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HomeMy WebLinkAbout17- Agreement - CenturyLink - IQ Managed Data Bundle Services Customer Name:CITY OF BOZEMAN-MT` CenturyLink- Quote#:0-00108889' Quote Generation Date; 3/27/2017 4:21:48 PM Business Cutoff Date:5N12017 Currency:USD Customer Information Account Information Prepared By Name:CITY OF BOZEMAN-MT Billing Account: Primary Contact: Billing Address: Name:Ed Hassell Billing Contact: Phone: Phone:4065822300 Email:ed.hasseil@centurylink.com Email: CTA Express/Pramata Contract ID#:NEW Quote Pricing Table Product Type Qty Location Service Address Service Details Service Attributes Term MRC NRC Waived NRC (Months) Select Adtran 24x7 IQ Managed New 1 20 E OLIVE ST IQ Networking 5 Mbps 36 $235.00 $0.00 Data Bundle BOZEMAN MT Port-Private Tiered Months 5M Months Credited:1 Month Local 20 E OLIVE ST ELA Native CenturyLink(CLPA) 36 Access New 1 BOZEMAN MT Single-CoS Low Fast E Months $200.00 $500.00 $500.00 Select Adiran 207 IQ Managed New 1 121 N ROUSE AVE IQ Networking 5 Mbps 36 $235.00 $0.00 Data Bundle BOZEMAN MT Port-Private Tiered Months 5M Months Credited:1 Month Local 121 N ROUSE AVE Et.A Native CenturyLink(CLPA) 36 Access New` 1 BOZEMAN MT Single-CoS Low Fast E Months $200.00 $500,00 $500,00 Service Sub Total: $870.00 $0.00 Terms and Conditions for CenturyLink IQ Managed Data Bundle Offer. CenturyLink IQ Managed Data Bundle is a bundle composed of the following services:(a)CenturyLink IQ Networking(b)Local Access and(c)Rental CPE and(d)Network Management Service. The bundle type appears in the first"IQ Managed Data Bundle"row under the"Service Attributes"column.The details for CenturyLink IQ Networking appear in the first"IQ 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"IQ 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"IQ 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 IQ Managed Data Bundle MRC and NRC. CenturyLink provides CenturyLink IQ 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/v15.pdf and(b)the CenturyLink IQ Networking, Local Access, Rental CPE, and Network Management Service service-specific sections in"Section II.Additional Service-Specific Terms and Conditions"of the Detailed Terms and Conditions("DT&C")at: http://www.centurylink.com/legal/DTC/v73.pdf. Pricing Table Product Type Qty location Service Address Service Details Service Attributes MRC NRC Waived NRC F(,T"m onths) Opportunity ID#:53664613 Page 1 of 5 ©CenturyLink.All Rights Reserved. CONFIDENTIAL Customer Name:CITY OF BOZEMAN-MT CenturyLink- Quote 1 4:21:4Q-00108PM 889 i Quote Generation Dale: 312712017 4:21:48 PM Business Cutoff Date:611/2017 Currency:USD Seat Band: IQ SIP Trunk New 1 20 E OLIVE ST 151+Seats 36 $0.00 $0.00 BOZEMAN MT Total Session Band: Months 1-100 Sessions and rd 36 New 15 Session Months $195.00 $0.00 36 New 242 Standard Seal Months $60.50 $0.00 Seal Band: IQ SIP Trunk New 1 121 N ROUSE AVE 151+Seals 36 $0.00 $0.00 BOZEMAN MT Total Session Band: Months 1-100 Sessions New 15 Standard 36 Session Months $195.00 $0.00 New 242 Standard Seat Months $60.50 $0.00 Service Sub Total: $611.00 $0.00 Terms and Conditions for IQ SIP Trunk Service CenturyLink IQ SIP Trunk terms and conditions are located in the"CenturyLink Hosted VoIP and CenturyLink IQ SIP Trunk"(Broadsoft Platform)service-specific sections in"Section II.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"IQ SIP Trunk Service Additional Terms"below. In the event customer chooses to move, add,change or delete an IQ SIP Trunk or a portion of such Service, Customer must access the VoIP portal at https://centurylink.com/voip to place orders. Modifications made by Customer in the VoIP portal may impact pricing for Services ordered under this Quote. CenturyLink IQ SIP Trunk Service Additional Terms: 1. CenturyLink IQ 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.centur-ylink.com/legal/IQSIP/ALaCarteRatesvl.pdf. In 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. 1.1 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 VoIP 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 LDfTF 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 EMERGENC ERVICE ACKNOWLEDGMENTS: Customer Initials: I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE 911 LIMITATIONS IN THE"911 EMERGENCY SER ES-VOIP" SECTION OF THE TERMS AND CONDITIONS APPLICABLE TO ALL VoIP SERVICES,AND IN THE PROVISIONS APPLICABLE TO MY VoIP SERVICE("VoIP PROVISIONS")IN THE DT&C AT http://www.centurylink.com/legal/DTC/v73.pdf. VPC Credit Offer Table(see Terms and Conditions below) Product Service Address Service Details Service Attributes Term Credit Amount per Month Credit Period (Months) Opportunity ID#: 53664613 Page 2 of 5 ©CenturyLink.All Rights Reserved. CONFIDENTIAL Customer Name:CITY OF BOZEMAN-MT 'CenturyLink Quote#:0.00108889 Quote Generation Date: 3/27/2017 4:21:48 PM Business Cutoff Date:5/1/2017 Currency:USD Select Adtran IQ Managed 20 E OLIVE ST IQ Networking Port 24x7 36 Data Bundle BOZEMAN MT -Private 5 Mbps Months $235.00 1 Month Tiered 5M Months Credited:1 Month 20 E OLIVE ST ELA Native Single- 36 Local Access CenturyLink(CLPA) BOZEMAN MT CoS Low Fast Months $200.00 1 Month Select Adtran IQ Managed 121 N ROUSE AVE IQ Networking Port 24x7 36 Data Bundle BOZEMAN MT Private 5 Mbps Months $235.00 1 Month Tiered 5M Months Credited:1 Month 121 N ROUSE AVE ELA Native Single- CenturyLink(CLPA) 36 Local Access BOZEMAN MT Cos Low FSME Months $200.00 1 Month Total Credits per Month for All Eligible $870.00 Bundles/Packages/Service: Terms and Conditions for VP Checkbook Credit Offer("VPC Credit Offer"). Customer is eligible to receive the credits on the Eligible Bundles, Packages or Service listed in the VPC Credit Offer Table(s). If 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: hftp://www.centurylink.com/legal/rmgctaeNPCCredit.pdf. CenturyLink reserves the right to amend these terms and conditions effective upon posting to the Web site. 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. If 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. Opportunity ID#: 53664613 Page 3 of 5 ©CenturyLink.All Rights Reserved. CONFIDENTIAL customer Name:CITY OF BOZEMAN-MT Centu ryLi n k- Quote#:Q•00108889 Quote Generation Date: 3/27/2017 4:21:48 PM Business Cutoff Date:5/1/2017 Currency:USD Customer:CITY OF BOZEMAN-MT Centur ' k ajqfiS,0I Ions, Inc. Authorized Si ature Authorized Signature Name Typed or Printed Name yped or Printed l._c t ACCJV .- Title Title --7-11-1 zz�z 7 )/( -? /I ) Date Date Service(s)Total for Services priced In this Quote Monthly Recurring Non-Recurring Charges($) Charges($) Total $ 1,381.00 $0.00 Opportunity ID#: 53664613 Page 4 of 5 ©Centuryl-ink.All Rights Reserved. CONFIDENTIAL Customer game:CITY OF BOZEMAN-MT entury i Quote 0:0-00108889 Quote Generation Date: 3127/2017 4:21:48 PM Business cutoff Date:6/1/2017 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 I. General Terms and Conditions of the Detailed Terms and Conditions("DT&C")at: hftp://www.centu!ylink,com/leaal/DTC/v73.pdf,(b)the service- specific terms and conditions applicable to the Services in "Section II. Additional Service-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. If Customer changes any of the Bundle or Service Details or moves a Service Address, these 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 purposes 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). � 1 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 if 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 specific 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. If 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 service 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. " Opportunity ID#: 53664613 Page 5 of 5 ©CenturyLink.All Rights Reserved. CONFIDENTIAL CENTURYLINK®TOTAL ADVANTAGE°' EXPRESS—AGREEMENT—Summary Page This CenturyLink®Total Advantage® Express Agreement is between CenturyLink Sales Solutions, Inc. as contracting agent on behalf of the applicable CenturyLink company providing the Services under this Agreement ("CenturyLink") and CITY OF BOZEMAN - MT ("Customer" or"You"). The name of the CenturyLink operating company providing Services to Customer is listed in the service-specific terms and conditions.CenturyLink may withdraw this offer if Customer does not execute and deliver the Agreement to CenturyLink on or before May 16,2017("Cutoff Date").Using CenturyLinKs electronic signature process for the Agreement is acceptable. 1. Services. CenturyLink provides Services under the terms of this CenturyLink Total Advantage Express Agreement and Summary Page including (a) the Terms and Conditions following the signature block, as more fully described in "Section I. General Terms and Conditions" of the Detailed Terms and Conditions ("DT&C") at: httpJ/www.centuMink.comAeaal/DTC/v73.pdf, (b) the service-specific terms and conditions applicable to the Services in "Section Il. Additional Service-Specific Terms and Conditions"of the DT&C, and (c) the supplemental terms and conditions (if any) for which links have been provided below the pricing table(s) in this Agreement or in a valid CenturyLink quote that references this Agreement (collectively the "Agreement.") Provisions that are applicable to a specific CenturyLink company are so indicated.All general provisions are applicable to services provided by the CenturyLink company p roviding the Services under this Agreement. For an interim period of time until all work is completed to update the Service-specific provisions, various on-line offer provisions, Tariffs and other terms and conditions incorporated by attachment or reference into this Agreement, al I references to Qwest Communications Company, LLC mean CenturyLink Communications, LLC f/k/a Qwest Communications Company, LLC. The following Services are Incorporated Into the Agreement: MANAGED DATA BUNDLE 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 set forth in the quote. CenturyLink provides Services under these additional service-specific terms and conditions incorporated into the Agreement by this reference:(a)Manged Data Bundle provisions ('Bundle Provisions")found at http://www.centuMink.comAegal/rmgctaertndbM4.adf and (b)the CenturyLink IQ Networking,Local Access and Rental CPE service-specific sections ("Service Provisions")in the DT&C. --------................................-..............................................---......................--..........--..........--.............. Domestic CenturyLink IQ® Networking Pricing 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 Domestic CenturyLink IQ Networking Service Term, as well as the Service Term and Pricing for any ancillary services,is set forth in the quote. The following additional terms and conditions apply to Domestic CenturyLink IQ Networking, and are inocrporated herein by reference: the General Terms Applicable to All Services, the domestic CenturyLink IQ Networking section, the Local Access section, and if applicable as part of a CenturyLink IQ+Port, the Rental CPE section in the DT&C. --------------------------------_----------------------------------------------------------------------------------------------------------------------- HOSTED VOIP SERVICE and CENTURYLINK IQ®SIP TRUNK SERVICE CenturyLink will charge Customer,and Customer will paythe rates set forth below and in a valid signed CenturyLink issued quote for Service,if available,which will reference this Agreement. If a quote is used,the Service Term is set forth in the quote. CenturyLink provides Services under these additional service-specific terms and conditions incorporated into the Agreement bythis reference:the CenturyLink®Hosted VolP and CenturyLink IQ®SIP Trunk service-specific section("Service Provisions")in the DT&C. ---------------------------- -------------------------------------------------------- CenturyLink IQ®SIP Trunk Service CenturyLink IQ SIP Trunk Pricing.CenturyLink will charge Customer and Customer will paythe rates set forth below and in a valid signed CenturyLink issued quote for Service,which will reference this Agreement.The Initial Term is set forth in the quote. CenturyLink IQ SIP Seat Pricing. Seat pricing tables are found in the Rate Sheet for SIP Trunk Service located at htto://www,centurviink.com/leqal/IQSIP/ALaCarteRatesvi.od CenturyLink IQ SIP Trunk Additional Charges. Please see the Rate Sheet for SIP Trunk Service for additional charges, which includes the terms and pricing for the LD/TF Offer,and Upgrade/MACD charges and other charges. CTAC Customer Support. Charges are not prorated. Service is subject to availability. Charges for CTAC customer support are located in the Rate Sheet for SIP Trunk Service. Op ID#:53664613 Page 1 of 6 ©CenturyLink.All Rights Reserved. Contract Code:490003 CONFIDENTIAL CGT R.V73.030117 CENTURYLINK°TOTAL ADVANTAGE®EXPRESS—AGREEMENT—Summary Page TERMS AND CONDITIONS 1. Additional Terms and Conditions. Customer understands that the DT&C and other provisions identified in this Agreement ("Other Provisions") contain additional important terms and conditions that apply to the Services, including, among other things, confidentiality obligations, disclaimer of warranties,indemnification,shortfall charges,minimum-service terms,early termination charges,and jury-trial and class-action waiver. 2. Payment.Customer must pay all charges w thin 30 days of the invoice date except for CenturyLink QC charges,which Customer must pay by the due date on the invoice.Charges not paid by their due date are subject to late payment charge of the lesser of 1.5%per month or the maximum rate allowed by law or required by Tariff. In addition to payment of charges for Services,Customer must also pay CenturyLink any applicable Taxes(which is defined in the DT&C and may include surcharges,fees,and other similar charges)assessed in connectionw th Services. Customer's payments to Centuryl-ink must be in the form of electronic funds transfer(via wire transfer or ACH),cash payments(via previously-approved CenturyLink processes only),or paper check. 3.Notices. (a)All notices must be in writing. Notices are deemed given if sent to the addressee specfied for a party either(i) by registered or certified U.S. mail, return receipt requested, postage prepaid, three days after such mailing; or (ii) by national overnight courier service, next business day; or (iii) by facsimilew hen delivered if duplicate notice is alsosent by regular U.S. Mail. (b) Service Notices. All Customer notices for Service disconnect and termination must be sent via e-mail to: Centuryl-ink, Attn.: Business Disconnectssna centurvlink.com, except that for Services purchased under the CPE Products &Services; Professional Services Section of the DT&C Customer notice must be provided to the customer care number specfied on Customer's invoice, and must contain the account name, account number,identification of the Service(s),and Service address(es).Such disconnect and termination is effective 30 days after CenturyLink's receipt of the notice, unless a longer period is otherwise required by Service-specfic Terms and Conditions below.Customer's notice of non-renew al f or Services must be sent via e-mail to: CenturyLink, Attn.: Centuryl-ink NoRenew, e-mail: Norenew0)centw fink.com. All Customer notices for other routine operational notices will be provided to its Centuryl-ink sales representative. Failure to provide disconnect, termination and non-renewal notices in accordance with the terms of this Agreement may result in continued charges,and Century Link will not credit charges for such noncompliance. (c)Legal Notice.All legal notices required to be given under the Agreementw ill be in writing and provided to Century Link at:931 14"Sir.,#900,Denver, CO 80202; Fax:888-778-0054;Attn.: Legal Dept., and to Customer as provided in the Agreement or in its absence,to Customer's address reflected in CenturyLink's records Attn.General Counsel. 4. Credit Approval. Provision of Services is subject to CenturyLink's credit approval of Customer.As part of the credit approval process, Centuryl-ink may require Customer to provide a deposit or other security. Additionally during the Term, if Customer's financial circumstance or payment history becomes reasonably unacceptable to CenturyLink, Centuryl-ink may require adequate assurance of future payment as a condition of continuing CenturyLink's provision of Services.Customer's failure to provide adequate assurances required by Centuryl-ink is a material breach of the Agreement. CenturyLink my provide Customer's payment history or other billing/charge information to credit reporting agencies or industry clearinghouses. 5.Disciainerof Warranties. EXCEPTAS EXPRESSLY PROVIDED INTHEAGREEMENT,ALL SERVICESAND PRODUCTS ARE PROVIDED"ASIS." CENTURYLINK DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL V%ARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CENTURYLINK MAKES NO WARRANTIES OR REPRESENTATIONS THAT ANY SERVICE WILL BE FREE FROM LOSS OR LIABILITY ARISING OUT OF HACKING OR SIMILAR MALICIOUS ACTIVITY,ORANY ACT OROMISSION OF THE CUSTOMER. 6.Limitations of Liability.The remedies and limitations of liability for ary claims arising between the parties are set forth below. (a)Consequential Damages. NEITHER PARTY OR ITS AFFILIATES, AGENTS, OR CONTRACTORS IS LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS, LOST REVENUES, LOST DATA, LOST BUSINESS OPPORTUNITY, OR COSTS OF COVER THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF FORESEEABIL ITY. (b)Claims Related to Services. For Customer's claims related to Service deficiencies or interruptions,Customer's exclusive remedies are limited to:(a) those remedies set forth in the SLA for the affected Service or(b)the total MRCS or usage charges paid by Customer for the affected Service in the one month immediately preceding the event giving rise to the claim if an SLA does not apply. (c)Personal Injury;Death;Property Damages. For claims arising out of personal injury or death to a parry's employee,or damage to a party's real or personal property, that are caused by the other party's negligence or willful misconduct in the performance of the Agreement, each party's lability is limited to proven direct damages. (d)Other Direct Damages. For all other claims arising out of the Agreement, each party's maximum liability will not exceed in the aggregate the total MRCS and usage charges paid by Customer to Century Link under the Agreement in the three months immediately preceding the event giving rise to the claim("Damage Cap").The Damage Cap w ill not apply to a party's indemnification obligations or Customer's payment obligations under the Agreement. 7.911 Emergency Services-VoIP. You are purchasing a VolP service(Hosted VoIP and CenturyLink IQ SIP Trunk Service,Analog VoIP Service, SIP Trunk Service, Managed Office Service,Managed Office Essentials, Core Connect, or HCS Service)from CenturyLink. The Federal Communications Commission(FCC)requires us to informyou about possible limitations to 911 access when using VoIP. VolPis provided through an Internet connection rather than over the traditional phone network. This presents special challenges for 911 service. It is important for you to understand those challenges and your responsibilities. Belau are some specfic limitations of 911-calling with your service. Please see additional important limitations in the VoIP Provisions. CENTURYLINK RECOMMENDS THAT YOU AND YOUR END USERS ALWAYS HAVEAN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES. WARNING POTENTIALLY HAZARDOUS SITUATION WHICH IF NOT AVOIDED COULD RESULT IN DEATH OR SERIOUS INJURY. PLEASE READ THIS SECTION CAREFULLY,AND INITIAL THE 911 ACKNOWLEDGEMENT. (a) Location Limitations. (including choice of L-lephone number(TN)). 911 emergency services may not be available or may be sent to an incorrect emergency service provider under certain circumstances, including: (i)when your service is initially installed - on average less than 24 hours, but possibly up to 72 hours due to the time required to update 911 databases; (ii) if you use your service at a location other than where it was originally installed, or if you move your handset or soft phone ("Device')w ithout follow ing processes designated by CenturyLink. Note: Some, but not all, CenturyLink VoIP services allow temporary moves of your Device. If temporary moves are permitted,your VoIP Provisions include the process required to temporarily change your 911 address.The FCC makes it your responsibility to keep your location address updated in CenturyLink's 911 records;(iii) if you select a TN associated with a geography other than your physical location(e.g.,you chase a Colorado TNw hen you are located in Calif orne). (b) Other Lin nations. 911 dialing from your VoIP Service might fail for reasons other than physical location. For example, the service may fail or become degraded for reasons,such as(i) paver outages, CPE failure (e.g., Internet connectivity routers,your data netrwork and equipment, Customer premises switches and routers, and other Devices), cable cuts, or arty service or broadband outage or degradation (including failures caused by suspension or termination of the Service);(ii)maintenance or repairwork;or(iii)if your area does not have 911 emergency service. (c) VoIP Service-Specific Limitations. PBXAAD (Analog VoIP. Integrated Access, SIP Trunk) If your VoIP Service is used w ith a PBX or AD, depending on the technical capabilities of the PBX or LAD and the options you choose to deploy,the number delivered to an emergency service provider may be different from the number the caller believes is being delivered. For example, a general PBX number may be delivered rather than a station number on a particular floor. In this case, the number sent to the emergency service provider will not be sufficiently specific to locate the ste of the emergency on a particular floor. Remote BLA/SCA(Hosted VoIP,Managed Office.Managed Office Essentials) The remote bridged line appearance Op ID#:53664613 Page 3 of 6 C CenturyLink.All Rights Reserved. Contract Code:490003 CONRDENTIAL CGT R.v73.030117 CENTURYLINe TOTAL ADVANTAGE° EXPRESS—AGREEMENT—Summary Page ----------------------------....—.------------------------.....------------------------------------------------------------------------.....------ International Voice Service The following additional terms and conditions apply to International Voice Service, and are incorporated herein by reference: the General Terms Applicable to All Services, Domestic and Intemational Voice and Local Access sections in the DT&C. When you get to the DT&C,the first portion (Section 1)are the General Terms Applicable to All Services that we include in the Agreement for all business customers. Also applicable for the Intemational Voice Service are the Domestic and International Voice Service, and Local Access Service-specific sections in Section II of the DT&C. You can click on the section names in the Table of Contents to go straight to these 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 Bundle or Service Details. The rates for Local Access Service and CPE Purchase may be subject to valid quote forms,which control if they conflict with the rates listed on this Summary Page,all of which are subject to change. 2.2 Additional Charges. 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 othe r similar charges. 4.Term and Termination. 4.1 Term.This Agreement is effective on the date all parties have signed below ("Effective Date") and continues until expiration of al I Orders placed under this Agreement. Service Terms begin on their Start of Service Date and automatically renew unless terminated by either party. The Start of Service Date, renewal periods and renewal period rates are described in the DT&C, Bundle or Package Provisions,Service Provisions,or in an applicable Tariff,RSS or ISS. 4.2 Termination. If Customer gives notice of cancellation or termination, disoonnects any portion of a Service or otherwise breaches this Agreement resulting in the termination of a Service before the end of the applicable Service Tenn, Cancellation Charges will apply as set forth in the applicable terms and conditions. 6. Amendments. At CenturyLink's sole discretion, the parties may amend the Agreement to add additional CenturyLink services. Except as otherwise expressly permitted in the Agreement, amendments must be in writing and signed by both parties' authorized representatives. CUSTOMER: CITY OF BOZEMAN-MT CENTURYL SAL O ONS, INC. C Authorized gnature Au orized Signature/ \ �o c mac. �•� �. Name Typed or Printed Na el Typed or Prr7tedd Le ,,4)' Aii-Sloo., 2ZI �11 Title Date Title Date 911 EMERGENCY41F ACKNOWLEDGMENT: Customer Initials: I ACKNOWLEDGETHAT I HAVE READAND UNDERSTANDTHE911 LIMITATIONS IN THE"911 EMERGENCY SERVICES-VOIP" STHE TERMS AND CONDITIONS APPLICABLETO ALL SERVICES, AND IN THE PROVISIONS APPLICABLETO MYVolP SERVICE( ISIONS")IN THE DTBC AT httnJ/www.centurvlink.comAouaVDTC/v73.adt. Customer's Address for Notices: 121 N Rouse Ave, Attn:Scott McMahan,Bozeman,MT 59715; Customer's Facsimile Number: (406)582-2277 Op ID#:53664613 Page 2 of 6 ©CenturyLink.All Rights Reserved. Contract Code:490003 CONFIDENTIAL CGT R.v73.030117 LIMITED LETTER OF AGENCY between CITY OF BOZEMAN-MT("Customer") and CenturyLink Communications, LLCf/k/a Qwest Communications Company,LLC ("CenturyLink") This limited letter of agency("LOA') hereby authorizes CenturyLink to act as the Customer's agent for the limited purpose of contacting Customers designated Local Exchange Carrier ('LEC"), Interexchange Carrier ("IXC"), Internet Service Provider("ISP"), or customer premises equipment ("CPE") maintenance provider in conjunction with Centurylink Network Management Services. Service activities will consist of working with Customers LEC, IXC, ISP, and/or CPE maintenance provider for the purpose of: (a)extracting information concerning transmission data elements carried over Customer's network connection; (b) identifying Customer's links or data link connection identifiers ("DLCls"); (c) opening, tracking, and closing trouble tickets with the LEC, IXC, ISP, 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 Customer to CPE for which a fault has been detected; and (e) discussing fault information with the LEC, IXC or CPE maintenance provider on behalf of Customer to facilitate resolution of the problem. CenturyLink does not assume anyof Customers 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 days written notice byone party to the other or until the expiration or termination of the Network Management Service. A copy of this LOA will,upon presentation to LEC, IXC, ISP, and/or CPE maintenance provider, as applicable, be deemed authorization for CenturyLink to proceed on Customer's behalf. CITY OF BOZEMAN- MT Customer Company Name hor' ed Signature ustomer Print or Type Name ' Title l 7 l Date CENTURYLINIle TOTAL ADVANTAGE® EXPRESS—AGREEM T—Summary Page ("BLA') or shared call appearance ("SCA") VolP functionality for the VoIP Service allows Customer to program its equipment to ring in 2 separate locations when a single phone number is dialed (i.e., the end user's house and business). When Customer moves from one location (and ringing premises)to another location,Customer must provide CenturyLinkw ith its accurate service address.Customer must keep its Century Link-Approved 911 Location identified in the service portal up-b-datewith the address of its current location. Failure to update the CenturyLink-Approved 911 Locationwith the new address location w ill prevent Customer's calls from routing to the correct PSAP. Customer should not use the VoIP Service at the new location until Customer has received a confirmation email at its address of record.Customer's address has not charged until CenturyLink has completed the 911 Update Interval. CenturyLink does not support Remote BLAs or Remote SCAB on IP Devices used with any other CenturyLink VolP service regardless whether such service includes Hosted VolP in the package or bundle.Voice Mail Only Seats(Hosted VOIP.CenturyLink IQ®SIP Trunk) 911 dialing is not supported for VolP seats not associated with a stationary Device(for example,from Voice Mail Only Seats), unless you use another Device to place the call via the click to call feature in your End User portal. Use of SIP Trunk Diversion Headers on 911 Calls(SIP Trunk only) Customer may only use SIP Trunk Diversion Headers when using the Call Forwarding feature w ith VoIP Service. Customer shall not send SIP Trunk Diversion Headers on all calls, and in particular shall never send SIP Trunk Diversion Headers on 911 calls. Sending SIP Trunk Diversion Headers on a 911 call may cause the call to route to the incorrect PSAP,or to the correct PSAP butw ithout the correct Customer phone number and location information.911 Calls from Alien TNs (SIP Trunk only) When a 911 call is made from an Alien TN, CenturyLink cannot identify the location of the caller to forward to the appropriate PSAP. CenturyLink w ill therefore send any Customer 911 calls originated from an Alien TN to a live operator at a third-party contracted national 911 center. CenturyLink is charged a fee for each such call(currently $75.00 per call), and will pass the charges on to Customer. To avoid incurring these charges,Customer and its End Users should not make 911 calls from Alien TNs. (d)Additional Information.When you call 911,you should always state the nature of your emergency and provide your location and phone number. in some cases,the emergency service provide will be unable to call you back if your call does not complete or is dropped or disconnected,or if you are unable to tell the emergency provider your number and physical location. Additional limitations specific to your VoIP Service are in your VolP Provisions. 8. Entire Agreement. This Agreement, including DT&C, Other Provisions, and any CenturyLink-accepted Order Forms constitute the entire agreement between the parties.This Agreement supersedes all prior oral or w ritten agreements or understandings relating to the same service,ports,or circuits at the same locations as covered under this Agreement. Capitalized terms are defined in the DT&C and Other Provisions. 9. Purchase Orders. This Agreement controls over arty Customer-issued purchase order,and any terms or conditions contained in a Customer-issued purchase order or other Customer ordering docurrentw ill have no force or effect. 10. Uniform Resource Locators (URLS). References to URLs in this Agreement include any successor URLs designated by CenturyLink. Op ID#:63664613 Page 4 of 6 ®CenturyLink.All Rights Reserved. Contract Code:490003 CONADNTIAL CGT R.v73.030117 CENTURYLINK°TOTAL ADVANTAGE' EXPRESS AGREEMENT TECHNICAL DESIGN INTERVIEW ACKNOWLEDGEMENT TECHNICAL DESIGN INTERVIEW ACKNOWLEDGMENT FORM Customer Name: CITY OF BOZEMAN - MT Sales Force Opportunity ID Number or Contract ID Number: 53664613 This Acknowledgment will be effective on the date the last party signs it(the "Acknowledgment Effective Date") and will become part of the Agreement. All other terms and conditions in the Agreement will remain in full force and effect and be binding upon the parties. This Acknowledgment and the Agreement set forth the entire understanding between the parties as to the subject matter herein, and in the event there are any inconsistencies between the documents, the order of precedence in descending order of control will be: this Acknowledgment and the Agreement. Using CenturyLink's electronic signature process f r the Acknowle gment is acceptable. CITY OF BOZEMA -IMT CenturyLin ?m s, LLC Authorized .gnature Authorized Sign/atu e l Name Typed or Priin / /or nt/edd Name Typed or Printed c.0-0,- � Mir% e Title f Title 7 2�/ - / )11 Dat Date Op ID#:53664613 Page 6 of 6 ©Centuryt.ink.All Rights Reserved. Contract Code:490003 CONFIDENTIAL CGT v1.031716 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 l'w` day of JEA144 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. -1- IN WITNESS THEREOF, the Parties hereto have executed this Addendum on the day and year first shown above. CENTURY I CITY OF BOZEMAN By Bo Print name: 6t�- Jam �,,,���� Print name: rr++ Pw*-A gbseKbev►�.� Title: L.) //n�POO �'r's~ Title: Ir `Gity Manager Dated 7 / 1 7 Dated -2- POM MANAGER COUNTERSIGNATURE APPROVAL DESIGNATION Approval Date and Time: July 17, 2017 Approval by: Jacob Darfler OM Request ID: NSP- 2822691City of Bozeman This document is approved to sign on my behalf, subject to the terms of the standard delegation language below. I designate Ed Hassel to sign this Agreement. My approval and designation is evidence that I have reviewed an electronic image of the Agreement submitted by Ed Hassel. I understand that it is the responsibility of the designate Ed Hassel to verify that the electronic image and original are the same representation of the document as submitted by the customer and CenturyLink Sales for signature. Given this understanding I find no material differences in the two documents. Please use the following format when executing this Agreement. • For the "By:" line of the signature block, you Ed Hassel must sign your signature. • Do not use the Jacob Darfler signature stamp. ® For the "Name:" line, write Ed Hassel on behalf of Jacob Darfler.