HomeMy WebLinkAboutC97-261 US West Communications Services0'97 26 14
Quote No. CPE124706
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions, when incorporated into an executed agreement (the "Agreement') between
Eagle County Government ("Customer") and U S WEST Communications Services, Inc. ("USW -CS"), will govern the
relationship between the parties for goods and/or services supplied by USW -CS.
1. Payment Terms. All payments are due and payable upon receipt of the invoice. Late payment charges may be assessed
on past due amounts at 1 1/2% percent per month, or the highest lawful rate, whichever is less. Customer accepts
responsibility for all federal, state and local taxes paid or payable under this Agreement, including but not limited to sales, use,
excise and gross receipt taxes. Taxes based on either party's net income will remain that party's responsibility.
2. Risk of Loss and Security Interest. Risk of loss for purchased equipment will pass to Customer upon delivery, except
for damage caused by USW -CS, its employees, agents or subcontractors. Until full payment to USW -CS, Customer grants to
USW -CS a continuing security interest in the equipment, including additions, replacements and proceeds, and authorizes
USW -CS to file a financing statement with or without Customer's signature.
3. Uncontrollable Conditions. USW -CS shall not be responsible for any damages, delay in performance or failure to
perform if caused by acts or occurrences beyond its reasonable control, including but not limited to, strikes or other labor
disputes, embargoes, government regulations or requirements (executive, legislative, judicial, military or otherwise), power
failure, electrical surges or current fluctuations, lightning, earthquake, flood, war, water, the elements, or other forces of nature,
delays or failures of transportation, equipment shortages, suppliers' failures, or acts or omissions of telecommunications
common carriers (whether or not affiliated with USW -CS).
4. Health and Safety Compliance. USW -CS and Customer will adhere to all applicable health, safety and environmental
laws, rules and regulations, including the Occupational Safety and Health Administration's ("OSHA") and the Environmental
Protection Agency's ("EPA") rules and regulations (collectively, "Safety Regulations"). Unless specified in the Agreement,
USW -CS will not work in any area where a Hazardous Substance is present. "Hazardous Substance" means a substance
regulated by any Safety Regulation and includes, but is not limited to, asbestos. USW -CS may work in an area containing non -
friable asbestos if USW -CS determines in its sole judgment that the work will not disturb or cause the asbestos to become
friable.
Customer is responsible for informing USW -CS of the existence, location and condition of any Hazardous Substances that
may be in or around USW -CS work area. Customer indemnifies and holds USW -CS harmless for any fines or other liability of
USW -CS arising from Customer's failure to inform USW -CS of Hazardous Substances of which Customer knew or should
have known.
USW -CS may, without affecting Customer's informational duties and indemnification, suspend work from the time it
reasonably identifies areas where Hazardous Substances may be present until the work area is in compliance with then -
constituted Safety Regulations. Any such suspension is not a default of the Agreement, and any delays from the suspension
may result in a similar delay in work completion, without penalty to USW -CS. If the parties cannot agree whether USW CS'S
work can be performed through completion without a violation of Safety Regulations, or cannot agree to payment of added
costs, if any, either party may terminate the Agreement without penalty. Such termination shall not effect Customer's obligation
to pay for equipment, software and services provided by USW -CS prior to the effective date of termination.
5. Limitation of Liabilities. NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT OR SPECIAL DAMAGES, INCLUDING COMMERCIAL LOSS, HOWEVER CAUSED AND REGARDLESS OF
LEGAL THEORY OR FORESEEABILITY, WHICH DIRECTLY OR INDIRECTLY ARISES FROM THE SERVICES,
EQUIPMENT OR SOFTWARE PROVIDED BY USW -CS.
EACH PARTY IS RESPONSIBLE TO THE OTHER FOR ACTUAL, PHYSICAL DAMAGES DIRECTLY CAUSED IN THE
COURSE OF ITS PERFORMANCE UNDER THE AGREEMENT, BUT LIMITED TO DAMAGES FOR PERSONAL INJURY
OR DEATH, OR TO TANGIBLE PROPERTY ARISING IN EACH CASE FROM ITS NEGLIGENT ACTS OR OMISSIONS.
Customer Initials -K
5/97
6. Fraudulent Use. Upon request of the Customer, USW -CS may provide information relative to equipment operation and
features, and recommendations for reasonably safeguarding the equipment against toll fraud and unauthorized access.
However, Customer is solely responsible for the security of its own communications equipment and services, authorization
codes, routing assignments, systems addressing, and internal systems and operations. USW -CS and its affiliates are not
responsible for damages relating to unauthorized long distance charges, unauthorized packet or usage charges, unauthorized
access or other misuse of Customer's equipment and/or services by Customer, its employees and agents, or by any third
parties.
7. Patent Indemnity. USW -CS will defend, at its awn expense, any action brought against Customer to the extent the actin
claims that any equipment or software supplied by USW -CS infringes on a United States patent or copyright. USW -CS will
pay finally awarded costs and damages on the claim if. (i) USW -CS is notified promptly in writing by Customer of any such
claim, (ii) USW -CS has sole control of the defense and settlement of the claim, and (iii) Customer cooperates with USW -CS in
all respects to facilitate the settlement or defense of the claim. This indemnification does not apply to any infringement or
claim of infringement: (a) arising from adherence to instructions or drawings which USW -CS has been directed by Customer to
follow; (b) which is not wholly inherent in the equipment or software itself as furnished by USW -CS; or (c) which relates to
combinations of USW -CS supplied equipment with any other software or equipment USW -CS will have the right, at its option
and expense, to procure for the Customer the right to continue using the equipment or software in the event of a claim of
infringement, to replace or modify it so it becomes non -infringing, or to reimburse the Customer for the cost of the equipment
or software less depreciation for its use based on a straight-line depreciation schedule of seven (7) years. The foregoing
states the entire liability of USW -CS with regard to any such infringement. Customer
8. General.
a. The provisions of the Agreement shall comply with all applicable federal, state and local laws, rules and regulations. Any
provision not in compliance is void. If a provision of the Agreement is void but the parties legally, commercially and practicably
can continue the Agreement without the void provision, the remainder of the Agreement will continue in effect.
b. The Customer is responsible for meeting all physical and environmental'site standards and requirements of the equipment
manufacturer and of USW -CS for installation and/or operation, as appropriate, of equipment installed or serviced by USW -CS
under the Agreement
c. Failure by either party to require performance by the other or to exercise a right to claim a breach of the Agreement does
not affect the right to require performance or to exercise a right or claim a breach on any subsequent occasion.
d. Either party may assign the Agreement to a parent, subsidiary, successor or affiliated USW -CS without the prior written
consent of the other party, provided that the assignment does not increase the obligations of the other party. No other
assignment is valid without the prior written consent of the other party, which consent will not be unreasonably withheld.
USW -CS may subcontract all or any portion of the work without the prior written consent of Customer, but will remain
responsible for the work of any subcontractor.
e. The Agreement will govern the duties and obligations of the parties, and will supersede the terms and conditions of any
Customer purchase order(s). To accommodate Customer's administrative needs, USW -CS may receive and sign Customer's
written purchase orders when filling Customer's orders; however, ANY PREPRINTED TERMS AND CONDITIONS
CONTAINED IN CUSTOMER'S ORDER FORM(S)HAVE NOT BEEN NEGOTIATED OR AGREED TO BY USW -CS AND
WILL NOT BECOME, SUPPLEMENT OR MODIFY THE TERMS AND CONDITIONS OF THE AGREEMENT. Customer
agrees to the striking through or otherwise conspicuously voiding by USW -CS of any preprinted terms and conditions
contained on its order form. But USW-CS's failure to do so does not, absent specific, written and authorized consent to the
contrary, constitute acceptance of any of those terms and conditions.
f. Any agreement by USW -CS to a Customer requested change or cancellation (in whole or in part) of equipment or services
under this Agreement shall be subject to Customers payment of all restocking charges incurred by USW -CS. Payment of the
restocking charges shall be in addition to any other cancellation fees agreed upon.
g. All claims arising out of this Agreement shall be resolved by arbitration in accordance with the then current rules of the
American Arbitration Association. The arbitration shall be conducted by a single arbitrator engaged in the practice of law. The
arbitrator's decision and award shall be final and binding and may be entered in any court with jurisdiction.
h. USW -CS, may, in order to safeguard its interest, require the Customer to have satisfactory, verifiable credit. USW -CS may
require additional security or deposit as it deems appropriate. USW -CS reserves the right to decline sale or service should
Customer's credit be unacceptable to USW -CS.
Customer Initials Q2
5/97 2
i. In the event of conflict between these General Terms and Conditions and the specific agreement governing the goods
and/or services, the specific agreement shall control.
USW -CS and Customer hereby enter into this Agreement.
CUSTOMER
Eaale County Government
nature
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Address or Notic s
5/97
U S WEST Communications SArvices,
Signature `
Name (Typed or Printed)
Date
Address- for Notices 1801 Caifomia St #1700 Denver,CO
Purchase Order No.
U S WEST COMMUNICATIONS, INC. PURCHASE ORDER
CUSTOMER NAME & BILLING ADDRESS: Eagle County Government
500 Broadway P.O. Box 850
Eagle, CO 81631
SERVICE ORDERED: 56 K Frame Relay Service ("Service");
Your Service has been ordered for five years at these locations:
one 56 K circuit with 4 PVCs at 500 Broadway, Eagle, CO
one 56K circuit with 1 PVC at 100 Beaver Creek Blvd. Avon, CO
one 56K circuit with 1 PVC at 712 Castle Drive, Eagle, CO
one 56K circuit with 1 Pvc at 2250 Hwy 131, Wolcott,CO
one 56K circuit with 1 PVC at 234 Cody Lane, Basalt,CO
Your U S WEST COMMUNICATIONS total monthly rate is $271.90 plus any applicable taxes and
governmental surcharges. PTI WILL BILL FOR MEET POINT BILLING ON SERVICES IN THEIR AREA.
In addition, for your initial Service, you will pay a Private Line Transport mileage charge of $ 9.40
per month, plus any applicable taxes and governmental surcharges. Such mileage charge is not a
part of Service and is governed by the Tariff, Price List or Catalog ("Tariff) for Private Line
Transport. If there are any conflicts between Private Line Transport Tariff and the Tariff governing
Service, the Private Line Transport Tariff shall govern and prevail for the mileage portion. Any
additional charges (including termination charges) resulting from changes to your Service
locations, shall be billed to you in accordance with the then current applicable Private Line
Transport Tariff.
Installation will begin on or about (to be determined ) and be completed on or about (to be
determined) . You will be charged (LI S WEST INSTALLATION CHARGES WAIVED PER PROMOTION) for
installation, plus tax, if applicable. PTI INSTALLATION CHARGES WILL BE BILLED BY PTI.
Your Service is being provided under the terms of a Federal Tariff or a State Tariff, Price List,
and/or Catalog. Your Service is being provided under the terms and conditions of the FCC TARIFF.
CUSTOMER U S WEST Communications, Inc.
LA`�F
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Si ture�{ o Signature
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Name Printed or Typed Name Printed or Typed
Title Title
Date Date
March 18,1996
Quote No.CPE124706
PURCHASE AGREEMENT
S.
This Agreement is entered into as of this ay of AVW, 19 97 , by and between U S WEST Communications
Services, Inc.(USW CS) and Eagle County Governement ("Customer").
EQUIPMENT PURCHASED:
A
PRICING:
Products Materials $12680.20
Labor $ 3105.04
TOTAL $15785.24
Additional Equipment Schedules? Yes _ No _X
Ship to Address:
see attachment
PAYMENT.TERMS:
20% upon execution ofAgreement $ 3157.05
35% upon delivey" $ 5524.83
35 % Upon In -Service Date $ 5524.84
10% upon Acceptance $ 1578.52
TOTAL $15785.24
The above payment terms do not reflect all applicable
taxes. These taxes will be added during the invoicing
process.
If installation is not provided by USW -CS, the entire
balance is payable upon delivery.
Installation Address:
see attachment
Desired Delivery Date: , 19_ OR Desired In -Service Date (if installed by USW -CS): , 19_
THE TERMS AND CONDITIONS IN THIS PURCHASE AGREEMENT AND THE GENERAL TERMS AND
CONDITIONS INCORPORATED BY THIS REFERENCE TOGETHER WITH ANY OTHER REFERENCED OR
INCORPORATED SCHEDULES, SHALL GOVT TRANSACTION.
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County Gov n c U S WE Com un
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5/97 1
USW -CS RESPONSIBILITIES; ACCEPTANCE
USW -CS WII make every reasonable effort to provide all necessary equipment, materials and, when applicable,
labor necessary to complete USW-CS's obligations by the In -Service Date or Delivery Date, whichever is
applicable. In -Service Date is defined as when USW -CS has performed its obligations or Customer receives the
use of the equipment and work product supplied by USW -CS. The Customer must notify USW -CS in written
detail of any portion(s) of the equipment or work product which are unacceptable. Failure to notify USW -CS
within 10 days from the In -Service Date or Delivery Date, whichever is applicable, shall constitute final
acceptance. Eq ,ipment installed by USW -CS is considered acceptable if it is installed a d operates materially in
accordance with the manufacturers specification. USW -CS shall have the right to conect any portion(s) of the
work product or equipment which have been rejected. Portion(s) which are completed and not rejected may, if
functionally divisible, be separately invoiced and paid.
USW -CS assumes no responsibility for the operation of data, radio control, paging, alarm or other circuits which
are not modified or installed pursuant to this Agreement. Additionally, unless specifically stated otherwise in this
Agreement, USW -CS shall not gather or input end user station database or routing and addressing information.
2. CUSTOMER RESPONSIBILITIES
(Not applicable if USW -CS provides no installation or labor.) When Customer provides inside wiring, all station
cable, riser cable, distribution and feeder cable will be tested and identified by the Customer at the main and any
intermediate distribution frame(s). All telephone and data jacks will be properly labeled and a corresponding
floor plan will be provided to USW -CS by Customer. Any additional work required by USW -CS due to improper
or inadequate cable will be charged at USW-CS's standard time and materials rates for regular time and
overtime as required and directed by Customer.
Upon request by USW -CS, Customer will provide a detailed floor plan showing the location of each piece of
existing equipment and desired mounting location for any new equipment and/or power supply with the
understanding that changes to the floor plan after submission to USW -CS may result in additional charges.
3. SOFTWARE
Software purchased or provided with purchased equipment as listed on the first page of this Agreement will be
licensed or sublicensed to Customer as follows: If supplied with a licensing agreement to be executed by
Customer, upon Customer executing that agreement; if supplied with a licensing agreement requiring no
Customer signature, such as "shrink-wrap" or similarly licensed software, under the terms and conditions of that
document. If neither of the foregoing applies, USW -CS grants a personal, non-exclusive sublicense to Customer
to use copies of the software in object code form only. The license is effective with product delivery (for "drop -
ships"), or with installation, as applicable, and extends only to Customers own use and only on the designated
equipment. Software must be held in confidence and may not be reproduced in any form unless specifically
authorized by the software licenser.
4. LIMITED WARRANTY
USW -CS warrants that equipment purchased under this Agreement will, under normal use, be materially free
from defects in material and workmanship, and where applicable will be installed in accordance with the
manufacturers specifications. Unless otherwise specified in this Agreement, the warranty period shall be the
period of the manufacturers warranty commencing on the date of installation. Work performed under warranty
will be during USW CS's Standard Service Hours defined, for the purpose of this Agreement, as 8:00 a.m. to
6:00 p.m. Monday through Friday local time, excluding holidays.
USW-CS'S OBLIGATION WITH RESPECT TO ITS WARRANTIES, IF ANY, AND CUSTOMER'S SOLE
REMEDY IS LIMITED TO REPAIR OR REPLACEMENT, AT USW-CS'S OPTION, OF THE DEFECTIVE
EQUIPMENT OR FAULTY WORKMANSHIP. CUSTOMER UNDERSTANDS AND AGREES THAT EXCEPT
FOR THE FOREGOING, NO OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE APPLY. USW-CS'S OBLIGATION UNDER THE WARRANTY, IF ANY, AND THE CUSTOMER'S
SOLE REMEDY, IS CONTINGENT UPON USW -CS RECEIVING WRITTEN NOTICE FROM CUSTOMER OF
ANY DEFECT WITHIN THE WARRANTY PERIOD.
Customer initials
VV
5/97
Any equipment warranty is conditioned on it not having been installed, altered, maintained, or repaired by
anyone other than USW -CS. In the case where the equipment is installed, altered, maintained or repaired by
anyone other than USW -CS, the remedies of Customer shall be limited to the warranties extended by the
manufacturer, if any. USW -CS is not responsible for any defects or damages resulting from mishandling, abuse,
misuse, accident, electrical power surges or current fluctuations, lightning strike, or other force of nature,
improper storage or operation, including use in conjunction with equipment electrically or mechanically
incompatible with or of inferior quality to the supplied equipment, as well as failure to maintain the environmental
conditions specified by the equipment manufacturer.
5. CREDIT
USW -CS, may, in order to safeguard its interest, require the Customer to have satisfactory, verifiable credit.
USW -CS may require additional security or deposit as it deems appropriate. USW -CS reserves the right to
decline sale or service should Customers credit be unacceptable to USW -CS.
Customer Initials
5/97
ttachment to Purchase Agreem>, t
For INTERPRISE Date Equipment
CUSTOMER: EAGLECOUNTY[CO]
QUOTE N: CPE124706
MAIN COMPONENTS PARTS LIST
LOCATION N1
500 BROADWAY, EAGLE, CO
Desired Date: None Entered
Desired Date: None Entered
MFR Part N
CISCO1601
SF160B-11.2.X
78285
CAB-V35MT
MEM1600-4U6FC
MEM1600.21.141)
LOCATION N2
MFR Part N
CISCO2514
MEM-IX8F-U
CAB-V35MT
SF25B-11.2.X
78285
MEMAXBD
LOCATION N/
Vendor
CISCO
CISCO
CISCO
CISCO
KENTROX
CISCO
EQUIPMENT SUB -TOTAL
Description
2500 DUAL E-NET/DUAL SERIAL MULTIPROTOCO
ADDTL 8MB FLASH SIMM
MALE DTE V.35 CABLE, 10 FT
2500 JOS IPAPX/AT/DEC Fir
D -SERVE S/A 56164 KBPS CSU/DSU
OPTIONAL 8MB OF DRAM MEMORY
Oty
1
1
1
1
1
1
Unit Price
1173.57
314.00
78.50
1266.00
388.57
549.50
Extended Customer Price
1173.57
314.00
78.50
1256.00
388.57
549.50
LOCATION •1
FREIGHT
2190:14
3760.14
LOCATION N1
LOCATION N1
EQUIPMENT TOTAL
INSTALLATION TOTAL
6
6
27.90
2218.04
47.90
3808.04
607.51
607.51
LOCATION N2 100 W BEAVER CREEK BLVD, AVON, CO
Desired Date: None Entered
MFR Part N
CISCO1601
SF160B-11.2.X
78285
CAB-V35MT
MEM1600-4U6FC
MEM1600.21.141)
LOCATION N2
Vendor
CISCO
CISCO
KENTROX
CISCO
CISCO
CISCO
EQUIPMENT SUB -TOTAL
Description
Cisco 1601 ElhemeVSerial Modular Rtr
Cisco 1600 JOS IPAPX Feature Set
D -SERVE S/A 56/64 KBPS CSUIDSU
MALE DTE V.35 CABLE, 10 FT
4 to 6MB Flash Factory Upgrade for C1600
2 to 4MB DRAM factory upgrade for C1600
Oty
1
1
1
1
1
1
Unit Price
702.57
628.00
388.57
78.50
196.25
196.25
Extended Customer Price
702.57
628.00
388.57
78.50
196.26
196.25
LOCATION N2
FREIGHT
2190:14
LOCATION N2
LOCATION N2
EQUIPMENT TOTAL
INSTALLATION TOTAL
6
27.90
2218.04
607.51
LOCATION N3
2250 HIGHWAY 131, WOLCOTT. CO
Desired Date: None Entered
MFR Part N
CISCO1601
SF160B-11.2.X
78285
CAB-V35MT
MEM1600.4USFC
MEM1600.21.14D
LOCATION N3
Vendor
CISCO
CISCO
KENTROX
CISCO
CISCO
CISCO
EQUIPMENT SUB -TOTAL
Description
Cisco 1601 ElhemeVSerial Modular Rtr
Cisco 1600 JOS IPAPX Feature Set
D -SERVE S/A 56/64 KBPS CSU/DSU
MALE DTE V.35 CABLE, 10 FT
4 to 6MB Flash Factory Upgrade for C1600
2 to 4MB DRAM factory upgrade for C1600
Oty
1
1
1
1
1
1
Unit Price
702.57
628.00
388.57
78.50
196.25
196.25
Extended Customer Price
702.57
628.00
388.57
78.50
196.25
196.25
LOCATION N3
FREIGHT
2190.1427.90
LOCATION N3
LOCATION N3
EQUIPMENT TOTAL
INSTALLATION TOTAL
8
2218.04
607.51
LOCATION N4
234 CODY LN, BASALT, CO
Desired Date: None Entered
MFR Part N
CISCO1601
SF160B-11.2.X
78285
CAB-V35MT
MEM1600.4U6FC
MEM1600-21.141)
LOCATION N4
Vendor
CISCO
CISCO
KENTROX
CISCO
CISCO
CISCO _
EQUIPMENT SUB -TOTAL
Description
Cisco 1601 ElhemeVSerial Modular Rtr
Cisco 1600 JOS IPAPX Feature Set
D -SERVE S/A 56/64 KBPS CSU/DSU
MALE DTE V.35 CABLE, 10 FT
4 to 6MB Flash Factory Upgrade for C1600
2 to 4MB DRAM factory upgrade for C1600
Oty
1
1
1
1
1
1
Unit Price
702.57
628.00
388.57
78.50
196.25
196.25
Extended Customer Price
702.57
628.00
388.57
78.50
196.25
196.25
LOCATION N4
FREIGHT
2190.14
LOCATION N4
LOCATION 44
EQUIPMENT TOTAL
INSTALLATION TOTAL
8
27.90
221804
675.00
LOCATION 46
712 CASTLE DR, EAGLE, CO
Desired Date: None Entered
MFR Part N
CISCO1601
SF160B-11.2.X
78285
CAB-V35MT
MEM1600.4U6FC
MEMI600-21.14D
Vendor
CISCO
CISCO
KENTROX
CJSCO
CISCO
CISCO
Description
Cisco 1601 Ethemet/Sedal Modular Rtr
Cisco 1600 JOS IPAPX Feature Set
D -SERVE S/A 56/64 KBPS CSU/DSU
MALE DTE V.35 CABLE, 10 FT
4 to 6MB Flash Factory Upgrade for C1600
2 to 4MB DRAM factory upgrade for C1600
Oty
1
1
1
1
1
1
Unit Price
702.57
628.00
388.57
78.50
196.25
196.25
Extended Customer Price
702.57
628.00
388.57
78.50
196.25
196.25
Pa" t
LOCATION 46 EQUIPMENT SUB -TOTAL 219014
LOCATION p6 FREIGHT 27.90
LOCATION A6 EQUIPMENT TOTAL 6 2218.04
LOCATION 16 INSTALLATION TOTAL 60751
PRODUCT SUB -TOTAL:
PRODUCT FREIGHT:
PRODUCT TOTAL:
LABOR TOTAL:
CONTRACT PRICE
PRODUCF.T TOTAL
...... .....____________________________________..... _____S ........
INSTALLATION --
(if applicable) ---------------------- ---------5 3105.04:
GRAN- TOTAL -------------------------- - ......
----------- ---- — --- ------ _- 5-15785_24;
.........................
Note: Price does not include teles tax.
Customer
Initial
Date
Attach this document to the customer signed purchase agreement.
NOTE
Changes to the above equipmen ardor may Impact both delivery dates and
Installation schedules. Therefore any changes associated with this contract
may necessitate a renegotiation of delivery and/or installation dates. Changes
may also result In additional charges to the customer related to restocking
and/or return fees and additional costs of processing the change or expediting
service, delivery, or installation brought about by the change request.
Peps: 2
INTERI�ISE Networking
Servi from U S west
Initial
f ,-2-z �"
Date
$ 12520.70
$159.50
$ 12690.20
$ 3105.04
Quote No. CPE124706
MAINTENANCE AGREEMENT
r�Pv
This Agreement is entered into as of this �iay of ert , 1997 , by U S WEST Communications Services, Inc.
('USW -CS") and Eagle County C ovemment ("Customer") for the work and equipment described below.
Equipment Maintained:
Quantity Description
Additional Equipment Schedules? Yes _ No X
Maintenance Availability Response
Charge Per Month Period Interval
Equipment Location: Service Maintenance Charge $2,095.18
See Attachment
Applicable Taxes will be added to the above
Service Maintenance Charge.
THE TERMS AND CONDITIONS IN THIS MAINTENANCE AGREEMENT AND THE GENERAL TERMS AND
CONDITIONS INCORPORATED BY THIS REFERENCE TOGETHER WITH ANY REFERENCED OR
INCORPORATED SCHEDULES, SHALL GOVERN THIS TRANSACTION.
CUST R o� c�cLFc U S WE T Communications Servi es,
4 �
K
Sig t e ".,� * Signature `
I' �Otoen°° �iG� �. /CcJK� /,1S
Name (Typed or Printed) Name (Typed or Printed)
Telephone Number 6Z2
Address
)aa r�nx A-'-:20
1.
5,97
Customer Service
Telephone Number
Address 1801 California St. #1700 Denver,CO
MAINTENANCE SERVICES PROVIDED
In return for Customer's payment of the specified charges, USW -CS agrees to maintain the listed equipment
("Equipment'), including any embedded software, in accordance with the manufacturer's specifications. USW -
CS will provide all necessary labor, tools and materials, and will repair or replace, at its option, any necessary
parts. All parts and materials shall be of at least equal quality to the original, and may be new or used with
equivalent -to -new performance characteristics. EXCEPT FOR THE FOREGOING, USW -CS MAKES NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOS 2.
2. PROCEDURE UPON FAILURE OR MALFUNCTION OF DATA EQUIPMENT
a. The CUSTOMER agrees to notify USW -CS Customer Service Center of failure or malfunction of the
Equipment by telephoning USW-CS's Telephone Number listed on the first page of this Agreement.
b. USW -CS Service Center and Customer will work together to understand and isolate problem(s).
c. If problem requires an on-site solution USW -CS will dispatch a Maintenance Technician based on the
availability period and response intervals shown on the first page of this Agreement.
3. PROCEDURE UPON FAILURE OR MALFUNCTION OF VIDEO EQUIPMENT
a. The CUSTOMER agrees to notify USW -CS Customer Service Center of failure or malfunction of the
Equipment by telephoning USW CS's Telephone Number listed on the first page of this Agreement.
b. When notice of an malfunction is received during USW -CS Standard Service Hours, USW CS agrees to
make every reasonable effort to have maintenance personnel respond via telephone diagnostics within two
(2) hours of said notice. When notice of an malfunction is received during hours other than USW -CS
Standard Service Hours, USW -CS agrees to make every reasonable effort to have maintenance personnel
respond via telephone diagnostics within four (4) hours of said notice, twenty-four (24) hours per day, seven
(7) days per week. USW -CS Standard Service Hours are defined for the purpose of this Agreement as 8:00
a.m. to 6:00 p.m., Monday through Friday, local time, except USW -CS observed holidays.
c. When on-site maintenance is specified as part of this Agreement, USW -CS agrees to make every reasonable
effort to have maintenance personnel respond on-site, following telephone diagnostics, within the specified
terms of the Agreement to repair or replace failed parts.
4_ EXCLUSIONS
a. Maintenance excludes all services not specifically agreed to in writing by USW -CS including, but not limited
to:
b. Work on any equipment that is not located at the address specified in this Agreement or equipment which has
been altered by anyone other than USW -CS;
c. Making Customer specification changes or adding or removing accessories, attachments or other devices;
d. Moving or relocating the Equipment;
e. Repair or replacement of lost or stolen parts or materials, or repair or replacement of parts, materials or
software damaged through accident, negligence, abuse, misuse, connection with incompatible equipment,
failure of electrical power, air conditioning or humidity control, riot or other civil disturbance, strike or other
labor trouble, sabotage, fire, flood, severe electric storms or acts of God. Customer agrees to maintain a
clean, dust -free ventilated environment with a maximum 76 degrees Fahrenheit and 30%-50% relative
humidity, or such other environment that the manufacturer may specify.
f. Failure or malfunction of attached, related, collateral or ancillary equipment not covered by this Agreement; or
g. Work on equipment not listed in this Agreement.
h. Problems resulting from work done by others during the term of this Agreement.
5. PAYMENT
The Maintenance charges set forth in this Agreement are calculated on a monthly basis, but shall be billed and
payable on an annual basis. The first annual payment will be due in full the date this Agreement is signed.
Subsequent payments are due in full at the beginning of each subsequent year throughout the term of this
Agreement.
Customer Initials
5/97
6. TERM
This Agreement will remain in effect for a period of twelve (12) months from its effective date and will
automatically renew for an additional term of one year at USW CS's then current prices (which will be submitted
sixty (60) days in advance of scheduled renewal of this Agreement) unless either party gives the other written
notice of termination at least thirty (30) days in advance of any scheduled renewal.
CREDIT
USW -CS, may, in order to safeguard its interest, require the Customer to have satisfactory, verifiable credit.
USW -CS may require additional security or deposit as it deems appropriate. USW -CS reserves the right to
decline sale or service should Customer's credit be unacceptable to USW -CS.
Customer Initials
5/97
r._.achment to Maintenance Agree,.rent
CUSTOMER: EAGLECOUNTY(CO)
QUOTE f: CPE124706
LOCATION 01
500 BROADWAY, EAGLE, CO mm.n., .n�.,....�
..t.�
Desired Date: None Entered
Vendor
Description
Contract Term
(mos.)
Qty
Maintenance Charge
Per Month
Response
Availability
U S WEST INTERPRISE
Qty
Per Month
Interval
Period
NETWORKING SERVICES
2500 DUAL E-NET/DUAL SERIAL MULTIPROTOCO
12
1
41.87
Next Day
M - F. 8.5
U S WEST INTERPRISE
Cisco 1601 Ethernet/Serial Modular RU
12
1
NETWORKING SERVICES
ADDTL 8MB FLASH SIMM
12
1
0.00
Next Day
M - F, 8.5
U S WEST INTERPRISE
Cisco 1600 IOS IPAPX Feature Set
12
1
NETWORKING SERVICES
MALE DTE V.35 CABLE, 1O FT
12
1
0.00
Next Day
M -F, 8-5
U S WEST INTERPRISE
D -SERVE SIA 56/64 KBPS CSU/DSU
12
1
NETWORKING SERVICES
2500 IOS IPAPX/AT1DEC Fit
12
1
0.00
Next Day
M - F. 8 -5
U S WEST INTERPRISE
MALE DTE V.35 CABLE, 1 O FT
12
1
NETWORKING SERVICES
D -SERVE SIA 58/64 KBPS CSU/DSU
12
1
5.89
Next Day
M - F, 8-5
U S WEST INTERPRISE
4 to 6MB Flash Factory Upgrade for C1600
12
1
NETWORKING SERVICES
OPTIONAL 8MB OF DRAM MEMORY
12
1
0.00
Next Day
M - F, 8.5
LOCATION t1
SUB -TOTAL
12
6
47.57
LOCATION 92
100 W BEAVER CREEK BLVD, AVON, CO
Desired Date: None Entered
0.00
Next Day
M - F. a-5
Vendor
Description P
Contract Term
(mos.)
Oty
Maintenance ChargeResponse
Per Month
onse
Availability
U S WEST INTERPRISE
3433
Interval
Period
NETWORKING SERVICES
Cisco 1601 Elhemet/Serial Modular Rtr
12
1
25.00
Next Day
M - F, a -5
U S WEST INTERPRISE
Description
Contract Term
(mos.)
Qty
Maintenance Charge
Response
Availability
NETWORKING SERVICES
Cisco 1600 IOS IPAPX Feature Set
12
1
0.00
Next Day
M - F, 8 -5
U S WEST INTERPRISE
Cisco 1601 Ethernet/Serial Modular RV
12
1
NETWORKING SERVICES
D -SERVE S/A 56/64 KBPS CSU/DSU
12
1
6.89
Next Day
M - F. 8.5
U S WEST INTERPRISE
NETWORKING SERVICES
MALE DTE V.35 CABLE, 10 FT
12
1
0.00
Next Day
M - F, 8.5
U S WEST INTERPRISE
NETWORKING SERVICES
4 to 6MB Flash Factory Upgrade for C1600
12
1
0.00
Next Day
M - F, 8.5
U S WEST INTERPRISE
NETWORKING SERVICES
2 to 4MB DRAM factory upgrade for C1600
12
1
0.00
Next Day
M - F. 8-5
LOCATION 12
SUB -TOTAL
6
30.90
LOCATION 03
2260 HIGHWAY 131, WOLCOTT, CO
Desired Data: None Entered
Vendor
Description
Contract Term
(mos.)
Maintenance Charge
Response
Availability
Qty
Per Month
Interval
Period
U S WEST INTERPRISE
NETWORKING SERVICES
Cisco 1601 ElhemeVSerial Modular Rtr
12
1
25.00
Next Day
M - F, B -5
U S WEST INTERPRISE
NETWORKING SERVICES
Cisco 1600 IOS IPAPX Feature Set
12
1
U S WEST INTERPRISE
0.00
Next Day
M - F, 8-5
NETWORKING SERVICES
D -SERVE SIA 56/64 KBPS CSU/DSU
12
1
5.89
Next Day
M - F, 8 -5
U S WEST INTERPRISE
NETWORKING SERVICES
MALE DTE V.35 CABLE,1 O FT
12
1
0.00
Next Day
M - F, 8 -5
U S WEST INTERPRISE
NETWORKING SERVICES
4 to 6MB Flash Factory Upgrade for C1600
12
1
0.00
Next Day
M - F, 8.5
U S WEST INTERPRISE
NETWORKING SERVICES
2 to 4MB DRAM factory upgrade for C1600
12
1
0.00
Next Day
M - F, 8.5
LOCATION /3
SUB -TOTAL
6
30.90
LOCATION 04
234 CODY LN, BASALT, CO
Desired Date: None Entered
Vendor
Description
Contract Term
(mos.)
Maintenance Charge
Response
Availability
Qty
Per Month
Interval
Period
U S WEST INTERPRISE
NETWORKING SERVICES
Cisco 1601 Ethernet/Serial Modular RU
12
1
U S WEST INTERPRISE
27.78
Next Day
M - F, 8 -5
NETWORKING SERVICES
Cisco 1600 IOS IPAPX Feature Set
12
1
U S WEST INTERPRISE
0.00
Next Day
M - F, 8.5
NETWORKING SERVICES
D -SERVE SIA 56/64 KBPS CSU/DSU
12
1
U S WEST INTERPRISE
6.55
Next Day
M - F, 8.5
NETWORKING SERVICES
MALE DTE V.35 CABLE, 1 O FT
12
1
U S WEST INTERPRISE
0.00
Next Day
M - F, 8 -5
NETWORKING SERVICES
4 to 6MB Flash Factory Upgrade for C1600
12
1
U S WEST INTERPRISE
0.00
Next Day
M - F, 8.5
NETWORKING SERVICES
2 to 4MB DRAM factory upgrade for C1600
12
1
0.00
Next Day
M - F. a-5
LOCATION e4
SUB -TOTAL
6
3433
LOCATION 16
712 CASTLE DR, EAGLE, CO
Desired Date: None Entered
Vendor
Description
Contract Term
(mos.)
Qty
Maintenance Charge
Response
Availability
U S WEST INTERPRISE
Per Month
Interval
Perio
NETWORKING SERVICES
Cisco 1601 Ethernet/Serial Modular RV
12
1
Pape:
1
25.00
Next Day
IA -F,8-5
U S WEST INTERPRISE
NETWORKING SERVICES
Cisco 1600 IOS IPAPX Feature ai
12
1
0.00
Next Day
M - F, 8 -5
U S WEST INTERPRISE
NETWORKING SERVICES
D -SERVE SJA W64 KBPS CSU/DSU
12
1
5.89
Next Day
M - F. 8 -5
U S WEST INTERPRISE
NETWORKING SERVICES
MALE DTE V.35 CABLE, 1 O FT
12
1
0.00
Next Day
M - F. 8 -5
U S WEST INTERPRISE
NETWORKING SERVICES
4 to 6MB Flash Factory Upgrade for 01600
12
1
0.00
Next Day
M - F. 8.5
U S WEST INTERPRISE
NETWORKING SERVICES
2 to 4MB DRAM factory upgrade for C1600
12
1
0.00
Next Day
M - F, 8.5
LOCATION /6
SUB -TOTAL
8
30.90
Total Monthly Maintenrice Charge:
$174.60
(excluding sales lax)
Maintenance Contract Charge Differential:
50,00
Total Contract Maintenance Charge:
S 2095.18
Note: Price does not include sales tax.
C atomer
Initial p
Date
Attach this document to the customer signed maintenance agreement.
Pop:
INTERPRIS Networking
Services // U S Waat
Initial
Date
