. RECITALS The Parties seek to enter into an agreement for CenturyLink to provide products and services as described in the Agreement; and The Parties desire to amend the Agreement as provided in this Addendum. NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby amend the Agreement as follows: The attached Agreement is hereby amended as follows: 1. Section 4 of the Terms and Conditions is replaced in its entirety with: Unless required by applicable law or court order, Customer agrees not to disclose this Quote or any of its contents to any third party. 2. Non-discrimination (language added). The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall require these nondiscrimination terms of its sub-Contractors providing services under this Agreement. -------------- Unless expressly modified herein, all of the remaining terms and conditions set forth in the Agreement shall remain in full force and effect. 143 -2- IN WITNESS THEREOF, the Parties hereto have executed this Addendum on the day and year first shown above. CENTURYLINK CITY OF BOZEMAN By By Print name: Print name: Dennis Taylor Title: Title: Interim City Manager Dated Dated 144 str{-4\.r CenturyLink" Business customer Name: CITY OF BOZEMAN - MT Quote #: Q-00108889 Quote Generation Oale: 312712017 4221t48 PM Cutoff Date: 5t112017 Currency: USD Customer information Account Information Prepared By Name: CITY OF BOZEMAN - MT Primary Contact: Billing Contact: Phone: 4065822300 Email: Billing Account: Billing Address: CTA Express /Pramata Contract lD#: NEW Name: Ed Hassell Phone: Email: ed,hassell@centurylink.com Quote Table Product Type otv Location Service Address Service Details Service Attributes Term {Months}MRC NRC Waived NRC lQ Managed Data Bundle New 1 20 E OLIVE ST BOZEMAN MT lO Networking Pori - Privale Seled Adtran 24x7 5 Mbps Tiered 5M Months Credited: 1 Month 36 Monihs $235.00 s0.00 Local Access New 1 20 E OLIVE ST BOZEMAN MT ELA Nalive Single-CoS Low CentsryLink (CLPA) Fas{ E 5M 36 Months $200.00 s500.00 s500.00 lQ Managed Data Bundle New 1 121 N ROUSE AVE BOZEMAN MT lQ Networking Port - Private Select Adtran 24x7 5 Mbps Tiered 5M Months Credited: 1 Month 36 Monlhs s235.00 s0_00 Local Access New 1 121 N ROUSEAVE BOZEMAN MT ELA Native Single-CoS Low CenturyLink (CLPA) Fast E 5M Months s200.00 s500.00 s500.00 Seruice Sub Total:s870.00 s0.00 Terms and Conditions for CenturyLink lQ Managed Data Bundle Offer. CenturyLink IQ Managed Data Bundle is a bundle composed of the following services: (a) CenturyLink lQ Networking (b) Local Access and (c) Rental CPE and (d) Network Management Service. The bundle type appears in the first "lQ Managed Data Bundle" row under the "Service Attributes" column. The details for CenturyLink lQ Networking appear in the first "lQ Managed Data Bundle" row under the "Service Details" column (port type) and under the "Service Attributes" column (port bandwidth) of the above table. The details for Rental CPE (CPE type and maintenance type) appear in the first "lQ Managed Data Bundle" row under the "Service Attributes" column of the above table. The details for Network Management Service (Select or Comprehensive) appear in the first "lQ Managed Data Bundle" row under the "Service Attributes" column of the above table. The charges for Local Access are presented separately and are NOT included in the lQ Managed Data Bundle MRC and NRC. CenturyLink provides CenturyLink lQ Managed Data Bundle services under these additional service-specific terms and conditions which are incorporated into the Agreement by this reference: (a) Managed Data Bundle provisions ("Bundle Provisions") found at http://www.centurylink.com/legal/rmgctae/mdb/v1 S.pdf and (b) the CenturyLink lQ Networking, Local Access, Rental CPE, and Network Management Service service-specific sections in "Section ll. Additional Service-Specific Terms and Conditions" of the Detailed Terms and Conditions ("DT&C") at http://www.centurylink.com/legal/DTC/v73.pdf. ble Page 1 of5 CONFIDENTIAL a Produ6t Type aty LocaUon Service Address Service Details Seruice Attributes Term (Months)MRC NRC Waived NRc Opportunity lD#: 5366461 3 @ CenturyLink. All Rights Reserved. 145 J.{ CenturyLink.l Business Customer Name: CITY OF BOZEMAN - MT Quote #: Q-00108889 Quote Generaiion Dale: 312712A17 4:21:48 Pl|/t cutotf Dale: 51112017 Currency: USD lQ SIP Trunk New 1 20 E OLIVE ST BOZEMAN MT SeBt Band: 151+ Seats Total Session Band: 1.100 Sessions 36 Months $0.00 $0.00 New 15 Standard Session 36 Monlhs s195.00 $0.00 New 242 Standard Seat 36 Months $60.50 $0.00 lQ SIP Trunk New 1 121 NROUSEAVE BOZEMAN MT Seal Band: 15 t+ Seats Tolal Session Band 1-100 Sessions 36 Months $0.o0 $0.00 New 15 Standard Session 36 Months $1 95.00 $0.00 New 242 Standard Seat 36 Months $60.50 $0.00 Service Sub Toti,l $s11.00 i0.00 Terms and Conditions for lQ SIP Trunk Service CenturyLink lQ SIP Trunk terms and conditions are located in the "CenturyLink Hosted VolP and CenturyLink lQ SIP Trunk" (Broadsoft Platform) service-specific sections in "Section ll. Additional Service-Specific Terms and Conditions" of the Detailed Terms and Conditions ('DT&C') at http://www.centurylink.com/legal/DTC/v73.pdf, and in the "lQ SIP Trunk Service AdditionalTerms" below. ln the event customer chooses to move, add, change or delete an lQ SIP Trunk or a pofion of such Service, Customer must access the VolP portal at https://centurylink.com/voip to place orders. Modifications made by Customer in the VolP portal may impact pricing for Services ordered under this Quote. CenturyLink lQ SIP Trunk Service Additional Terms: 1. CenturyLink lQ SIP Trunk Pricing. CenturyLink will charge Customer and Customer will pay the rates set forth in this Quote and in the SIP Trunk Rate Sheet located at http://www.centurvlinh.com/leoal/lQSlPlAlaCarteRatesvl .odf. ln the event of a conflict, the following order of precedence will apply in descending order of control: this Quote, the SIP Trunk Rate Sheet, and any other pricing documents. 1 .'l Seat Pricing. Seat pricing tables are found in the Rate Sheet for SIP Trunk Service. Customer will review the seat range pricing in the SIP Trunk Rate Sheet before making modifications in the VolP portal. 1.2 CTAC Customer Support. Pricing for CTAC customer support is located in the Rate Sheet for SIP Trunk Service. Charges are not prorated. Service is subject to availability. 1.3 Additional Charges. Please see the Rate Sheet for SIP Trunk Service for additional charges, which includes the terms and pricing for the LDffF Offer, Upgrade/MACD, session types and other charges. Any reference to .Basic White Page Listing" in the table above is also known as "Basic business white page listing" in the SIP Trunk Rate Sheet. 2. 911 EMERGENCY SERVICE ACKNOWLEDGMENTS: Customer lnitials: I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE 911 LIMITATIONS lN THE "911 EMERGENCY SERVICES-VOIP' SECTION OF THE TERMS AND CONDITIONS APPLICABLE TO ALL VolP SERVICES, AND lN THE PROVISIONS APPLICABLE TO MY VolP SERVICE ("VolP PROVISIONS') lN THE DT&C AT http://www.centurvlink. com/leoaliDTClvT3. odf . VPC Credit Offer Table (see Terms and Conditions below) Opportunity lD#: 5366461 3 @ CenturyLink. All Rights Reserved. Product Service Address Service Details Service Attrlbutes Term {Months)Credit Amount per Month Credit Petiod Page 2 of 5 CONFIDENTIAL 146 srtjrrll\"}Centurylink' Business customer Name: CITY OF BOZEMAN - MT Quote #: Q-00108889 Quote Generation Dale. 312712017 4i21i4& PM Cutoff Dale: 51112017 Currency: USD lQ Managed Data Bundle 20 E OLIVE ST BOZEMAN MT lO Networking Porl - Privale selecl Adtran 24x7 5 Mbps Tiered 5M Months Credited: 1 Monlh 36 Monlhs $235.00 1 Month Local Access 20 E OLIVE ST BOZEMAN MT ELA Native Single- CoS Low CenturyLink (CLPA) Fast E 5M Months s200.00 1 Monlh lQ Managed Data Bundle 121 N ROUSEAVE BOZEMAN MT lO Networking Port - Private Seled Adtran 24x7 5 Mbps Tiered 5M Months Credited: 1 Month 36 Months s235.00 'I Month Local Access 121 NROUSEAVE BOZEMAN MT ELA Native Single- CoS Low CenturyUnk (CLPA) Fasl E 5M JD Monlhs s200.00 1 Month Total Credits per Month for All Eligible Bundles / Packages / Service:$870.00 Terms and Conditions for VP Checkbook Credit Offer ("VPC Credit Offe/'). Customer is eligible to receive the credits on the Ellgible Bundles, Packages or Service listed in the VPC Credit Offer Table(s). lf applicable, separate tables will be shown for each Eligible Service, Eligible Bundle and Eligible Package. CenturyLink provides the VPC Credit Offer set forth in each table under the additional terms and conditions, which are incorporated into the Agreement by this reference, found at: htto://www.centurvlink.com/leqal/rmqctaen /PCCredit.odf. CenturyLink reserves the right to amend these terms and conditions effective upon posting to the Web sile. Customer's continued receipt of the VPC Credit Offer constitutes acceptance of any changes. Credit Amount per Month ("Credit Amount"). Credit Amount is the monthly credit shown in the table(s) applicable to the Eligible Service or to a single Eligible Bundle or Eligible Package purchased by Customer of the type indicated. lf applicable, separate lines will appear in the table(s) for each component of an Eligible Service, Eligible Bundle and Eligible Package receiving a credit. Services, features, optional add-ons or other additional charges included in the VPC Credit Offer Table(s) above without a Credit Amount in the Credit Amount per Month column are not eligible to receive a credit. Credit Amount excludes any taxes, fees and surcharges. Credit Period. Credit Period is the number of months shown in the table(s) Customer receives the Credit Amount for the applicable Eligible Service, Eligible Bundle and Eligible Package. Credit Amounts will cease upon expiration of the Credit Period. Page 3 of 5 CONFIDENTIAL Opportunity lD#: 5366461 3 @ CenturyLink. All Rights Reserved. 147 .l P,?\.,',1 -<r \F CenturyLink" Business customer Name: CITY OF BOZEMAN - MT Quote #: Q40108889 Quote Generation Oalei 3t2712017 4t21t48 PM Cutoff Date: Sl1l2O17 Currency: USD Customer: CITY OF BOZEMAN - MT CenturyLink Sales Solutions, lnc. Authorized >ctl I Sionature F--Ac,lt"tun^. Authorized Signature Name Typed or PrintedEf Ma'nqZef Name Typed or Printed Title 3- 30- ll Date Title Date Service(s) Total for Services priced in this Quote Total Monthly Recurring Charoes (l)Non-Recurring Charoes (3) $ 1.381.00 $ 0.00 Opportunity lD#: 53664613 Page 4 of 5 CONFIDENTIAL @ CenturyLink. All Rights Reserved. 148 .r^t 7:'\..2-*lir Centurylink' Business Customer Name: CITY OF BOZEMAN - MT Quole #: Q-001 08889 ouole Generation Dale: 312712917 4121'148 PM Cutoff Date: 51112017 Currency: USD Terms and Conditions 1. By signing this Quote, Customer orders the services, bundles, offers, and packages identified in'Product" column of the table(s) above ("Services"). CenturyLink will provide the Services under the terms of this Quote and the CenturyLink Total Advantage Express Agreement including (a) the Terms and Conditions following the signature block, as more fully described in "Section l. General Terms and Conditions" of the Detailed Terms and Conditions ("DT&C") at http://www.centurylink.com/leoal/DTCiv73.odf, (b) the service- specific terms and conditions applicable to the Services in "Section ll. Additional SeMce-Specific Terms and Conditions' of the DT&C, and (c) the supplemental terms and conditions (if any) for which links have been provided above the pricing table(s) in this Quote (collectively the "Agreement"). 2. CenturyLink will charge Customer the rates for the Services shown above" The prices quoted above apply only to the locations and bandwidths included in the Quote. [f Customer changes any of the Bundle or Service Details or moves a Service Address, lhese rates will not apply. 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- Despite anything to the contrary in the Service-specific terms and conditions and for puryoses of this Quote only, NRCs are NOT waived unless this Quote expressly states NRCs are waived or the NRCs appear in the waived column in the above table(s). 4. Customer agrees not to disclose this Quote or any of its contents to any third party. 5. Early termination charges may apply as set forth in the Agreement. lf a Cancellation Charge requires Customer to pay the amount of any waived or discounted NRC, the NRC will be the amount stated in this Quote or shown in the 'Waived NRC" column in the above table(s) despite anything to the contrary in the Agreement. 6. By signing above, the parties agree to the pricing set forth in the Quote. Services located at the Service Addresses shown on this Quote may not be combined with any other offer(s) or discount(s) other than those specifically listed on this Quote. 7 " A CenturyLink Total Advantage Express Agreement or other CenturyLink acceptable form of agreement that is signed by authorized officers of both parties on or before the earlier of the Cutoff Date on this Quote or the Cutoff Date on the agreement and includes all Service speciftc terms for the Service(s) described and any applicable offer terms in this Quote is required to implement the pricing in this Quote. Unless this Quote is signed and references a signed agreement (or an amendment to an agreement) between CenturyLink and Customer, it is nonbinding. lf Customer has an existing agreement that does not contain service provisions for the Service(s) described in this Quote, this Quote is nonbinding until a formal written amendment adding the seMce provisions is signed by authorized officers of both on or before the earlier of the Cutoff Date on this Quote or the Cutoff Date on the amendment. 8. Using CenturyLink's electronic signature process is acceptable. Page 5 of 5 CONFlDENTIAL Opportunity lD#: 5366461 3 @ CenturyLink. All Rights Reserved. 149 cENTU RyLlNt€ rorel ADvANTAGet p<p ness - AGREEM ENT - sum mary Page This Centurylink@ Total Adwntage@ Eryress Agreement is between Centurylink Sabs Solutions, lnc. as ontracting agent on behalf of the appicable Centurylink onpany providing the Services under this Agreement ("Centurylink") and GITY OF BOZEMAN - MT ("Customer" or "You"). The name of the Centurylink operating company providing Services to Customer is listed in the service+pecific terms and conditions. Centurylink maywithdraru this offer if Customer does not execute and delir,er the Agreement to Centu ryLink on or before May '18,2017 ("Cutoff Date"). Using CenturylinKs electronic signature process for the Agreement is acceptaUe. 1. Services. Centurylink proMdes Services under the terms of this Centurylink Total Adrrantage Epress Agreement and Summary Page including (a) the Terms and Conditions following the signaturc block, as more fully described in "Section l. General Terms and Conditions" of the Detailed Terms and Conditions ('DT&C) at htto:/Aruww.centuMink.com/!eoal/DTC/v73.ocif, (b) the sendcespecific terms and conditions applicable to the Services in "Section ll. Additional SeMce-SpecificTerms and Conditions"of the DT&C, and (c) the supplemental terms and conditions (if any) for which links haw been provided belortt the pricing table(s) in this Agreement or in a wlid CenturyLink quote that references this Agreement (collectively the "Agreement.") Provisions that are applicable to a specific Centurylink co"npanyare so indicated. AII general provisions are applicable to services provided bythe Centurylink companyproMding the Services under this Agreement. For an interim period of time until all work is completed to update the Servicespecific prwisions, rarious on-line offer provisions, Tariffs and other terms and onditions incorporated by attachment or referene into this Agreement, al I references to Qwest Conmunications Company, LLC mean Centuq[ink Communications, LLC f/k/a Qwest Communications Company, LLC. The following Services are incorporated into the Agreement: MANAGED DATA BUNT}.E OFFER Centurylink will charge Customer, and Customer will pay the rates set forth in a signed quote for Service issued by Centurylink, which will reference this Agreement. The Managed Data Bundle Service Term is setforth in the quote. Centuryl-ink proMde Services under these additional service-specific tems and c,onditions incorporated into the Agreement by this reference: (a) Manqed Data Bundle pror,isions ("Bundle ProMsions") found at htto:lArrrww.centuMink.comlleoal/rmoctaefndbivl4.pdf and (b) the Centurylink lQ Networking, Local Access and Rental CPE service-specificsections ("Service Provisions") in the DT&C. Domestic Centurylink lQ@ tletworking Pricing Centurylink will charge Customer, and Customer Wll pay the rates set fo(h in a signed qrcte for SeMce issued by CenturyLink, which will reference this Agreement. The Domestic Centurylink lQ Networking Service Term, as wdl as the Service Term and Pricing for any ancillary services, is set forth in the quote. The folloring additional terms and conditions applyto Domestic CenturyLink lQ Networking, and are inorporated herein byreference: the General Terms Applicable to All Services, the domestic Centurylink lQ Networking section, the Local Access section, and if applicable as part of a Centurylink lQ + Port, the Rental CPE section in the DT&C. HOSTED VOIP S ERVICE ANd CENTU RYLINK lQ@ S IP TRUNK S ERVICE Centurylink will charge Customer, and Customerwill paythe rates setforth below and in a ralid signed Centurylink issued quote for Service, if awilable, which will reference this Agreement. lf a quote is used, the Service Term is set forth in the quote. CenturyLink provides Services under these additionalservicespecific terms and conditions incorporated into the Agreement bythis reference: the CenturyLink@ Hosted VolP and Centurylink lQ@ SIP Trunk service-specificsectbn ("Service Provisions") in the DT&C. OenturyLink IO@ SIP Trunk Service Centurylink lO SIP Trunk Pricing. Centurylink will charge Custorner and Customer will paythe rates set forth below and in a valid signed CenturyLink issued quote for Service, which will referene this Agreement. The lnitial Term is set forth in the quote. CenturyLink tQ SIP Seat Pricing. Seat pricing tables are found in the Rate Sheet for SIP Trunk Service located at htto ://www.centuM ink.com /leoal/lQSlP/ALaCarteRatesvl .odf OenturyLink lQ SIP Trunk Addltlonal Charges. Please see the Rate Sheet for SIP Trunk Service for additional charges, whidl includes the terms and pricing for the LDffF Offer, and Upgrade/lvlACD charges and other charges. CTAC Customer Support. Charges are notprorated. Service is subjectto availability. Charges forCTAC customersupportare located in the Rate Sheet for SIP Trunk Service. Op lD #: 53664613 Contract Code:490003 Page 1 of6 CONHDENTIAL @ CenturyLink. All Rights Resenred. CGT R.v73.030117 150 CENTURYLINt€ rOrll ADVANTAGET B(pHES - AGREEn/|ENT- SummaryPage lnternational Voice Service The following additional terms and conditions apply to lnternational Voice Service, and are incorporated herein by reference: the General Terms Applicable to All SeMces, Domestic and lnternational Voiceand Local Access sections in the DT&C. Wren you getto the DT&C, the first portion (Section l) are the General Terms Applicable to All Services that we include in the Agreement for all business customerc. Also applicable for the lntemational Voice Servce are the Domestic and lnternational Voice Senace, and Local Access Service-specifcsectionsinSectionll oftheDT&C. YoucanclickonthesectionnamesintheTableofContentstogostraighttothese applicable sections. 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 &rndle or Service Details. The rates for Local Access Service and CPE Purdrase may be subject to valid quote forms, which control if theyconflictwith the rates listed on this SummaryPage, all of which aresubjectto change. 2.2 Additional Charges. Additional charges may apply. Rates and drarges for Service elemenb 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 othe r similar charges. 4. Term and Termination. 4.1 Term. This Agreement is effective on the date all parties haue signed below ("Effective Date") and continues until expiration of all Orders piaced under this Agreement. Service Terms begin on their Start of Service Date and automatically renew unless terminated by either pafi. The Stari of Service Date, renewal periods and rens,val period rates are described in the DT&C, Bundle or Package Provisions, SeMce Provisions, or in an applicable Tariff, RSS or lSS. 4.2 Termination. lf Customer giws notice of cancellation or termination, disconnects any portion of a Service or otherwise breaches this Agreement resulting in the termination of a SeMce before the end of the applicable Service Term, Cancellation Charges will apply as setforth in the applicable terms and conditions. 6. Amendments. Al Centurylink's sole discretion, the parties may amend the Agreement to add additional Centurylink services. Except as otherwise expressly permitted in the Agreement, amendmenE must be in writing and signed by both parties' authorized representatiles. CUSTOMER: CITYOF BOZEI AN - MT CENTURYLIN K SALES SOLUTIO NS, INC. Tifle Date Title 91 1 EMERGENCY SEMfl CE ACKNOV\ILEDGM ENT : Date Customer hitiab;I ACK}.IOWLEDGETHAT IHAVE READAND UNDERSTANDTHE9ll LIMITATIOI.IS INTHE"911 EMERGEI.TCY SERI/ICE9VOIP'' SETI6frEF_THE TERMS AND CONDITIONS APPLICABLE TO ALL SEHVICB, AND IN THE PROVISIOT.IS APPLICABLE TO MYVoIP SEFtl/lCE('VolP PROVlSlOtlS") lN THE DT&C AT aleJ*-Ejr.eattlr!:!;n3{.g4:x/6q 1 7 . Customer's Address for Notices: 121 N Rouse Ave, Aftn: Scott McMahan, Bozeman, MT 597'1 5; Customer's Facsimile Number: (4ffi) 582 - 2277 Authorized Signature Op lD #: 53664613 . Contract Co&:490003 Page 2 of6 CONHDENTIAL @ Centurylink. All Rights Reserved. CGT R.v73.030'117151 CENTURYLINie TfiAL ADVANTAGET E<pnSS - AGREEMENT - Summary Page TERMS AND CONDITIONS '1. Additbnal Terms and Oondltlons. Custoner understands that the DT&C and other prwisions identffied in thb Agreenent (Ofier Ptov6ions') contain additional irportant terms and conditions that appty to the Services, ircluding, annng other things, confidentiality obligations, disclaintr of warranties, indenurif ication, shorfall charges, ninimu noservice terrs, ealy tamination charges, and jury-trial and class-action waiver. 2. Paymeilt. Custoncr rrust pay all charges w thin 30 drys d the invobe date e<cept for CentlryLink QC chages, whidr Customer nust pry by the drc date on the irvobe. Charges nd paid by heir due date are subjed to late paynent chage d he lesser d 1.5o/o per nnnth or the nax imum rate alloived by laiv or reqrired by Tartt.ln addition to prynEnt of chages fr Services, Custoner rrurst abo pry CenturyLink ary applic*le Taxes (whbh b ddired in the DT&C and nny include surcharges, fees, and other similar charges) assessed in cmnectionw th Servbes. Custoner's paynents to CenturyLink nust be in the f orm of electonic f urds tarsfer (via wire trarsfer o ACH), cash prynents (via previorsty-apprwed CenturyLink processes only), or papa check. 3. l.lotices. (a) All noiices must be in writing. Mtices are deened given if sent to the addressee specfied for a par! either (i) by registered or certified U.S. nrail, return receipt requested, pctage pepaid, three days dter such neiling; or (ii) by national wernight courier servbe, next bminess dry; or (iii) by f rcsintle w hen delivered if duplicate notice b also sent by regular U.S. tvlail. (b) Servie Noties. All CustonBr notices for Service disconnect and ternination rrust be sent via e-mail to: CenturyLirk, Attn.: BusinesgD{qconnecb@celturvlink.com, except thatfor Seryices purchased under the CPE Products & Servbes; Prdessional Servbes Sectbn of the DT&C GrstonBr notice must be provided b thecusbrer cae nunder speclied on Custontr's invoice, and mustcontain the rccq:nt narne, account nunter, identif ication of the Servbe(s), and Seruice address(es). Srch disconnect and termination is effective 30 days after Centurylink's recdpt of the notice, unless a longer period is dherwbe required by Sevbespecfic TernE and Conditions beloiv. Custoner's notice of non-rensrvalfor Servbes must be sentvia e-nnil to: C.enturyLink, Attn.: CenturyLink l.loRens,v, e-rmil: liorenqry@centlndioh.com. All CustonBr noticesfor otherroutine operational noiiceswill be prwided to ib CenturyLinksales representative. Failure to prwide disconnect, termination and non+enaral notices in accodancewith the terms d this Agreenent nEy result in continued charges, ard CenturyLinkwill not creditcharges for such norcorpliance. (c)tegal ttotie.All legal noticesrequiredtobegivenundertheAgreenentwill beinwritingandprouidedto@nturyLinkatg3l 14hStr.,#900,Denver, C,O80202; Fax: 888-77&0054; Attn.: Legal Dept., andto Custoncr a prwided in theAgreencnt orin its *serce, to Custoner's address rdlected in CenturyLink's records Attn. General Counsel. 4. Credit Approval. frouision d Services is subject to CenturyLinks credit appro/al of Custonrr. As part d the credit approval process, C,enturylink rnay require CustonBr to pwide a depcit or dher securitT. Additionally during the Term, if CustonEr's financial circunrstance or payrnent history becorrcs reason*ly unffieptable to CenturyLink, Centurylink rnay require adequate csurarpe d future prynent as a condition of continuing C,enturyLink's provision d Servbes. Custoner's failure to provde adequate assuances required by CenturyLink is a nraterial breach of the Agreenent. CenturyLink rmy provide CustonBr's prynent history or other billing/charge infornetion to credit reporting agencies or indwtry clearinghouses. 5, EIisclaineTof WaTanties. E(CEPTAS E(PRESSLY PROVIDED INTHEAGREEMENT, ALLSERVICESANDPRODUCTSAREPROVIDED"ASls." CENTURYLINK DISCLAIN4S ALL E(PRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL \(ARRANTIES OF MERCHANIABILIIY, FITNESS FOR A PARTCULAR PURPOSE AND NOI+INFRINGEMENT. CENTURYLINK IVIAKES NO WARMNTIES OR REPRESE].{TATIONS TI-AT AI{Y SERVICE WILL BE FREE FROM LOSS OR LlABLIry ARSING OUI OF HACKINIG OR SIMILAR T\4ALICPUS ACTMITY, ORAI.IY ACT OR OMISSION OF THE CUSTOMER. 6. Limitations ol Liabilfty. The renBdies and limitations of liability for arry clain"s arising between the parties aresetforth belo,v.(a)Conseqtrntial lhnrages. NEIHER PARTY OR rS AFFILIATES, AGENTS, OR CONIMCTORS lS LABLE FOR AtlY @NSEQUENTAL, INCIDENIAL, INDIRECT, SPECAL, OR PUNITME DAIVIAGES OR FOR AT.IY LOST PROFITS, LOST REVENUES, LOST DATA, LOST BUSINESS OPPORTUNITY, OR COSTS OF COVER THESE LIMITATONS APPLY REGARDI-ESS OF THE LECAAL THrcRY UNDER WHCH SUCH LIABILITY IS ASSERTEDAND REGARDLESS OF FORESEEABILTTY. (b)Clains Relded to Servies, For Custoner's clainrs related to Service ddbiencies a interruptiors, Cnstoner's exclusive renedies are limited to: (a) those renedies setforth in the SLA for the affected Service or (b) the total MRCs or usage chages paid by Cnstorrer for the affected Servbe in the one nronth imnediately preceding the s/ent giving rbe to the claim if an SLA does not app!. (c)Personal lnlury; Death; Property tlamages. For claina arising out of personal injury or death to a party's enployee, or danege to a party's real or personal property, that are caused by the other partys negligence orwillful r$scondud in the perfornnnce d the Agreenrent, each party's lability is limited to proven direct danages. (d)Other Direct Damages. For all other clain'6 arising out d tle Agreenent, each party's nnxintrm liability will not exceed in the aggregate the total MRCs and usage charges paid by Custonrr to CenturyLink under the AgreenEnt in the three nronths imnediately preceding the event giving rise to the claim ("&rnage Cap"). The Damage Cap w ill not apply to a paty's indernnif ication obligations or Custoner's paynEnt obligations under theAgreenent. 7. 91 1 Energency Seruies-VolP. You are purchasing a VolP service (Hosted VolP and CenturyLink lQ S lP Trunk Service, Analog VolP Service, SIP Trunk Service, tvlanaged Clfice Service, fvlanaged Office Essentials, Core Connect, or liCS Service) from CenturyLink. The Federal Communications Conmission (FCC) requires us to irform you about pcsible limitations to 91 1 access when rcing VolP VolP is provirled through an lnternet connection rather than over the traditional phone netw ok. This presents special challenges for 911 servbe. h is inportant for you to understand those challenges and your responsibilities. Belory ae some speclic linitations of 91 1-callingwith yorrservice. Please see additional inportant limitations in the VolP Provisions. CENTURYLINKRECOMMENDSTHATYOUAIDYOURENDTTSERSALWAYSHAVEANALTERMTIVEMEANSOFACCESSII'|G911 SERVICS. POIEI{TNLLY TIAZARDqJS SIIUATION WHICH IF NOT AVOIDED COIJII' REST'LT IN DEATH OR SERIOT'S IN'URT. PEASiE READTHISSECTONCAREFULLY AND ININALTHE9llACKM)WI.EDGEMENT. (a) Locdion Linitations. (ircluding choice d blephone nunter (TN)). 91 1 errergency services nay not be arailable or rnay be sent to an incorrect energency servbe provider under certain circurnstarces, including: (i) when your servbe is initially installed - on ar/emge less than 24 hours, but possibly up b 72 hours due to the tine required to update 91 1 databases; (ii) if you l.rse yow service at a location other than where it was originally installed, or if you rpve yorf, handset or sdt phone ('Device') withoutfollorving processes designated by OenturyLink. l,lote: Sone, but not all, CenturylinkVolPservbesallo,vtefiporaryrrpvescf yourDevice. lftenporarynpvesaeperrntted,yourVolPfrovisionsincludethepr@essrequired to tenporarily change your 91 1 address. The FCC nnakes it vour responsibilitv to keep your laation address updated in Centurylink's 91 1 records; (iii) if you select a TN assmiated with a geog aphy other than your physbal location (e.9., you chce a Colorado TNw hen you are loated in Calif ornb). (b) Other Linitations. 9'1 1 dialing from your VolP Service might fail for reasors other than physical location. For exanple, the servbe may fail or becor,c degradedfor reasons, sr,rch as (i) porer outages, CPE failure (e.9., lnternet connectiriity routers, your data netryork and equipnent, Custonrer prernises swibhes and routes, and other Devces), cable cuB, or any ssvice or broadband outage or deEadation (including f ailures caused by suspension or terndnation of the Servbe); (ii) nnintenance or repairwork; or (iii) if your area does not have 9'1 1 enprgency servbe. (c) VolP Service-SpecIic Linitations. PBMAD (Analoo VolP. lnEorabd Acess. 9P Trunk) lf your VolP Service is used w ith a PBX or AO depending on the technical capabilities d the PBX or AD and the options you choce to deploy, the nunter delivered to an erErgency servbe provider nny be differentfromthe nunter the caller believes is being delivered. For exanple, a general PBX nunber rey be delivered rather than a station nunber on a particular f loor. ln this case, the nunber sent to the erergensy servbe pro/ider will not be suff iciently specf ic to lmate the ste of theeffergencyonaparticulafloor.Thererrptebridgedlineappearance Op lD #: 53664613 Contract Code: 490003 Page 3 of6 CONEDEMNAL O CenturyLink. All Rights Reserved. CGT R.v73.030117 ABNING 152 CEI{TURYLINt€ rOral ADVANTAGET O<pRESS - AGREEMENT - Summary Page ("BLA") or shared call appeararce ('SCA') VolP functionality for the VolP Service allorvs O.rstoner to program its equiprrent to ring in 2 separate locations when a single phone nunber is dialed (i.e., the end user's hotse and business). Wtren Custoner npves from one location (ard ringing prentses) to another location, Custoncr rrust provide C.enturyLinkw ith its accurate service addess. Cr.rstoner rrust keep its CenturyLink"Appoved 91 1 Location identified in the service portal up-b-datewith the address cf its curent location. Failure to update the Centurylink-Apprwed 91 1 Locationwith the nsrv addess location w ill pranent Custoner's calls from routing to the corr€t PSAP. Custoner should not use the VolP Service at the nal location until Custoner has received a confirration enrail at its address d record. Custoner's address has not charged until CenturyLink has conpleted the 911 Update lnterval. CenturyLink does not support Remote BLAs or Rennte SCAs on lP Devices used with any other CenturyLink VolP service regardless wheher sucfr servce includes Hosted VolP in the package or bundle. Voioe Mdl Onlv Seats (llosEd VolP. CenturvLink lQ" SIP Trunk) 911 dialing is not supported f or VolP seats not associated with e stationary Device (f or exanple, f rom Vobe lvlail Only Seats), unless you use another Device to place the call via theclick tocall featue in your End userportal. tbe of SlPTrunk Diversion lbaders on 911 Calb (SlPTrunk onl$ Custonernny only useSlPTrunkDversionFleaderswhenusingtheCall ForwardingfeatuewithVolPService. Custonershall notsendSlPTrunkDiversionFleaderson all calls,andinparticularslnll neversendSlPTrunkDiversionl-leaderson9llcalls. SendingSlPTrunkDversionFleadersona9lcall maycaLEe the call to route to the incorrect PSAP, or to the correct PSAPbutw ithout the conect Custoncr phone nunber and location infornution. 9t'l Calls ,rom Alien TiG (SlP Trunk onl0 \Mren a 911 call is nede from an Alien TN, Centurylink cannot identify the leation d the caller to foovard to the appropriate PSAP Centurylinkwill therdoresend any Custoner 91 1 calls originated from an Albn TN to a live operator at a third-party contracted national 91 1 center. CenturyLinkischagedafeeforeachsnchcall (curent!$75.00percall),andwill passthechargesontoCustoner. Toavoid incurring these charges, Custoner and its End Llsers should not rnake 91 1 calls from Alien TIt . (d) Additional Information. \Mren you call 91 1, you should alivays sbte the nature d your energercy and povide your location and phone nurber. ln sone cases, the energercy servbe povider will be unable to call you back if yow call does nd @nplete or is dropped s disconnected, or I you are unabletotell theenergencyprrovkJeryournunberandplrysbal location. Additional limitationsspecifbtoyourVolPServiceareinyourVolPProvisions. 8. Entirc Agrcement. This Agreenent, including DT&C, Other Provisions, and any CenturyLink-accepted Orda Forn's corstitute the entire agreerent betrveen the parties. This Agreenent supasedes all prior oral orwritten agreenEnts or understandings relating to the sane service, porb, or circuits at the sane locations as covered unda this Agreenent. Capitalized ternr"s are ddined in the DT&C and Other frovisions. 9. Purchase Orders. ThisAgreenentcontrob o/er any CustonBr-issued purchase order, and any ternt or conditions contained in a Custoner-issued purchase order or other Custoner ordering daunent w ill have no f orce or df ect. 10. Uniform Bsource Locabrs (UFLS). References to URLs in this Agreenent include any successor URLs designated by C.enturyLink. Op lD #: 53664613 Contract Code: 490003 Page 4 of6 CONHDENTIAL O CenturyLink. Al Rights Rmerved. CGT R.v73.030117153 LIMITED LETTER OF AGENCY between CITY OF BOZEMAN - MT ("Customer") and CenturyLink Communications, LLC f/k/a Qurest Communications Company, LLC ("CenturyLink") This limited letter of agency ('LOA') hereby authorizes Centurylink to act as tlre Customer's agent for the limited purpose of contacting Custome/s designated Local Exchange Carrier (l-EC'), lnterexchange Carrier ('lXC"), lnternet SeMce Provider ('lSP), or customer premises equipment ('CPE) maintenance proMder in onjunction with Centurylink Network Management Services. Service activities will consistofworkingwithCustomeisLEC, lXC, lSP,and/orCPEmaintenanceproviderforthepurposeot (a)e*ractinginformation concerning transmission data elemenb carried orer Customer's network connection; (b) identiling Customer's links or data li nk connection identifiers ("DLCls"); (c) openirg, tracking, and closing trouble ticke8 with the LEC, lXC, lSP, or CPE maintenance provider on Customer's transport links or CPE when an alarm or fault has been detected; (d) dispatching CPE repair personnel on behalf of Custorner to CPE for whidr a fault has been detected; and (e) discussing fault information with the LEC, IXC or CPE maintenance provideron behalf of Customerto facilitate resolution of the problem. Centurylink does notassume anyof Custome/s liabilities associated with anyof the services the Customermayuse. The term of this LOA will commence on the date of execution below and will continue in full force and effect until terminated with 30 dap written notie byone party to the other or until the expiration or termination of the Network Management SeMce. Acopyof this LOAwill, upon presentation to LEC, lXC, lSP, and/or CPE maintenane provider, as applicable, be deemed authorization for Centurylink to proceed on Customer's behalf. CITY OF BOZEMAT.I - MT Customer Company Name Arthorized Signature of Customer Print or Type Name Title Date 154 G ENTU RYL IN IE TOTAL A DV ANTAGE@ E(P R SS AGR EEII' ENT TEC HN ICAL D ES I GN I t{T ERVI EII' AC KNOW L EDGEM ENT TECHNICAL DESIGN INTERVI EW ACKNOWLEDGMENT FORM This Acknowledgment on the date t party signs it (the '1 become part of the Agreernent. All other terms and onditiorre in the Agreernent will rernain in full force and effect and be bindirq upon the parties. This Acknowledgment and the Agreement set forttr the entire understandlng between the partie as to the subject matter herein, and in the event there are any inconsistencies between the &cuments, the order of precedene in decending order of control will be: this Acknowledgment and the Agreanent. Using Centurylink's dec*ronic sigrnture process for the Acknowledgment is aceptaUe . CITY OF BOZEMAN - MT CenturyLink Communications, LLC Ar.rthorized Sig nature Name Typed or Printed Name Tped or Printed Date Title Customer Name: CITY OF BOZEMAN - MT Sales Force Opportunity lD Number or Contract lD Number: Op lD #:53664613 Contract Code:490003 Page 6 of6 CONHDENTIAL @ CenturyLink. All Rights Reserved. CGT v1 .A31716 Date 155