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Home My WebLink AboutC08-286CENT RU T L ETHERNET AGREEMENT TO PROVIDE TELECOMMUNICATIONS EQUIPMENT AND SERVICES This Ethernet Agreement To Provide Telecommunications Equipment and Services ("this Agreement") is made and entered into as of the dates set forth beneath the signatures of the parties hereto, but effective as of the date set forth below, by and between Eagle County Government whose address is 500 Broadway, Eagle, CO 81631 ("the Customer" or "County") and CenturyTel of Eagle, Inc., a Colorado corporation, whose address is 620 Red Table Dr. Gypsum, CO 81637("CenturyTel"). WITNESSETH 1. PROVISION OF TELECOMMUNICATIONS EQUIPMENT AND SERVICES. CenturyTel hereby agrees to provide telecommunications equipment ("the Equipment") and telecommunications services ("the Services") to the Customer. The Equipment and the Services are as described on Addendum "A", attached hereto and by this reference made a part hereof, and taken together the Equipment and Services are hereinafter referred to as the network ("the Network"). 2. TITLE TO AND OWNERSHIP OF EQUIPMENT. RIGHT OF INSPECTION, AND WARRANTY DISCLAIMER. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY 2.1 Title To And Ownershib Of Equipment. Title to the Equipment and Ownership of the Equipment shall irrevocably and under all circumstances remain with CenturyTel. During the term of this Agreement, the Customer will protect the right, title, and interest of CenturyTel in and to the Equipment from and against all persons. Further, Customer will not allow any encumbrances, liens, mortgages, or security interests to be placed upon or remain upon the Equipment. The interest of the Customer in this Agreement is strictly limited to the right to receive the Services provided for herein. At any time, during the Initial Term or the Renewal Term of this Agreement and upon the request of CenturyTel, the Customer shall affix to the Equipment at the locations listed in Addendum A ("the Customer's Premises") dry labels or other marking provided by CenturyTel identifying the Equipment at the Customer's Premises as the property of CenturyTel. 2.2 Right of Inspection of Equipment at Customer's Premises. CenturyTel shall have the right, upon reasonable notice to Customer, to enter the Customer's Premises during the normal business hours of Customer for the purpose of inspection of the Equipment installed by CenturyTel on the Customer's Premises. 2.3 Warrantv Disclaimer. Limitation of Liability, and Exclusive Remedv. CENTURYTEL AGREES THAT THE EQUIPMENT WILL PERFORM IN ACCORDANCE WITH ITS SPECIFICATIONS. CENTURYTEL MAKES NO OTHER WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, IN RESPECT OF THE EQUIPMENT AND THE SERVICES, FACILITIES OR FEATURES, EITHER AS TO FITNESS, DESIGN, MANUFACTURE OR CONDITION, THE QUALITY OF THE MATERIAL OR THE WORKMANSHIP THEREIN, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITYANb/OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. IN THE EVENT OF ANY CLAIM BY THE CUSTOMER FOR DAMAGES ASSOCIATED WITH THE INSTALLATION, MAINTENANCE, REPAIR OR RESTORATION OF THE EQUIPMENT OR THE SERVICES, THE LIABILITY OF CENTURYTEL SHALL IN NO EVENT EXCEED THE PROPORTIONATE CHARGES FOR THE PERIOD OF DAYS AND THE PORTION OF SUCH EQUIPMENT OR SERVICES AS WERE UNAVAILABLE OR INOPERATIVE. EXCEPT AS SPECIFICALLY PROVIDED BY SECTION 12.23(f7 OF THIS AGREEMENT, NEITHER CENTURYTEL NOR CUSTOMER SHALL BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. FURTHER, CENTURYTEL SHALL NOT BE LIABLE WITH RESPECT TO ANY LOSS, COST, DAMAGE, OR EXPENSE RELATED TO, ARISING OUT OF, OR WITH RESPECT TO USE OF THE EQUIPMENT OR THE SERVICES IN CONNECTION WITH 911 OR E911 SERVICES OR CALLING. 3. LOCATION AND INSTALLATION OF EQUIPMENT. IN-SERVICE DATE. ADDITIONS AND CHANGES TO EQUIPMENT. AND MAINTENANCE OF EQUIPMENT. 3.1 Installation of Equipment at CenturvTel's Premises. CenturyTel shall install at the Central Office of CenturyTel at 131 W. 3=d Street, Eagle, CO 81631 & 32476 Hwy 6 & 24, Edwards, CO 81632 & 603 Valley Road, Gypsum, CO 81637 ("CenturyTel's Premises") the Equipment as is necessary to provide the Services to the Customer. 3.2 Installation and Maintenance of Equipment at the Customer's Premises. CenturyTel shall install at the Customer's Premises a cabinet to house such Equipment as is needed by CenturyTel to provide the Services contemplated by this Agreement. The installation of the Equipment at the Customer's Premises shall be performed in a good and workmanlike manner and in accordance with the manufacturer's specifications ("the Manufacturer's Specifications"). The Equipment shall not be removed from Customer's Premises except by authorized CenturyTel personnel. 3.3 In-Service Date. The date for provision of Equipment and Services ("the In-Service Date") shall be the date on which the Equipment and Services as provided hereunder are fully installed, tested, and certified to the Customer as available for use as the Network in accordance with the provisions of this Agreement. 3.4 Additions and Changes to Equipment at the Customer's Premises. Upon request by Customer to CenturyTel and the consent of CenturyTel which consent shall not be unreasonably withheld or delayed, CenturyTel will alter the configuration of the Equipment installed at the Customer's Premises to allow for the provision of different or additional telecommunications services to be provided under this Agreement based upon such rates and charges as CenturyTel and Customer may subsequently agree. The bit rate of the Network can be augmented in such increments as required by Customer as CenturyTel and Customer may agree. 3.5 Scheduled Maintenance and Service of Equipment at the Customer's Premises. CenturyTel shall maintain the Equipment on the Customer's Premises in good and workable condition based on the costs and charges set forth in Addendum A under circumstances as follows 3.5.1 Scheduled Maintenance. CenturyTel will receive approval from Customer and coordinate with Customer for any interruptions in the provision of Services to Customer scheduled by CenturyTel. To the extent that CenturyTel is or becomes aware of any interruptions in the provision of Services other than as the result of maintenance scheduled by CenturyTel, CenturyTel will advise Customer as promptly as possible. 3.5.2 Routine Service Calls. Routine service calls by Customer to CenturyTel as CenturyTel may direct will be answered within forty-eight (48) hours of receipt of notice. 2 3.5.3 Emergencv Service Calls. Emergency service calls by Customer to CenturyTel as CenturyTel may direct will be answered within twenty-four (24) hours of receipt of notice, "emergency" being defined as the total failure of the Network. 4. OTHER USERS OF EQUIPMENT AT CENTURYTEL'S PREMISES. [The contents of paragraph 4 have been intentionally omitted.] INITIAL TERM AND RENEWAL TERM. 5.1 Initial Term. The initial term of this Agreement shall be for a period of sixty X60) months beginning with the In-service Date and ending sixty (60) months thereafter ("the Initial Term") If either Party defaults in the performance of any its material obligations under this Agreement, and such breach is not cured within 30 days of its receipt of written notice of the asserted breach, the other Party may terminate this Agreement without penalty provided, however, that the County's sole and exclusive remedy for any service outage shall be a credit in the amount of the prorated monthly charge corresponding to the period of such outage. 5.2 Renewal Term. Subject to each party's termination rights otherwise provided herein, unless Customer provides CenturyTel with written notice of its intent not to renew not less than sixty (60) days prior to the expiration of the Initial Term, following the expiration of the Initial Term of this Agreement, this Agreement shall automatically renew on a month-to-month basis at the rates and on the terms in effect at the time of provision of Services during such renewal ("the Renewal Term"). During the Renewal Term, either party may provide to the other party written notice of termination of this Agreement ("Notice of Termination"). Upon receipt of Notice of Termination, this Agreement will terminate at the end of the calendar month following the month in which either party receives Notice of Termination from the other. 6. PAYMENT FOR EQUIPMENT AND SERVICES. The Customer hereby accepts and agrees to pay CenturyTel for the Equipment and Services described in Addendum A in accordance with the terms and conditions stated in this Agreement. The Customer shall pay to CenturyTel for the Services provided, the total amount of $326,400.00 payable in installments of $5,440.00 each together with aone-time nonrecurring service charge of $5,000.00 due with the first monthly payment. The Customer shall also pay to CenturyTel any and all other costs and charges as set forth in Addendum A, during the Initial Term or Renewal Term of this Agreement. The first monthly installment is to be paid commencing with the In-service Date. The remainder of the monthly installments are to be paid in each succeeding month in accordance with CenturyTel's monthly billing statement to the Customer. 7. CANCELLATION CHARGE AND RIGHTS OF CENTURYTEL. 7.1 Cancellation Charee. It is understood and agreed that should the Customer seek to terminate this Agreement after the date on which this Agreement is executed by the Customer and CenturyTel, but before the In-service Date ("a Cancellation of this Agreement"), the Customer shall pay to CenturyTel a cancellation charge for a Cancellation of this Agreement ("the Cancellation Charge"). The amount of the Cancellation Charge shall be equal to the amount of any and all expenses actually incurred or obligated for by CenturyTel in order to provide the Equipment and the Services to the Customer prior to a Cancellation of this Agreement. The amount of such Cancellation Charge shall include, but may not be limited to, the following the cost of the Equipment purchased by CenturyTel for installation at the Customer's Premises or for installation at CenturyTel's Premises or otherwise in order to provide the Services and any and all associated labor at CenturyTel's then current loaded labor rate. The amount of such Cancellation Charge may be reduced to the extent that the equipment purchased by CenturyTel for installation at the Customer's Premises or for installation at CenturyTel's Premises may be re-deployed to other locations or for the provision of telecommunications services to another or others. 7.2 [intetntionally omitted 7.3 Rights of CenturvTel. In the event of either a termination or Cancellation of this Agreement, CenturyTel shall have the right, upon reasonable notice, to enter the Customer's Premises during Customer's normal business hours and retake possession of the Equipment located at the Customer's Premises. 8. RESPONSIBILITIES OF CUSTOMER. It shall be the responsibility of the Customer to provide the following, consistent with any directions from CenturyTel, and within the time frames necessary to meet the scheduled In-Service Date a. Adequate clean and cleared space for the installation of the Equipment at the Customer's Premises. In that regard, the Customer's Premises shall be moisture free and protected from water above and below the location of the Equipment at the Customer's Premises as CenturyTel may reasonably require. Environmental conditions at the Customer's Premises shall be within such limits as may be specified in the Manufacturer's Specifications. b. Access to the Customer's Premises during normal business hours, or during non- business hours as and when required in accordance with Customer's customary policies and procedures concerning visitors and work performed on the Customer's Premises. c. A separate, dedicated, appropriately fused AC power circuit meeting the Manufacturer's Specifications for each power supply associated with the Network in order to establish an uninterruptible power supply. d. Trough, raceway, conduit or other cable enclosures as required to meet Occupational Safety Health Act ("OSHA") and National Electric Code ("NEC") and any and all other applicable municipal, state and federal requirements of law. Customer's Premises for installation of Equipment at Customer's Premises in such condition so as not to be hazardous to the occupants of Customer's Premises or to CenturyTel's installation personnel or the Equipment installed at Customer's Premises. f. Reasonable security and protection at the Customer's Premises for CenturyTel's Equipment at Customer's Premises or CenturyTel's personnel, material, or tools. 9. DEFAULT AND REMEDIES FOR DEFAULT. Time is of the essence of this Agreement. If Customer fails to pay any amount payable under this Agreement when due or otherwise fails 4 to observe, keep, or perform any provisions of this Agreement required to be observed, kept or performed by Customer, or if Customer ceases to operate as a going concern, or fails to pay its debts as they become due, or if a Petition is filed by or against or any proceedings under any state or federal law concerning insolvency, bankruptcy or the like are filed by or against Customer or if Customer makes an assignment for the benefit of creditors or if Customer attempts an informal arrangement or composition with creditors or if a receiver or any officer of any court having jurisdiction thereof shall have been appointed to have control over any of the property or assets of Customer, or if Customer makes or has made any misstatement or false statement of fact in connection with the obligations of Customer to CenturyTel under this Agreement, or if any of the foregoing circumstances occurs with respect to representations made to or by any guarantor of the obligations of Customer (collectively, "the Default of Customer"), all as of any given date on which any of the foregoing events should first occur ("the Determination Date"), Customer shall allow CenturyTel to recover the Equipment on Customer's Premise as set forth below and also pay to CenturyTel as liquidated damages and not as a penalty, the following a. Any and all monthly payments due and unpaid under this Agreement as of the Determination Date; and b. An amount equal to the present value of all future monthly payments as of the Determination Date for anv period for which funds for payment hereunder have been appropriated pursuant to Article 12.24. discounted at a rate equal to the rate of United States Treasury obligations having a maturity of approximately three (3) years (the payment having been accelerated and become immediately due and payable upon default of Customer), All rights of CenturyTel may be exercised individually or cumulatively, successively or concurrently, without otherwise limiting or waiving any of the other rights or remedies of CenturyTel under this Agreement or otherwise. All rights of CenturvTel pursuant to this Article 9 are subject to the notice and cure provisions of Article 5.1. 10. INSURANCE. During the Initial Term and any Renewal Term of this Agreement, CenturyTel and Customer each agree, at their sole cost and expense, to carry and maintain general public liability insurance and property damage insurance against claims for bodily injury and property damage and such other types of insurance coverage, all in amounts of insurance and with such carriers as either may reasonably require of the other. 11. INDEMNIFICATION During the Initial Term and any Renewal Term of this Agreement, CenturyTel and Customer each agree, to the extent allowable by law, to defend, indemnify, hold and save harmless the other from and against any and all claims arising under this Agreement, except as may be caused by the fault, negligence or strict liability of the other. 12. OTHER TERMS AND CONDITIONS. 5 12.1 Ambi uities. Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 12.2 Amendments. This Agreement may not be amended except by a writing executed by both parties hereto. 12.3 Assignment. This Agreement is personal to the parties hereto, and may not be assigned by the Customer without the express written consent of CenturyTel and, if necessary, of the state regulatory agency having proper jurisdiction. 12.4 Binding Nature. This Agreement shall inure to the benefit of and be binding upon the Customer and CenturyTel, their successors and assigns. 12.5 Confidentiality. CenturyTel and Customer each agree to hold the subject matter of this Agreement as confidential as the public record legislation may permit and make no disclosure to any third parties of any nature without prior written approval from the other. Both parties agree that any and all information and/or data exchanged between the parties, pursuant to this Agreement, shall be considered confidential and proprietary, yet compliant with open public records law for the State of the Customer's Premises. Each party agrees it shall not transmit such information and/or data to any third party without consent from the other party, except to the extent that CenturyTel may be required by any regulatory agency with proper jurisdiction to disclose this Agreement to that agency. Each further agrees that it shall return to the other upon the other's request any such information and copies thereof. The terms of this paragraph shall survive the termination of this Agreement. 12.6 Compliance. Each party agrees to and shall comply with any and all applicable federal, state, or local laws, rules and regulations. 12.7 Counterparts. This Agreement may be executed in counterparts or by facsimile transmission, each of which shall be deemed to be an original of this Agreement. 12.8 Enforcement. If any suit or action is instituted or prosecuted to interpret or enforce any provision of this Agreement, the prevailing party in such suit or action shall be entitled to recover from the other party costs, expenses, and reasonable attorney fees incurred by such prevailing party in connection with such suit or action, in addition to all other sums allowed by law, both at trial and on appeal. 12.9 Entire Agreement/Integration. This Agreement, together with its Addendum "A" represents the entire agreement of the parties hereto, superseding any and all other agreements, written or oral, in respect of the subject matter hereof except as explicitly referred to herein. In the event any of the Services are subject to a tariff and the jurisdiction of a state regulatory agency, the tariff shall be deemed to be a part of this Agreement and in the event of a conflict between the provisions of the tariff and the provisions of this Agreement, the provisions of the tariff shall control. 12.10 Force Majeure. No party will be in default of a provision of this Agreement for delays in performance resulting from strikes, riots, lockouts, acts of God or civil or military authority, fire, flood, tornadoes, epidemics or other disasters, or events or acts beyond the reasonable control and without negligence of the party. Time to perform is extended by the time of the delay. 12.11 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of the Customer's Premises. Venue shall be exclusively in the Eagle 6 County Division of the Fifth Judicial District for the State of Colorado or in any federal court in Colorado having subject matter jurisdiction. 12.12 Headings. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties to this Agreement. 12.13 Independent Contractor. It is expressly understood and agreed that CenturyTel is and shall be an independent contractor with respect to its relationship with Customer. 12.14 Name. Use of the name, logo or trademark of either party by the other in any way is expressly forbidden without the written consent of the other party. 12.15. Necessary Acts, Further Assurances. The parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purpose of this Agreement. 12.16. Notices. Any notice required or deemed necessary by either Customer or CenturyTel shall be given in writing addressed as follows If to Customer, at~ Eagle County Government P.O. Box 850 Eagle, CO 81631 Attn~ IT Department If to CenturyTel, at~ CenturyTel PO Box 570 Eagle, CO 81631- 0570 Attn~ General Manager 12.17. Representation on Authority of Parties/Signatories. Each person signing this Agreement represents and warrants that he or she is duly authorized and has capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such party's obligations hereunder have been duly authorized and that this Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. 12.18 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section 12.18, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible. 12.19 Survival. Except as otherwise expressly provided in this Agreement, representations, warranties, and covenants contained in this Agreement or in any instrument, certificate, exhibit, addendum, or other writing intended by the parties to be a part of this Agreement, shall survive for a period of three (3) years following the expiration of the Initial Term or any Renewal Term of this Agreement. 12.20 Taxes and Other Fees. Each party shall be responsible for and pay all federal, state, and local taxes including but not limited to social security and unemployment compensation taxes, applicable to its employees and its operation under this Agreement. Under no circumstances 7 whatsoever shall either party be liable for any penalties, fines or other such charges incurred due to the failure of the other to timely pay when due any taxes owed by it under the Agreement. Customer shall pay to CenturyTel all fees and charges assessed on the Equipment or the Services or the end user of CenturyTel by state or federal regulatory agencies including, but not limited to, those fees and charges related to Universal Service Funds and subscriber line charges. 12.21 Third Partv Beneficiaries. No provision of this Agreement shall in any way inure to the benefit of any third person (including without limitation the public at large) so as to constitute any such person a third party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 12.22 Waivers. No provision of this Agreement may be waived except by a writing signed by the waiving party. A waiver or consent to nonperformance in any respect at any time does not constitute waiver with respect to any other nonperformance at any other time. 12.23. PROVISION MANDATED BY HOUSE BILL 1343 PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES a. CenturyTel shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. b. CenturyTel shall verify or attempt to verify through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that CenturyTel does not employ any illegal aliens. If CenturyTel is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, CenturyTel shall apply to participate in the Program every three months until the contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at~ https ~//www.vis-dhs.com\emploverregistration c. CenturyTel shall not use the Basic Pilot Verification Program procedures to undertake preemployment screening of job applicants while the public contract for services is being performed. d. If CenturyTel obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CenturyTel shall be required to~ 1. Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and 2. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. e. CenturyTel shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. f. If CenturyTel violates the prohibitions contained in this Section 12.23, the County may terminate the contract for a breach of the contract. If the contract is so terminated, specifically for a breach of this section of the Agreement, CenturyTel shall be liable for actual and consequential damages to the County. 12.24. Notwithstanding anything to the contrary contained in this Agreement, Customer shall have no obligations under this Agreement with respect to any period after December 31, 2008, nor shall any payments be made to CenturyTel with respect to any period after December 31, 2008, without an appropriation therefor by Customer in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29-1-101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). If applicable funds are not appropriated during a fiscal year after December 31, 2008, Customer may terminate this Agreement without penalty, effective upon the commencement of the period for which funds have not been appropriated. Customer will use its best effort to notify CenturyTel of such non appropriation of funds and resulting termination at the earliest possible date, but in no event later than the commencement of the period for which funds have not been appropriated. This Section 12.24 is not intended to, and shall not be used to, allow Customer to terminate this Agreement for the purpose of acquiring similar Services from a third party. IN WITNESS WHEREOF, the Customer and CenturyTel have each caused this Agreement and Addendum "A", which is attached hereto and by this reference made a part hereof, to be signed by a duly authorized representative of each on the date set forth beneath the signature of each, but effective as hereinbefore provided. Eagle County Government The Customer ---~ By: ~~ -~' , Name: '~.~e2 ~'- ~~\~o~ Title S'~~R.mo~r~ CenturyTel of Eagle, Inc. CenturyTel By: ~ , - `, Name Scott Mckenzie Title Sales Manager Date `b • ~ • ~`~ Date 9 AGREEMENT TO PROVIDE TELECOMMUNICATIONS SERVICES ADDENDUM A Term Length Requested Installation Date 60_Months 45 Days from Date of Signed Contract Description of Services Total Recurring Charges Non- Recurring Charges Edwards HHS - 3M $350.00 $500.00 Justice Center- 100M $1,540.00 $500.00 Animal Shelter-3M $350.00 $500.00 G sum Sheriff - 3M $350.00 $500.00 Miller Ranch - 3M $350.00 $500.00 Edwards Sheriff - 3M $350.00 $500.00 Landfill - 3M $350.00 $500.00 Dedicated Internet - 10M $900.00 $500.00 Sheriff - Ea le Vail - 3M $450.00 $500.00 Avon Annex - 3M $450.00 $500.00 Monthly Charge $5,440.00 Non-Recurring Service Charges 5,000.00 Customer's Premises 500 Broadway Eagle, CO 81631 Telephone Number 970-328-8600 Signature on behalf of Eagle Countv Government acknowledges the understanding and acceptance of the terms and conditions for CenturyTel Equipment and Services, and that commitments under this Agreement are authorized. Eagle Countv Government The Customer By. G~~~~ v Title ~e.~2 ~-• ~ .1n,n C~Q~~.yy10.v~ CenturyTel of Eagle, Inc. CenturyTel By: ~~ ~~i~~7 Title f3 v5 ~ t~ S %~~~c.---- 10