HomeMy WebLinkAbout2014-176 Agrmt - Hunter Communications
DocuSign Envelope ID: 5522D26F-C02A-43FB~-93pF6-2752D151E59E .
~
-U-U F)-O-~
-N
~lJy_~_ Order Creation Date
communications 5/2/2014
Order Details -
Order' TBD
- - Crrdud ID (Clt))` 5551001435
Quote: QUO-03005-X8Q8H-V.2 _ "iCustomer.PO.#.
Account Manager. Sam Ackley 541-414-1420 sam@hunterfibec.com
- `".Field Engineer. Micah Sinclair 541-414-1423 msindair hunterfiber.com
~~s Pro'ect Mang'e''r`- Mike bavis 541-414-1435 mdavis@hunterfibeccom
Customer/Billing Information
sk- ~r ti i. y r >r3rr 0000000273
4 *d Y<~~: 1 20 E. Main Street
t City of Ashland Ashland, 01397520
r. Michael Ainsworth 541-552-2316 michael.ainsworth hash land.or.us
9, Chad Sobotka 541-552-2402 chad@ashlandfiber.net
1- Jamie Snow/Sarah Henricksen 541-488-5354 oavabledashland.or.us
r.r~ -a r
lie
64
$5,000.00' $21,000.001- 19 months"
All Circuits quoted subject to available qualified facilities.
MRC: Monthly Recurring Cost; NRC: Non-Recurring Cost
'Pending final engineering; any changes will be set forh in a mutually agreed upon change order. Discounted from actual cost of $10,000.00.
"MRC discounted from standard cost of $24,000.00. Said discount will he applied monthly for 19 months from the service activation clate/Sewice,
Order renewal date. Discount is subject to change with any service modifications requested by Customer that result in a lower M,4C than originally
detailed herein. -
-Extension will commence on W114 and run until 1011115; Customer will be allowed an optional renewal period of no greater than 60 months. Length
of renewal term and any changes to the Service Order will be documented in the form of a mutually agreed upon addendum to the Service Order.
Service Information - -
PrOCIUCf'. Fiber port and 1500 Mbps Dedicated Synchronous Internet Bandwidth
A Location
Service Address, 90 N. Mountain t, 1500 Mbps"
City , State, Zip Ashland, OR 97520 # of IP,Adiresses Requi~eii
Hunter POP• .InsJalI I tract YE
Interface Port
a,
Local Contact Michael Ainsworth
'Customer may request service upgrade by contacting Hunter Account Manager (see contact details above). Upgrade details and any other changes to
the Service Order will be documented in the form of a mutually agreed upon addendum to the Service Order.
PPagel - City of Ashland Hunter Initials /a, 1L Date as'/o5. 1
QUO-03005-X8Q8H-V.2 Customer Initials Date ,c c%
DocuSign Envelope ID:5522D26F-C02A-43FB-93F6-2752D151E59E -
communications
;Description. _ - '.Service Notes
Customer to receive:
e 1500 Mbps/1500 Mbps Dedicated Internet Service
(including port charge): $24,000.00 MRC
• Partner Discount: ($3,000.00)
l
:Speci al Trm
esandeonditions -
NRC is pending completion of final engineering; any changes to NRC will be set forth in a mutually agreed upon change order or
addendum to this 50. Service includes the following: full Internet and Layer 2 diversity/redundancy on a protected circuit, full
management of all AFN Internet routing (support of AFN BGP and transit edge management), and provisioning /management of all
AFN edge devices. AFN is currently multi-homed to a single provider. While L2 connectivity to peering routers is protected, any
major issues (while rare) with Hunter's routing core may cause issues for AFN. This potential issue will be solved by adding yet
another layer of redundancy via the implementation of a direct peering connection between the AFN and a separate provider. As
part of this service upgrade, Hunter will provide and install an additional router at the headend and directly connect this router to
an LS Networks transit connection out of the Ashland CO. This upgrade ensures that in the unlikely case of a core routing failure on
the Hunter network, or even the complete isolation of the AFN from Hunter's core, there will be an available transit connection in
Ashland. Customer to contact noc@hunterfiber.com or 541-414-1407 for all BGP and transit edge network support issues.
Customer shall be permitted to resell services; with the exception of this provision, Customer is otherwise bound by the terms of
the Internet/intranet Service Agreement dated August 3, 2010 (IISA). Additional terms and standards are set forth in the attached
Hunter Communications Service Level Agreement (SLA; Exhibit 1). Additional network support efforts requested by Customer may
be billed at the hourly rate of $185/hr. All references in the IISA to service speed, including but not limited to redundant circuits, are
updated to 1500Mbps. The above MRC for this Order is the Base Fee for this Order.
Ordr
e~Acceptance
On behalf of Hunter Communications ("Hunter"), the undersigned authorized Hunter representative hereby submits the above
services proposal to Customer. The offer becomes effective when accepted, signed, and returned to the undersigned by Customer.
The term of this Agreement will begin upon service activation unless otherwise indicated herein. This Service Order is valid for 30
days from the date of issue ("Expiration Date") and if it is not accepted and made effective by Customer prior to Expiration Date, all
pricing, dates, and terms are subject to change.
Name: Richard W yan
Hunter Title: re,, d, 11 CEO
Communications
Signature: w Date: OS~c;' Zo7
I, the undersigned Customer, have read, understand, accept, and agree to the terms of this Service Order. This Service Order is
subject to the IISA and the Hunter Acceptable Use Policy (AUP). The AUP is available upon request and posted to the Hunter web
site (www.hunterfiber.com). Additionally, I understand that all changes to this Service Order must he in writing. Any changes to this
Service Order may result in a revised installation date and additional charges may be imposed. The above rates do not include any
taxes, fees, or surcharges applicable to the service. '
Name: imark Holden
City of Ashland Title:• , Cy p~
Signature: Yaa ~®ate:-
Page 2 - City of Ashland APP ED AS M FORM
QUO-03005-XSQ8H -V.2
Ashland Asst tty Attorney
Date`Q7 d'7
_ DocuSign Envelope ID: 5522D26F-C02A43FB-93F6-2752D151E59E_
ru _N
communications
Exhibit 1 - Hunter Communications Service Level Agreement
1. Hunter Backbone SLA
These Hunter Communications (Hunter) Backbone Service Level Agreements (SLAB) provide Customers with certain rights and remedies
regarding the performance of the Hunter Backbone (as defined below). These Hunter Backbone SLAB apply only to the Hunter fiber optic
transit and transport services. Notwithstanding the foregoing, these Hunter Backbone SLAB do not apply to services such as. by way of
example but not limitation, remote side VPN or Dial-up access services.
2. Definitions
For purposes of these Hunter Backbone SLAB, the following tens have the meanings set forth below:
e "Hunter Backbone" means Hunter owned and operated Internet Protocol (IP) routing, and Layer 2 transport infrastructure.
• "IP Transit Backbone" means backbone connections purchased from other network service providers for the purposes of transiting
IP traffic from the core Hunter network to and from the Internet.
• "Network Outace" means an instance in which no traffic can pass in or out of the Selected POP through which Customer connects
to the Hunter Backbone. -
• "Lath' means the average time required for round-trip packet transfers between routers the Hunter Backbone during a calendar
month, as measured by Hunter.
• "Packet Loss" means the average percentage of IP packets transmitted between Hunter Backbone routers during a calendar month
that are not successfully delivered, as measured by Hunter.
• "Average Jitter" means the average variation in delay for.packet transfers between Hunter Backbone routers during a calendar
month, as measured by Hunter.
• "Maximum Jitter' means the maximum variation in delay for packet transfers between Hunter Backbone routers, as measured by
Hunter.
• "Base Fee" consists solely of the base monthly fee paid by Customer for the affected Hunter service and excludes all other fees
which might be charged to Customer, including, by way of example and not limitation, set-up fees, fees for local loop, space rental
fees, charges for additional services such as managed services, incremental bandwidth usage, electricity, extra IP addresses, RAM,
or hard drives beyond that which is available without additional charge under Hunters standard rates, hourly support charges, and
other types of optional additional services.
For Customers of Hunter Fiber transit and transport services, the Base Fee may include just the base monthly access or bandwidth fee
paid by a Customer.
3. Summary of Hunter Backbone SLAB
As described in more detail below, these Hunter Backbone SLAB provide commitments based upon goals in four key areas:
• Timeliness or Reporting is reporting service Interruptions within 15 minutes or less.
• The Hunter Backbone available to Customer free of Network Outages 100% of the time.
• Latency of the Hunter Backbone of (1) 45 milliseconds or less.
• Packet Loss of the Hunter Backbone of 0.1 % or less.
• Average Jitter on the Hunter Backbone of 500 microseconds or less; and Maximum Jitter not to exceed 10 milliseconds more than
0.1% of the time.
4. Timelines of Reporting
Hunter's goal is to report service interruptions within 15 minutes or less, after Hunter's determination that the Service is unavailable or
impaired. As per this Service Order, Customer shall keep Hunter informed in writing of the current individual and alternates serving as the
Point of Contact. -
Subject to sections 9 and 10 below, upon Customer's request, Hunter will issue a credit to Customer for Timeliness of Reporting within the
Goal qualifies Customer for one day's charges pro-rated from the MRC of the affected Service, at a maximum of one such credit accrued per
day.
6. Hunter Backbone Availability
Hunters goal is to make the Hunter Backbone available to Customer free of Network Outages 100% of the time.
Page3 - City of Ashland
QUO-03005-XSQSH-V.2 i
__Docu$ign Envelope.IID.55522D26F-C02A_43FB-93F6-2752Dl51E59E- -
communications
Subject to Sections 9 and 10 below, upon Customer's request, Hunter will issue a credit to Customer for Network Outages in an amount equal
to one day's worth of the Base Fee paid by Customer, multiplied by each hour (or portion thereof rounded to the next hour) of the cumulative
duration of such Network Outages during a particular month. .
6. Hunter Backbone Latency
Hunters goal is to keep latency on the Hunter Backbone to (i) 45 milliseconds.
Subject to Sections 9 and 10 below, if Latency on the Hunter Backbone, as applicable, for a calendar month exceeds the time frame set forth
above for the applicable portion of the Hunter Backbone, Hunter will issue a credit to Customer equal to one day's worth of the Base Fee paid
by Customer for such month.
The terms of this Hunter Backbone SLA related to Latency will take effect the first full calendar month after Customers first use of the Hunter
Backbone.
7. Hunter Backbone Packet Loss
Hunter's goal is to keep Packet Lass on the Hunter Backbone to 0.1 % or less. If Packet Loss on the Hunter Backbone exceeds 0.1 % during a
calendar month, Hunter will issue a credit to Customer equal to one day's worth of the Base Fee paid by Customer for such month.
The terms of this Hunter Backbone SLA relating to Packet Loss will take effect the first full calendar month after Customer's first use of the
Hunter Backbone. /
8. Hunter Average and Maximum Jitter
Hunters goal is to keep Average Jitter on the Hunter Backbone to 500 microseconds or less; and for Maximum Jitter not to exceed 10
milliseconds more than 0.1% of fa calendar month. Subject to Sections g and 10 below, if Average Jitter on the Hunter Backbone exceeds 500
microseconds; or if Maximum Jitter exceeds 10 milliseconds more than 0.1% of a calendar month, Hunter will issue a credit to Customer equal
to one day's worth of the Base Fee paid by Customerfor such month.
The terms of this Hunter Backbone SLA relating to Jitter will lake effect the first full calendar month after Customers first use of the Hunter
Backbone.
9. Measurement
Hunter will, on an average of every 15 minutes, measure the Hunter Backbone routers using software and hardware components capable of
measuring traffic and responses at such routers. Customer acknowledges that such measurements constitute measurements across the
Hunter Backbone but not other networks to which Customer may connect. Hunter reserves the right to periodically chance methodologies it
uses without notice to Customer.
10. Exceptions
Customer shall not receive any credits under these Hunter Backbone SLAB in connection with any failure or deficiency of the Hunter Backbone
caused by or associated with:
1. Circumstances beyond Hunter's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in
telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or
equipment needed for provision of the Hunter Backbone SLAB;
2. Failure of access circuits to the Hunter Backbone, unless such failure is caused solely by Hunter;
3. Scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of Hunter,
5. False SLA breaches reported as a result of outages or errors of any Hunter measurement system; or
6. Customers acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence,
willful misconduct, or use of the Hunter Backbone or Hunter services in breach of Hunters Terms and Conditions of Service or Hunter's
Acceptable Use Policy.
11. Credit Request and Payment Procedures
in order to receive a credit, Customer must make a request in writing (email is sufficient) to their sales representative. Each request in
connection with a Network Outage must be received by Hunter within seven days of the Network Outage and must be confirmed by Hunter's
measurements of the Hunter Backbone. Hunter must receive each request in connection with Latency or Packet Loss in a calendar month
within seven days after the end of such month.
Each valid credit will be applied to an invoice of Customer within two billing cycles after Hunter's receipt of Customers request therefore.
Credits are exclusive of any applicable taxes charged to Customer or collected by Hunter.
Notwithstanding anything in this Hunter Backbone SLA to the contrary, the total amount credited to a Customer in connection with Network
Outages, Latency, Jitter and Packet Loss in any calendar month will not exceed the Base Fee paid by Customer for such month.
1. Customer Termination Rights. Customer may terminate the Product under this Order without penalty or Termination Fees if, in
any single calendar month: (i) the Product Is impaired or unavailable for at least 48 hours in the aggregate; or (ii) any single
impairment or unavailability of the Product exists for a period of at least 24 consecutive hours. Such termination must be conducted
by written notice to the person and address designated to receive notices in the IISA and within 5 business days following the end of
Page 4 - City of Ashland .
QUO-03005-X8Q8H - V.2
DocuSign Envelope ID: 5522D26F-C02A-43F8-93F6-2752D151E59E
communications
the relevant calendar month. Such termination will be effective 45 days after receipt of written notice by. Hunter- The Customer's sole
and exclusive remedies for Product interruptions or Product deficiencies of any kind whatsoever are limited to those allowed in the
IISA and this SLA.
12. Reporting Outages -
All outages should immediately be reported to 1-800-939-6336. This number is staffed 24x7 and will provide immediate notification to the
correct technician.
13. Response Time
In the event of a service outage deemed to be at the Hunter service level, Hunter will have a technician investigating the issue within 2 hours
of notification.
Pages - City of Ashland
QUO-03005-X8Q8H 7V.2
2
Page 1 / 1
ASH LAN EYt i RECORD DATE PO NUMBER
20 E MAIN ST. 7/1172013- - 11681
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 000082 SHIP TO: City of Ashland-Warehouse
HUNTER COMMUNICATIONS, INC. (541) 488-5354
801 ENTERPRISE DR 90 N MOUNTAIN
CENTRAL POINT, OR.97502 ASHLAND, OR 97520
FOB Point: Ashland Req. No.:
Terms: Net 15 days Dept.:
Req. Del. Date: Contact: Michael Ainsworth
Special Inst: Confirming? No
Quantity Unit Description Unit Price Ext. Price
THIS IS A REVISED PURCHASE ORDER
2.00 mo Internet bandwidth services usage of up 17,000.00 34,000.00
to 1000mbps
10.00 mo Internet bandwidth services useaqe of 21,000.00 210,000.00
up to 1500Mbps
12.00 mo OR PTR Fee 4.95 59.40
Processed change order 06/24/2014 5,000.00
Installation fee per contract for 1500
Mbps Dedicated Snvchronous Bandwidth,
Invoice #40548
as ► 3 t~~--
SUBTOTAL 249, 059.40
BILL TO: Account Payable TAX 0.00 ,
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 249,059.40
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 691.02.47.00.60140 249 059.40
Authori d Signature VENDOR COPY
FORM #1o CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM C ~i
Request-for-a-Change-Order SE I, L- fl ~ -
Name of Supplier 1 Contractor 1 Consultant: Lr rt lit a Total amount of this
contract amendment:
Purchase Order Number: l (p 8 !
Title lDescription: ~Y (t or 6, 36 $ 0 9 o
❑ Per attached contract amendment ~Yr 4 o rf o0
Contract Amendment P o i°9, so 200
`Ve"Po 5 $ -7 F 6 ~ 100 % of original contract
'c65~b FYI( +o Fyr _
T-Wk ^m-•• ~tract ama rents % of original contract
m t~
Amount of this contract amendment % of original cpntract
TOTAL AMOUNT OF CONTRACT . ° On cgptract~_ L~~
In accordance with OAR 137-047-0800: 1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special
Procurement. 2) The amendment is necessary to comply with a change in law that affects performance of the contract. 3) The amendment results from renegotiation of the terms and
conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services
to be
provided under the amended contract are the same as the goods and services to be provided under the unamended contract; b) The City determines that, with all things considered, the
amended contract is at least as favorable to the City as the unamended contract; c) The amended contract does not have a total term greater than allowed in the solicitation document,
contract or approval of a Special Procurement. An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by the
amendment in the procurement documents, it would likely have increased competition or affected award of contract.
Contract amendment is within the scope of procurement: YES NO* (If "NO", requires Council approval l Attach copy of CC.)
Sourcing Method: IRFP 04ed
SMALL PROCUREMENT - Less than $5.000 7. PERATNE PROCUREMENT . QRF or
❑ "YES", the total amount of contract and cumu 've REQUEST FOR PROPOSAL (rha~j A y EXEMPTION PURSUANT TO AMC 2.50
amendments !g $6,000. "YES" the cumulative amendments ❑ "YES", the total amount of original contract and
❑ If "NO", amount exceeding authority requires s 25% of original contract amount or $250,000 cumulative amendments !g $100K for Goods & Services, s
Council approval. Attach copy of Council whichever is less. $75K for Personal Services, <$50K for Attorney Fees.
Communication. ❑ If "NO", amount exceeding authority requires ❑ If "NO", amount exceeding authority requires Council
❑ Exempt- Reason: Council approval. Attach copy of Council approval. Attach copy of Council Communication.
PERSONAL SERVICES Communication. ❑ Exempt-Reason:
❑ "YES", Direct appointmenls$35,000 ❑ Exempt-Reason:
❑'If"NO",requires approval.
INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT
Goods & Services - $5.000 to $100,000 ❑ "YES", the total amount of cumulative amendments ❑ Written Findings: Document the nature of the
Personal Services-$5000 to $75,000 <-25% of original contract amount or $250,000 emergency, including necessity and circumstances
❑ "YES", the total amount of cumulative whichever is less. requiring the contract amendment
amendments 25% of original contract amount ❑ If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City
"NO", amount exceeding authority requires Council Council approval. Attach copy of Council Administrator
approval. Attach copy of Council Communication. Communication. ❑ If applicable, attach copy of Council Communication
❑ Exempt- Reason E] Exempt-Reason: El Exempt- Reason:
SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT
❑ "YES", the total amountof original contract and cumulative amendments are ❑ "YES", the original contract was approved by City Council.
within the amount and terms initially approved by Council as a Special Provide date approved by City Council: _ (Dale)
Procurement. If "NO", Council approval is required. Attach copy of Council Communication.
❑ If °NO", amount exceeding authority requires Council approval. ❑ Contract amendment approved and signed by City Administrator.
Attach co of Council Communication
69/ oa h°~ a o &5 o i19CrD
Project Number Account Number Account Number
*Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurate) All h extra pages if needed.
Employee Signature~wo~ Department Head Si ture: a 1 I~ i1A
1- Alalar rornt ntract_'S,0 )
City Administrator: p 4 w
(Equal p orgreater than $25010 or 10%)
Funds appropriated for current fiscal year. (6 / NO I"
Finance Director fEqual to orgrea rthan$5,000) Date
Comments:
Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 6/26/2014
Kris Bechtold
From: Kris Bechtold [bechtoldk@ashland.or.us]
Sent:. Wednesday, July 02, 2014 2:42 PM
To: 'Kris Bechtold'
Subject: Hunter Communications - Internet Bandwith
Contract with Hunter Communications for internet bandwith...contract good until 10/1/2015... contract was
renegotiated twice (3/27/2014 & 5/2/2014) during the 5 year term; This contract that Mark Holden entered into
in May got a lower rate, also AFN to pay $5K more for equipment ...$404,000...we are backtracking now
because need to pay the invoice for $5K for equipment. Original RFP was approved by council, but siotr
have been reviewed by legal and signed by Dave Kanner. Purchasing asking for Legal to review, comment or
approval?
Kris Bechtold
Paralegal to City Attorney
City of Ashland / Legal Dept.
20 East Main Street, Ashland, OR 97520
541-488-5350
TTY 1-800-735-2900
541-552-2092 fax
bechtoldk(@ashiand.or.us
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and
retention. If you have received this message in error, please contact me at (541) 488-5350.
r