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HomeMy WebLinkAbout486364 INTEGRA TELECOM - CONTRACT - BID - 7176 TELEPHONE LINESSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and yearset forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Integra Telecom, 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. Contract Period. This Agreement shall commence February 1, 2011, and shall continue in full force and effect until January 31, 2012, 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. 3. 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 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. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to 1 SA rev03/10 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. Rev712009 10 Integra Awards final 125111 EXHIBITC COST MATRIX BTN Circuit ID Location Product Description CITY Integra Integra Integra Integra Extended Monthly Charge One -Time Install Fee (if any) Total Fees and Surcharges (if any) Total monthly +fees 976 204-1840 9702041840 2067 Vermont Or BUSINESS LINE 1 16 6.5 970221-0620 9702210620 3400 W Vine Dr BUSINESS LINE 1 16 6.5 970221-0636 9702210636 300 Lapone Ave BUSINESSLINE 1 16 6.5 970221-1864 97=11864 3941 Mountain Vista Or BUSINESS LINE 1 161 6.5 970221-2059 19702212059 BUSINESS LINE 1 161 6.5 970.221-3251 9702213251 321 Count Club Rd BUSINESS LINE 1 16 6.5 970-22t-0490 9702213490 2221 S Timberline Rd BUSINESS LINE 1 16 6.5 970.2215537 19702215537 415 S B� an Ave BUSINESS LINE 1 15 6.5 970-221-5665 9702215665 3000 Mathews BUSINESS LINE 1 1 16 6.5 970221-7253 9702217253 3400 W Vine Dr BUSINESS LINE 1 1 16 6.5 9i0223-2066 970M2066 4100 S Taft Hill Rtl BUSINESS LINE 1 16 6.51 970.22&2139 9702232139 4240 S Mason St BUSINESS LINE 1 16 6.51 976 223.7202 9702237202 12030 Devonshire Or BUSINESS LINE 1 i6 6.5 970-2234770 9702238770 116238 N COUNTY RD 25E BUSINESS LINE 1 i6 6.51 970-224-4202 9702244202 15216 Poudre Canyon H BUSINESS UNE 1 16 6.51 970-225-2059 9702252059 752 WTrIby Rd BUSINESS UNE 1 16 6.5 970-226-0260 9702260260 BUSINESS LINE 1 16 6.5 970-226-2894 97022628N 5750 S Lemay Ave BUSINESS UNE 1 16 6.5 9702264559 197022e4659 4615 Hogan Dr BUSINESS UNE 1 16 6.5 970-226-5488 9702265488 2824 Remington BUSINESS LINE 1 16 6.5 970-229-0406 9702290406 3636 S L..ay Ave BUSINESS LINE 1 16 6.5 970-229-9862 9702299882 1"1 E Hometooth Rd BUSINESS LINE 1 16 6.5 970266-1930 9702661930 16238 N COUNTY RD 25E BUSINESS LINE 1 16 6.5 970-266-8690 9702668690 4915 Shoreline Or BUSINESS LINE 1 16 6.5 970-377-0890 9703770890 16090 S Lemay Ave BUSINESS LINE 1 16 6.5 970-377-0899 9703770899 2733 Council Tree Ave BUSINESS UNE 1 16 6.6 970377-1689 9703771689 1441 E HoruIiooth Rd 1BUSINESS LINE 1 16 6.5 970-377.9514 9703779514 2733 County Tree Ave BUSINESS LINE 1 16 6.5 970407-0234 9704070234 3400 WVine Or BUSINESS LINE 1 1 16 6.5 97D474n39 19704070239 3400 WVinc Or BUSINESS LINE 1 16 6.5 9704105701 19704165701 112 Wdlow BUSINESS LINE 1 16 6.5 970-461.1498 970e611498 5824 Wright Dr, Loveland CO BUSINESS UNE 1 16 6.5 970-461-2700 9704612700 9281 W County Rd 32C. Lovdand BUSINESS UNE 1 16 6.5 970482-0385 9704820385 1599 City Park Or BUSINESS LINE 1 16 6.5 970482-1249 9704821249 1380 Hoffman Mill Rd BUSINESS UNE 1 16 6S 970482-1964 19704821964 2351 Bustin Or BUSINESS UNE 1 16 6.5 . 970462-2231 19704822231 5224 Poudre Canyon Hwy BUSINESS UNE 1 16 6.5 970402-5003 19704825003 43M W County Rd 50 BUSINESS UNE 1 1 16 6.5 970482-5140 9704825140 4300 W Coamtj Rd 50 BUSINESS UNE 7 1 16 6.5 970 82-6035 9704826035 4300 W Coun Rd 50 BUSINESS LINE 1 1 16 6.S 971 464-0424 9704840424 417 W Magnolia BUSINESS LINE 1 16 6.5 9704 1851 9704841851 300 W Drake Rd BUSINESS LINE 1 16 6.5 9704843201 9704843201 612S College Ave BUSINESS LINE 1 16 6.5 970 845441 9704845441 14316 La one Ave BUSINESS LINE 1 16 6.61 97044-8 8057 9704846057 11200 Raintree BUSINESS LINE 1 16 6.51 Integra Awards final 1125/11 EXHIBIT C COST MATRLX 970484-8625 9704548625 12511 Donella Or BUSINESS LINE 1 16 6.5 970493-0462 9704930462 12511 Donella Ct BUSINESS LINE 1 16 6.5 976493-0467 9704930467 12817 N Overland Tr BUSINESS LINE 1 16 6.5 970-493Q512 9704932512 4100 71ni. Timnath CO BUSINESS LINE 1 16 6.5 9704934274 9701534274 1599 Ci Park Or BUSINESS LINE 1 16 6.5 970493.6607 9704936607 413SB an Ave BUSINESS LINE 1 16 6.5 970�93-7187 9704937187 11229 University Ave BUSINESS LINE 1 16 6.5 970498-91" 9704989166 2554 Midpoint Or BUSINESS LINE 1 16 6.5 970-622-0152 9706220152 5824 Wright Or, Lowland CO BUSINESS LINE 1 16 6.5 970-635-2374 9706352374 5824 Wright Or, Loveland CO BUSINESS LINE 1 16 6.5 970-667-0386 9706670386 5824 Wright Dr, Loveland CO BUSINESS LINE 1 16 6.5 970667-0396 970667D396 5824 Wright Dr, Loveland CO BUSINESS LINE 1 16 5.5 970-667-1639 9706671639 5824 Wright Dr, Loveland CO BUSINESS UNE 1 16 6.5 970667-1935 9706671935 5824 Wright Dr, Loveland CO BUSINESS UNE 1 16 6.5 970.667-6436 Switch to lntcgra 9706676436 15824 Wright Dr, Loveland 1CO BUSINESS UNE monthly cost savings 1 J62A5 t6 .. 1040 6.5 422Sri81i!'".1,'Y'ar146Y 970484-7665 9704847665 1500 WMulllerty DSL-BUSINESS LINE Switch to Integra .. monthly cost savings 1 27M 50.95 50.95 6.5 6.5 vlv' dPh57A5 970221-1693 9702211693 1200 Raintrce MEASURED LINE 1 16 6.51 970-221.8565 9702218SZS 2000 Mathews MEASURED LINE 1 16 6.51 970-22o-2347 9702242347 201 Peterson MEASURED LINE 1 16 6.5 970-2244209 9702244209 1536 N Timberline MEASURED LINE 1 16 6.5 970-22"724 9702244724 300 Laporte Ave MEASURED LINE 1 16 6.5 970-226-5139 9702265139 6570 Partner Rd MEASURED UNE 1 16 6.5 970-266.0816 9702660816 15833S Lemay Ave MEASURED UNE 1 16 6.5 970-266-0988 9702660988 5833S Lemay Ave MEASURED LINE 1 16 6.5 970-266-0939 9702660969 5833 S Lemay Ave IMEASURED LINE t 16 6.5 970-2661440 97D2661440 3156 S Overland Tr MEASURED LINE 7 t6 6.5 970.2661451 9702661451 3156 S Overland Tr MEASURED LINE 1 16 6.5 970-266-1491 t9702661491 415 E Monroe Or MEASURED LINE 1 I 16 6.5 970-266-1787 19702661787 415 E Monroe Dr MEASURED LINE 1 1 161 6.5 9702661767 19702661787 415 E Monroe Or MEASURED LINE 1 16 6.5 970-282J684 19702823684 2109 Westchase Rd MEASURED LINE 1 16 6.5 970-282-9155 9702829155 6570 Pormer Rd MEASURED LINE 1 16 6.5 970-282-9362 9702829362 2109 Westchase Rd MEASURED LINE 1 16 6.5 970-377-1461 9703771461 1441 E Hometooth Rd MEASURED UNE 1 16 6.61 970-377-1480 9703771460 1"1 E Horsetocth Rd MEASURED UNE 1 16 6.5 970-407-9565 9704079565 1300 Laporte Ave MEASURED LINE 1 16 6.51 9704165340 9704165340 1102 Rerninilton MEASURED LINE 1 16 6.5 9704165341 9704165341 1102 Remington MEASURED LINE 1 16 6.5 970416SS54 9704165354 505 Pcterson MEASURED UNE 1 16 6.5 970416-7694 9704167694 42510m St MEASURED LINE 1 16 6.5 970416-8396 9704168395 1112 Wdlow MEASURED LINE 11 i6 6.5 9704168701 9704168701 600 N Sherwood St MEASURED UNE 16 6.5 970-416-8723 9704168723 1112 Will. MEASURED LINE 1 161 6.5 Integra Awards Gwl 125/11 EXHIBIT C COST MATRIX 970-416-9765 19704169765 1413SBryan Ave IMEASU RED LINE 1 16 6.51 970472-1336 19704721336 1222 Ladoft Avt IMEASURED LINE 1 16 6.5 970472-9169 9704729169 2145 Centre Ave tlle. MEASURED LINE 1 16 6.5 970-472-9301 9704729301 2145 Ave MEASURED LINE 1 16 6.5 970482.1871 9704821871 300 Lap2noAve MEASURED LINE 1 16 6.5 970482-1960 9704821960 700 Wootl St MEASURED LINE 1 16 6.5 970482-2015 9704822015 120D W Mountain Ave MEASURED LINE 1 I 16 6.6 970482-2550 9704822550 1700 Wood St MEASURED LINE 1 16 6.5 9704824280 9704824280 200 W Mountain Ave MEASURED LINE 1 16 6.5 970482-5334 9704825334 700 Woad St MEASURED LINE 1 16 6.5 970482-5408 9704825408 700 Wool St MEASURED LINE 1 16 6.5 9704644355 9704844355 1801 Riverside Ave MEASURED LINE 1 16 6.5 970 18 356 9704644356 1801 Riverside Ave MEASURED LINE 1 16 6.5 97048a9709 97NB49709 330 N Howes MEASURED LINE 1 16 6.6 970484-9733 9704849733 1330 N Howes MEASURED LINE 1 t6 6.5 970490-1917 9704901917 108 N Meldrum MEASURED LINE t 1 16 6.5 970493-1343 9704931343 2201 S Sheilds St MEASURED LINE 1 16 6.5 970493-2274 9704932274 700 Wood St MEASURED LINE 1 16 6.5 970493-6283 9704936283 430 N CoflcSeAve MEASURED LINE 1 16 6.5 9704938326 9704936326 1815 Tlmderim Rd MEASURED LINE 1 16 6.5 970-193.9023 9704939023 700 Wood St MEASURED LINE 1 16 6.5 9704944525 9704944525 1102 Remi ton MEASURED LINE 1 16 6.5 970495-9939 Switch W Integra 9704959939 1300 Rem nim MEASURED LINE rrro.thty costsavings 1 166.34 t6 Soo 6.5 325 F:rv%inNUh? 'Y125 Av o® CERTIFICATE OF LIABILITY INSURANCE °A0112812011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poilcy(los) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ilea of such endorsement(s). CONTAC PRODUCER McGill, Seibels 8 Williams of Oregon RIOO SW first Avenue, Suite 400 NAME: PNONE F rein u., c. 1. 503-940.6621 IN No): 503-943.6622 E+^A ADDRESS: Portland. OR 97201 INSUPI AFFORDING COVERAGE NAIC # INSURER A:OneBoamn America Insurance company INSURED Integra Talowar, Inc. INSURER B: 1201 NE Lloyd Boulevard INSURER C: INSURER o: Suite 500 Portland, OR 97232 NSURER E : NSURERF: r.OVFRAr FR CFRTIFICATE NUM13ER:KEF528L7 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRAUOLUUBR LTR TYPE OFINSURANCE INSR WNm POLICY NUMBER MMIDDY EFF MMIODT(YYYI LIMITS A GENERAL LIABILITY 111-00-9149.0004 12/15/2010 12/15/2011 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY PREh11SES Ea oocurtcrKo $ 500,000 MED UP (My one person) S 10,000 CLAIMS MADEFRI OCCUR PERSONAL 3 AOl INJURY $ 1.000,000 OENERALAGGREGATE S 2.000,000 CEN'L AGGREGATE LI MIT APPLIES PER: PRODUCTS-COMPIOP AGG S 2.000,000 $ POLICY PRO- FRI LOG JECrA AUTOMOBILE LIABILITY 71-003149.0004 12)15)2010 12/15/2011 COMBINEDSING Ea aNdonl 1,000,000 BODILY INJURY IN, parson) S X ANYAUTO BODILY INJURY(Perscodant) $ ALL CINNED SCHEDULED AUTOS O -ONNED HIRED AUTOS AUTOS RTY OA IN... dent $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS MADE DEB I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Yn WC STATU- OT11- T IA S E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED7 (Mandatory In MIT) NIA E.L. DISEASE - POLICY LIMIT $ IT )res, desuTe under OESCRIPUON OF OPERATIONS bofav 5 DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLE$ (Vlach ACOR°lot, Additional Remarks Schedule, it more space is required) Re: City of Fort Collins BID 7176'Telephone Lines for City of Fort Collins' Cerlificale Holder is named as an Additional Insured as respects the operations of the Named Insured With respects to General and Auto Liability Coverage as required by written and signed contract subject to policy terms, Conditions, limits and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of CollinsFort AUTHORIZED REPBESENTATNE PO Box 580 58 Fort Collins, CO 80522 Pago 1 of 1 © 1988.2010 ACORD CORPORAUON. Ali rights reserved. Armen nv rnnenrnRT Tl.n Arnon ....,.... —A 1.,.....,......1.a... A .... 1,. ^F Arnon Letter of Authorization Customer Name: Address: Inteem Tslrwom' see a. &oadxay SeuL auto 100 integra -.84 ralecou Fea a016e151aa Attentlon Accounts Payable please specify sate, room and/or building City State Zip This letter authorizes Integra Telecom to act as our communications representative and/or agent and represent the above -mentioned customer to obtain Information and/or copies of all of our network services. We also authorize Integra Telecom to Issue orders for disconnection, reconnection, reconfiguration and trials Mallon of services authorized below: ❑ Inbound 80018881877 Servc, ❑ Outbound Interstate Long Distance Service ❑ Outbound Intrastate Long Distance Service 17 Local Service AUTHORITY TO RELEASE CUSTOMER SERVICE RECORDS Provdarls: Liberty BelYQnest Were hereby nuo izad to raises* pennant nfamatiat to Integra Telecom and for following Integra Telecoms instructions wigs respect to any Ch mlJOS to or maintenance of the undersienofs twwom municatione sonke(s). You we requested to release to Integm Telecom any Customer pe detw, netwods nfamatbn wlw.;m Ua undersigned. services as may be Twill by image Telwarn in connectdn with its Wbhrg of service. to vie undersigned. You may deal directly with ategm Wecan an all matters Pwnaii to ax te'acom municalwns servica(a) and you warblow Integra TaIwan's munxtions with respect ,vote. Thh authodzelMnwillremaNneaed unit modified a...cmm n writing by the uMemignod. AUTHORITY TO RELEASE CUSTOMER PROPRIETARY NETWORK INFORMATION (CPNI) The undenlgmd hereby deignates Lowly Bele0wmtt (Agent) as it, aWwnaed bleconmWlkaIIM1 re xitsentaeYa(e) and agent to ad an Its IMhalf Y1 the IxoaremenlarMma'ntema ofilsneMnrktelecommunkalbnsmkas. matte Talecan is hereby authodzed and requested to Pravda all informalbn requested by Agent as a pertains to will detail records, contracts, confgamlkn and servke nfamat'wn. This outholbotion wiliramain in ogeet until madded ormstimadh writing by the undersigned. CHANGE IN LOCAL SERVICE PROVIDER This letter authorizes Integra Telecom to act as our agent for purposes of ordering changes In and/or maintenance on our tole coinmunicalions and related servicos. This authorization includes, without limitation, the removal, Installation, addition to, or rearrangement of our local access services, as well as equipment Interconnected to our telecommunications service (s). Provider Liberty Bell/Owest TN's Converting, to Integra See Attached List CHANGES IN PRIMARY LONG DISTANCE CARRIERS This letter authorizes Integra Telecom consistent with the above general authorization and FCC requirements, to act as our agent to change our primary Interexchange, carrier from our current service provider for each of the telephone numbers listed on the service agreement and any supplement to this authorization. (We understand that only one Intorexchange carrier may be designated as our Interstate primary Interexchange carrier for any one telephone number, and we further understand that any primary Interexchange carrier change made on our behalf may Involve the Imposition of a charge by local exchange carrier that we are responsible for paying.) If any jurisdiction allows for the selection of additional primary exchange carriers (e.g. for local, Intrastate, or International calling), then Integra Telecom is hereby authorized to change our primary carrier for those services from our currant service provider for each of the telephone numbers listed on the service agreement or any supplement to this authorization. Provider TN'. to be PICA to Inbgre Toll Free Numbers: Customer Name as it appears an Toll Free billISMS 800 Toll Free Number Rings Into 800 Serving Area Restrictions (This letter also authorizes Integra to use the RESP ORG ID of IMT10 or effective on a.m. or p.m.) This authorization shall remain in effect until canceled via written authorization by the above -listed company. This Letter of Authorization rescinds all other Letters of Authorization previously entered into by the above•Ilsted company. This letter also authorizes the use of a facsimile copy to be used as a valid and binding authorization. 0 a '' CuslomerA 'zed re, notive(PdntnimsJ I S Date ./ 8y- boos6� . ormiura sSll or-Tmr�— f the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Integra Telecom Attn: Purchasing Attn: Kathryn Henggeler, MIS, Attn: Cindy Degirmenci, PO Box 580 Telecom Systems Specialist Senior Account Executive Fort Collins, CO 80522 PO Box 580 990 South Broadway Fort Collins, CO 80522 Suite 100 Denver CO 80209 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. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "C", consisting of three (3) pages, and incorporated herein by this reference. 6. 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. 7. 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. 8. 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. `' SA rev03/10 9. 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. 10. Warranty. 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 workmanship/workwomanship 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. 11. 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. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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- 3 SA rev03/10 defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. 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. 14. 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 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 ah insurance company acceptable to the City. 15. 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. 16. 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 m SA rev03/10 holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(0) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate SA rev03110 the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17,5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. SA rev03/10 ATTEST: CORPORATE SECRETARY CITY OF FORT COLLINS, COLORADO a municipal corporation By. Jam B. 'Neill II, CPPO, FNIGP Dire of Purchasing and Risk Management Date:1 13 Integra Telecom ey: P MMrr- py,l PRINT NAME V tra Pao;l PENT CORPORATE PRESIDENT OR VICE PRESIDENT (Corporate Seal) Subscribed i!!id nrr!or! ol�n. nf:1rinod before mein the C„uniy State of��.,� e _ Z,aXv6d-7^--� n year 0, PUpi SA rev03/10 EXHIBIT A SCOPE OF WORK 1. PURPOSE: The Service Provider will assume responsibility for the operation of designated existing Telecom circuits, per the designated Cost Matrix (Exhibit C). 2. POTENTIAL CIRCUIT ADDITIONS: The City of Fort Collins will have the opportunity to add additional services to its account with Service Provider at any time, per the following procedure: i. Signed Order Packet is turned in to Sales Support Group. ii. Sales Support enters all data and information in to Service Provider's database where all employees can work from. iii. Sales Support works with Sales Engineer to go over order, perform site survey if needed, correct database as needed to ensure proper products have been sold and returns to Support Group when order has been scrubbed. iv. Sales Support then sends order to a Project Coordinator who then engages all parties involved with working the order, i.e., Customer, Design, Provisioning, enters all updates to database, communicates and coordinates with customer the installation and appointments from technicians. V. Account Manager is then assigned by Customer Care Manager. vi. Account Manager contacts and introduces themselves to customer. 3. REPAIR/SERVICE PROCESS: Repair Number: Toll Free 1-866-597-7792 (Staffed 24 hours a day 7 days a week) Fort Collins Local: 970-223-2227 Opening a Repair Ticket: A representative will record your company name, circuit ID or phone number, contact name, contact phone number, trouble being reported and ask how often you would like to receive updates. A Trouble Ticket number will be issued while you are on the phone for future reference to the report issue and a technician.will call you within the first hour. Expected Repair Times: DSL or POTS line within 24 hours. T-1 or higher bandwidth within 4 hours. Escalation — Contacts: 1" Level Manager: Sarah Keppers — Office — 303.643.5058 or Cell 612-964.2109 Vice President: Chris Nelson — Office — 303-643-5015 or Cell 952-237-4861 Service Issues — Contact: Aimee Rullo-Jones (Assigned Account Manager) Phone: 303-643-5117 Fax: 303-643-5444 Email: Aimee.Rullo-JonesC@integratelecom.com Cell: 720-233.2439 Emergency: 303-248-7007 Backup: Service Manager Sarah Keppers 303.643.5058 or Cell 612-964-2109 Rev7/2009 Billing Issues — Contact: Aimee Rullo-Jones (Assigned Account Manager) Phone: 303-643-5117 Fax: 303-643-5444 Email: Aimee. RulloJones(a)integratelecom.com Call: 720.233-2439 Emergency: Customer Care Manager: Dana Degenhardt 303.643-6041 or Cell 720- 532-3569 Service Provider does agree to accept major credit-card payment with no additional process charge. Upon Service Agreement being signed and in force, a mutually acceptable Implementation Schedule will be developed by the City and Service Provider. Rev7/2009