Loading...
HomeMy WebLinkAboutCAG2020-305 - Original - Centurylink Government Services, Inc. - Line Volume Plan - 09/28/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: OK to sign 9/25, 2020, TW. CENTURYLINK® LINE VOLUME PLAN Page 1 of 7 © CenturyLink. All Rights Reserved. OMR : R114143 CONFIDENTIAL v1.030117 1. Scope; Definitions. CITY OF KENT they are ordering CLVP provided by Qwest Corporation d/b/a CenturyLink QC CenturyLink . CLVP provides discounted rates on Discount Eligible Services based on purchase of 10 to 3,000 Contributory Access Lines, as more fully described herein. CenturyLink provides CLVP in accordance with the applicable CenturyLink tariff, price list, price schedule, administrative guideline, catalog, or other Acknowledgment. The described herein are provided in accordance with, and governed by the Tariff applicable to the Service. CenturyLink reserves the right to amend, change, withdraw, or file additional Tariffs in its sole discretion, with such updated Tariffs effective upon posting or fulfillment of any necessary regulatory requirements. This offer may not be provided in conjunction with any other local voice volume discount plan . North Dakota, Oregon, South Dakota, Utah, Washington and Wyoming. Contributory local business exchange access lines as set forth on Exhibit 2, that will be considered for purposes of determining the applicable Line Tier as set forth in Exhibit 1, both of which are incorporated by this reference and made part of this Acknowledgment. Contributory Access Lines are Flat Business Lines with or without CenturyLink Packages, Centrex 21 and Utility Line in CenturyLink areas in the 14 States. The Contributory Access Lines will be aggregated across the 14 States, and will be determined conclusively by CenturyLink records. e of the first service order to add C Flat Business Lines, Hunting associated with Flat Business Lines, CenturyLink Choice Business (USOC PGOQL only), Business Plus (USOC PGOQM only), Business Add-A-Line, and Business Prime in CenturyLink area in the 14 States. CenturyLink CenturyLink ChoiceTM Business (USOC PGOQL and PGOBA), Business Plus (USOC PGOQM, PGOQX and PGOQY), Business Add-A-Line, Business Prime, Two-Line Business, Business Line Plus and CustomChoice® for Business. that will be derived by applying discounts to the Tariff month-to-month rates for Discount Eligible Services which will appear as a credit on each monthly bill. 2. Term. This Acknowledgment will expire two years from the Discount Effective Date If CenturyLink continues to provide Service after the Term without a further agreement, the CLVP Rates will be discontinued and Service will continue at the then applicable month-to-month rate and terms and conditions of the Tariff. 3. Contributory Access Lines, Line Tier and Rates. Based on 87 Contributory Access Lines, Customer will pay the Rates for Services listed on Exhibit 1 hereto for the 50-499 line tier on each monthly bill for all Discount Eligible Services purchased during the Term. The Rates will (a) not change during the Term of this Acknowledgment; (b) commence on the Discount Effective Date; (c) not be applied to more than 3000 Discount Eligible Service lines; and (d) terminate upon expiration of the Term, and Service will continue at the applicable month-to-month rate and terms of the Tariff. 4. Changes.CenturyLink commercially offers such Change, and Customer agrees to pay all applicable charges related to such Change. Such Change will be subject to the terms and conditions of the Tariff. Rates for added Service will (a) commence on the effective bill date of the service order to add CLVP to the additional Service; (b) not be retroactive to the Discount Effective Date; and (c) terminate upon expiration of the Term. Additions to the Contributory Access Lines will not change the Rates under this Acknowledgment. The Contributory Access Lines and any Change, will be determined conclusively by CenturyLink records. 5. Minimum Line Requirement, Annual Audit, Shortfall Charge. Based on the Line Tier, Customer must maintain 50 Contributory Access Lines n during the Term of this Acknowledgment. At the end of each twelve month period following the Discount Effective Date CenturyLink will conduct an audit operational Contributory Minimum Line Requirement, Customer will promptly pay to CenturyLink a shortfall charge equal to the difference between the Minimum Line Requirement and the Line Count multiplied by $60 If Customer is charged a Shortfall Charge, CenturyLink may subsequently conduct quarterly audits and apply Shortfall Charges until Customer meets the Minimum Line Requirement. In no event will the number of actual Contributory Annual Period. 6. Termination. Customer understands that, if prior to the conclusion of the Term, Customer terminates this Acknowledgment or Service in its entirety then Customer will be liable for a termination charge equal to the Minimum Line Requirement multiplied by $15, multiplied by the number of months remaining in the Term waived if at the same time this Acknowledgment is terminated, Customer enters into a new agreement for any other CenturyLink provided service and the total value of the new service agreement, excluding any nonrecurring and special construction charges, equals or exceeds the Termination Charge, which will be considered the remaining value of this Acknowledgment. The waiver does not apply to changes between regulated and unregulated or enhanced products and services. CENTURYLINK® LINE VOLUME PLAN Page 2 of 7 © CenturyLink. All Rights Reserved. OMR : R114143 CONFIDENTIAL v1.030117 7. Governing Law; Dispute Resolution. 7.1 Governing Law; Forum. Washington state law, without regard to choice-of-law principles, governs all matters relating to this Acknowledgment, except with regard to matters which are within the exclusive jurisdiction of the state or federal regulatory agency. Any legal proceeding relating to this Acknowledgment will be brought in a U. S. District Court, or absent federal jurisdiction, in a state court of competent jurisdiction, in King County, Washington. This provision is not intended to deprive a small claims court or state agency of lawful jurisdiction that would otherwise exist over a claim or controversy between the parties. 7.2 Waiver of Jury Trial and Class Action. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a jury trial and any right to pursue any claim or action relating to this Acknowledgment on a class or consolidated basis or in a representative capacity. If for any reason the jury trial waiver is held to be unenforceable, the parties agree to binding arbitration for any dispute relating to this Acknowledgment under the Federal Arbitration Act, 9 U.S.C. § 1, et. seq. The arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules. Judgment upon the arbitration award may be entered in any court having jurisdiction. 7.3 Limitations Period. Any claim relating to this Acknowledgment must be brought within two years after the claim arises. 8. ARRA. Customer will not pay for Service with funds obtained through the American Recovery and Reinvestment Act or other similar stimulus grants or loans that would obligate CenturyLink to provide certain information or perform certain functions unless each of those obligations are explicitly identified and agreed to by the parties in this Acknowledgment or in an amendment to this Acknowledgment. 9. HIPAA. CenturyLink does not require or intend to access Customer data in its performance hereunder, including but not limited nts, which may include group health plans, that constitutes Protected Health Information R. §160.103 under the Health Insurance Portability and Accountability Act of 1996 To the extent that any exposure to PH e and not meant for the purpose of accessing, managing the PHI or creating or manipulating the PHI, such exposure is allowable under 45 CFR 164.502(a)(1)(iii). 10.Confidentiality. Except to the extent required by an open records act or similar law, neither party will, without the prior written consent of the other party: (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, this Acknowledgment) the Confidential Information of the mation that is not generally available to the public, whether of a technical, business, or other nature, and that: (i) the receiving party knows or has reason to know is confidential, proprietary, or trade secret information of the disclosing party; or (ii) is of such a nature that the receiving party should reasonably understand that the disclosing party desires to protect the information from disclosure. Confidential Information will not include information that is in the public domain through no breach of this Acknowledgment by the receiving party or is already known or is independently developed by the receiving party. Each party will use reasonable efforts to protect the ial Information, and will use at least the same efforts to protect such Confidential I s consent may only be given by its Legal Department. A party may disclose Confidential Information if required to do so by a governmental agency, by operation of law, by any court rule or court order or if necessary in any proceeding to establish rights or obligations under this Acknowledgment. 11. Use of Name and Marks. Neither party will use the name or marks of the other party or any of its Affiliates for any purpose without the other party C entity controlled by, controlling, or under common control with a party. 12. Notices. All notices must be in writing. Notices are deemed given if sent to the addressee specified for a party either (a) by registered or certified U.S. mail, return receipt requested, postage prepaid, three days after such mailing; or (b) by national overnight courier service, next business day; or (c) by facsimile when delivered if duplicate notice is also sent by regular U.S. Mail. (a) Service Notices. All Customer notices for Service disconnect and termination must be sent via e-mail to: CenturyLink, Attn.: BusinessDisconnects@centurylink.com 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 All Customer notices for Service non-renewal and other routine operational notices will be provided to its CenturyLink sales representative. Failure to provide disconnect, termination and non-renewal notices in accordance with the terms of this Acknowledgment may result in continued charges, and CenturyLink will not credit charges for such noncompliance. (b) Legal Notice. All legal notices required to be given under the Acknowledgment will be in writing and provided to CenturyLink at: 931 14th St., #900, Denver, CO 80202; Fax: 888-778-0054; Attn.: Legal Dept., and to Customer as provided in the Acknowledgment or in its absence, to Cu Link's records Attn. General Counsel. 13.General. <<CTL legal ok>> Neither Party may assign this Acknowledgment or any of its rights or obligations hereunder without the prior written consent of the other party, which will not be unreasonably withheld. Customer may not assign to a reseller or telecommunications carrier under any circumstances. If a conflict exists among provisions within this Acknowledgment, the following order of precedence will apply in descending order of control: Tariff, this Acknowledgment, and CenturyLink records. . CENTURYLINK® LINE VOLUME PLAN Page 3 of 7 © CenturyLink. All Rights Reserved. OMR : R114143 CONFIDENTIAL v1.030117 14 Non-Appropriations. Customer is a local or state governmental entity that relies on legislative budget approval to fund the Discount Eligible Services in the Underlying Acknowledgement Form. Customer intends to continue the Underlying Acknowledgement Form for its entire term and to satisfy its obligations there under. For each succeeding fiscal period: (a) Customer agrees to include in its budget request appropriations sufficient to cover Customer's obligations under the Underlying Acknowledgement Form; and (b) Customer agrees to use all reasonable and lawful means to secure these appropriations; Customer reasonably believes that sufficient funds will lawfully be appropriated to satisfy its obligations. If Customer is appropriated insufficient funds, by appropriation, appropriation limitation or grant, to continue payments to fund the Discount Eligible Services under the Underlying Acknowledgement Form and has no other funding source lawfully available to it for such purpose Customer may terminate without assessment of a Termination Fee, the Underlying Acknowledgement Form by giving CenturyLink not less than 30 days prior written notice. Upon termination Customer will remit all amounts due and all costs reasonably incurred by CenturyLink through the date of termination and, to the extent of lawfully available funds, through the end of the then current fiscal period. Termination of the Acknowledgement Form does not also terminate the underlying Discount Eligible Services. 15. Supersede Prior Agreement. Customer and CenturyLink have agreed to replace and supersede their existing CENTURYLINK® LINE VOLUME PLAN ACKNOWLEDGMENT FORM agreement, Content ID 1272492 , with this Acknowledgment. All outstanding amounts remaining due by Customer under the Prior Agreement shall remain open and due until paid in full. This Acknowledgment constitutes the entire understanding between the parties and supersedes all prior oral or written agreements or understandings relating to this subject matter. Using Centur lectronic signature process for this Acknowledgment is acceptable. CITY OF KENT Qwest Corporation d/b/a CenturyLink QC \1q\1 \s1\\s2\ Authorized Signature Authorized Signature \n1\ \n2\ Name Typed or Printed Name Typed or Printed \t1\ \t2\ Title Title \d1\ \d2\ Date Date Address for Notices: Dana Ralph Mayor 09/28/2020 CENTURYLINK® LINE VOLUME PLAN Page 4 of 7 © CenturyLink. All Rights Reserved. OMR : R114143 CONFIDENTIAL v1.030117 EXHIBIT 1 MONTHLY RATES FOR DISCOUNT ELIGIBLE SERVICES Customer: CITY OF KENT Contributory Access Lines = 87 Line Tier = 50-499 Minimum Line Requirement = 50 1.1 Discount Eligible Services and (USOCs) Flat Business Lines (1FB, 1FL, 1FA, AFK, AFV, HFB) Hunting on 1FBs will be discounted 95% in Wyoming and provided at no additional charge in the remaining 14 States. CCB CenturyLink ChoiceTM Business (PGOQL only) C CenturyLink ChoiceTM Business Plus (PGOQM only) C CenturyLink ChoiceTM Business Add-A-Line (PGOQN) C CenturyLink ChoiceTM Business Prime (PGOQT) (a)Monthly Rates 1FB CCB CCB Plus CCB AAL CCB Prime Arizona ------------- ------------- ------------- ------------- ------------- Colorado ------------- ------------- ------------- ------------- ------------- Idaho ------------- ------------- ------------- ------------- ------------- Iowa ------------- ------------- ------------- ------------- ------------- Minnesota ------------- ------------- ------------- ------------- ------------- Montana ------------- ------------- ------------- ------------- ------------- Nebraska ------------- ------------- ------------- ------------- ------------- New Mexico ------------- ------------- ------------- ------------- ------------- North Dakota ------------- ------------- ------------- ------------- ------------- Oregon ------------- ------------- ------------- ------------- ------------- South Dakota ------------- ------------- ------------- ------------- ------------- Utah ------------- ------------- ------------- ------------- ------------- Washington $24.99 2 yr 50-499 $28.99 2 yr 50-499 ------------- ------------- ------------- Wyoming ------------- ------------- ------------- ------------- ------------- CENTURYLINK® LINE VOLUME PLAN Page 5 of 7 © CenturyLink. All Rights Reserved. OMR : R114143 CONFIDENTIAL v1.030117 EXHIBIT 2 Customer: CITY OF KENT Contributory Access Lines and (USOCs) Discount Eligible Not Discount Eligible **Flat Business Lines (1FB, 1FL, 1FA, AFK, AFV, HFB)Flat Business Lines (AF4, BHS, 7FB) Utility Line (AWL) Centrex 21 (RXB, EPB, R4X, XRW, XRS, RSX, R4V, R6X) ** Flat Business Lines with the following CenturyLink ChoiceTM packages will only receive the package discount as shown on Exhibit 1. CenturyLink ChoiceTM Business (PGOQL only) CenturyLink ChoiceTM Business Plus (PGOQM only) CenturyLink ChoiceTM Business Add-A-Line (PGOQN) CenturyLink ChoiceTM Business Prime (PGOQT) NOTE: CenturyLink Choice package USOCs should not be included in the Contributory Access Line count. TOTAL Contributory Access Lines: 87 Customer certifies that the Contributory Access Lines (a) exist under the Billing Telephone Numbers shown below; or (b) will be installed at the Service Address(es) shown below. QTY BTN USOC Total 2068702429 1FB 1 2533739086 1FB 12 2534372051 1FB 3 2535206762 1FB 1 2535207782 1FB 1 2535208751 1FB 1 2535208790 1FB 1 2535208828 1FB 1 2535208932 1FB 1 2535208962 1FB 1 2536300670 1FB 4 2536301395 1FB 1 2536304826 1FB 3 2536305488 1FB 1 2536386507 1FB 1 2536387031 1FB 1 2536393538 1FB 2 2536398005 1FB 1 2538130427 1FB 1 2538130529 1FB 1 2538130567 1FB 1 2538500818 1FB 1 2538500996 1FB 1 CENTURYLINK® LINE VOLUME PLAN Page 6 of 7 © CenturyLink. All Rights Reserved. OMR : R114143 CONFIDENTIAL v1.030117 2538501213 1FB 1 2538501796 1FB 1 2538504044 1FB 1 2538505815 1FB 1 2538505869 1FB 1 2538505912 1FB 1 2538505916 1FB 1 2538505917 1FB 1 2538506330 1FB 1 2538508330 1FB 2 2538523695 1FB 1 2538524077 1FB 1 2538525933 1FB 1 2538540070 1FB 1 2538542159 1FB 4 2538543910 PGOQL 1 2538543972 1FB 1 2538544330 1FB 1 2538544625 1FB 3 2538544955 1FB 1 2538560543 1FB 2 2538561685 1FB 2 2538561871 1FB 1 2538562081 1FB 1 2538591429 1FB 1 2538592417 1FB 2 2538594194 1FB 3 2538594819 1FB 1 2538595348 1FB 1 2538597782 1FB 1 2538723643 1FB 1 2538725290 1FB 1 3608869322 1FB 1 4254325035 1FB 1 Grand Total 87 CENTURYLINK® LINE VOLUME PLAN Page 7 of 7 © CenturyLink. All Rights Reserved. OMR : R114143 CONFIDENTIAL v1.030117 Customer: City of Kent Quote #: CLVP Project Name: Line Volume Plan Created On: 8/15/2020 Expiration Date: 10/15/2020 Account Manager: Bill Olson Sales Engineer: Anthony Sciarra Description Unit Price Qty Monthly Cost Contract Term (Months) Total Price LOCATION: 220 4th Avenue S.1FB $24.99 86 $2,149.14 24 $51,579.36 Kent WA 98032 Choice Business $28.99 1 $28.99 24 $695.76 Subtotal $2,178.13 Subtotal $52,275.12 Fees and Surcharges (est) City Occupation at 6.36% $1.59 87 $138.33 24 $3,319.92 State 911 at .25 per access line $0.25 87 $21.75 24 $522.00 Local 911 at .70 per access line $0.70 87 $60.90 24 $1,461.60 Subtotal $220.98 Subtotal $5,303.52 Total Price to Customer $57,578.64 Customer Representative: ___________________________________________________________ Customer Signature: ___________________________________________________________ Job Title: ___________________________________________________________ Date: ___________________________________________________________ CenturyLink Representative: ___________________________________________________________ CenturyLink Signature: ___________________________________________________________ Job Title: ___________________________________________________________ Date: ___________________________________________________________ Dana Ralph Mayor 09/28/2020 Agreement Document from Lumen Final Audit Report 2020-09-18 Created: 2020-09-18 By: William Lawrence (william.lawrencel @lumen.com) Status: Approved Transaction ID: CBJCHBCAABAAfopel Wr4EyU6dFsN-dJpWuaZGaUwIX_9 "Agreement Document from Lumen" History s Document created by William Lawrence (william.lawrence1 @lumen.com) 2020-09-18 - 6:02:56 PM GMT- IP address: 13.108.254.8 Document emailed to Kristin Bruce (kristin.bruce@lumen.com) for approval 2020-09-18 - 6:04:24 PM GMT s Email viewed by Kristin Bruce (kristin.bruce@lumen.com) 2020-09-18 - 6:32:23 PM GMT- IP address: 155.70.39.45 c:5o Document approved by Kristin Bruce (kristin.bruce@lumen.com) Approval Date: 2020-09-18 - 6:37:43 PM GMT - Time Source: server- IP address: 50.35.198.68 ® Agreement completed. 2020-09-18 - 6:37:43 PM GMT LUMEN" Ad.b, .dBY obe Sign City of Kent Purchase Order Order number must appear on all invoices, packages, etc. Order # Order Date: 160368 OP 9/21/2020 This document is hereby deemed a valid purchase order and authorizes the procurement of the materials and/or services indicated. Please let us know immediately if you are unable to ship the complete order. Ordered by:Lynnette R Smith Info Tech-Administration Ship to: City of Kent Information Technology 400 West Gowe Street Suite 122 Kent, WA 98032 Bill to: City of Kent Accounts Payable 220 4th Avenue South Kent, WA 98032 Phone: (253) 856-5230 Vendor: 36115 CenturyLink Government Services, Inc. P. O. BOX 52124 Phoenix, AZ 85072-2124 Payment Terms: Net 30 Line Item #Description Quantity Unit Cost Ext. Cost Sales Tax Total Cost 1 Line Volume Plan (Qty 87) | Acknowledgment Form 2 Term:2020-2022-DiscountEffDate | -1st ServOrdr to add CLVP acct 3 220 4th Av. S Kent WA: 1FB | Qty 86@$24.99 ea x 24mo 51,579.36 5,157.94 56,737.30 4 Choice Business | Qty 1@$28.99 ea x 24 mo 695.76 69.58 765.34 5 City Occupation at 6.36% | Qty 87@$1.59 ea x 24 mo 3,319.92 331.99 3,651.91 6 State 911 @.25 per accessline | Qty 87 @$0.25 ea x 24 mo 522.00 52.20 574.20 7 Local 911 @.70 per accessline | Qty 87@0.70 ea x 24 mo 1,461.60 146.16 1,607.76 Approved by: Carrington, Michael Charles Mayor's Signature: ________________________________________ (Required for contracts over $20,000) Subtotal:57,578.64 Sales Tax:5,757.87 Total:63,336.51