HomeMy WebLinkAbout2015-184 Agrmt - Hunter Communications
f~ H U T E Order
GeeajoiiData'
y 101 12013
®rder F~eYaiis - •
Order ORD-
CircuitlD (CID) 5551001048
Quote QUO-02891-N8R1JC- V.0 Customer PO V
(account Manager Sam Ackley 541-414-1420 saniP- hunteriber:cdm '
Field Engineer Micah Sinclair 541-414-1423 rnsiiicfairC°7hunterfiber.com
Project Manager Jessida. Woods :50-414-1357 7iZoai0fiunterffbe66orn i
Cusiomee1l3i111rt-4 Information
"0000000049 '
Ct`1injP`cc,tMri,j(it3'~
20 E. Main Street j
r1liar~G City of Ashland cs ~'~D.Lt • : Ashlai►d, OR 97520
~,f.It:QyCx p
u111fi7, ~cGCrfc' Michael Ainsworth 541-552-2316 ainswmashiand.or.us I
~JnY{I:Cc Dan Hendrix 541-552-2441 Dan.hendrixa)ashtand.or.us I
Jamie Snow/Sarah Henricksen 541-552:2010/541552-2059 payable(a?ashland.or_us I
i` r 'I~`~•~'r Mrti > ~`0.00~ J~S`8&4.00 36, months 1
All Circuits quoted subject. to available qualified facilities.
MRC: Monthly Recurn`n9 Cost, NRC: Npn-Reeurd qg Cost i
*Renewal- No NRC l
-MRC Is disbouriteii from standard cost of 5900 oa Sald discount will be appfred monihly for 36 month's from, the service acGvaGon dafe. Discount is
i
subject to change with any service modlfcatiohi requested by Customerthatresultln a lowerll4RC than originally detailed bereln.
.Service Information
Product Fiber Loop (x2) and 10OMbps EtherrietTransport 5ervice j
A Location !
Service Address Ashland Police Department' Bandwidth I
POP
City, State, Zip Ashland, OR V o'rIP Addresses Required •tija
Hun' Zer POP Construction Required no
Interlace Port
Local Contact Dan Hendrix
Z Location
Service Address Medford Police Dept: Bandwidth 1OOMbps E i S
Radio Connection POP
City, State, Zip Medford, Oft Construction Required
Flunter POP ln4err'aee Poet
Entry
Local Contact Dan Hendrix
Page ? - City of Ashland Hunter Initials Date z. 7. e,11
QUO-021391-NSRIX-V.0 Customer Initials Date
H. U hl T E R
~jJ c~or~rr~l~nr~u6~tieor~~ - -
D6jcri13i':i0n ' . Setice Noties'
Customer to,receive: Contract Renewal-
Site91-Ashland Police Deparcrnent
.o $300.00 Tiber Loop Customer to receive a monthly discount of $36.00 for d total
Site rr2- Medford Police Dept. !Radio Connection MRC of$96,~.00. :
a $300:00•Fib& Loop
a $300.60 10OMbps Ethernet Transport Service
U (136.00) 36 month discount
Special Terms and Gonr3iti6ns°' •
NRG is pending completion of final engineering; any changes to NRCwill be setforth in a mutually agreed upon change.order or j
addendum to this SO.
!
I
Order Acceptance
On behalf of Hunter Communications ("Flu nter"), the undersigned authorized Hunter representative hereby submits the above
services proposal to Customer. The offer becbmes•effective when accepted, signed, and returned to the. undersigned bj 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 td Expiration Date, all !
pricing, dates, and terms are 'subject to c6ige.
i
Name: Richa: •W.R n)
Wutl~~r Title: Pr i ent/ - 1
CornrrlUilkations
Signature: Date. fs' 211 •
I, the undersigned Customer, have read, understand, accept, and agree to the terms of this Service Order. This service. order is
subject to the Hunter Master Services Agreement (VISA) and the• Hunter Acceptable Use Policy (AUP), available upon request and
i
posted to the Hunter web'site (i,,i -Av.h6hterriber.com). Additionally, I understand that a l changes to this Service Order must be in !
writing. Any changes to this Service Orcler may result in a revised installation date and additional charges may be imposed. The i
above rates do not include any taxes, fees, or surcharges applicable to the service_ i
Name:
City of llsiZland Title:
. i I
Signature: bate:
,~c(112i~~d i`py~rifitC'•ia:0~
Pale 2 - City of Ashland
QUO-02891-NSRIX - V.0
communications
If
Master Services Agreement - Data Services
VO1.1.0
1. SERVICES .................................................................................................................................................................2
1.1. DATA SERVICES 2
1.2. INSTALLATION SERVICES 2
2. TERMS
3. CHARGES ...........................................................................................,......................................................................2
3.1. DATA SERVICES RATE
' 3.2. INSTALLATION SERVICES CHARGE 2
2 '
3.2.1. UNINTERRUPTIBLE POWER SUPPLY 2
3.3. LATE PAYMENT, DEPOSIT, ELECTRONIC BILLING 2
3.4. TAXES FEES, GOVERNMENT CHARGES 2
4. SERVICE LEVELS ......................................................................................................................................................2
S. HUNTER FACILITIES ARID EQUIPMENT ..................................................................................................................2
5.1. REMOVAL
5.2. PROPER ENVIRONMENT 2
S.3. DAMAGE 2
2
6. RIGHTS AND OBLIGATIONS OF CUSTOMER ...........................................................................................................2
6.1. INSTALLATION
6.2. PREMISESACCESS 2
6.3. ACCEPTABLE USE POLICIES (AUP) 2
6.4. SYSTEM INTEGRITY 2
6,5. HUNTER EQUIPMENT MOVEMENT 3
3
7. TERMINATION .........................................................................................................................................................3
7.1. CESSATION OF SERVICE
7.2. CESSATION OFACCESS 3
7.3. TERMINATION FEE 3
3
8. NO WARRANTIES ............................................................................3
• 9. EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITVAND REMEDY; EXCLUSIVE REMEDY .............3
10. UNCONTROLLABLE CONDITIONS
11. SEVERABILI'rY
3
12. GENERAL PROVISIONS ..........................................................................................................................................3
13. HUNTER COMMUNICATIONS ACCEPTABLE USE POLICY FOR HUNTER IP PRODUCTS AND SERVICES ..............3
13.1 PROHIBITED USES OF HUNTER'S SYSTEMS, PRODUCTS AND SERVICES 3
13.2 TERMS OF SERVICE
13.3 HIGHSPEED DIRECT FIBER CONN ECTIO N 3
13.4 INTERNET PROTOCOL ADDRESSES 3
3
_ HUNTER
T communications
HUNTER DATA MSA - Vo1.1.0
The terms' herein apply to Data Service Orders or Agreements ("agreement(s);' "service order(s);" or "contract(s)") between Hunter Communications
("Hunter", "Contractor" or "Provider") and Customers ("Customer") utilizing Hunter's Fiber Optic Network (the "network" or "system").
gs. servmGCvaemcrcnmr pwrchaseand Hunter eammvnrodans Herrera ahmrnmvmeso a,aamcn damaoa to HUnur: ramrue anal regwamencacanv matron arlaner mrvstamw•nctnuxnca, mtc„uonan see
-Mweed malnawanca or other cause within the reasonable control of Customer, Its employee or zewc, in
a i. Date SWteG Dtta:ervlec pennltatens: by eucom=to HuntefsLelecommunicatton:system to event of arty loss or damage to Huntefs foeaitlc or equipment for which customer L
gable. Customer shag
receive:<pice(:) indtated on a service order or agreement (husefter'Aerccmcnt~attht point ofddivary looted. reimburse Hunterfor the icer ofthe rc=wable cast ofrepalrorthe actual
cottofreplacement
at the service location(s) a: Indicted therein. The point of delivery I: the Ioction where the network and _
Customer': system are Intercenncacd. The dap :-Muss provided shall meet all :Wlce standards at forth In 6. Rich= and obUstlor. of Csmmer.
Seaion4 ofthL'ACreement
61 Installatran. customer :hall at IC expense undertake all necessary prepartlom required to
a2 Installation services. Installation :WLc consl= of coordinating with eustomer.the necessary comply with Huntef: Installation and maintenance f struden: Such preparations
Indudp obtaining all necessary
.clneering. site survey, system wnfiguratlon and other:Wicc necaary to provide Wwomer Dan Service, cement for the installation and we of Hunter faellitles and/or equipment In
the building- Including con:ants for
These -1ces shall be provided up to the data that the:eMca assure 1. compisted based on Hunter: customary n"-,y aItuatran: to buadlnM anvrinC that any flow loadng limits will
not be acceded; provtdinc suitable
toting pm=dw=and the :=I= Is available to the Customer ('the zcmlce acceptance date"). accommodation:, foundation: and an environment to meetthe environmental specifications
for HunterlrcludlnC an
necessary trunklnt conduits and cable tmy: provtding sutable electric pm w and any other utnities needed by
In addition, Hunter will provide the equipment (wlicdvely referred to as "Hunter facltltfesl necessary to cornea Hunter to Instant, test and or maintain Hunter's facilities
and equipments prouldnC a suitable and safe working
Cuwomcf: facilities to the network, crwlronmentfor Hunter: personnel, IndudinC an em ten==t safe from environmental hazards, and nklne up or
mmovin6 In time to allow Hunter to carry out Instagatlon a- scheduled, any fitted or fixed floor cov"Inp, telling
2.Tems. ACreemenCwill be effective upon the date executed by Hunter and shall continue for the amount of time tnc, suspended aainn and partition conmCustomer will provide Hunter
with ate= to all exiting conduits,
asset forth In the:Wia order from the:Wlcestart-up date, unless. :aorwterminated a: provlded therein. In the mazzwoysand ate to be used In cable pathway. By avxptine an Agreement
Ouzi r Implicitly provides Hunter, with
event written notice L not Civen by dither perry to terminate an Agreement atiast30 day: priorto the tematnation purntwlon to we any ov,gable conduits In old pathway.
date, said Agreement shall automatically revert to a month-to-month :ervicc basis on the came Leans and
cendltlon: except for the ratespecified In old AereamontThe rate for cash wenston period hall be the mt. then Hunter is not responsible forthe condition orfill rate or any Cstomer
provlded orcxLsting andult•, raceways and
In effectas published by Hunter, at leave 2S days priorto termination date, etc to be used In cable po+h-16, Crwomerguarantees that old Path" me= all required t1i rate
apadt(c and
that all components ofale Pathwaymmplywlth NEC (National Electric Code) recommended'bmd atlas If,
3. Cargm Hunterugreestopmvtde data:Wtces forwhlch CUstomeroeme:To prbvlde consideration a: outlined durlntithecowre ofincilkltion,Nuntuenmunters cstamuprovlded candultwhich4unuobfe
duet. excesalvc
In .service ordercrAgreement rill ate, bend more w candldon latched, blocked, mf=fnr etc) additional material anti/orlabormay be required to
camplem Insallatlon.AddAlonal matulal orlabor needed to complete Instagatlan:hall require prtorouthoreNon
31 Data Sevic= Rate. From the service :ar-up date, Customer :hag pay the ate oedried In byboth parlesin thefarm.cfa sFintd-Charec order.'
Cuseame: Agreement for each month of service. If the service doe not begin on the fin day of a billing ydt,
then payments for the first month shag be prorated on a dally ba:iz All asmunt will be Invoiced monthly, and on Any chances to the phyla) Installation IenCth:, delay. awed by
adverse son/rock condition: and/or material
sum: shall be paid bythefirt orflftcmth day of the following month (the 'due data); placeae hwolce a, contact requlmmena, and delays cawed by other contactor and/or mbeanamerar
made after notice to proceed will
vndnrr4l,unr..nben.a,n far details requIm a written'Ca,ee Orders and be considered due upon completion. Each aomrrena will be mulewed on an
cna Individual bads, (unless othemL•e agreed upon by Contactor and customer) and any additional cc= Incurred will
321vllation Services Cargo. Customa:hatl Pay the I•ulLtlan charge ('Non-rceurrlntz Charge be the raspon:lalilty of Customer, Ali required change will be de:ufhW as 'additional
work' and be billed
or'NRC) specifics! In in Customef: Agreement for the 1=11ation -hiss provided by Hunter. Unless otherwise accardinciy only afterwritten approval has been reviewed and:fgned
by both partite describing material, labor and
specified, a Materials Deposit In the amount of 50% of the total NRC will be required an projects prior to compensation requirements
ca uscmene The remalning NRC doll be due and payable upon candle Installation or the fiber termlruilnc
hardware and therefore cablishlnit the due data of the Installation charge. and any prorated dem services for the contactor mail, after notice from Customer, commence work.
At such time, Contra saw may dedcnam msourees
start-up period and continue dligently In the performance of such work. contractor dart =Ploy:uffident cow, work suffident
hour and/car zhl(=:o as W complete the mquirement within the time fames noted In an Agreement If no time
31.1. Unintenupuble Power Supply. Customer shall provide a form of unfntenuptlhle power for the fame for completion are provided, Contactor shall complete all service activation
requirements within a
fiber termination hardware and any Hunter fadlld= or equipment at the customers location. If the Customer doe rea:owblcpulodoftknenotmexcoed30•daysaftathoesttmted=rtdata Ewlmated:artdatr.(5)
t7ved41r.w
not provide an untntenuptible powersource, Huntwwlli provide one for the price listed below. :owner, afternatla to proceed has been given by Customer, material: have been
radved and all preparatory and
prdlminary requirements of this proposal have been atlfled, including the mcdpt of all necessary mchnfcal
• APCUnlntemptible Pme Supply.S200.00(one needed fuc.ch location) Information from theCwtnmerand anywork orcon.•wdon pmnitzesociatedwiththeproject
3m Late Payment Deposit Electronic 3RMg. Payments received afterthe due date maybe subjected For the purpose afchange(e)To the contact, the followinit ate are to be wed wdea
othervL•e agreed In writing;
toa change of L"✓. per month on the unpaid balance atthe d1twetlon of Hunter. Humermayrequlre Cuaomerto sandard hourly labor ate per employee will be baled otSa5A0 per hounThl.
hourly rare does net provide far any
pay a deposit In ad-csofthc provision ofury:WILG.Hunter:hall hold zny:wh dcpo:ltln a non•IntarctbarinC matdalt(VAdvere:oa/rock condltiorc Cantacorwnl not be held responsible
forthe removal of any material or
account and used to satisfy (rn whole or In pan) any obllgadon of Customer under an Agreement Custom=: can obstructions such r lava rock large boulders, sandstone, concrete
dabs/ddewalks or any other material- not
stCn up for account maagement online atvnw.hunterlbtr.eem. online bill-pay, auto bill-pay and e-bllllnCapdons nonnallyremavedbyhandtrenchine.rbybackhoe-bucketzmchments).
are av it able, Hunter will accept payments via check, ACH or =edit card (Yes/MC only). All Invoters will be:entvla r
man unless futtemer rcquca e-blllingvla canine account management. There will be a $75.00 returned check fee 62 Promises Access. Customer shag provide Hunter or other person:
authorized by Hunter with
on all returned check:. sac (on both a routine and emergency bads) for the Implementation of an service accepanm date:, Customer
win provide Hunter reasonable aces, to the Customer pmoltes where any Hunter facilities or equipment are
3A.Tmtc,Fc=, Government Charge. Customer agrees to pay any applicable taxes, fanthlse fees or In'=[led.Hunter:hag not brraponsible foranyfauit: on the network wanyfagum to perform
the provisions ofan
other e-vemmen=T ch.,Ces imposed upon Hunter Communication: by goverrIng body with jurL•ddonel authority Acratment to the extent that Hunter, In good faith, ricqufrc access,
and any such fault: or factures or the
over thlz zcMcc orfar we of public richt ofwaya and/orea:cments continuation themcf am a result of the failure of Nwom= to provide aec to the place at each location where
4. Swlce Levels. Hun[uwgl exercise fast=noble eKert•LO provide lntemct:Wfce an a24•hour-a-day,7-0ayper- Hurtwfadntrrs and/or equfpmentom Installed supportrngthe fallIngservlce
ereonnedon,
wcekbadm Customer undersands and aclmowledgc that Hunter does notvmrant that its Internet service will be (a) During Implementation, Hunter will normally arty out work required
to lncthn and/or repair Huntefs facilities
provided without Interruption. Customer abo undemmndm that the aw and speed for this service l• based on the and equipment during Its I.ornal working hour but may, an retsoluble
notice, require sac at other times At
utnImVan of burtable dam tmnsmi:Jan methodology where the full bandwidth conraacd for 1. to be utilized In Customer. request Hunte!=will carry outwork to Install Huntef: fadlitie:
and equipment outside Hunter's regular
burst: only and not continuously, unless othpwke inflated In Custone-Agreement Hunter may monitor worklnChour, in which evnt Customer agrees to pay overtime and any other appropriate
charges agreed between
Customer: bandwidth utilization In order W ensure that Customee, transmission: are within burmble utlamtron the partlm -
ate Cuiddlnm These culdelines am zzubjea to dunce at any time by Hunter adna In It: cote dls=etlon, and oil
such changes :hall be binding upon Customer upon written notice to customer by Hunter. (b) Any out-of-packet co:e, reasonably Incurred by Hunter, as a consequence of the
dental of access by customer
(or building owner) to any location :hag be paid by Custom- . Hunter :hag advise Cu tamerof any=h cast: on a
in the event of a dam service ounce deemed to be at the Hunter service level, Hunter wing have a tcehnfdtn czsc-byca.c basis.
Imm:trVting the [=us within 4 ho= aft=receiving ratification of the ounce from the Customer to the assigned
service number provided to Customer. With respect to a falum of continuous Interruption which L• not excusedu 63. Acceptable Use Pogdes (AUP). Huntef: Acceptable Use Pone (AUP)
4• posted to our web :Ito
provided in ML-.den w the-Ise, which exeeeds2. coweeudve hours I. duatlan-and efwhr h Hanlwm salvo (wwwhunturibu-mm) and is to be acknowledged and it.... by the customer at
all rasuable timm customer
written notice within 411 hours of such failure or lnterupdon,Hunter:hall credit"nunce. account with re:pett to shall comply with Huntefs acceptable use pogdm The accep4able
we poRdes are subject to chance at arty time by
the affected service by an amount equal to one-thirdeth ofthe reenring monthly charge for the:cNr,a for cash 2a Hunter adna In is sole dL=ctlan, and all such changes shall be
binding upon Customer upon written notice to
hour puled durlna which the failure or interruption contlnum Thl:cedit:hall be the sole and cocluslve remedy of Customer by Hunter.
Customer with respect to any interruption or failure of the:Wics.
(a) Customer shall be responsibleforthe we and compatibility of equipment ar corware not provided by Hunter. In
No such cedt:hall be due, however, if the Int-ptlon L• caused by reasons beyond the reasonable control of the event that Customer we equipment or saftwam not provided by Hunter
which impair owtomcf: Data
Hunter orforma.w: related to scheduled network maintenance. Swvrcc or the network Customer shall nonetheless be liable for payment for as servt¢, Including without
limitation any software provided by Hunter. Upon noticefrom Hunterthat any equipment ar softvare not provided
S. Hunter Fa Tties and Equipment MytimterAdlitles and/or equipment insulted an oustomef: premles:hall by Huntul:ausing or Is Ilkdym cawean hazard. Inturerena,ar-mim obstruction,
Cwtomusholi lmmediatdy
be and remain the property, of Hunter and maybe repaired or replaced at anytime and removed at the termination eliminate the likelihood whamrd, intwfwance, orxrvlaobs'Wdon and
If CUstamerflls to do:o,Huntermay
If:Wiese, and may be used to supply othera:nmam of Huntsrwhether or not on the=me premL•m Norentor take such action as It deems required to eaminam such hazard, Interference
orservice obstruction.
other charge stall be made by Customer on Hunter for pladng or maintaining it: facilities or equipment upon
Custgmees prcmt:= Hunter hall be entided, at any time, to affix to Hunter facilities or equipment a labd (b) Customerwgt onlycorre=tothe network wing Industry standard equipmerl%which
complies and L•compa llibe
Indladng the Interest of Hunter. After at Tart 46 hours notice, Customer will grant Hunter Communlcatlons or with the service specifications :et forth In applicable technical
publications. Notwithstanding the undertaking of _
ceopeate with Hunter CommunicVan: In obtaining ra:onable access to It: premise: for the Installation, Customer In the prior sentence, If, In Huntefs ma=nable opinion, the teduhlal
inteulty of the network or the
operation, removal, repair and/or maintenance of the facilities and equipment for the:Wla: hereunder. In the :crvia being provided over the network to Customer or any other
third party is beingjcapardiied or l: likely to be
event that Customer does not provide Hunter With The necessary aaen to remove sold equipment angler facillges jeopardized as a result of the connection of any Cwtamu premL'es
equipment to the network by Owlam=or by
after the termination of:cmlce upon radving notification r indicated above, Hunter may 3== a fee to ommino any other activity for which Customer L respondble, Hunter may swpwd
the previdon of the:eMce; to any
equal to the remit cost of mid equipment and/orfadgtle plus 25% connealon:oaKeeted Following remedial action by Cwtom=atL•feaory Hunter, Hunterwai reinstate the service
provided through that connection as soon as po: lble.
S2 Removal. Cwtomerwill we reasonable efforts to ensure that Hunter faditle: and/or equipment
are not removed or owed to be removed by any person, other than Hunter or without Hunter': prior wrlmen (c) Hunterrcervcthe right to allow or refuse to allow any make, model
or=ftware revision ofctrwomerprovided
consent. equipmcnttobeweda:agatcwaytoanynetworkaacs:. Cwtomerwlg moperamwith Hunter In :ettlnethe Initial
52 Proper EnviranmenG Customer :hall use rea=nabf le efforts to kccD the location of Huntefs conRCuration for Its equlpmcnrz In[erfacewth the ncmmrt
fadlides and/car equipment In the properemtronmenta: spedfred by Huntar. (d) Hunter may from ttme'to time lout technical Instructions on the use of the network to -tom
the proper
functioning of the services Cr the protection of the network from damage or detulontlom Customer wig observe
53. Damage. Customer agrees to exudsa due are and caudon to protect Huntefs facintles and technical W-trudona
equipment from the weather, vandalism and other potential problems Customer shag be liable for any los=s or
2
[-HUNTER
communications
HUNTER DATA MSA -V01.1.0
6i, System Integrity. Cumomerte cure anyvlolation (otherthan failure to Poo or the prow-lonc of an
Agreementwlthln 30 days after rdcelvingwritten notlrcatton from Hunter. 191 IRMIJbfted Ut" of:Huntce. Systems, Produces and Services.
65.Hunter-Equipment Moycmcnt Customer 1: obligated to obtain written approval from Hunter L Tm-!T::ion,dlttrlbudon orctomCeofanymateril in W.Iman ofaryzppgeble law orreCUatlon
prtar tb mwi.Eanyor. Hunter: eaulprl MOVInC ofequipmentwldtou[authort=Iran may mute damaCC and/cur I: pre: bitod ThL fndudo, without lbmodon,Material protected by eopyrlCht,
tradern2k trade
uteee•Aoutle- muaadpucge, due to the mewingofequipmentwithoutwritten authcrlatlon, will be the aeere[or other Intellectual property right Iced wlthouc proper authadauon, and
material thatL
sole ratpondbiaryafthe CO:tomcr. Cosa der repair parfomr<d by Hunter «rhnldana aao fruit ardamaCr due to cube'.: e,defamatory, eansle.ec an'leplrhreat orNala--orallo,v
e or Hunter equipment than be bome by the Customer. No deduNOnt to brume will be made far 2. Scndfrg erns adtad ..If Cr_ indudrne the tcndtne of 'Junk air or aNar
ad-..dnft
Custom-ed autoget. material to Individu I= who did not -pacifically rcquctc aM+ material (cg, 'tmall epam'). ThL-
Indudn but L- not limited to, bulk mallinC of commercial advMLltr. informational
7.TCrnination Eitherpzny maytarnlnmte an ACreement for must, provided written notice is Civen the other party announcement:, and pogtfo(tm=ttaL'a tndudes pazdnethe amt or dmUw
m=gtto one er
specifying the came for termination and reque:tlne correctlenwlthln 10 day: for falluro to pay a mm due, orwlthtn Marc new;Croup: (excessive aoa-pasdnC or myNplo-poaNC). Hunter
accounts or service may
30 days for any other mu:E and such oleo Is not connected within the applicable perlod. Cause 1: any material rat be wad to collect replies to m=Cz sentfrom anotharf fteme Servfoe
Provichtt hero throe
breach of the term: of an ACreemcr4 including the failure to pay any amountwhw due, the filing of a pethlan In mmstCesvlolate till: Policy orthetofthe otherprovlderr,
bankruptcy by or ZVI= Customer or Customa's Inability to meet oblleations when due, or failure of Hunter to 3. Unauthorized um, orforClnLofmag hwdertnfomzt[on (e,O,'-poorinC-).
pmvfde amf= a: dcmned in the Aercement In the event of a failure to pay a :Yee due, Huntermay chooa to 4. Unauthorized attempts by a user to gain aerc to airy account or
computer rcaurce, not
tempomrliy deactlwte:mice In lieu of terminating old ACroamant For:ervfce deacavatlon(:), Hunter mu:troum bd.nCfnCto that war (EC., "aacklnC"J,
all notlRotlon guidelines relatlnCta Agreement termination Octforth herds. In the eventofa:ervlm deaNvadon, S. OhtalnlnCorattemptlncto Obtain smlce bywrimeare erdevlcowith
lntentto avoid payment
Customer may have -lot reactivated by paying an :Ian: due, Hunter may a::-- a $50.00 service reconnection S. Unauthorized aecam altemtian, destruction, or any attempt thereef,
of any information of any
fee. Hunterwnl provide additional Information upon request - Hunter customers orendAm r: byanymeare: or device.
7. , K-.(,,Zty engage In any activities that will oust a deniafoftcrvlm (,,C., tynchr mined number
71 cessation ofSmlm Huntermay deny Cu.-tomeraaex to the network and cm:e to provide all or sequence attacks) to any Hunter citn mer: or end-wer. whtthu on the Hunter network
or on
part of any:.Nf- described In CuttomrX: Arfcementwlthou[ notice If Cu,-tomer another provlders network
(e) violates any providnn ohppllcablc acceptable uso P.Ildc; & Uelng Huntce. Products; and Services to interfere with the use or the Hunter network by other
(b) engoCrs In any conduct or activity that Hunter, In It: sole discetfon, reasonably be fevc customer crauthorked =or-
a":kthatHunter may be subjeacd to dvft., IM(nil lld6ldam,chuges, or dnmaCc; or, S. Any op:nwtre(c network Is =Icily pmhfbited. Anytype of unauthorized service, sharing will
be
(c) would muse Hunter to be denied access or to lose smites byNuntc(s Intamet provider. :earthed for and Immediately Idendfied. Any Customer umvlgfng to bring down any such
network
will be terminated
73. Cecathon of Access. if Hunter mate to provide or denies Ciotti- -e s to the remark
purwnt to thLsectfon,'other Customer-any of Its customers shag have any right Each Hunter IP customer L respondbit for the activitlet of Its customer bce/reprcentativescur end-user,
and, by
(a) to acoesthmuCh Hunter any materfel:stared on the Intirnat, atmpdnit -lco from Hunter, l: VCreonC to ensure that t nhstomers/reprGentativc or end-us= abide by this
(b) to obtain any acmes otherwItc due to Cu.-timer, and such acrgt; hall be forrefted, or Policy. Complaints about amamer/rclamsentativc or end•wer. of Hunt" IP Customer will
be farnirded to the
(c) to acct.: third parry services, merdandlse or Information on the Internet throuCh Hunter. Hunter IP cusfomee. postmaatu for action. If vlolatlon: of the Hunter Cammunimdac
Acceptable Use PoRW or
Hunter:haU have no retpondblliryto notify any thlyd•parry, provider.of:mfcc, mcrhandl:e or A=ptoble Use Poliry(or HUAWIP Produce and 5mt=occur, Hunter reserve the riChtto
terminate-cNiw with
Information ofany discontinuance of anyservlces purwntto this section, nor any fcpon:fbgiry or take action to -top the offending customer from vfolatinC Hume(.AUP a: Hunter
deem, appropriate, without
for anycorcoquenec rcotgdngfrom fackofsurh noUgotlon. notieE
73. Termination pee. Either parry may terminate an Agreement upon 30 day- written notice to the 2=7rcrrre ofS,mlce. To eleure, that di Hunter Network were experience reliable:ervtco,
Hunter requkes uccr to
other party (Cirlon n" llmd" 1: allowed, Hunter will receive such notlffotlons at contracts@huntaffbercom), adhereta thefollowingtersand conditions.tryeu haveanyquctfan: orconcoms
regarding Hunter serviat, all
Upon early termination for any ro:on, other than material breach by Hunter Communications, or If Hunter the appropriate contact listed an your monthly billing statement Cable Modem
customers need to contact their
terminatt: the Agreement for muse, any and all tlsta(latlon waivers, at rates and charges atonally Incurred up to respective 15P.
the date of termination, a: well as the full amount oth crwI c due to Hunter Communications over the full term of
Connection.
the ACrcement, will became immediately due and payable by Customer to Hunter Communlotlon:, unless 733 HiCh Speed 0r.% F, heir
otherwise Indicated.
a. No Wamnties, To the anent permitted by applicable law, Hunter Is providing the service: and the system ° No rest lint; of bandwidth :ervkc7 any wlydGS devices (flaributing
Internet access or bandwidth
and tiding but not limited to the Hunter faellitraz and/or equipment and any nods, to the network) a: Isand with an on Cusemmer premisc:hall be :oared and Identified to Contractor.
faults, and hereby cROcla(ms all other warranties, if any, either expre: , Implied. statutory or Otheml--t with respect
_ to any of the system and services provided or to be provided under an ACreemen, fncludinC but not limited
warmntir, of merhtintabglN, fitnc; for a partictllar purpose, of lack of vfm,.w, lack of neelleence or lack of ° Bandwidth u:ewnibemomtored at the Hunter Head end.
workmanlike effort Should a Business Service :[to exceed the maxbnwn sustained bandwidth contracted, you will receive a notIrmtron
Hunter makesno vraranty. requlringyour service revel to btupgaded to match the needs of)mur business =Cc.
(a) or tide, quiet ejoymcnt or rick ofinfrfnCem ntwith rapca to the tyicm or:ervice; web Hosting smlced are pertnLgtle wet, such it: a marketing firm ho;tine paean for their
tumbmcr_ other
:micas notyet Implemented may be allowed by written consent of Hunter Network AdminIsamdon.
(b) that the operation of the system or smfee will be uninterrupted or error from 13A intemet Protocol AddreG Custom" may request provision of Interact Protocol (IP) Addresses
by Hunter,
3. Exclusion of Certain Damage Umitation OfliabTtyAnd Remedy.&dusrvc Remedy. To the maximum gotten and Huntermay provide Ip Addfeam toCumam"in It: sole discretion. Hunter provided
]P Address ownership at all
permitted by applicable law, In no mantwlR Hunter be liable under any-MM neellecnce,: rictllablllty, or other times will remain solely with Hunter, and Customer shag have re, riCht
to use any Hunter provided ]P addresses
thcoryfor anytpedal,Indirea, Inddentaf or can:equentlal damages (Including but not limited to damages for fez of excepts: permitted byMunter during the term of CUStwnersACrccment
Hunter,in lessale and absolute dlacrcdon,
profits for confidential or other Information, for business interruption, far personal injury, for its: of privacy, for may also need to chance or remove any and all audl IP Number
and AddreztC, and will do :o with a Mnlmum
failure to mcctany, dutyinduding ofCoodfalth or ofrw:orabie ores forncellCmtt, and for any other pecunlary of nodcc of(30) days to Cwtamer.
other loss whaesoper) cutting out of or In any way related to any breach by Hunter of this Azmemem, to the
provision or we of or Inability to we the".em arsmlces or other,vL•ewlth respect to any subject matter afthl: Hunter: allocation of lP Addm=ls isiimited by pcMdcand protocolretrorth
bytheAmallmn Registry for Internet
Agreement, even It Huntuha: been advised of the possibility ofamch damaem Number. (ARIN)• Hunterwill periodiolly rcviewlPAddrez u=rc, and If It L• determined thateustomeris
not icing
Hunterpravlded IP Addresses Inaccardan¢wlth AlUN'spolkitz, Hunterwgl revokezutherintlonto we aid iP
Huntcts total ][ability to Customer under this Agreement and the tmnmafans contemplated hereby, Including Addrosez. All lP Addre"provided to CU-tomubyHuntwmmtbeutPkedwithln72 ho=
oran.cad..if
without limitation any liability of Hunter for any damages of any nature whatsoever, tnduding without limitation allemted IPAddr=w are not uUlbedwithin thlstime frame Hunter re:mes
the rich[ to rotroct any and all unused
direct or acbaf damages, shag be limited to the direct damages Ironed by Cwtome In actual and reasonable IP Address[: withoutnotifying the client
reliance on theystem or:micc, which damage shelf no4 In the agcrcpte, acted 100% of the amount having
actually been paid by Cetomcrto Hunter In the twelve month period immediately preceding the date on which the
trod, Civingrise to the damages counted.
Except for the provision of credits to Customer's account a; -pedGally provided In section 4, the rights and
remedies canted to Cuttam" und"L,-aNon 3 concdtute Customize: ale and aduslve remedy against Hunter,
ICs agents, effldaL• and cmplarr=for my and all dams arLlnC under =tatory or common few or othawl:a.
Thanearenothirdparrybenofidadcofarty Arreemene Cues . creetthat Hunterzhollhavenollabnltyfoftha
negligence, produces, swl= or websitG a( Customer, of a;fzter, of developer er cansultant: Identified of '
referred to Customer by Hunter, or of any other third parry, including but not limited to liability for the mntang
quality and accuracy of thefortcoingwhleh are amcstlblebyw.t of the.system ar:ervfcc of Humer.
10.1.1ncontroll3ble Condiidont. NeltherpartythallbedeemedtnvfolatlonofanyAcreementiflt L•prmcntcdrmm
performing any of the obnCatlona under cold Agreement by reason of;evert weather and ;torn..^, tarthgmkcz or
other natural orcvrcncG; =fit= or other labor unvc t, power fanurm; nudes or other dull or military
emergenclmpace al IepJ9adve; judicial; aewtivc or adminivatlve authorities or arty other drcamtancc v/nid,
are not within Its reasonable contraC
1L 3evembRiry. In the event that a punt, Cevemmemal aCency, or regulatory body with proper jurlmledon
determincthac any ACreement or a provision of=Td Agreement L unlawful th e Acrecmen, or that pmvLron of
the AEraemcnt to the extent I[la umawful,:lall tarmtnate, it a providon of an Arreamant L tamfnated but the
parlG on legally, commedagy and practicably cantlnuewithout the termino"d Pravislon, the remainder of that
AgrccmentsheU mntinucln eKect ,
1Z General Previdom Failure or delay by other party to exardse arty right or pr(vIteCe under an Agreement and/cur
the term: herein will not operate as a waiver of such right or privilege. Customer may assign an ACreament only
with the concen[ of Hunter. An Atteemert cactitutc the enure understanding between Customer and Hunter
'
with respeecto Smico provided therein andsvparedG any pdorAgreemetlts or under-tandings
13. Hunter Communications Acceptable Use Pogryfor Hunter 19 Producesard 5micc.
Hunter Communications Aeeptable Use Policy (the "Policy") for Hunter IP Produces and Service L dolor ed to help
protect Hunter, Hunter: customers and the Internet ommuniry In general from Irresponsible or, In some o:e:, -
Illegal activities. The Policy Is a ncn-aduzlve list of the action, prohibited by Hunter Communication Hunter
Communications rcmes the right to modify the Pollcyat any time.
H U N T E R
• ~ c o m m u n c a t 7 o n.
Hunter Communications Acceptable Use Policy for Hunter Internet/Intranet Products and
Services
Hunter Communications Acceptable Use Policy (the "Policy") for Hunter Internet/Intranet
Products and Services is designed to help protect Hunter, Hunter's customers and the Internet
community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-
exclusive list of the actions prohibited by Hunter Communications. Hunter Communications
reserves the right to modify the Policy at any time.
Prohibited Uses of Hunter's Systems, Products and Services. '
1. Transmission, distribution or storage of any material in violation of any applicable law or
regulation is prohibited. This includes, without limitation, material protected by copyright,
trademark, trade secret or other intellectual property right used without proper authorization, and
material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending unsolicited mail messages, including the sending of junk mail" or other advertising
material to individuals who did not specifically request such material (e.g., "e-mail spam"). This
includes, but is not limited to, bulls mailing of commercial advertising, informational
announcements, and political tracts. It also includes posting the same or similar message to one
or more newsgroups (excessive cross-posting or multiple-posting). Hunter accounts or services
may not be used to collect replies to messages sent from another Internet Service Provider where
those messages violate this Policy or that of the other provider.
3. Unauthorized use, or forging, of mail header information (e.g., "spoofing").
4. Unauthorized attempts by a user to gain access to any account or computer resource not
belonging to that user (e.g., "cracking").
5. Obtaining or attempting to obtain service by any means or device with intent to avoid
payment.
6. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any
Hunter customers or end-users by any means or device.
7. Knowingly engage in any activities that will cause a denial-of-service (e. g., synchronized
number sequence attacks) to any Hunter customers or end-users whether on the Hunter network
or on another provider's network.
8. Using Hunter's Products and Services to interfere with the use of the Hunter network by other
customers or authorized users.
9. Any open wireless network is strictly prohibited: Any type cif unauthorized service sharing
will be searched for and immediately identified. Any Customer unwilling to bring down any
such network will be terminated
1
H U yI~T T i E n R
c a m m a c e
Each Hunter IP customer is responsible for the activities of its customer base/representatives or
end-users and, by accepting service from Hunter, is agreeing to ensure that its
customers/representatives or end=users abide by this Policy. Complaints about
customers/representatives or end-users of Hunter IP Customer will-be forwarded to the Hunter IP
customer's postmaster for action. If violations of the Hunter Communications Acceptable Use
Policy occur, Hunter IP customer's Products and Services reserves the right to terminate services
with or take action to stop the offending customer from violating Hunter's AUP as Hunter deems
appropriate, without notice.
2
0 IF
-.S HIL. N D
cauncH CoMMUnR'Cation
ebr uanj 189 2 X149 Busy nszz Mep_Ung
Sole Source Procurements - Two Public Contracts with Hunter Communications
for Data and Radio Fiber Optic Network Services
FROM
Terry Holderness, Police Chief, teny.holdemess cr,ashland.or.us
Gail Rosenberg, Administrative Analyst, aail.rosenberanashland.or.us
S UAEV AIRY
The Ashland Police Department's existing dispatch system requires data and radio fiber optic network
connections between the Ashland Police Department and the Medford Police Department's dispatch
center. The data and radio network connections must be supported 24 hours a day and 7 days a week
to support police operations. At this time Hunter Communications is the only known company that
can provide and support these two network connections. The Ashland Police Department intends to
enter•into a 36 month contract for the data network connection and a 36 month contract for the radio
network connection.
BACKGROUND AND POLICY VI P]LICA.TIONS:
The Ashland Police Department has been contracting with Hunter Communications for these services
for approximately 10 years. Diligent efforts were made by City staff to locate additional service
providers, but once again found that Hunter Communications is the only service provider that can
provide these support services in this area.
Section 2.50.090 Exemptions from ]Formal Competitive Selection Procedures
All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or
Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model ,
Rules except for the following:
F. Sole Source Procurements - a public contract in which the Department Head finds in writing
that there is only one provider of a product or service of the quality and type required available.
1. Sole-source procurements shall be awarded in accordance with ORS 279B.075 and all other
applicable provisions of law.
FISCAL EVIPLICATIONS:
Funds are budgeted annually for these services. The contract for the radio network connection is
$ 864.00 per month for a total cost of $31,104.00 for 3 6 months. And, the contract for the data network
connection is $648.00 per month for a total cost of $23,328.00 for 36 months. The total amount for
both of the 36- month contracts is $54,432.00.
STAFF RIEC®MIENDATION AI D REQUESTED ACTION,:
Staff recommends that Council approve the two contracts with Hunter Communications for data
Page I -P2
- II u ~t IF
-ASHLAND
network and radio network connection.
SUG G]EST]EI~ MOTION:
The Council, acting as the Local Contract Review Board, moves to approve the Sole Source
Procurements with Hunter Communications for radio and data network connections.
ATTAC]8TW ENTS:
Hunter Communications Contract for Radio Connection
Hunter Communications Contract for Data Connection
Patre 2 of 2
FORM #5 ASHLAND
SOLE-SOURCE D E'I[`1EIESN NA.`7I`IION AI`~TD V17RI7I T EN ]FI NDD'gGS,
GOODS AND SERVICES
Less than $x.00,00®:
To: Terry Holderness
]From: Gail Rosenberg
Date: February 18, 2014
Re: Sole Source Determination and Written IFiudinas for Goods and Services.
In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there
is only one provider of a product or service of the quality and type required available.
(Estimated tot2.l value of contract: $54,432.00
Network connection: RADIO DATA
Monthly rate: $864.00 $648.00
Total amount for 36-month contract: $31,104.00 $23,328.00
Project name: Data and Radio ]Fiber Optic Network Services
Description of goods and services:
The Ashland Police Department's existing dispatch system rewires data and radio fiber optic
network connections between the Ashland Police Department and the Medford Police
Department's dispatch center. The data and radio network connections must be supported 24
hours a day and 7 days a week to support police operations. At this time Hunter
Communications is the only known company that can provide and support these two network
connections.
.q
Background:
The Ashland Police Department has been contracting with Hunter Communications for these
services for many years. Diligent efforts -were made by City staff to locate additional service
providers, but once again found that Hunter Communications is the only service provider that
can provide these support services in this area.
]Findings:
(The findings below must include actual information supporting the determinationZ.
Form 45 - Sole Source-Goods and Services - Less than $100,000, Page 1 of 2, 2/1312014
MarketResearch Over&U funding:
fln.accordance with ORS 279B. 075. these are the examples of findings that should be addressed
Select at least one of the findings and prepare the determination as it syecifzcally relates to the
goods or services being- procured. More than one finding can be addressed The findings are as
follows- 7
The IT Department was able to identify only two companies who couli provide this type of data
communication service to the sites required: Hunter Communications in.d Charter Business
Communications.
o Hunter was the original provider who set up the original service and has been supplying it continuously
for the past 10+ years.
o For the purposes of this contract, Charter Communications was deemed unresponsive. After two initial
phone calls, establishing that this was a type of service that they might be interested in providing,
Charter failed to respond to any further telephone calls, and the business phone number they provided
us now says that the "number has been changed or disconnected."
]Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the
efficient utnlizationn of existing goods requires the acquisition of compatible goods or
services from only one source.
N/A
Pursuant to ORS 279B.075 (2)(lb): ]Provide findings supporting your determination that
the goods or services required for the exchange of software or data with other r-pulblic or
private agencies are available from' only one source.
Currently, Hunter Communications is the only service provider that can provide these
support services in this area.
]Pursuant to ORS 279B.075 (2)(c): ]Provide findings supporting your determination that the
goods or services are for use in a pilot or an experimental project.
N/A
]Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the
goods or services are available from only one source.
See market research findings above.
Form #5 - Sole Source -Goods and Services- Less than $100,000, Page 2 oft, 2/13/2014
Page 1 / 1
CITY OF
_
. ASHLAND DATE PO NUMBER
20 E MAIN ST. 7/10/2015 12974
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 000082 SHIP TO: City of Ashland - Police Dept.
HUNTER COMMUNICATIONS, INC. 1155 E MAIN STREET
801 ENTERPRISE DR ASHLAND, OR 97520
CENTRAL POINT, OR 97502
FOB Point: Ashland Req. No.:
Terms: Net 15 days Dept.:
Req. Del. Date: Contact: Lynn Merrifield
Special Inst: Confirming? NO
Quantity Unit Description Unit Price Ext. Price
12.00 Mo Monthly bandwidth service radio/CAD/RMS 652.95000 7,835.40
to Medford
FY 16 - $652.95 per month
8.00 Mo FY 17 - $652.95 per month 652.95000 5,223.60
Hunter Agreement - 36 Months
Expiration date: February, 2017
SUBTOTAL 13 059.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 13,059.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 110.06.09.00.60416 13,059.00
r
Authorize6 Signature S VENDOR COPY
FORM #3 CITY OF
-ASHLAND
REQUISITION Date of request:
Required date for delivery:
Vendor Name Hi intar Cnmmnnicatinng
Address, City, State, Zip 801 Fnternriga Dr Stp. 101 Cantral Pnint oR gi sog
Contact Name & Telephone Number
541-734-2800
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ® Sole Source Contract #
GOODS & SERVICES ® Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5,000 to $100,000 ® Written quote or proposal attached Agency
❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: (Date) I
Description of SERVICES Total Cost
Monthly bandwidth servicelradio/CADIRMS to Medford
FY 2016-$652.95 per month x 12 months
FY 2017-$652.95 per month x--12-months ~
Approved b council on 02118114 -80
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quote/proposal
Project Number Account Number 110.06.09.00.604160 13 vS y.crtb
Account Number Account Number
*Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes /No
By signing this requisition lm,-i-eertify--thhaat-the-Cifypublic contracting requirements have been satisffii
Employee: ~_S7 TU~1 c 0 DeNartment Head:
(EqualYo or greater than $5,000)
Department Manager/Supervisor: City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year 4w/ NO
Finance Director- (Equal to orgrealUthan $5,000) Date
Comments.
Form #3 - Requisition