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HomeMy WebLinkAboutIT10-238 - Original - Qwest Communications Company, LLC - Phone System Maintenance - 07/21/2010ecords M em KENT WA9HINGTON Vendor Name: Vendor Number: Documen CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to city clerks office. All portions are to be completed. If you have questions, please contact city clerk's office. 3 t.\\q JD Edwards Number Contract Number:tTtu &sV This is assigned by City Clerk's Office Project Name: Description: ! Interlocal Agreement ! other: ! Change Order n Amendment fiContract Contract Effective Date:-\q-\c)Termination Date; Contract Renewal Notice (DaYs):o Number of days required notice for termination or I or amendment Contract Manager:Department: Detailt (i.e. address, location, parcel number, tax id' etc'): ry :]r.-t: g S:Public\RecordsManagement\Forms\Contractcover\adcc7832 | LL/08 QWEsr LoYAL ADVANTAGE AcnEeMeHT This ewest Loyal Advantage Agreement ('Agreement") is between Q.west communications company, LLc including its subsidiaries (,,Qwest,, or *QCC") and city of Kent ("custome/ ) a-nJ is Lrective on the date QCC signs it ("Effectiv6 Date"). The offer contained in this document is only valid through July 01, 2010, ;;d will expire if customer does noiexecute and deliver the Agreement to QCC on or before that date. etectronic siglratures onthis Rgieement witl be accepted only in the form and manner prescribed by Qwest' By: CUSTOMERT OF KENT Name: Title: Date:/a the Effective Date are: .Exhibit A Qwest Select Advantage Service Exhibit Additional exhibits attached hereto as of the Effective Date are QWEST COMMUNIGATIONS GOMPANY' LLC Name: Title: Date: tfi D e Exhibit B: ewest Select Advantage Detailed Description - Classic On-Site Premium Service .Exhibit G: Pricing Schedule 2. Term. Gustomer selects the following "lnitial rerm" of the Agreement: one (1) year. At the end of the lnitial rerm' this Agreement will automatically renew for up to tour'(+i 99"r99.1t'."! reniwal periods eqiril1" the lnitial rerm (a "Renewal rerm") if not terminated earlier in accordance with this ngreemeit. The lnitial rerm and each Renewat rerm are referred to as the "Term'" 3. Rates. During the lnitial rerm, ewest will apply: (a) for Dynamic Rates, the rates in effect as of the Effective Date unless customer receives a promotional nel rate; or (b) for 'siatic'nates, the rates that aie in effect at the time the service is ordered' when the Agreement renews, Qwest will apply: (c) ru, 6vn"ri" fate!, g'e then-current rates unless customer received a promotional net rate; or (d) for static Rates, the rates that ard in effect at the time the service is ordered. After the conclusion of each service,s minimum service period, ewest reservesl'rl dght to modify -static Rates and promotional.discounts off Dynamic Rates upon not less than 30 days, priorwritten notice to customei; p"rovided thai Qwest may reduce the.fo.regoing notice period or modify rates or discounts prior to the conclusion of the minimum service'period, ", n""urrury, it suctr modjfiiation is blsed upon Regulatory Activity' lf Regulatory Activity ""u."i an increase in the rates for bustomeis ordered services that materially and adversely affects customer' then customer may terminate the affected service upon ao days' prior writien notice to QCC without liability for cancellation charges for the affected service, provided, however tnat cusiomer: (e)"provides.such notice within 30 days after the increase occurs; and (0 provides ecc 30 oays to'cure such increase. rr iustomer oids'not provide QCC such notice during the time permitted in this section' bustomer will have waived its right to terminate the affected Service under this Section. 4. payment. Customer must pay eCC all charges within 30 days from the invoice date. Any amount not paid when due will be subject to late interest the lesser of Lsot" per montnlr the maximum rate allowed by law or required by Tariff. customer must also pay ecc any applicable raxl" assessed in connection wftr Cu.tomer's services. Tixes are subject to change. QCC may reasonably modify the payment terms or require other assurl'n." of p"y*"nt based on Customer's paynient hislory or a material and adverse change in customer,s financial condition. customer must noi remit payment for the serviceioy funds obtained through the American Recovery and Reinvestment Act (or ARRA) or other simitar stimuiuj grants or loans that would obligate Qwest to provide certain information or perform ""rt"in funitions unt6ss those functions anc onti*gaiions are specifically included and agreed to by the parties elsewhere in this Agreement or in an amendment to this Agreement' 5. Licenses; DisPatch Fee. b.1 lf ewest must access a building that houses custome/s premises to install, operate, or maintain Service or associated Qwest equipment, customer wiil provide or secure at cusiomeis expense tne tottowing itemi: (a) ubproptiai" ipace ano power; and (b) rights t or licenses, s.2 Any facility or equipment repairs on customer's side of rhe demarcation point which are..not included in Exhibit c, the pricing schedule for maintenance services provided ,no"i inir Agr"ement, are custome/s responsibility. lf customer requests a technician visit for a problem that ewest determines: (a) not t-n" ca"used by bwegt facilities or equipment.on the Qwest side of the demarcation point; or (b) is on customer,s side of tne oemarcaiior p"iri ano wtricrr is not included in tire maintenance services provided under this Page 1 CONFIDENTIALo415449 Copyrisht @ Qwest. All Rishts T?s2e#;3 QWEST LoYAL ADVANTAGE@ ncnrrmerut Agreement as included in Exhibit c, Qwest will assess a separate dispatch fee. Qwest will notify customer and obtain cuslomer's authorization before dispatching a technician. 6. Disclaimer of Warranties & lndemnification. 6.1 EXCEPT FOR EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT' SERVICE EXHIBIT' SERVICE DESCRIpTIONS, OR DETATLED DEScRtPTtOf'r, -OWrSf DISCLAIMS_ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHoUT LtMtTATtoN, WARRANTTES oF TITLE, r,loNrr.rrnrNcEMENT, MERCHANTABILITY, oR FITNESS FoR A PARTIGULAR puRposE. EXcEpr As EXpRESSLy sET roirH ru rHts AGREEMENT, sERVlcE Erylql]' oR DETAILED DESCRIPTION' cusroMER ASSUMEs TorAL RESpoNSrBrLrry FoR usE oF THE sERVlcES. Qcc DlscLAlMS: (A) ANY LlABlLlrY FoR LOSS, DAMAGE, OR INJURY TO ANY PARTY AS A RESULT OF ANY CPE; AND (B) ALL WARRANTIES FOR CPE' 6.2 QCC shall defend, indemnify and hold the customer. its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, inctuOing all legal costs and attorniy fees. arising out of or in connection with ecc,s performance of this Agreement, e*cept tor ir,ai'p;rtil oitne inl-uries and damages ciused. by the customer's performdnce' The customer,s inspection or acceptance of any of odc;s'worr when corirpleted shall nolbe grounds io avoid any of these covenants of indemnification. should "-|91rri ;i ;rpetent jurisdiction determine tnai tnis Agreement is iubject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injurv to p"rront or damages tlo property caus^edty or resulting from ihe concurrent negligence of ecc and the cu-stomer its offibers, otriciais, employees, agents and volunteers, QCC's liability hereunder shall be only to the extent of QCC's negligence. 6.3 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN coNSITUTES ecc's WAtvER oF lMMUNlif ur'rbri INDUsTEAL INSL]F4N.9,E,. ^TLIIE s1 RcW, SoLELY FoR rHE PURPoSESoFTHlSlNDEMN|FlcATloN,BUToNl-ywrnffioNNEcTloNWlTHTHlsAGREEMENT. THE PARTIES FURTHER ATKNoWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 6,4 The provisions of this section shall survive the expiration or termination of this Agreement. 7. Limitation of LiabilitY. 7.1 NEITHER PARW, ITS AFFILIATES, AGENTS, OR CONTMCTORS WILL BE LIABLE FOR ANY INDIRECT' INCIDENTAL' SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTINI DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA oR cosrs oF covER RELATTNG ro rHisrnvtcEs oR THls AGREEMENT, REGARDLESS oF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, WITH REGARD TO ANY SERVICE RELATED CLAIM BY CUSTOMER FOR DAMAGES THAT ls NoT LIMITED By THE pRE-CEDING sENTENCE, cusToMER's EXCLUSIVE REMEDIES FoR sucH CLAIM wtLL BE LtMtrED ro: tnl tiiosE nrrrrriores iEr ronrH lN THE AppLtcABLE sERVtcE LEVEL AGREEMENT; oR (B) lF No sERvtcE LEVEL AGREEMENT Extsrs, rue iornl MRCs oR usAGE CHARGES PAID BY cusroMER To Qcc FoR THE AFFECTED SERVICE IN THE ONE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE cLAIM. EAcH PARTY,S TOTAL AGGREGAiE LIABILITY RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL MRcS AND USAGE CHARGES PAID BY CUSiOMER TO QCC IN THE THREE MONTHS IMMEDIATELY PRECEDING THE occuRRENcE OF THE EVENT GtVtNG RISE TO iHE CLATM (the "Damage Cap"). This limitation of liability and Damage cap will not apply to a party,s obligations under the Responsibilities Section below dr Customer's payment obligation for charges under this ngi;;;"t (e.g., s6rvice ""n"rg"" Taxes, interesi, rarty Termination Charges, and Cancellation Charges)' T,Z Any claim relating to this Agreement must be brought within the applicable statutory period' g. personal lnjury, Death, and property Damage. To the extent permitted under law, each party will be responsible to the other party for the actual, physical damages d'rrecily orio by its negligeni acts or omissions in the course of its per-formance under this Agreement, limited to damages resulting tror p"r"onui iniury or aii11r t9 a party's gTpl?yg.e.. and loss or damage to a party's personal tangible property. Damages under this section *irr u" "u6i"6t to the limitation oi tiauitiiy in this Agreement but not the Damage cap' g. Responsibilities. To the extent permitted under law, each party agrees to be responsible to the other party, its Affiliates, agents' and contractors against all third party claims, liabilities, costs, and eipenses, including reasonable attorneys' fees, involving personal injury or death to persons or loss or damage to person'at tangible property i"trrting frJm the.g-ross. negligence or willful misconduct of tne rLsponsiOte party. Resale or modificatio-n of the Services by Customer or End Users is prohibited' 10. Termination. 10.1 Service; service Exhibit. Either party may terminate an individual service or a Service Exhibit: (a) in accordance with the individual service gxrriuirs leim requirements r"itfr oo days' prior written notice to the other party; or (b) for caus-e' lf service or a service Exhibit is terminated by customer ror "nv-L"J" "1n"1 lhan for cause or by Qwest-for cause, then customer will pay cancellation charges, if any, under the terms of the service Exhibit. cuslomer will remain liable for charges accrued but unpaid as of the termination date. 10.2 Agreement. Either party may terminate this Agreement and all.service by: (a) providing written notice to the other party of its intention not to renew tne AgreLment at least so Jay; prior to the expiration of t'he-then current Term; or (b) for Cause' .lf customer terminates this Agreement fir service-related ctaiml, bause to terniinate an individual service Exhibit will not constitute cause to Page2 CONFIDENTIALQ415449 Copyright @ Qwest. nn niOnts nensre;;fl QWEST LoYALADVANTAGE AcneeMENT terminate this Agreement; rather, cause to terminate the entire Agreement for service-related claims will exist only if customer has cause to terminate all or substantially all of ttre services under th-e appticaote service level agreement, service Exhibit, or Tariff' lf customer terminales this Agreement for convenience or ecc terminates it for cause prioi to the conclusion of the Term' then customer will pay the higher of: (c) the rarty rerm-ination cnurg"; or (d) the iotal cancellition charges that apply for terminating all QCC Service at the time the Agreement is terminated' 11. GpNl. Qwest is required by law to treat GpNl confidentially. customer and Qwest agree that Qwest may share cPNl within its business operations (e.g., wireless, local, long oistance, anC broadband services divisions), but not with businesses acting on Qwest's behalf, to determine ir cusiomer courd beneit fr; th.; *iJ" u"ir"ty of oweit products ano serviles, and in its marketing and sales activities. customeis d";.d; reliroing owest's use oicprut *ltthot affect the quality of service Qwest provides customer' 12. confidentiality; publicity. Except to the extenr required by gn gpe-n records act or similar law, neither party will, without the prior written consent of the other party: (a) disclose any of the terms oJ,.this Agreement or use the name or marks of the other party or its Affiliates; or (b) disclose or use (except as expiessty permitted by,.or-required to achieve the purposes of, this Agreement) the confidential lnformation of the other party. Each party will use reasonabr" "tr,lrti to protect the other;s ionfidential lnformation' and will use at least the same efforts to protect sucn conRJeirtiai tntormation as the pariy would use to protect its own. Qwest's consent may only be given by its Legat Department. A party n1"viiiiJ"li Contioentiat tni jimulion if required io do so by a governmental agency, by operation of law, or if necessary in any proceeoing'to ""t"blish rights or outilati-ns underthis Agreement, provided that the disclosing plrty gives the non_disclosing party reasonable prior written notice. 13. Dispute Resolution; Governing Law. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or related to this Agreerieni.-Litn"r party maiinitiate negotiations by providing a written notice to the other pariy setting forth the dispute and the relief requested. lf the parti6s are ,n"oi" tJiesotve suc-h dispute wittrin a reasonable period of time, either party may "on,'r"n"" a civil action i. " ."rrt "r"omfetentjurisdiciion locatedin King county, washington' To the extent the communications Aci of 1934 does not govern, this Agreementwill be gou;il"d by the lawi of thestate in which the customer's principal offlce is rocatei wiir,orir"!"ri19 its. crroice-of taw principles.-Notwitnstinding the above, any action by QCC to collect payment for services may be commenced in_ xing County, wurningion. gacn party cons6nts to the jurisdiction of such courts for the purposes described in thi's section. Each party wiit il;;iil cost of-preparingaio piesenting its own daims and/or defenses (including its own attorneys' fees). 14. Non-Appropriations. customer intends to continue this Agreement for its entire Term and to satisfy its obligations hereunder' For each fiscal period for customer: (a) customei;;;;;; to in"t,ioe. in its budget request appropriations sufficient to cover customer's obligations under this Agreement; (b)customer'"?r"* t9 use_all reason"6le anb tawrui means to secure these appropriations' including but not limited to applying for univ.ersal b"ervice Fund Discounts as oescrioed in the Federal communications commission Docket No. g6-45; (c) Customer agrees it will not uie non-appropriations as a means of terminating this Agreement in order to acquire functionally equivalent products oi services trom a triro party.' custom"i i"a"onaoly believes that sufficient funds to discharge its obligations can and will lawfully be appropriateo uno muie available for this purposl. ln the.event that customer is appropriated insufficient funds, by appropriation, appropriation iirnitution or grant, to coniinJe payments under. this Agreement and has no other funding source laMully avaiiaute to it fbi- su"tr pripotu (as evioJnced by. notarized dotuments provided by customer and agreed to by ecc), customer may terminate rhis Agreeme"t *inrroriin.urring an r"irv ieimin"tion charge or cancellation charges by giving QCC not less than 30 days, prior written notice upon termination'and to tlre extent of lawfuliy available funds, customer will remit all amounts due and att cos'ti ieasonably incurred 6y ACC through the date of termination' 15. Notices. 18.1 Required Notices. customefs current address, facsimile number, and person dgtis-Efdjg notices are: Paul Dunn' Technical services Manager, tnformation Technotogy, city';;-ti;;i ffi; td4[ A;9 s. kent, wA 9-s032, 2-53-856-4700 (fax)' Unless otherwise provided herein, all required notices to etc *i,st u" in *ritiirg, sent to tgot catiiornia st., #900, Denver, co 80202; Fax: 888-778- 0054; Attn.: Legal Dep't., and to customer at its then current iddress as reflected in QCC',s records; Attn': General counsel or other person designated tor noti"ei. untess oflrerwise'piouiJuJ n"r"in or in a service Exhibit, all notices will be deemed given: (i) when delivered in person to the recipient named "b;iliiiile ousiness.oav" "n", mailed via regular u.s' Mail; (iii) when delivered via overnight courier *.ir; oi'tlui*'fi.n O"iiuurlO by fax if'duplicate notice is also sent by regular U'S' Mail' 15.2 Service Termination Notices, custome/s notice of termination for QCC Services must be sent via mail, facsimile or e-mail to: ewest, Attn.: Dublin service center, GBM Disconnects,4650 Lakehurst, ind Floor Disconnect center, Dublin, oH 43017' FAX: 866.887.6633, e-mait: GBMdisconnectsoowest.Jom.-il"ni"rrination witibe effective 30 days after QCC's receipt of the notice' unless a longer period is otherwise required.Ei services unoer ttre-'3Ject Advantage dervice Exhibit, customer must call the customer iare'number specified on Cuitomer's invoice to provide notice of termination' 16. Assignment. Either party may assign this Agreement without the other party's prior written consent: (a) in connection with the sale of all or substantially all of its assets; (b) to thJsurviving entity in uny meri"r or consolidation; (c) to an Affiliate; or (d) to satisfy a regulatory requirement imposed upon a partv oy'a-g;"inr""ntui 6oov. witn ap"propriate authority; piovided such party gives the other party 30 days, prior written notite of 'rr"'t'r irJidr'r"ni nnv .asiignee 6i ttre customer must have a financial standing and creditworthiness equal to or better rnan customeii, ". r"""on,iuy oeleimined by Qwest, throu.gh a generally accepted' third party credit rating index (i.e. rjaB, sai, etc.). Any otnei assilnment will rlquire the prior written consent of the other party' 17, General. This Agreement is intended solely for eCC and Customer, and not the benefit of any other person or entity (e'g', End Page 3 CONFIDENTIALQ415449 Copyright @ Qwest. All Rishts R?s2ed1?3 QWEST LoYAL ADVANTAGE AcnreueNT Users). lf any term of this Agreement is held unenforceable, such term will be consirued as nearly as possible to reflect the original intent of the parties and the remaining terms will remain in effect. Except for time requirements as specifically stated in a Service Exhibit or service tuu"r agreemeni, n"it"t"r party's failure to insist upon strict performante of. any provision of this Agreement will be construed as a waiver ori'nv or lts'rights tre'reuider. All terms of thi's Agreement that should by iheir nature survive the termination of this Agreement will so surviie. ln thievent of a connici in any term of aiy documents that goveln the provision of services hereunder, the following order of precedence will apply in oes"enoing orler o-r co.n1r61; a service Exhidit, this Agreement, and any order Form' lf services are provided pursuant to a Tariff, RSS, or lss is described in the applicable service_Exhibits, the order of precedence will apply in the following descending order of controt: Tariff, Service Exhibit, Agrbement, RSS, l.SS and Order Form' Certain Service Exhibits may conlain terms that vary considerably from the terms set forth in this Agreement. Neither. party will be liable for any delay or failure to perform its obligations hereunder ir sucrr Jeiav or failure is caused by a Force Majeure Event. Except for service modifications initiated by QCC or as set forth in a service Exhibit, all amendments to this Agreement must be in writing and signed by the parties, authorized representatives. Each party reserves the ;ight at any time to reje-ct any handwritten change to this Agreement' customer represents that its full legal name is accrlrately stated, th6 p.erson signing this Agreeinent is duly aulhorized to do so, and the execution of this Agreement is notln conflict witn an/ia'wi, "nrrt"rr,' bylaws, irticles of aisociation,.or agreements to which customer is bound or affected. owest may act in reliance ,pon'unv initruction or iignature reasonably believed by Qwest to be genuine' 1g. Entire Agreement. This Agreement, any applicable Service Exhibit, Detailed Description, Service Descriptions, and Qwest- accepted order Forms consiitute tie entire agreement between customer and QCC and supersede all prior oral or written agreements or understandings relating to this subject matter. 19. Definitions "Affiliate" means any entity controlled by, controlling, or under common control with a party' .AUp,, means the ewest Acceptable Use policy, which is posted at http://www.qwest.com/leqal/, including all future revisions' ,,Cancellation Charge" means cancellation or termination charges that apply when Customer cancels Service without Cause: (a) as described in a service Exhibit; and (b) wtren cnarges "i" i""uriJo oy oci rrom a third party provider as a result of an early termination' ,,Cause,, means the failure of a party to perform a material obligation under this Agreement,. which failure is not remedied: (a) for payment defaults by customer, *itnin rorty-tiue t+sioavr atter tre"original payment du; date.or ten.(10) days after two separate written notices from ecc of such default; or (b) for "ny oiir"ii'rieriat oreac6, wittrln go days of written notice (unless a different notice period is specified in this Agreement). ,,confidential lnformation,, means any information that is not generally available to the public, whether of a technical, business, or other nature, (including customer informiiion or cptti), ano thai: (a).the..receiving party knows or.has reason to know is confidential' proprietary, or trade secret information of the oiscii,slng partt; dn'olor (b) is of s-uin " natrre that the receiving party should reasonably understand that the disclosing party desires to protect iu'cn intormation against unrestricted disclosure. confidential lnformation will not include information trat is in"trre puulic domain ttriough no breach of this Agreement by the receiving party or is already known or is independently developed by the receiving party. "Convenience" means any reason other than Cause. ,,CpE,, means any customer equipment, software, and/or other materials of Customer used in connection with the Service' ,,cpNl, means customer proprietary Network lnformalion, which includes confidential account, usage, and billing-related information about the quantity, technical configuration, type, oliiinifion, location, and amount of use of a customer's telecommunications services' cpNl reflects the telecommunications products, ""ri."r, and features that a customer subscribes to and the usage of such services' including call detail information appearing in a bill. cPNl does not include a customer's name, address, or telephone number' ,,Detailed Description" is defined in the select Advantage seruice Exhibit. .Dynamic Rates" means rates based upon Qwest database entries which may change as described in this Agreement' ,,Early Termination charge,, means an amount equal to 3s% of the average monthly charges billed under this Agreement through the date'of termination multiplied by the number of months remaining in the Term. ,,End user,, means customer,s members, end users, customers, or any other third parties who use or access the services or the QCC network via the Services. ,,Force Majeure Event" means an unforeseeable event beyond th_eteasonable control of that party, including without limitation: act of God, fire, flood, labor strike, sabotage, cable cut not "aused by aCC, acts of terror, material shortages or unavailability, government laws or regulations, war or civil disorder, or failures of suppliers of goods and services. -lss' means lnformation services schedule posted at the following site ?nd is subject to change' htio:1/tariffs.owest.com:80oo/idc/oroups/public/documents/seruice aqreements/qcc info services'pdf' "MRC" means monthly recurring charges. "NRC" means nonrecurring charges. .Order Form,, includes both order requesl forms and quotes issued by aCC. lf a QCC service requires a quote to validate the Order Form pricing, the quote wiil take precedence over the oider request forh, but not over the Service Exhibit' ,,Regulatory Activity,, is a regulation or ruling, including modifications thereto, by any regulatorY.agency, legislative body or court of competent jurisdiction. ewes-t reserves tne rignt to .r"lno, change, withdraw or tite aloitional rariffJ or RSS in its sole discretion, with suctj upOat'eO Tariffs or iSS effective upon p6sting or upon fulfillment of any necessary regulatory requirements' Q41544e coN?ffiEirrnr- copvrisht @ Qwest' All Rishts Reserved v1.02O110 QCC's Rates and Services Schedule posted at and other rate and term schedules, incorporated bY this reference. "service Descriptions" is defined in the Managed Applications Service Exhibit' "State" means one of the 50 states of the United States or the District of Columbia' ,,Static Rates,, means rates that are in effect at the iime service is ordered and which may change as described in this Agreement' .Tariff, includes as applicable: QCC state tariffs, price lists, price schedules, administrative guidelines, catalogs, and rate and term schedules, incorporated by this reference' ,,Taxes', means foreign, federal, state, and local excise, gross receipts, sales, privilege, or other tax (other than net income) now or in the future imposed by any governmental entity (whether'such raxes are assessed b-y a governmental authority directly upon QCC or the customer) attributable or measured by the sale frice or transaction amount, or "ur"ti"rg"s, fees, and other similar charges' which are required or permitted to be assessed on the Customer' "RSS' means as aPPlicable QWEST LOYAL ADVANTAGE@ AGREEMENT QCC's lnternational Rates and Page 5 CONFIDENTIAL Schedule Posted atServices lnterstate Q415449 copyright @ Qwest. All Rishts T?s2e#i$ ewEsr LoYAL ADVANTAGE ecReeMeNt EXHIBIT A QWEST@ SELECT ADVANTAGETM SERVICE EXHIBIT 1. General; Definitions. Capitalized terms not defined herein are defined in the Agreement. QCC will provide Products and services (collectively ,,solutions,,) under the terms of in" ngr"e*ent, the service Exhibit, the Purchase order andlor sow' This service Exhibit may not be used for the purchase of uoice, da"ta or lP services, ln the event of a conflict in any term of any documents that govern the provision of Solutions hereunder, tne forriwing orderof precedence will apply in descending order of control: any SOW' any Detailed Description(s), this service Exhibit, tire ngre";int, and any Po. with respbbt-to th.e Agreement, "service" is replaced by ,,S6tution" as defined neriin, anO "Order Form" is replaced with "Purchase Order'' as defined herein. .CpE,, means either: (a) Customer Purchased Equipment, or (b) Cuslomer Premises Equipment; and consists of hardware' software and materials used in ihe transport and/or terminaiion/storage of data and voice transmission. ,,Detailed Description(s)" means the terms and conditions of the Solution provided by QCC which are posted at www. QwestSelectAdvantage.com. "Products" means CPE and Software offerings from QCC' ,,purchase Orde/, or.pO" means either (a) a written document issued by Customer for the procurement of Solutions from QCC; or (b) a QCC quote or service order signed by Customer. ,,services,, means offerings from QCC that (a) install, maintain or manage cPE; or (b) support customer netwolk management objectives. "Software" means software license offerings' "sow' means a statement of work that provides specific details, agreed to by QCC and custome.r, relating to the solution purchased under a po or the sow. Agreement on tne terms of the sow iritt ne satisfied by QCC sending the final version of the sow to Customer; and Customer's signature on ihe SOW. ,,Change Order,, means any change, submitted by Customer to QCC or QCC to Customer, to a SOW that was previously agreed upon by OC"C and Customer. Customei will be responsible for all charges related to such SOW Change Order' 2. Qwest Select Advantage Solutions. 2.1 purchase. Customer may purchase Solutions by issuing a PO to QCC, or executing a SOW. Customer's purchase of Solutions -i, ,"u.i""j't" Ilj'""r,ti"rr"o by Detailed Description(s; ,i,tri.r' ,i" posted at www.QwestSelectAdvantage.com, and are incorporated by this reference. By issuing a po to eCC, Gustomer wanants thit Customer has read and agrees to the terms and conditions of the Detailed Description(s). dustomer's continued use of the solution constitutes acceptance of trose changes. Notwithstanding the preceding, services purchased under the Classic On-Site Premium Detailed Description will be subject to those terms and conditions as attached hereto during the Term of the Agreem"ni. tt tn" Po issued by customei contains any pieprinted terms, the preprinted terms will not amend, modify or supplement this service Exhibit in any way whatsoever, notwithsianding any provisions in a Po to the contrary. Any po or sow must (a) reference "nJi*orpo"te thL se;vice Exhibit and its Effective Date, (b) contain the customer's "*""ii.jgri name, and G) inciude Jny ottrer requirements as may be further described in the Detailed Description(s)' 2,2 Limitation of Liability, WITH REGARD TO ANY SERVICE RELATED CLAIM BY CUSTOMER FOR DAMAGES THAT lS NOT LIMITED BY THE LIMITATION OF LIABILITY IN THE AGREEMENT, QCC'S TOTAL AGGREGATE LIABILITY' UNLESS OTHERWISE STATED IN THE DETAILED DESCRIPTIONS OR SOW, NNISIruG FROM OR RELATED TO THIS SERVICE EXHIBIT WILL IN NO EVENT EXCEED THREE MONTH'S SERVICE CHARGE. 3, Term; Termination. This Service Exhibit will commence on the Effective Date of the Agreement (or, if. applicable, an amendment to the Agreement if this service Exhibit is added to the Agreement after its Effective Date),-and.will remain in effect until canceled by either party upon 30 days prior written notice to the other pirty, or as otheruvise-stated in the sow. lf service is terminated for any reason other than cause, service ruy n" "roj"ct Terminaiion-ih"rg"" as set fqrth in-the Detailed Descriptions or sow' Termination will not an"J onrig;iioni unoer prrlrl"r" oiil"t accepted prior to ihe effective date of termination, and this service Exhibit will remain in effect as to suchlbligations in the event it would otherwise have terminated. 4. Gharges. Charges for Solutions will be specified in each PO or SOW and are due and payable upon Customer's receipt of the invoice or as otheruise stated in the po or sow. Any payment not received within 30 days after_the invoice date may be subject to interest charges as permitted by applicable taw. sotutiohs are riot entifled to the QTA Disiount. customer will not be eligible for any Oiscounts or'promotionat ofers 6tnbi than those specifically set forth in an executed PO. Page 6 CONFIDENTIALQ415449 Copyrisht @ Qwest. ru niOnts X;r6;$ QWEsT LoYAL ADVANTAGE@ AcneenneNt EXHIBIT B owEsr@:?f':lf:Jfrtl+""#il=,,1n','ER'i'SscRrPrroN This Qwest select Advantage Detailed Description ("Detailed ogs_cr!plio_{') is made a part of, and is subject in all respects to' the agreement by and belween-ewest communic;ti;sb;;p;nx r.r-c tig.c-ct fikla Qwesicomm.unications corporation and customer under which customer is purchasing products ""i'serviJ; (Jdotution"") tro'nr occ ("Agreement"), and governs the solutions defined herein. 1, General; Definitions. Capitalized terms not defined herein are defined in the Agreemenl. ,,Acceptance,, means customer agrees that ecc has provided the solution as defined herein and that customer will fulfill its obligation for payment of Solution. ,,Best Effort Network,, means any private or public network that can not sustain Quality of service (Qos) for time sensitive traffic from one end pointto another' ,,cente/, means the QCG Customer service center reachable a|800421'2271. .covered system,, means the pBX, lp-enabled pBX, lp pBX or key system for which QCC will provide maintenance coverage as described herein. ,,End of Life,,or.EOL,'means equipment or software that is no longer available or supported by the manufacturer or producer' ,,End of sale,, or ,,EOS" means new equipment or software that is no longer available for purchase from the manufacturer or producer nri "upp"rt and replacement equipment is available from the manufaclurer or producer. ,,Engagement,, means the period of time between when QCC receives a trouble report from Customer and when lhe Center confirms witfiC-ustomer both technician assignment and entitlement to support. ,,Non-standard products" means hardware or software purchased from QCC that is not part of QCC standard product portfolio' .Field Replaceable Unif,means a circuit board, part, or assemblythat can be quickly and easily removed and replaced by a iechnician without having to send the entire product or system to a repair facility. ,,Hazardous Substance" means a substance regulated by any Safety Regulaiion and includes, but is not limited to, asbestos' "Lease" means a separate agreement with Qwest Technology Finance used to linance Service' ,,Local Time" means the time zone in which covered system is located. .Maintenance Term,, means the period of time the product manufacturer will provide service for Products listed in PO' ,,Manufacturer Discontinued,, or,,MD" means equipment or soflware that is no longer available from the manufacturer or producer but is supported by the manufacturer or producer. ,,Response,, means the period of time between when ecc and customer determine remote diagnostic efforts are inadequate to resolve reported problem or a Field Replaceable Unit is identified for replacement and when QCC technician arrives at the site of the covered System. ,,Service,, means eCC maintenance of the Covered System, which may include embedded software, in accordance to the manufacturer's sPecifl cations. ,,System lntegrity,, means: (a) eCC is the Custome/s channel partner.of record for Covered System; and (b) all system hardware is (a) uni"i*riiuniy iupport t il'OCC, or (b) covered by this Service or other QCC maintenance services' ,,Safety Regulations,, means all applicable health, safety and environmental laws, rules and regulations, including but not limited to occufiationit safety and ieartr nlininistration's and the-Environmental Protection Agency's rules and regulations' ,,Zip-to-Zone Guide,, means the matrix used by ecc to determine service and service Level Agreement availability' Availability information will be provided to Customer upon request' 2. purchasing. customer,s pO must include a service quote containing Covered Syslem's (a) part numbers, (b) quantities' (c) descriptions, (d) manufacturer system identifiers and/or seriat numbers, (e; riaintenance prices, and (f) Maintenance Term' QCC will provide all necessary l"oii tooiJ, and materials, unJ *ilr repair or replai", it itr option, any necessary parts in connection with service' To the extent that ecc provides labor herein, curiorer wiir provide """u.i to obc and/or its applicable affiliates, subcontractors and vendors performing such work. 3. system lntegrity. To receive service from ecc, customer agrees to maintain system lntegrity. QCC reserves the right to deny service if Gustomer fails to maintain systernlntegrity. acc may r-equest customer to provide documentation demonstrating system lntegrity. prior to assumi"g *"rr""tv "nc oi miiniena^"" l'".ponsibitities for currently installed equipment, Qwest will perform, at no additional charge, an audit 6f customer's +iern; to ensure that such equipment is in good working order and installed according to manufacturer,s specifications ('syste'ms lntegrit nuoit"). Any equi'prirent not meeting this criteria, or not installed in accordance with manufJr;;A;p;;',fi;atidns, witi oe iaeititieo and'reviewed'with customer. such equipment or components and/or installation deficiencies will then either (a) ne repraceo and/or corrected by the current service provider prior to. Qwest.assuming responsibility; or (b) as mutually agreed upon between Qwest and customer, replaced and/or corrected on a time-and-materials basis by Qwest, PageT CONFIDENTIALQ415449 copyrisht@ Qwest. Al Rishts ??ledl;3 QWEST LoYAL ADVANTAGE aGneEMeNt EXHIBIT B ewEsr@?i'fr"#:Jfi[I+"F;:il.r'$'lERuo,EscRrP'oN 4, service warranty. ecc warrants that service will be: (a) provided in a professiona.l .manner in accordance with QCC's standard procedures, (b) performed by appropriat"-rv r""*i"og""ui"'"'no sr,Jrr"o per"6nnel,- and (c) conform to the standards generally observed in the industry for similar services' 5. QCC Responsibilities' QCC will perform the following tasks: . Accept trouble ieports 24 houis per day, 7 days per week, including QCC,observed holidays . Perform trouble isolation 24 hours p"t O.y, 7 days per week, including QCG observed holidays . lf ecc and Gustomer determine "n on-.ii" Response is required, o-cc witt resp-ond within the established response times tisted , in the pricing schedule attacneo ti ii;'Aii;;;;;"1 ,i'r"n'dr c including'QCC observed holidavs to continue trouble isolation ol implement trouble resolution . eCC will make a reasonable effort to arrive at Customer's site with all required replacement parts 6. customer Responsibilities. customer will perform the following tasks: . Provide information to assist QCC in determining service entitlement rProvideserialnumbersandspecificlocationofthecoveredSystem r Assist occ in accessing the bovered system remotely either by modem or lnternet . provide 30-day ;;ti;; tJ Occ of any changes to the iovered System listed on the PO r provide five-dJy notice to eCC of any crranges to the personnel authorized to contact QCC rPerformduediligencetoprotecttheCoveredSystemfromabuseandmisuse . Comply with all manufacturer environmental requirements T, Trouble Reports. customer will report problems with the covered system to^ center and QCC will follow then-current methods and procedures to resolveltre trounte ,"port. Fo, each trouble report openLJ, QCC will meas^ure Engagement and Response times' QCC ,will work each reported problem ba:eu on 'piioriiv lr-ouiin"b in ttiis se&ion. QGC and customer will reach an agreement and mutuat understanding of ihilriltity;iirre irounfe'nepoit at the time the trouble is reported to QCC' 7.1 priority 1 (High) - service outage: A service outage is the most critical event and is assigned to problems that severely affect service, capacity, billing, and maintenance ""puniiitLr. Custome/s staff must be available as required by QCC to aid in problem diagnosis and provide t"totJ or on-site accessto the Covered System' Examples of priority one events are: . Total or partial netwoik element outage; . A reduction in capacity or trafiic hanating capability such that expected loads cannot be handled; , Failure resulting in Oynamic routing, switching capability or transport loss; o Any toss or satJty'oi ur"ig.n"V cipability 1elg. , emergency calls such as 91 1 in North America) r Traflic impacting system restarts; . , .. Loss of billing or accounting capability; . corruption of billing or syst-em oataoases that requires service affecting corrective actions; r Total ioss of netwo-rk-wide functional visibility and diagnostic capability; . Total loss of access to end-to-end provisioning; . Total loss of the ability of the system to provide any required critical major alarms; System restarts, wheiner or. noi the system has reioveied or not, and where root cause has not been defined' 7.2 priority 2 (Medium) - service Affecting Impairment:. These are issues that affect system operation, maintenance or administration and require immediate attention. irreii'priority is lower than a service outage because, while impacted by the service issue, the Customer i. noii"f',iOit"O irom conducting business' An exampleof a priority two events is: r lntermittent voice quality issues 7.3 priority 3 (Low) - service Affecting lntermittent lmpairment; -These are issues that intermittently affect system operation' maintenance or administration. Due to their transi-'reni n"iui", iirrolution of inese issues may be protracted. 7.4 Priority Level 4 - customer lnquiry: These are issues ihat r"qrii" oCc iir"rrnicat assisiance such as softwaie application issues that do not impact service or follow-up to all other reported problems' g. preventative Maintenance option. lf the preventative maintenance option is purchased by Customer, QCC will conducl maintenance routines in accordance with manufactur'er and ecc engineering *.6*t"ndations. These routines will be scheduled 2' 4 o1. ii tir", a year depending on tne preventative maintenance schedule purchased' g. service Level Agreement (sLA). QCC will credit customer in the event: QCC fails to complete Engagement within one hour after customer initiation of a trouble repoft or "o*pi"i" n""fonse within fouit'ort" after determination by customer and the center that such Response is required. This sLA creO.itli iimited to bne month's d"ri"" in"rge of covered system's components affected by trouble report or all components made unusable Ju" to t"it"c component,-wttl"nlvei ii greater. .Undei no circumstances will QCc be required to credit crstoft"i-in'"rv ""q calendar month for charges gt""t"i ih"n the m-onthly charges for affected service' An sLA credit wiil be appried onry to the month in which tl" "u"nt givir,! risi to'in" "r"oli occuned. ThiJ sLA credit only applies if all the following conditions are irue: (a) customer has fulfilled all Lustomer r"rpon"iniriti"s in this Detailed Description, (b) customer has Page I CONFIDENTIALQ415449 Copyright @ Qwest. All Rishts R?S2ed1vi8 QWEST LoYAL ADVANTAGE lcRreuerut EXHIBIT B QWEST@ SELECT ADVANTAGETM DETAILED DESCRIPTION GLASSIC - ON.SITE PREMIUM SERVICE granted eCC always available remote access to Covered System, (c) the Covered System is.located in zone one of QCC's Zip-lo-Zone Guide, and (d) the reported trouble has a materiai lrnp""i to cuitomer,. QCC must receive a written request for sLA credit from cuslomer under this section within 30 days of oct's tliruie-to meet sLA. Customer waives sLA credit if customer fails to provide QCC written request within 30 day period. 10. Remote Access Device. As part of the service, ewest may instail an loN Networks sA500 Remote Access Device ("MD") at customer location to allow ewest to remotely oi"gnor.'"nJi""otu6 problems on Nortel BCM equipment only. when connected to the lnternet, the RAD initiates contact with the -o*"it *"o"gement ptatrorm- After authentication, a secure tunnel between the Qwest management platform ano Ano is established. The RAd can noi accept incoming requests and is coded to only contact the Qwest management platform. Gustomer must return tne Ano to ewest within 30 oavs oitJrmiriation of the service. lf the RAD is not returned i" O*"it, Cusiomer will be charged $500, unless othenrvise agreed to by Qwest and Customer' 11, problem lsolation Bllling; service Exclusions. ln the event QCC spends time^(a) isolating problems to equipment, software' or LANAI/AN elements that are not part of the covered product, or (u) associated with Service exclusions, customer will pay QCC for such effort at then-current time and material rates. service exclusions include: r CPE hardware not listed on the PO r cPE software not listed on the PO unless embedded in the covered Product r Products missing serial numbers or other identification required by the manufacturer' , Problems."rt"-d by integration with non-QCC provided hardware or software ' Problems associated with Operating Systems not provided by QcC o product failure due to manufacturer excluded causes such as accident, abuse or misuse . product failure due to non-compliance of electrical or environmental requirements oProductusagenotinaccordancetomanufacturerspecification r Failure of Customer to follow proper operating procedures ' Servicing not auihorized bY aCG r Upgrades ofsoftware 12. Eos and EoL products. ecc will make an annual review of customer's covered system to identify Eos and EoL equipmeht and software. This Detailed Description excludes ios ano EoL equipment or software from service. Acceptance of a Po for service does not bind eCC to tne mjintenance of EoS or EoL equipment oi software under this Detailed Description' 13. Non-Standard products. QCC may purchase Non-standard Products on behalf of customer for the purchasing convenience of customer. QCC will review customer,s covered svrt"r i" ia""tify. Non-Standard Products. Acceptance of a Po for service does not bind ecc to maintenance of Non-stanoard produolti.-service toitlon-stanoara products is provi'ded at the discretion of QCC and is subject to change without notice. lf ecc discontin-uur "upport of Non-standard Products, QCC will either: (a) reimburse customer for service charges associated with Non-standaro pioouct" iibustomer receiveo no bengfii, or (b) charge customer at then-current time and materialiates for support of Non-standard Products' 14. Non-Disclosed pre-Existing lssues. In conjunction with QCC's Systems lnlegrity Audit, customer must disclose pre-existing issues that have a material impact to ttre covereJ sfst"m ano w_ould cause QCC to incur -an immediate cost to resolve' Qcc reserves the right to charge customer ior corrective action associated with srcn non-oii"losed pre'existing issues within the first 90 days of the coverage period. ecc waives the right to charge customer for corrective action if the condition was not noted or discovered in QCC's Systems lntegritY Audit.. 15. Voice over lnternet protocol (Volp) Quality Exclusion. QCC may perform tasks to maintain Qos for volP, on behalf of customer. Nevertheless, ecc makes no warranty on the quality of voice/vid'eo transmissions over private or public lP network in this Detailed Description. Further, ecc does not recJirmeno vbte deptoyr"nG ou", a Best Effort Network. customer acknowledges that quality issues relative to voice/video transmission-*"v "".ii "n u'a*!t Effort Network. lssues, such as jitter, echo, and dropped calls may occur with varied degrees of frequency.d+;ffirg; network.use "no t"t"n"y. Troubie reports that have been isolated and aiu6nlr"o as intermittenl dos i.rr"i niay o6 uittinte to bustomer at then-current time and material rates' ' 16. Annual; progress Billing. The service charges set forth in the Po are billed and payable on an annual basis' The first annual payment is due and payable upon customers receipt of eGC invoice, and subsequent payments are due in full at the beginning of each subsequent year throughout the Maintenance Term. Customer ruy'r"que"t monthly or quarterly billing in writing on a Po' QCC may cease providiirg Service if payment is not made when due' 17, Termination. lf, prior to the conclusion of the Term, any Po accepted hereunder by oC! is terminated either by Customer for any reason other than cause or by acc for cause, customer will pay all unpaid chargei for. service provided through the effective date of such termination. lf customer is progr"l-r-birr"J, cuito*"i'*irr "r"o'pay the-unpaid.balance-for service remaining in the Maintenance Term. Qwest will reimburse zo% of inl "r'rrrg'"r paid by customer ior-service remaining in the Maintenance Term' 1g. Lease option. Customer may pay for Service pursuant to a Lease. QCC will provide the Service to Customer and receive payment for the service from ewest Tbcnnology Finante, lf customer fails to execute such Lease or comply with Lease, including Page 9 CONFIDENTIALQ415449 Copyright @ Qwest. All Rishts Rensze#i$ QWEST LoYAL ADVANTAGE acneevlerut EXHIBIT B owEsr@:='f;'?Tl'Jf$l+"'=;1ff i]$'5ER'l'EScRrPrroN without limitation, any requirements for Acceptance of service, which results in Qwest Finance Technology's refusal to pay QCC in full ioi Sewice, Customer agiees to pay QCC in full for Service' 19. safety compliance. QCC and customer will adhere to all safety Regulations.. Qccdll not work in any area where a Hazardous substance is present. QCC may work in an area containing noi-rri"6G asbestos if QCC determines, in its sole judgrnent' that the work will not disturb or cause tne asnestos io-o""or" rriauri. duslomli is responsiole for informing Qcc of the known existence, location and condition of any known n"trtio* SJbstances th;;;';; in -oiaround the QCc work-area' Customer will indemnify and hord occ-h;rmi;;s from any nn"" or oir'',"itiauititles of occ arisin'g irom custom"r's failure to inform QCC of Hazardous substances. Additionally, ecc may suspend work from the time it reasonaniy it"ntin"" areas where Hazardous substances may be present untir rhe *orr "r!ul, in c#ptiance with ;i i;f;ty- Regutations. Ail;;h'il;fension..is not a default of the Agreement' and any derays from the ,urp"nson may resutt in a "imirai Jiay ii-work "ornpl,ition, *ithout penalty to Qcc' lf the parties cannot agree whether ecc,s work can be performed through iiinir"tion'*iinorl" uior'a't-ion Jr'dardv ireguritio.ns, or cannot agree to payment of added costs, if any, either party may terminate the ngieement without penity.''su"hl"rti'inati-on will not affect custome/s obligation to ;il;, d;;i"; pr6irio"a ov occ prior to the effective date of termination. 20, Gritical Maintenance components. provided customer upgrades its equipment and parts prior to manufacturer End of Life dates, and to the extentwithin ewesfs control and consistentwithlts revoiuing rio"ting proiedures, QCC will maintain a sufficient inventory of replacement components that are oiti*l io ruintenance or fire-serv-ice- oc6'ano customer will jointly develop a list and stocking schedule for the critiial components. rril"rl t" ""rply with the ,".pon"iniriti." in this section that results in damages beyond the Limitation of Damages provided in the Agieement shitt'ue oeemJ"J ;;i;;i"l violation for purposes of termination of the Agreement. Page 10 CONFIDENTIALQ41 5449 Copyright @ Qwest. All Rights Reserved c Buil ity ding Address Equipment ISM Gount Peripherals Goverage Hours Business Hours Major Alarm Response Minor Alarm Response Price City Hall 220 4th Avenue S. 81C + Mc32 + Sig Server 1 000 CallPilot 14 1200 Mbox, cc6.0 34 agents, MIRAN 2 medium, MIRAN medium, OTM 8a-5p One (1) Hour 24 Hours $25,447.86 Commons 525 Mini Carrier Remote 35 8a-5p 6a - 10p Two (2) Hours 24 Hours .60 8a-5p 24x7 One (1) Hour 24 Hours $4,394.32Fire Station 74 HO 24611 116th Ave. S.E. 61C 236 Fire Station 71 504 W Crow Mini Carrier Remote 19 8a-5p 24 x7 Two (2) Hours 24 $375.44 Fire Station 72 25620 140th Ave. S.E. Mini Garrier Remote 11 8a-5p 24 x7 Two (2) Hours 24 $217.36 Fire Station 73 26512 Military Road S Mini Carrier Remote 26 8a-5p 24x7 Two (2) Hourg 24 $513,76 Fire Station 75 15635 S.E 272nd Mini Carrier Remote 33 8a-5p 24x7 Two (2) Hours 24 Hours $652.08 Fire Station 76 2Q67672nd Avenue Mini Carrier Remote 29 8a-5p 24x7 Two (2) Hours 24 Hours Fire Station 77 20717 1 32nd Avenue S,E. Mini Carrier Remote 25 8a-5p 24 x7 Two (2) Hours 24 Hours 00 Fire Station 78 1 SE 256th, SRG (VolP)30 8a-5p 24 x7 Two (2) Hours 24 Hours $592.80 ShoWare Center 625 W, James Branch Office (VolP) 142 24x7 Varies - Events One (1) Hour 24 Hours $3,131.10 Municipal Court 1220 Central Avenue S SRG (VolP)30 8a-5p 8a-5p One (1) Hour 24 $558,60 Police Corrections Facility 1230 Central Avenue S Mini Carrier Remote 36 24x7 24 x7 One (1) Hour 24 Hours $670.32 Public Works Shops 5821 S. 240th st. (West Side) Mini Carrier Remote 25 8a-5p 7a-5p One (1) Hour 24 Hours $494.00 Riverbend Golf Course Complex 2019W Meeker Mini Carrier Remote 15 6a - 10p Two (2) Hours 24 Hours $296.40 Resource Center 315E. Meeker Mini Carrier Remote 17 8a-5p Ba-5p Two (2) Hours 24 rs $335.92 Senior Center 600 E. Smith Mini Carrier Remote 23 8a-5p 8:30 - 5p Two (2) Hours 24 $454.48 QWEST LOYAL ADVANTAG E' AEREEU EIIIT EXHIBIT C PRICING SGHEDULE Page 11 CONFIDENTIALQ415449 Copyright O Qwest. nn niSnts nensre;;$ QWEST LOYAL ADVANTAGE@ AGREEMENT EXHIBIT C PRICING SCHEDULE Annual Total Year {: Annual Total Year 2 (see note): Annual Total Year 3 (see note): Annual Total Year 4 (see note): Annual Total Year 5 (see note): Quarterly Total Year 1: Quarterly Total Year 2 (see note): Quarterly Total Year 3 (see note): Quarterly Total Year 4 (see note): Quarterly Total Year 5 (see note): $39,893.08 $41,089.87 $43,144.37 $45,301.58 $47,566.66 $9,973.27 $10,272.47 $10,786.09 $11,325.40 $1 1,891 .67 Note: Summary of additional Labor Options: Hourly MAC Technician Rate, Standard Time: Hourly MAC Technician Rate, Overtime: Annual renewal pricing based upon the ISM count remaining the same. Qwest will perform a Port Count true-up to'deteimine appropriate increases or decreases as required. $76.00 ${ 14.00 Page 12 CONFIDENTlAL Q415449 copyrisht @ Qwest. All Rishts T?s2eJIi$ KEN-f, trFQ UEST FOffi MAvOtr',S S/CNATURT Please Fill in All Applicable Boxes WASHtNGToN Routing Information (ALL REQUESTS MUST FTRST BE ROUTED THROLJG\I THE LAW DEPARTM'EN f) Brief Explanation of Docurnrenl: 7H& ,4 TrncH eO ee^)Te4dT' Va c u Pt e/ f S ftee FoR nfti,tre.r4rr ce oF rr4< ciry 7e lePA6^/ e- Sa' ircA 3/SreV. Tutf corJT-iz+Cf /-rn-, Bee..t Pe^orinrep 'Berc-teeJ frae ctrl n-r7-oR..)eY5 oFFtce + QLLtesT- ?p/oi? 7-D tr5 SuErtrggtan:7o Ttl< CrrT Cadtctt- Foi?- ft???or/AL AII Contracts Must Be Routed Through the Law !)eparttnent Shaded Areas to Be Contpleted by Administration Staff Plrorre (Origirrator): // tlOrigirrator: ?A,t t OioSr'tr) Date Required: ,45fr7Date Sent:Zo./o CO NTRACT TERM I NATION DATERetur.rr Sigrred Docut.nent to: f Ra u ? ,t p a) Zet oDATE OF COUNCIL API}ROVAL:VENDott NAME: Q \lJ ESr T{ECHtVf$ v-lLiL s aliii (This Area to be Contpleted By the Law L)epartment) Received: :, ;: Approval of Law DePt. Law Dept. Conrnrents:tlitY of Kent Cffice af the Ma.Yai- Date Forwarded to MaYor:f i;,f Received Dispositiott t(L -CI.torl* Dtl 7-/2- I O JroI u-QIr' Date Returned lage5B70 . 3i05