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Home My WebLink About01- QWEST; DS1 Service - Service Agreement Agreement Number M16398 Billing Number 406-F86-5920 406-F86-0922 406-F86-0829 QWEST NETWORK SERVICE AGREEMENT QWEST DS1 SERVICE Intrastate This is an agreement between City of Bozeman, Montana ("Customer") and Qwest Corporation ("Qwest") for the provision of Qwest DS1 Service ("Service" or "DS1") as defined herein ("Agreement"). Throughout this Agreement, Customer or Qwest may individually be referred to as "Party" and/or collectively as "Parties". 1. SCOPE. 1.1. Under this Agreement, Qwest shall furnish and Customer shall pay for Service as defined herein. Qwest shall provide Service up to the Standard Network Interface ("SNI") at Customer's premises. The SNI is that location where Qwest's protected network facilities end and Customer's inside wire or network begins. Qwest will provide Service in accordance with the applicable Qwest Tariff, Price List, Price Schedule, Administrative Guideline, and/or Catalog in the state in which Service is provided ("Tariff'), incorporated herein. In the event of a conflict between the terms and conditions of this Agreement and the Tariff, the then current Tariff will prevail. 1.2. Service provides for the two-way transmission of 1.544 Mbit/s digital signals, on a point-to-point basis only. Service can be provisioned on copper, fiber, or other suitable facilities, at Qwest's discretion. Service may be used for the transmission of voice, data, and video signals, or any combination thereof. Service is provided between two customer designated premises, between a customer designated premises and a Qwest serving wire center, or between Qwest serving wire centers. When Service is requested between two Qwest serving wire centers, Central Office Multiplexers must also be ordered on each end (Le.. each service wire center) of the DS1 circuit, and a Private Line Transport service must be ordered from each Central Office Multiplexer to the customer premises. 2. TERM. 2.1. This Agreement is effective on the latest signature date and expires thirty-six (36) months from the date Service is available to Customer under this Agreement, as evidenced by Qwest records ("Term"). 2.2. If Qwest continues to provide Service after this term without a further Agreement, the provisions for month-to-month service in the Tariff will apply. 3. SERVICE ORDERED. Customer orders and Qwest shall supply Service as follows. Number of Circuits Bandwidth Ordered Address(es) Address(es) 3 1.544DS1 411 E Main to 2 locations Qty. 1 to 615 S 16 Ave Qty. 2 to 20 E Olive S 4. CHARGES AND BILLING. Charges for Service shall be those specified herein. Customer shall pay each bill in full by the payment due date stated on each bill. 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. Where permitted by law, late payment charges shall be assessed according to Tariff or law. 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 08-2000-DS1INTRA RG01-0143F Page 1 of 4 and regardless of the Customer's purchase of any customer premises equipment or enhanced services from Qwest. Current Total Monthly Rate is: Current Nonrecurring Charge is: $253.80 each existing and new point - to - point DS1 $640.00 for each new point - to - pointt DS1 5. CHANGES TO SERVICE. Customer may move the physical location of all or part of Service to another location within the same Qwest intrastate intraLATA serving area provided the terms and conditions of the Tariff are met, or, where there is no Tariff, the applicable conditions from 6.4 herein apply. 6. TERMINATION. 6.1. Either Party may terminate this Agreement for cause provided written notice specifying the cause for termination and requesting correction within thirty (30) days is given the other Party and such cause is not corrected within such 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 in whole or in part WITHOUT cause, Customer shall pay termination liability charges. If termination is prior to installation of Service, discontinuance charges shall be those reasonable costs incurred by Qwest through the date of termination. Termination Charges for Service discontinued after installation are defined below. 6.2. If termination is after installation but during the Minimum Service Period of 12 months, termination charges shall be calculated by taking the total monthly recurring charges at the time of termination, multiplied by the number of months (or fraction thereof) remaining in the Minimum Service Period, multiplied by one hundred percent (100%) of the monthly rate for Service terminated (or fraction thereof), plus any due but unpaid recurring, and all unpaid nonrecurring charges. The termination charges stated in 6.3 shall also apply for that portion of service being terminated beyond the 12 month Minimum Service Period. 6.3. If termination of Service is after the 12 month Minimum Service Period, termination charges shall be calculated by taking the total monthly recurring charges at the time of termination, multiplied by the number of months (or fraction thereof) remaining in term, multiplied by forty percent (40%) of the monthly rate for Service terminated (or fraction thereof), plus any due but unpaid recurring, and all unpaid nonrecurring charges. 6.4. 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 Company 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 a newly installed service placed under a new service agreement(s), or newly installed additions to an existing service agreement(s), but does not include renewals of expiring service agreement(s), renegotiations of existing service agreement(s) and conversions from month-to-month service to contracted service. The waiver does not apply to changes between regulated and unregulated products and services, nor to changes between enhanced and non-enhanced services. 6.5. New service is defined as a newly installed service placed under a new service agreement(s), or newly installed additions to an existing service agreement(s), but does not include renewals of expiring service agreement(s), renegotiations of existing service agreement(s) and conversions from month-to- month service to contracted service. 7. INTERRUPTIONS TO SERVICE. Tariff specifies the credit allowance due Customer, if any, for interruptions to Service which are not caused by Customer's negligence. In the event Service is provided 08-2000-051 INTRA RG01-0143F Page 2 of 4 where there is no Tariff, the provisions of the F.C.C. Access Tariff NO.1 shall apply with respect to credit allowance due Customer. 8. PERSONAL INJURY; PROPERTY DAMAGE. Each Party shall be responsible for any actual physical damages it directly causes to the other 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 TO THE OTHER FOR ANY 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. 9. 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 UNDER "PERSONAL INJURY; PROPERTY DAMAGE" ABOVE, 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 CREDIT FOR INTERRUPTIONS TO SERVICE UNDER THIS AGREEMENT. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. 10. NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 11. UNCONTROLLABLE CIRCUMSTANCES. 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. 12. DISPUTE RESOLUTION. Any claim, controversy or dispute between the parties shall be resolved by binding arbitration in accordance with the Federal Arbitration Act, 9 U.S.C. 1-16, not state law. 13. 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. This Agreement shall be governed by the laws of the state where Service is provided. 14. 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. 15. GENERAL PROVISIONS. 15.1. Failure or delay by either Party to exercise any right, power, or privilege hereunder, shall not operate as a waiver hereto. 15.2. This is a retail end user contract. It may be assigned only with the consent of Qwest. Customer may not assign to a reseller or a telecommunications carrier under any circumstances. 15.3. This Agreement benefits Customer and Qwest. There are no third party beneficiaries. 08-2000-DS1INTRA RG01-0143F Page 3 of 4 15.4. 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. 15.5. Notwithstanding anything to the contrary, Customer may not make any disclosure to any other person or any public announcement regarding this Agreement or any relation between Customer and Qwest, without Qwest's prior written consent. Qwest shall have the right to terminate this Agreement and any other agreements between the parties if Customer violates this provision. 15.6. This Agreement constitutes the entire understanding between Customer and Qwest with respect to Service provided herein and supersedes any prior agreements or understandings. 16. EXECUTION. 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. CUSTOMER J-1 Authorized Signature Clark V. Johnson Name Typed or Printed City Manager Title June 7, 2001 Date Aut or" ed Signature Keith Lyson Name Typed or Printed Senior National Account Manager Title May 31. 2001 Date Address for Notices: P.O. Box 1230 Bozeman, MT 59771 Address for Notices: 701 N Main P.O. Box 1716 Helena, MT 59624 08-2000-DS1INTRA RG01-0143F Page 4 of 4 May 31,2001 701 N Main P.O. Box 1716 Helena, MT 59624 ril.t~ Qwest. City of Bozeman Attention: Robin Sullivan 411EMain Bozeman, MT 59715 Dear Robin, Thanks for your call regarding your DS 1 and Digital Switched Services provided from Qwest. I appreciate your time and energy as we have been able to work on this project together. I am excited to present you with these enclosed contracts that will discount your monthly rates and provide one free month service for the Digital Switched Services accounts. I have had my manager pre-sign these on behalf of Qwest. Once you have signatures from your office on these documents, I only need one copy of each contract back - which also leaves one original of each contract for your files. I look forward to processing the service orders upon receipt of the contracts next week. Please call me at 1- 800-368-7643 if you have any further questions that I can resolve. Attachments 4 Contracts