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Home My WebLink AboutAFFINITY TELECOM - CONTRACT - CONTRACT - AFFINITY TELECOMSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Affinity Telecom, Inc; doing business as C-COM, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 2. The Implementation Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Implementation Date attached hereto as Exhibit "C" Cost and Implementation Spreadsheet (subject to the provisions of Section 2 of Exhibit A "Scope of Work"), consisting of four (4) pages, and incorporated herein by this reference. 3. Contract Period, This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To SA January 2005 1 ACORD .. CERTIFICATE OF LIABILITY INSURANCE 619/2o20 5'"' PRODUCER Phone: (303)443-1S66x203 Fez: (303)443-7601 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MEYERS & COMPANY PROPERTY CASUALTY LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3223 ARAPAHOE AVE., STE. 300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR BOULDER CO 80303 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE � NAIC # INSURED AFFINITY TELECOM, INC. DBA C-COM 4745 WALNUT ST., STE 300 BOULDER CO 80301 INSURER A: HARTFORD CASUALTY INSURANCE INSURER B: HARTFORD FIRE INSURANCE CO. INSURER C: INSURER D: INSURER E: THE.,POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH. POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INsR LTR ADD INSRO TYPE OF INSURANCE POLICY NUMBER POLMY EFFECTNE DATE fMMIDDIM POLICY EXPIRATION DATE MMIDDM' LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR X EMPLOYMENT PRACTICES LIAR 34 SBA PA2491 _ 10/01/04 10/01/05 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea ocwrence) $ 300,000 MED. EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYLl JECPRO- T LOC PRODUCTS-COMPIOP AGG. $ 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS 34 SBA PA2491 10/01/04 10/01/05 - COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY -(Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS / UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTrvE OFFICERMEMBER EXCLUDED? If yes, describe under. SPECIAL PROVISIONS below Yr TORL OTHER LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ B OTHER: INLAND MARINE - COMPUTER & ELECTRONIC EQUIPMENT 34 MS RA5548 10101104 10/01/05 7,038,782 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CITY OF FT COLLINS IS NAMED AS AN ADDITIONAL INSURED WITH RESPECTS TO THE GENERAL LIABILITY AS THEIR INTEREST MAY APPEAR. CERTIFICATE HOLDER CANCELLATION CITY OF FT COLLINS ATTN: ED BONNETTE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE PO BOX 580 TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, FT COLLINS, CO 80522 ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �� Attention: 970-221-6707 Cheryl Cross ACORD 25 (2001108) Certificate # 2573 Q ACORD CORPORATION 1988 EXHIBIT C --- - COST AND IMPLEMENTATION SPREADSHEET 300 LaPorte to 16091 E K-070 t-OM 012" T1 24.HCXX.037824 Lockheed 766.0C 366.75 399.25 150.00 November 970-416-3380- 4725000 DID Trunks 3399,472-3000-3059 300 LaPorte Av, Ftc 114.71 70.90 43.89 1.00 November CKLt 300 Laporte Av, CKL2 Radio Ckt 29.RTNA.000068 283367 Vermont Or January 160.30 136.20 24.10 CKL1 300 Laporte Av, CKL2 Radio Ckt 29.RTNA.000069 321 Country Club Rd January 107.0 90.58 16.42 CKLt 300 Laporte Av, CKL2 Radio Ckt 29.RTNA.000070 415 S Bryan Av iJanuery 107.00 90.58 16A2 CKU 300 Laporte Av, CKL2 Radio Ckt 29.RTNA.000071 28.3300 Mathews Janua 107. 90.58 16.42 CKL1 300 Laporte Av, CKL2 Radio Ckt 29.RTNA.000072 28.3330 Devonshire Dr January 140.5 118.98 21.57 CKLi 300 Laporte Av, CKL2 Radio Ckt 29.RTNA.000073 4615 Hogan Dr January 140.5 118.98 21.57 CKL7 300 Laporte Av, CKL2 Radio Ckt 29.RTNA.000074 2511 Donella Ct January132.8 112.42 20.38 CKLt 300 Laporte Av, CKL2 Radio Ckt 29.RTNA.000075 2817 N Overland Tr January132.8 112.42 20.38 300 LaPorte Av, Ftc to 2109 Radio Ckt 29.UCXX.001381 WestChase Rd Ftc January 140. 118.98 21.57 CKL7 300 Laporte Av, CKL2 K4T0-221-03644W Analo Ck1 29.OSNA.000444 1441 E Horsetooth Rd 97.t82.13 15A2 30.00 November 300 LaPorte Av, Ftc to 17 Old OPX 29.UCNA.000435 Town S uare, Ftc 64. 12.36 30.00 November CKL7 300 Laporte Av, CKL2 Anal Ckt 29.UCXX.000976 500 N Sherwood 0.00 November 51.00 50.62 10.38 CKLt 300 Laporte Av, CKL2 Analog Ckt 29.UGXX.000255 2501 Midpoint Or 0.00 November 117.00 99.04 17.96 CKL1 300 Laporte Av, CKL2 b8I Analog Ckt 29-OSNAA89135 28.3367 Vermont Or 96.5 81,89 14.66 30.00 November CKLt 300 LaPorte Av, CKL2 K-07W07 Analog Ckt 29.OSNA.000681 3400 W Vine 87.8C 74.33 13A7 30.00 November CKL7 300 LaPorte Av, CKL2 K Anal Ckt 29.OSNA.000679 3400 W Vine 56.7E 53,50 3.25 30.00 November CKLi 700 Wood, CKL23036 Analo Ckt 29.FDDA.456325 E Drake Rd 0.00 November 65.0 55.04 9.98 - - CKL1 300 Laporte Av, CKL2 K-0 1 14 Analo Ckt 29.OSNA.507578 3400 W Vine Dr 89.8c 74.53 15.27 30.00 November CKL1 300 Laporte Av, CKL2 K-070�32161-312 Analog Ckt i29.OSNA.507481 3400 W Vine Dr 89.8C 74.69 1 15.11 30.00 November CKLt 300 Laporte Av, CKL2 K-9704SMO"13 Analog Ckt 29.OSNA.507482 3400 W Vine Or 89.8 76,18 13.621 30.00 November CKL1 300 Laporte Av, CKL2 K-970 -0t714l04 Analog Ckt 29.OSNA.999586 918 E Mulberry 89.8C 76,18 13.62 30.00 November - CKLt 300 Laporte Av, CKL2 172986. Analog Ckt 29.OSNA.999587 918 E Mulberry 89. 76A8 13.62 30.00 November CKLi 300 Laporte Av, CKL2 _ K-070-48M73400 Analog Ckt 29.OSNA.999588 918 E Mulberry 89.8C 76,18 13.62 30.00 November CKL7 300 Laporte Av, CKL2 X411IM42242484175 I Analog Ckt 29.OSNA.216710 2718 E Mulberry 89.8 74,53 15.27 30.00 November CKLi 4615 Hogan Dr, CKL2 Anal Ckt 29.RTNA.228625 300 Laporte Av 1 0.00 1 November 88.7 80.13 8.62 CKL1 300 Laporte Av, CKL2 t. Analog CM 29.OSNA.000214 1441 E Horsetooth Rd 97. 82,73 14.82 30.00 November CKL1 300 Laporte Av, CKL2 to K-9Y481�N+It Anal Ckt 29.OSNA.000215 1441 E Horsetooth Rd 97. 82.73 14.82 30.00 November CKLt 300 Laporte Av, CKL2 K-070.321-0 1 Analo Ckt 29.OSNA.000218 28.3330 Devonshire Dr 97.5 82.73 14.82 30.00 November CKLt 300 LaPorte Av, CKL2 Anal Ckt 29.PLNA.83685 112 Willow 84. 53.11 10.89 30.00 November CKL1 4316 Laporte Av, CKL2 Anal Ckt 29.FDDA.865407 5228.33 Poudre Canyon Hwy 0.00 November 65.0 55.04 9.98 CKL1 300 Laporte Av, CKL2 Analog Ckt 129.OSNA.523104 2511 Donella Ct 89.8C 76.18 13.62 30.00 lNovember CKLt 300 Laporte Av, CKL2 X-9 143-109 Analo Ckt 29.UCXX.524486 3400 W Vine Dr 63.0 53.50 9.50 30.00 November CKL1 300 LaPorte Av, CKL2 K 144-173 Anal Ckt 29.OSNA.524526 3400 W Vine 610C 52.28 10.72 30.00 November CKLi 30O Laporte Av, CKL2 K 1 Anal CM 29.OSNA.507477 3400 W Vine Dr 89.8c 76.18 13.62 30.00 November 28.33.FDDA.28.3396 CKL1 1611 8 Overland Tr, Analo Ckt 44 CKL2 428.330 Laporte Av 0.00 November 73.6 62.31 11.31 CKU 300 Laporte Av, CKL2 K4370.4824MM- 26 I Analog Ckt 29.OSNA.242775 3400 W Vine Dr 89.8q 76.18 13.62 30.00 November CKU 300 Laporte Av, CKL2 6-0 Analog Ckt 29.OSNA.242784 321 Country Club Rd 179.6 152.34 2726 30.00 November CKL1 300 Laporte Av, CKL2 K-OTM02.0976027 Analo Ckt 29.OSNA.242776 416 S Bryan Av 89.6 75.18 13.62 30.00 November CKU 300 Laporte Av, CKL2 Anal Ckt 29.OSNA.242777 28.3300 Mathews 89.8 76.18 13.62 30.00 November CKL1 300 Laporte Av, CKL2 K4704687&M Analog Ckt 28.33.OSNA.242778 28.3330 Devonshire Dr 97.5 82.76 14.80 30.00 November CKL1 300 Laporte Av, CKL2 K-0704#24KrAl- 9ff I Analog Ckt 28.33.OSNA.242779 4615 Hogan Dr 97.51 82.75 14.80 30.00 November CKLi 300 Laporte Av, CKL2 64704OZ6380-Mi Analog Ckt 29.OSNA.242780 2511 Donella Ct 89.8 76.18 1 13.62 30.00 November CKU 300 Laporte Av, CKL2 K-070�4AZM11 Analog Ckt 28.33.OSNA.242781 2817 N Overland Tr, LaPorte 99.2 76.48 22.72 30.00 November CKL1 300 Laporte Av, CKL2 K.. Analo Ckt 28.33.OSNA.242782 28.3367 Vermont Dr 97.5 82.74 14.81 30.00 November CKL1 300 Laporte Av, CKL2 K-070JA2440"70 Analog Ckt 29.OSNA.252597 3400 W Vine Dr 89.8c 76.18 13.62 30.00 November CKU 300 Laporte Av, CKL2 K. 770 I Analog Ckt 29.OSNA.270758 4914 Shoreline Dr 97.5,1 82.75 14.80 30.00 November CKL7 300 Laporte Av, CKL2 K i&199 Analo Clot 29.OSNA.277328 1400 Riverside Av 64.0 54.34 1 9.66 30.00 November CKLi 300 Laporte Av, CKL2 K-0 Anal CM 29.OSNA.28.337783 112 E Willow 64.00 54.34 9.66 30.00 November CKU 300 Laporte Av, CKL2 Analo Ckt 29.OSNA.28.337784 112 E Willow 54.0 54.34 9.66 30.00 November CKLt 300 Laporte Av, CKL2 OPX 29.FDDA.456325 3035 Drake 0.00 INovember 66.32 55.04 11.28 CKLi 300 Laporte, CKL2 OPX 129.RTNA.000067 1505 Peterson 0.00 November 109.14 90.58 18.56 0.00 0.00 970-28.334-1840-030 1FB 28.3367 Vermont Dt, Fic 46.5 28.33 18.19 2.00 October 970-28.336-1644-106 1MB 4599 S Shields, FtC 25. 24.08 1.42 1.00 October 970-221-0628.33-245 iFB 3400 W Vine Dr, Ftc 42. 28.33 14.17 1.00 October 970-221-0636-28.333 iFB 300 LaPorte Av, Fic 49.41, 28.33 21.14 1.00 October 970-221-0854-479 970-221-7253 as of 8/23 iFB 3400 W Vine Dr, Ftc 42. 28.33 14.17 1.00 October 970-221-1693-612 1FB 128.330 Rairltree Dr, FtC 42. 28.33 14.17 1.00 October 970-221-1864-W 1FB 3941 Mountain Vista Dr, Ftc 42. 28.33 1 14.17 1.00 October 970-221-28.3359-3811 1FB 300 LaPorte Av, Ftc 42. 28.33 14.17 1.00 October 970-221-3127-309 1FR 1801 Ridgewood Rd, Ftc 24.3 22.46 1.92 1.00 October 970-221-3251-796 1FB 263 Country Club Rd, Ftc 42.5 28.33 14.17 1.00 October 970-221-3490-639 1 FB 300 LaPorte Av, Ftc 52.2 28.33 23.87 1.00 October 970-221-5537-866 1FB 415 S Bryan Av, Ftc 47.5 28.33 19.17 1.00 October 970-221-5665-963 1 FB 28.3300 Mathews, Ftc 47.5 28.33 19.17 1.00 October 970-221-8565-210 iMB 28.3300 Mathews, Ftc 29.01 24.08 4.93 1.00 October 970-223-04258i9 1FB 3325 Silver Oaks PI, Ftc 62.1 28.33 33.82 1.00 October 970-223-28.3366-793 1 FB 4100 S Taft Hill Rd, Fie 42.5 28.33 14.17 1.00 October 970-223-2139329 1FB 4240 S Mason, Ftc 45.5 28.33 1 17.17 1.00 October 970-223-728.332-063 1FB 28.3330 Devonshire Dr, Ftc 47. 28.33 19.17 1.00 October 970-223-8770-028.33 2 1FB's 223-8770 & 266-1930 16248 N County Rd 25E, Lov 95.0 58.66 38.34 2,00 October 970-224-3832-28.334 iMS 995 S Taft Hill Rd, Ftc 25.5 24.08 1.42 1.00 October 970-224-428.339-105 1MB 1536 Timberline Rd, Ftc 26. 24.08 1.42 1.00 October 970-224-4724-663 1FB 300 Laporte Av, Ftc 50.4 28.33 22.12 1.00 October 970-224-5580-801 1FB 28,330 Laporte Av, Ftc 47. 28.33 19.17 1.00 October 970-225-28.3359-365 iFB 752 W Trilby, Ftc 42. 28.33 14.17 1.00 October 970-225-6751-628.33 IFS 2102 E County Rd 32. FtC 42.5 28.33 14.17 1.00 October 970-226-028.336-998 2 1FS's 226-028.336 & 226- 4559 4615 Hogan Dr, Ftc 111.7 56.66 55.04 2.00 October 970-226-2694.885 1FB 1 5750 S Lemay Av, Ftc 62.4 29.95 32.50 1.00 October 970-2265139381 1FB 1 6570 Portner Dr, Ftc 45.5 28.33 17.17 1.00 October 970-226-5488-557 1F6 1 2824 Remington, Ftc 44.5 28.33 16.19 1.00 October 970-229-0406506 1F8 1 3636 S Lemay Av, Ftc 42.5 28.33 14.17 1.00 October 970-229-9774-612 1 FB 1 3009 Phoenix Dr, Fic 62.1 28.33 33.82 1.00 October 970-229-9882-109 1F6 1 1441 E Horsetooth Rd, Ftc 42.5 28.33 14.17 1.00 October 970-266-0988-880 2 1 MS's 266-0988 & 266-0989 5833 S Lema Av, FtC 51.0 48.16 2.84 2.00 October 970-266-0816-682 1MB 5833 S Lemay Av, FtC 25.501 24.08 1.42 1.00 October 970-266-8690-777 iFB 4915 Shoreline Dr, Ftc 42.501 28.33 1 14.17 1.00 October 970-282-3684-989 1 MB 2109 Westchase Rd, FtC 26.01 24.06 1 1.93 1.00 October 970-282-9155-155 IFS 6570 Portner Dr, Ftc 42.51 28.33 14.17 1.00 October 970-282-9362.139 1FB 2109 Westchase Rd, FtC 42. 28.33 14.17 1.00 October 970-377-0890-931 1FB 6090 S Lemay Av, Ftc 42. 28.33 14.17 1.00 October 970377-1461-870 1FB 1441 E Horsetooth Rd, Ftc 42. 28.33 14.17 1.00 October 970-377-1480-871 1FB 1441 E Horsetooth Rd, Ftc 42. 28.33 14.17 1.00 October 970377-152"72 1 FB 1441 E Horsetooth Rd, Ftc 42.5 28.33 14.17 1.00 October 970-377-1689-873 1FB 1441 E Horsetooth Rd, Ftc 42. 28.33 14.17 1.00 October 970-377-2237-096 1 FS 4407 S College Av, Ftc 42.5 28.33 14.17 1.00 October 970-407-0234-092 2 1FB's 407-0234 & 407-0239 3400 W Vine Dr, Ftc 101. 45.00 1 56.68 2.00 October 970-407-1106-197 1FB 5216 Poudre Canyon Hwy, Bellvue 62. V 29.95 32.20 1.00 October 970-407-72174% 1FB 153 W Mountain Av, Ftc 42. 28.33 14.17 1.00 October 970407-9075-602 iMB 800 Grouse Cir, Ftc 29.2 15.37 1316 100 October 970407-9396478 1FB 2516 S Shields, Ftc 42.5 28,33 14.17 1.00 October 970416-7440-784 1FB 703 S Timberline, Ftc 42.5 28.33 14.17 1.00 October 970416-7694-157 1FB 42510 Ftc 42. 28.33 14.17 1.00 October 970416-9005-163 1FB wlDSL 112 Willow Ftc 70. 48.00 22.50 1.00 October 970416-9765451 1FB 413 S Bryan Av, Ftc 42. 28.33 14.17 1.DD October 970419-3375-534 8 1 FS's 416-8958, 4165959, 419-3375-3380 17 Old Town Square, FtC 523.4 229.65 293.80 8.00 October 970-401-1498-966 iFB 5824 Wrl M Dr, Lov 42. 28.33 14.17 1 00 October 870472-1336-414 1MB 222 Laporte Av. FiC 25. 15.37 10.13 1.00 October 970-482-0385.390 1FB 1599 City Park Av, Ftc 47. 28.33 19.17 1,00 October 970482-1249-130 2 1FB's 482-1249 & 482-1437 1380 Hofinan Mill Rd, Ftc 90.0 40.00 50.00 2,00 October 970-482-1964-063 1FB 2351 Busch Or, Ftc 45. 23.00 22.50 1,00 October 970-482-2231.W6 1FB 5224 Poudre Canyon Hwy, Belivue 45. 23.00 22.50 1.00 October 970-482-2283-695 iFB 119 W Oak, Ftc 42. 28.33 14.17 1,00 October 970-484-0424.138 iFB 417 W Magnolia, Ftc 42. 28.33 UA7 1.00 October 970484-1227-641 21FB's&2 OPX 484-1227 & 484-1228 300 LaPorte Av, Ftc 187. 116.44 1 71.16 70,00 lOctober 970484-1851.934 1FB 300 W Drake Rd, Ftc 42.5 28.33 14.17 1.00 1 October 970484-328.331-587 1FB 612 S College Av, Ftc 42.5 28.33 14.17 1,00 October 9704844222.832 5 TFB's 4844222, 484-4229, 4844283, 4844286 & 4844288 300 Laporte Av, Ftc 248. 179.50 68.70 5.00 October 9704844355.347 2 1 FB's 4844355 & 4844356 1801 Riverside Av, Ftc 85. 40.00 45.00 2,00 October 970484-5441.830 1 FB 4316 LaPorte Av, Ftc 42. 28.33 14.17 1.00 October 970484-6057-119 1FB 128.330 Raintree Or, Ftc 42.5011 28.33 14.17 1.00 October 970484-7665-067 iFB 1500 W Mulberry, Ftc 50.011 33.00 1 17.01 1.00 October 970484-8625410 1FB 2511 Donella Ct, Ftc 42.60128.331 14.17 1.00 lOctober 970484-9733-858 2 1 FB's 484-9709 & 484-9733 330 N Howes, Ftc 85.0 56.66 28.34 2.00 October 970490-1917.160 1 FB 108 N Meldrum, Ftc 45. 31.33 14.17 1.00 October 970493-0462-122 1FB 2511 Oonella Ct, Ftc 55A 28.33 26.67 1.00 October 970493-0467-023 1FB 2817 N Overland Tr, Laporte 47.5CI 28.33 19.17 1,00 October 970493-0705-705 1 FB 300 Laporte Av, FtC 52.2ti 30.08 22.12 1.00 October 970493-2274-629 1FB 700 Wood, Ftc 42. 28.33 14.'17 1.00 October 970493-2489.935 1FB 300 Laporte Av, FtC 61.94 28.33 33.62 1.00 October 970493-2512.225 1FB 4100 Main, Timnath 40.0 28.33 11.69 1.00 October 9704934274-745 1 FB 1599 City Park Av, Ftc 41.5 28.33 13.19 1.00 October 970493-6283.318 1FB 400 N College Av, Ftc 42.5 28.33 14.17 1.00 October 970493-6326.861 'IMB 1815 Timberline Rd, Ftc 28.5 24.08 1 4.42 1.00 October 970493-6607-028 1 FB 413 S Bryan Av, Ftc 42.5 28.33 14.17 1.00 1 October 970493-7152-761 1FB 304-1/2 N Howes, Ftc 42.5 29.33 14.17 1.00 October 970493-7187.609 iFB 1228.33 University Av, Ftc 42.5 28.33 14.17 1.00 October 970495-0959456 1FB 300 LaPorte Av, Ftc 42.5 28.33 14.17 1.00 October 970495-9939-338 1 MB 300 Remington, Ftc 32.9q 23.70 9.25 1.00 October 970498.9166-249 1FB 2554 Midpoint Dr, Ftc 45.51 31.33 14.17 1M October 970-588-9513-28.332 1FR 78,45 Elder Cir, Wellington 23.8f 23.17 0.71 1.00 October 970-622-0158.624 iFB 5824 Wright Or, Lov 54.9 28.33 26.61 2.00 October 970-622-9611.623 3 1FB's 622-0152, 622-9611 & 622-9806 5824 Wright Dr, Lov 127.5 84.99 42.51 3.00 October 970-635-2374-644 iFB 5824 Wright Or, Lov 54.9 39.321 15.62 1.00 lOctober 970-667-6436-621 51FB's 667.0386, 667-0396, 667-1639, 667-1935 &667-6436 5824 Wright Dr, Lov 212. 141.65 70.85 5.00 October 970472-9169.190 2 1 MB's 472-9169 & 472-9301 2145 Centre Av, FtC 51.0 48.16 2.84 2.00 October 970482-1871-976 1MB 300 LaPorte Av, Ftc 25. 23.70 1.80 1.00 October 9704824280-719 2 1MB's 482-28.3315 & 482- 4280 28.330 W Mountain Av, FtC 51.0 47.40 3.BD 2.00 October 970-266-1491.785 2 1MB's 266-1491 & 2W1787 415 E Monroe Dr, Ftc 51.0 48.16 1 2.84 2.00 lOctober S70482-2550-803 2 1MB's 482-1960 & 482-2550 700 Wood, Ftc 51.0 47.40 3.60 2,00 October 970-224-2347-068 1M6 28.331 Peterson, Ftc 25. 24.08 1.42 1.00 October 970407-9%5467 1 MB 300 Laporte Av, Ftc 25. 23.70 1.80 1.00 October 970482-5334 21MB's 700 Wood Street 51.0 47AO 3.60 2.00 October 9 644.54 6 637.21 3,007.3 1,372.0 1,814.42 1 537.52 276.90 Annual 1 36 087.96 Annuall 3,322.60 EXHIBIT D �a el September 12, 2005 Ms. Kathy Henggeler Telecom Systems Specialist City of Fort Collins 215 N. Mason Street PO Box 580 Fort Collins, CO 80522-0580 Dear Kathy, Cindy asked me to respond to your questions concerning C-COM's future. 1. Our present contract with Qwest ("SGAT") expires on November 26, 2005. 2. C-COM is in the process of renegotiating a new contract at this time to become effective on November 25, 2005. 3. Your rates will not be altered as a result of this new contract. 4. It is anticipated that C-COM will become facility based about the first of the year, which will result in some services being sold at lower rates. 5. Qwest will be required to continue selling C-COM services at highly discounted rates as we move into the facility based arena. This move has already begun. 6. Some internal cost increases from Qwest are anticipated. I do not see these changes affecting any of our business rates. If you would like to keep in touch with me over the next few months I will be happy to provide you with updates. In any case C-COM has no intention of raising the rates quoted to the City of Fort Collins for the Term of Contract. Fred Chernow CEO Affinity Telecom, Inc./C-COM Dear City of Fort Collins: Below is a table sample of how C-COM tracks and maintains a spreadsheet for the OPX lines and circuits provided to the City of Boulder. This table is on a database that is assessable to all C-COM employees. We will add a column for the City of Fort Collins at the end of the spreadsheet that will have the cable/pair/block information on it. C-COM cannot guarantee the accuracy of this information since the source is a Qwest database. 303 E44- 303 C45- 1777 5660 I CITY OF OPX 8/20/2003 29BOULDER .OSNA.445752..MS 29.UCXX.000793..MS SIOUX 997 3673-814 4435-455 6 DR 2 CITY OF 303 E44- 303 C45- 1777 5660 BOULDER OPX 8/20/2003 29.OSNA.445753..MS 29.UCXX.000795..MS 3674-834 4472-795 6 SIOUX 997 DR C-COM's provisioning group will provide this document at the request of the City of Fort Collins. Best gards, Cindy De Zirmenci EXHIBIT F - CITY OF FORT COLLINS CONTACT INFORMATION Service and Repair Requests for service can be authorized and submitted by any member of the Telecom staff. They are also authorized to request status reports for open service issues. Vince Drolet Paul Simon Quentin Antrim Dick Heyman Hillary Koontz Kathy Henggeler Jeri Mael Michelle Carr Status reports for open service requests should be made to the Telecom Service Desk: 970-221-6791 This information will then be passed on to the appropriate staff member. Normal business hours are Monday through Friday - 8:00 am to 5:00 pm. In the event the line is unanswered or busy, the caller will be routed to a voicemail box where a message can be left. Non business hours are Saturday, Sunday and holiday — 5:00 pm to 8:00 am. This number is routed directly to a voicemail box where a message can be left. The mailbox will then page the on -call staff person. Account Changes Requests for additions, changes or deletions to the City of Fort Collins account will come from the following individuals. Requests from any other person are not authorized and should not be made. These individuals also serve as the primary contacts for any other account issues. Kathy Henggeler 970-221-6598 Jeri Mael 970-221-6504 Michelle Carr 970-221-6790 Service Agreement Issues relating to the service agreement between C-Corn and the City of Fort Collins should be directed to the City Purchasing Office. Ed Bonnette 970-416-2247 e-mail ebonnette(a-)fcgov.com James B. O'Neill II 970-221-6775 (backup) Pavables Issues Issues relating to Accounts Payable between C-Com and the City of Fort Collins should be directed to the City Accounts Payable Representative. Alicja Miodonski 970-416-2438 e-mail amiodonski@fcgov.com Linda Brown 970-416-2441 (backup) 912812005 (kh) PAECB\MISCIC-COM EXHIBIT F City Contact Info.doc C - C 0 M AFFINITY EXHIBIT G C-COM CONTACT INFORMATION Escalation List Customer Care - Business Hours 800 301-0788 (Repair & Billing) Operations Manager — Jeff Zacharski - Business Hours 800 301-0788 - Direct Line 303-385-7217 - Cell Phone 303 961-0022 - Home Phone 303-926-0215 CEO — Fred Chernow - Business Hours 800-301-0788 - Home Phone 303-494-4272 In -House Escalation Process Each on -call support specialist is trained on the treating of emergency and non -emergency after hours service problems. If at any time, they find barriers to fixing the problem, the next person in the hierarchy is contacted for assistance. If at any time the customer is experiencing a problem with their point of contact, they are encouraged to contact the next person on the list if response is not met. Adds and Changes to Account Account/Sales Manager — Cindy Degirmenci - Business Hours 888 229-0921 - Cell Phone 303 881-8501 - Home Phone 303 423-3001 III. Response Times — C-COM shall: Make every reasonable effort to complete Moves, Adds and Changes within the following time frames: - New Analog Service: 7-10 business days - Change Orders: 7-10 business Days - Digital Service 15-20: business days - Moving service to different address is considered "New service" and will have the same time frame as above. Porting phone numbers from any company other than Qwest add 5 days. Handle Maintenance calls within the following time frames: During standard service hours, C-COM agrees to handle repair requests directly via incoming phone calls and respond to non -emergency maintenance issues within twenty (20) minutes of being reported and will make every reasonable effort to have Qwest respond 2, and if necessary, dispatch within twenty-four (24) hours of notification or next business day when response would fall on a non -business day. "Emergency" is defined as a major malfunction, which shall consist of one or more of the following conditions: 1. No incoming or outgoing communication to or from customer premise'. 2. 40% of telephone lines not working at a single location. 3. Line issues associated with Police and Fire. When notice of an Emergency is received during C-COM standard service hours, C-COM agrees to respond within thirty (30) minutes of said notification and will make every reasonable effort to have Qwest respond 2, and if necessary, dispatch within two (2) hours of C-COM's response to the customer. If customer reports an emergency during hours other than C-COM standard service hours, C-COM agrees to make every reasonable effort to have maintenance personnel dispatch within four (4) hours of said notice, twenty-four (24) hours per day, seven (7) days a week. C-COM standard service hours defined for the purpose of this agreement are 8:00 a.m. to 5:00 p.m., Monday through Friday, local time. During standard service hours a live person will always answer the customer care number. C-COM holidays are not considered standard service hours. The schedule of holidays is listed below. C-COM Holiday Schedule: New Year's Day (January 1s') Presidents Day (February 213) Memorial Day (May 30") Independence Day (July 4") Labor Day (September 5") Thanksgiving (November 24'" and 251") Christmas Holiday (December 24'" thru 261") New Years Eve (December 30'") During non-standard service hours, C-COM is available by calling 800 301-0788 and leaving a message. Response to the message will be within thirty (30) minutes. ' "Customer Premise" as listed above is defined as: Any location end of a customer's line/circuit in which the customer has equipment or a demarcation point and the service is provided by C-COM. 2 "Respond" as listed above is defined as: A phone call from C-COM support personnel to find out the details of the service problem, to give an update of repair time on an already reported problem or a call from a Qwest technician. 3 "Response" as listed above is defined as: A phone call from C-COM support personnel to find out the details of the service problem or to give an update of repair time on an already reported problem. the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 5. Notice. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: City of Fort Collins C-COM Purchasing Division 4745 Walnut Street, Suite 300 P.O. Box 580 Boulder, CO 80301 Fort Collins, CO 80522 Attn: Cindy Degirmenci, Sr. Sales Manager Attn: Ed Bonnette, C.P.M., CPPB, Buyer City of Fort Collins Information Technology Division P.O. Box 580 Fort Collins, CO 80522 Attn: Jeri Mael, Telecomm Network Manager In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, per the C-COM Monthly and C-COM One -Time Installation Charges attached hereto as Exhibit "C" Cost and Implementation Spreadsheet, consisting of four (4) pages, and incorporated herein by this reference. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warran . (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanshiplworkwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. SA January 2005 3 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting parry for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before SA January 2005 4 commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth the following additional Exhibits, attached hereto and incorporated herein by this reference : Exhibit D, C-COM letter to Kathy Henggeler, addressing expiration of C-COM's contract with Qwest; consisting of one (1) page Exhibit E, C-COM letter to the City, addressing Circuit Tracking capability; consisting of one (1) page Exhibit F, City of Fort Collins Key Contact Information; consisting of one (1) page Exhibit G, C-COM Key Contact Information/Response Time/Business Hours Information; consisting of two (2) pages. SA January 2005 5 CITY OF FORT COLLINS, COLORADO a municipal corporation BY: i� �'L JamesiB. 'Neill II, CPPO, FNIGP Directo of Purchasing and Risk Management Date: (L. � (�' � � �i ATTEST: Affinity Telecom, Inc. Doing business as C-COM Lm,ewu�I EQ eyrrtoy PRINT NAM CHIEF EXE TI E OFFICER Date: ATTEST: (C rpor to Seal) CORPORATE SECRETARY SA January 2005 EXHIBIT A SCOPE OF WORK 1. PURPOSE - CIRCUIT MIGRATION: The Service Provider will assume responsibility for the operation of designated existing Telecom circuits (originally provided by Qwest), per the designated Cost and Implementation Spreadsheet (Exhibit C). Migration of responsibility will occur in three phases according to circuit type, as follows: A. First Group: 1FB Circuits B. Second Group: OPX Circuits C. Third Group: Radio Circuits (as migration permitted; see Section #3) 2. FEES, MONTHLY CHARGES, SAVINGS: As a result of this migration, the Service Provider will charge the City a one-time Installation Fee per circuit at the time of changeover, as indicated on the Cost and Implementation Spreadsheet (Exhibit C). The Spreadsheet also indicates the C-Com Monthly charge, which will remain as a firm fixed price for the Term of the Contract (as confirmed in Exhibit D). Migration to the new C-Com Monthly charge will result in the Monthly Savings indicated in the column in the center of the Spreadsheet (with the blue Column Header). Target Implementation Dates for the migration of each Circuit Group are as indicated on the Spreadsheet as guidelines; Final Cutover Dates will be set by the City's Telecom Systems Specialist (or other Party designated by the City's Telecom Network Manager, or their designated Agent) and the Service Provider's Senior Sales Manager (or other Party designated by Service Provider) as the migration process moves forward. 3. POTENTIAL CIRCUIT ADDITIONS: In addition, listed on the far right-hand side of the Cost and Implementation Spreadsheet are pink Column Headers. Below, circuits are listed which Qwest is not currently permitting the Service Provider to migrate over from Qwest to Service Provider responsibility. In the event that those circuits become available for migration, Service Provider will provide those circuits to the City at the C-Com Monthly charge, which will remain as a firm fixed price for the Term of the Contract (as confirmed in Exhibit D). 4. BILLING FORMAT: Service Provider agrees to provide Monthly Billing in the Format previously approved by the City's Telecom Systems Specialist (or other Party designated by the City's Telecom Network Manager, or their designated Agent). In addition: A. Service Provider agrees to provide the City's Accounts Payable Department with Monthly Paper Bill when service is initiated. B. When the City's Accounts Payable Department acquires SIRE system electronic data storage and retrieval capability (estimated availability January 2006); Service Provider agrees to provide e-mailed Billing to the designated City Accounts Payable Representative. C. In the event that the City should elect to pay monthly invoices via the City's Procurement Card (at time of contract formulation, this is Master Card); Service Provider agrees to accept major credit-card payment with no additional processing charge. 5. RETAGGING: Service Provider agrees, upon request from the City, to provide the City of Fort Collins with a Retagging Cross -Reference Spreadsheet that will have cable/pair/blocks listed on it (per Letter of Agreement and format sample contained in Exhibit E). 6. CONTACT INFORMATION (CITY OF FORT COLLINS): Key Contact Personnel for the City of Fort Collins are identified per Exhibit F, enclosed. 7. CONTACT INFORMATION/RESPONSE TIMES/BUSINESS HOURS (SERVICE PROVIDER): Key Contact Personnel for the Service Provider are identified per Exhibit G, enclosed. Service Provider Response Times and Definitions, Business Hours, and Holiday Schedule are as stated in Exhibit G, enclosed. EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA January 2005