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Home My WebLink AboutC22-347 LumenDocument No. DOC-0001109237 Scenario: SM10217995 l Page 1 of 4 Customer Information and Contract Specifications Customer Name: EAGLE COUNTY - CO Account Number: 3-A71667 Currency: USD Monthly Recurring Charges (MRC): $1,000.00 Non Recurring Charges (NRC): 0 Service Order Service Address Description Order Type Term (Months) Qty Unit MRC Unit NRC Total MRC Total NRC 3289 COOLEY MESA RD GYPSUM COLORADO 81637 UNITED STATES Dedicated Internet Access New 36 1 - Standard Delivery - To the MPoE (Customer Provided) Access -On Net New 36 1 $250.00 $0.00 - Bandwidth = 10 Gig LanWave - Wave Access (500-10,000) IP Port 1 $0.00 $0.00 $0.00 $0.00 IP Logical - Billing Method=Flat Rate - Peak Data Rate = 1000 Mbps 1 $750.00 $0.00 $750.00 $0.00 Subtotal $1,000.00 $0.00 Totals $1,000.00 $0.00 *If the Service Address column above is blank, no Service Address is required for the Service or the Service Address is identified as a data center in the Description column. SLED Terms and Conditions Governing This Order 1. "Lumen" is defined for purposes of this Order as CenturyLink Communications, LLC d/b/a Lumen Technologies Group or its affiliated entities providing Services under this Order. This Order is subject to the applicable state or municipal public records laws governing Customer and is non-binding until accepted by Lumen, as set forth in section 4. Customer places this Order by signing (including electronically or digitally) or otherwise acknowledging (in a manner acceptable to Lumen) this document and returning it to Lumen. Pricing is valid for 90 calendar days from the date indicated unless otherwise specified. 2. Prior to installation, Lumen may notify Customer in writing (including by e-mail) of price increases due to off-net vendors or increased construction costs. Customer has 5 business days following notice to terminate this Order without liability; or otherwise, Customer is deemed to accept the increase. Document No. DOC-0001109237 Scenario: SM10217995 l Page 2 of 4 3. If a generic demarcation point (such as a street address) is provided, the demarcation point for on-net services will be Lumen's Minimum Point of Entry (MPOE) at such location (as determined by Lumen). Off-net demarcation points will be the off-net vendor's MPOE. If this Order identifies aspects of services that are procured by Customer directly from third parties, Lumen is not liable for such services. 4.The service(s) identified in this Order (the “Service(s)”) is/are subject to the current, unexpired services agreement between Customer and Lumen ("Existing Agreement"–CLM # 1172284 –signed 8/2/2018) provided that, if a service attachment describing the Services is not included in the Existing Agreement, then the current standard applicable Lumen Service Attachment(s) will apply in addition to the Existing Agreement. If Customer and Lumen do not have a current Existing Agreement, then the current applicable Lumen Master Service Agreement(s), State, Local and Education Government Agencies Version, Public Safety Version for public safety services, or E-Rate Version for E-Rate eligible services (each, a “Lumen MSA”), and applicable Service Attachment(s) for the Services described in this Order will govern, copies of which are available upon request. Customer will accept and pay all charges indicated on invoices for the Services. Notwithstanding anything in any Existing Agreement to the contrary, Lumen will notify Customer of acceptance of requested Service in this Order by delivering (in writing or electronically) the date by which Lumen will install Service (the “Customer Commit Date”), by delivering the Service, or by the manner described in a Service Schedule. Lumen will deliver a written or electronic notice that the Service is installed (a “Connection Notice”), at which time billing will commence. At the expiration of the Service Term, Service will continue month-to-month at the existing rates, subject to adjustment by Lumen on 30 days’ written notice. If the Existing Agreement governs and does not include early termination charges and if Customer cancels or terminates Service for any reason other than Lumen’s uncured default or if Lumen terminates due to Customer’s uncured default, then Customer will pay Lumen’s standard early termination liability charges as identified in the Ancillary Fee Schedule at: http://www.lumen.com/ancillary-fees. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County 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). 5. Neither party will be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement service, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the performance or failure to perform under this Order. Customer's sole remedies for any nonperformance, outages, failures to deliver or defects in Service are contained in the service levels applicable to the affected Service. 6. All transport services ordered from Lumen will be treated as interstate for regulatory purposes. Customer may certify transport service as being intrastate (for regulatory purposes only) in a format as required by Lumen, but only where the transport services are sold on a stand-alone basis, the end point's for the service are located in the same state and neither end point is a Lumen provided IP port ("Intrastate Services"). Where Customer requests that services be designated as Intrastate Services, Customer certifies to Lumen that not more than 10% of Customer's traffic utilizing the Intrastate Services will be originated or terminated outside of the state in which the Intrastate Services are provided. Such election will apply prospectively only and will apply to all Intrastate Services stated in this Order. 7. Charges for certain Services are subject to (a) a monthly property tax surcharge and (b) a monthly cost recovery fee per month to reimburse Lumen for various governmental taxes and surcharges. Such charges are subject to change by Lumen and will be applied regardless of whether Customer has delivered a valid tax exemption certificate. For additional details on taxes and surcharges that are assessed, visit http://www.lumen.com/taxes. 8. Customer will pay Lumen's standard: (a) expedite charges (added to the NRC) if Customer requests a delivery date inside Lumen's standard interval duration (available upon request or in Control Center at Document No. DOC-0001109237 Scenario: SM10217995 l Page 3 of 4 https://www.centurylink.com/business/login/) and (b) unless otherwise set forth in a Service Attachment, the ancillary charges for additional activities, features or options as set forth in the Ancillary Fee Schedule, available at http://www.lumen.com/ancillary-fees. If Lumen cannot complete installation due to Customer delay or inaction, Lumen may begin charging Customer and Customer will pay such charges. 9. For certain services, equipment provided by Lumen to be located in Customer's premises ("CPE") is subject to the terms of the Customer Premise Equipment Addendum. A copy of the CPE Addendum and a list of services to which it applies is available upon request. For colocation, data center and/or hosting services, pre-arranged escorted access may be required at certain locations, and cross connect services are subject to whether facilities are available at the particular location to complete the connection. 10. Compliance with Laws. The parties comply with all laws and regulations applicable to the execution of this Order and to the provision of Services by Lumen, including, as applicable, procurement laws or regulations regarding cumulative purchases of Services by Customer. 11. E-Rate and/or RHC/HCF Funding. If Customer applies for or seeks E-Rate and/or RHC/HCF funding for the Service(s) to be provided under this Order, Customer’s Service(s) will be governed by a current eligible Existing Agreement, or if Customer and Lumen do not have a current eligible Existing Agreement, the Lumen E-Rate MSA or Lumen SLED MSA with the E-Rate and/or RHC/HCF Program Addendum will apply and must be executed contemporaneously with this Order. 12. If your network service utilizes TDM technologies, then the following apply: (a) During the Service Term and on 60 days’ prior written notice, Lumen may re-provision Customer’s off-net TDM services (“Service Re-provision”). If Customer objects to the Service Re-provision, Customer may terminate the affected service by notifying Lumen in writing within 30 days of the date of the Service Re-provision notification; and (b) During the Service Term, Lumen may increase rates for off-net TDM services. Lumen will provide Customer 60 days’ prior written notice before implementing the increase ("Rerate Notice"). If Customer objects to the increase, Customer must notify Lumen in writing within 30 days of the date of the Rerate Notice whether Customer will (i) receive the affected service on a month-to-month basis or (ii) terminate the affected service, subject to early termination lia bility charges. Under subsection (ii), Customer’s requested disconnect date must be within 90 days of the Rerate Notice. Unless Customer so notifies Lumen, the affected service will continue to be provided at the increased rates. Additional Order Terms Invoices Single prices shown above for bundled Services, or for Services provided at multiple locations, will be allocated among the individual services for the purpose of applying Taxes and regulatory fees and also may be divided on Customer’s invoice by location served. Activation Support If requested by Customer, and for an additional charge, Lumen will provide assistance with activating and/or configuring equipment on Customer’s side of the Demarcation Point (“Activation Support”). Signature Block Customer: EAGLE COUNTY - CO Document No. DOC-0001109237 Scenario: SM10217995 l Page 4 of 4 Total MRC: $1,000.00 Total NRC: 0 Signature: {{_es_signer_signature }} Name: {{_es_signer_fullname }} Title: {{_es_signer_title }} Date: {{_es_signer_date }} Customer and the individual signing above represent that such individual has the authority to bind Customer to this Agreement. CenturyLink Communications, LLC d/b/a Lumen Technologies Group Signature: {{_es_signer_signature }} Name: {{_es_signer_fullname }} Title: {{_es_signer_title }} Date: {{_es_signer_date }} Document Generation Date: 08-11-2022 % "#!"" # !$ #& " "!