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HomeMy WebLinkAbout2019-097 201990315 Portland Nap RIGHT OF ENTRY AND LICENSE AGREEMENT THIS RIGHT OF ENTRY AND LICENSE AGREEMENT("Agreement") is made this 12th day of December, 2018, by and between CITY OF ASHLAND,an Oregon municipal corporation,whose address is 20 East Main Street,Ashland,Oregon, 97520 ("Licensee"), and PORTLAND NAP, Inc, a Washington state corporation, whose address is 921 SW Washington Suite 100,Portland Oregon 97205 ("Licensor"). WITNESSETH: WHEREAS, Licensee is a service provider planning to utilize and/or provide communication services in and to the Pittock Block Building located at 921 SW Washington, Portland, Oregon 97205 ("the Premises")and Licensor desires to grant a non-exclusive license in and to the License Area(as defined below). WHEREAS, the Licensor has the unrestricted right to grant the license hereinafter described relative to the Premises. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Licensee and Licensor agree as follows: 1. License. Licensor hereby grants to Licensee a non-exclusive license including the right of entry • (the "License") to install, operate, maintain, repair and replace communications cable, and equipment (collectively referred to herein as the "Work") in its License Area for purposes of providing communications services. A. Licensor shall provide for Licensee's use one-third of one cabinet in Suite 600 of the Premises B. Licensor shall provide tie cables and cross connects from Licensee's cabinet to Licensor's central network interconnection point within the Premises. Licensor shall'make cross connects as requested by Licensee. Licensee shall send e-mail request for each cross connect service to crosscormect @pittock.com ("Service Order"). Licensee shall pay Licensor for each cross connection in accordance with the Cross Connect Schedule attached hereto as Exhibit A and made a part of this Agreement. All start or stop Service Order requests must be e-mailed thirty(30)days in advance of the requested start or stop date. 2. Term. The term of this Agreement shall be one year, commencing on December 17, 2018,, and terminating on December 16,2019 (the"Term"). Thereafter the Agreement shall continue on a year-to- year renewal basis, with either party able to terminate the Agreement by giving the other party not less than thirty (30) days' advance written notice prior to the December 17 commencement of each renewal term. 3. Payment. Commencing on December 17, 2018, Licensee shall pay to Licensor, without notice or demand and without any set-off or deduction whatsoever, the monthly sum of $425.00 (plus any amounts due pursuant to requested Service Orders)which Licensee shall pay in advance on or before the first day of each calendar month during the Term of this Agreement (the "Monthly Payment"). If Licensee fails to pay within thirty (30) days when the same is due and payable, such unpaid amounts shall bear interest at the rate of eighteen percent (18%) per annum from the date due to the date of payment. 1 4. Construction Covenants. A. Licensee shall: i. prior to the commencement of any Work, at its sole cost and expense,prepare and deliver to Licensor plans and specifications ("Plans") detailing the proposed construction and Work. Licensee shall submit the Plans to Licensor for approval. Licensor shall submit its response regarding the proposed Work within thirty (30) days after receipt of the Plans. Licensor shall not unreasonably withhold or delay approval of the Plans; perform all Work in a safe and workmanlike manner consistent with generally accepted construction standards; iii. perform all Work in such a way as to minimize, as is reasonably practical, any interference with the operations of the Premises; iv. obtain, prior to the commencement of any Work, the necessary federal, state and municipal permits, licenses and approvals; v. not permit any liens to be attached to Licensor or to the Premises vi. repair any damage to Licensor's property or the Premises resulting from or solely related to Licensee's Work; and vii. not disturb in any way the equipment, cables and associated hardware belonging to Licensor or other licensees within the Premises. B. Licensor shall: i. provide and install one-third building standard cabinet in the License Area; ii. provide building standard air conditioning to the License Area; and iii. provide and install one 6A/120VAC primary circuit and one 6A/120VAC redundant circuit supported by Licensor's UPS and generator systems. 5. Performance of Work. Licensee may contract or subcontract any portion of the Work to be performed pursuant to this Agreement. Licensee shall not be relieved of liability for any of its obligations under this Agreement as a result of subcontracting the Work and all of Licensee's subcontractors shall be subject to the provisions of subsection 4.A above. 6. Covenants. A. Licensee hereby covenants and agrees at its sole cost and expense it shall: i. keep its License Area in good order, repair and condition throughout the Term and any Renewal Term; ii. comply with any federal, state and municipal laws, orders, rules and regulations applicable to its Work and occupancy of the Premises; iii. except as contemplated herein, not to disrupt, adversely affect or interfere with other providers of similar services in the Premises, or with any occupant's use and enjoyment of their licensed space or the common areas of the Premises, or any of Licensor's other licensees, employees or invitees; and iv. ensure that the combined use of the primary and redundant electrical circuit provided to Licensee shall not exceed 720 watts. B. Licensor hereby covenants and agrees to provide Licensee access to the License Area, twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year in order to allow Licensee to perform installation, maintenance and repair functions, all in accordance with Licensor's rules and regulations attached hereto as 2 • Exhibit B and incorporated herein by the reference, which Licensor may modify from time to time provided such modifications are provided to Licensee not less than thirty (30)days in advance and in writing. 7. Equipment and Premises. Upon the expiration or termination of this Agreement, Licensee shall, at its sole cost and expense, remove its equipment from the License Area and the Premises. Licensee shall repair any and all damage to the Premises caused by the removal of its equipment. 8. Warranties. Licensor makes no warranties or representations that the License Area or the Premises are suitable for the use contemplated by this Agreement. Licensee has inspected the License Area and the Premises and accepts the same "as is". Licensee agrees that Licensor is under no obligation to perform any of the Work or to provide any materials to prepare the License Area or the Premises for Licensee, except as may be described herein. Further Licensor shall have no liability or responsibility for damage or loss to any of Licensee's equipment as Licensee expressly warrants and represents that Licensee is aware that Licensee is not the sole party provided access to the License Area and that other parties shall be provided access to such area at such times as determined by Licensor. 9. Termination for Bankruptcy or Default. Either party may terminate this Agreement upon written notice to the other party in the event (1) either party files or initiates proceedings or has proceedings filed or initiated against it , seeking liquidation, reorganization or other relief(such as the appointment of a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or other similar law, and such petition is not discharged within sixty(60)days of filing or(2) either party fails to comply with any provision of this Agreement ("Default"), which Default shall not have been cured within thirty (30) days after receiving written notice specifying such Default from the non-defaulting party. 10. Subject to Laws.. This Agreement is further subject to all applicable federal, state and local laws, and regulations, rulings and orders of governmental agencies, and the obtaining and continuance of any required approval or authorization of the Federal Communications Commission, or any governmental body. 11. Indemnification. Licensee shall forever indemnify and hold Licensor harmless and at Licensor's election, defend Licensor from and against any and all claims, losses, damages, fines, charges, actions, or other liabilities of any kind or description arising out of or in any way connected with Licensee's occupancy, work at or use of the Premises. In the event of any litigation or proceeding brought against Licensor and arising out of or in any way connected with Licensee's activities, Licensee shall, upon notice from Licensor, vigorously resist and defend such actions or proceedings in consultation with Licensor through legal counsel reasonably satisfactory to Licensor. 12. Limitation of Liability. Licensee, for itself and its customers utilizing equipment in the License Area, acknowledges that use of the License Area and selection and use of equipment therein are at its and its customers' sole risk and Licensor shall have no liability therefor. Licensor shall not be liable for any claims arising out of or related to this Agreement, the use by Licensee or its customers of the Services or Premises or location of equipment therein, or any lost revenue, lost profits, replacement equipment, loss of technology, rights or services, incidental, special, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of service of any equipment or Licensee business, whether under any theory of contract, tort (including negligence) strict liability or otherwise. In no event shall Licensor's liability hereunder exceed the total of three Monthly Payments as provided under this Agreement. 3 13. Notices. Notification to either party pursuant this Agreement will be sufficient when deposited in the United States mail, first class mail, certified letter or return receipt requested, postage prepaid, or by overnight courier to the addresses as set forth below: Licensor: Portland NAP 921 SW Washington Suite 100 Portland, Oregon 97205 Licensee: City of Ashland AFN Operations Manager w/a copy to Legal Dept 20 East Main Street, Ashland, Oregon,97520 14. Successors and Assigns. The benefits and obligations of this Agreement shall inure to the benefit of, and be binding upon, the successors, assignees, heirs and personal representatives of the Licensor and Licensee. Either party hereto shall have the right to assign this Agreement upon first obtaining the written consent of the non-assigning party. The assigning party shall provide to the non- assigning party, prior written notice setting forth the name and address of the assignee under any such assignment. Notwithstanding anything to the contrary contained herein, either party may assign this Agreement without consent to a subsidiary, affiliate or parent company to any entity in which it has a majority interest, or to any entity which succeeds to all or substantially all of its assets whether by merger,sale or otherwise. 15. Insurance. Licensee shall maintain property, casualty and liability insurance necessary to protect the Premises with a minimum limit of$1,000,000 per occurrence for property and $1,000,000 per occurrence for personal injury and name Licensor as additional insured. Licensee shall also provide and maintain in force worker's compensation and other forms of insurance which may be required by law. Certificates of insurance shall be provided to Licensor upon request. 16. Waiver of Subrogation. Neither Licensor nor Licensee shall be liable to the other for any loss or damage caused by any of the risks that are covered by property insurance or could be covered by a customary broad form of property insurance policy, or for any business interruption, and there shall be no subrogated claim by one party's insurance carrier against the other party arising out of any such loss. 17. Force Majeure. In no event shall a party have any claim against the other party for any failure of performance by such party, if such failure of performance is caused by or the result solely of causes beyond the reasonable control of such other party, including, but not limited to: damage caused by electrical storms, fire, heavy rain, heavy snow, other acts of God, or other natural catastrophe; laws, orders, rules, regulations, directions or action of governmental authorities or of any civil or military authority,national emergency,or strike, lockout,labor shortage or material shortage. 18. Governing Law. The Parties' rights and obligations and all interpretations and performances under this Agreement will be governed by the law of the State of Oregon, and any dispute arising from this Agreement shall be brought solely within the courts of Multnomah County, Oregon. 19. Severability. In the event that any one or more of the provisions of this Agreement shall for any reason be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall be unimpaired, and shall remain in effect and be binding upon the parties. 4 20. Waiver. The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement, the waiver of any term or condition of this Agreement, or the granting of an extension of time for performance, shall not constitute the permanent waiver of any term or condition of this Agreement, and this Agreement and each of its provisions shall remain at all times in full force and effect until modified by the parties in writing. 21. Paragraph Headings. Paragraph headings as contained herein are provided for convenience and reference only. They in no way restrict or limit the contents or terms of this Agreement. 22. Amendments. No subsequent agreement between Licensee and Licensor shall be effective or binding unless made in writing and signed by both of the parties hereto. 23. Final Agreement. This Agreement sets forth the entire understanding of the parties and supersedes any and all prior agreements, arrangements or understandings related to the subject matter described herein, and no representation, promise, inducement or statement of intention has been made by either party which is not embodied herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the day and year first above written. LICENSOR: LICENSEE: Portland NAP City of Ashland By / BY , Tom Bechtell Kelly Madding Manager City Administrator 5 EXHIBIT A PITTOCK BLOCK STANDARD CROSS CONNECT SCHEDULE from License Area to T-250 CROSS CONNECT TERMINATION SPECIFICATIONS • POTS—terminated into a RJ1I button jack using USOC configuration • LADS—terminated into an RJ11 jack using USOC configuration • 10/100BaseTX—terminated into a T568A jack. Twisted pair copper is used for distances up to 300 feet Fiber should be used for distances over 300 feet • DS 1 —terminated into an RJ45 port • DS3—terminated into a duplex BNC port, • FIBER—multimode and single mode fiber are terminated into a Duplex SC port Location of patch panel within customer cabinet is as determined by Portland NAP installer unless customer specifies a location. Cross connect cost for each patch panel port utilized in License Area as follows: PORT TYPE - NRC MRC TWISTED PAIR PORT $250 $15 DUPLEX COAX PORT 250 50 DUPLEX FIBER PORT 250 100 NRC is a one time non-recurring installation cost due when the Service Order is placed. MRC is a monthly recurring cost due on the first day of each month. 6 EXHIBIT B RULES AND REGULATIONS 1. No sign, placard, picture, advertisement, name or notice shall be posted or affixed on or to any part of the outside of the Building or the License Area without the prior written consent of Licensor, and Licensor shall have the right to remove any sign, placard,picture, advertisement, name or notice posted in violation of this rule,without notice to and at the expense of Licensee. 2. The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not be obstructed by any Licensee or used for any purpose other than for ingress and egress from the License Area. The halls, passages, exits, entrances, elevators, stairways, balconies and roof are not for the use of the general public and the Licensor shall in all cases retain the right to control and prevent access thereto by all persons whose presence in the judgment of the Licensor shall be prejudicial to the safety, character, reputation and interests of the Building and its Licensees. No Licensee and no employees, invitees or licensees of any Licensee shall enter the mechanical rooms, electrical closets, janitorial closets, or similar area or go upon the roof of the Building without the prior written consent of the Licensor. 3. The Licensor shall designate appropriate entrances and a "freight" elevator for deliveries or other movement to or from the License Area of equipment, materials, supplies, furniture and other bulky or heavy articles,and Licensee shall not use any other entrances or elevators for such purposes. The freight elevator shall be available for use by Licensees in the building, subject to such reasonable scheduling as Licensor in its discretion shall deem appropriate. All means or methods used to move equipment, materials, supplies, furniture or other property in or out of the Building must be approved by Licensor prior to any such movement. All floors must be properly protected including hallway, lobby and elevator carpet. Licensor will not be responsible for loss of or damage to any property during movement into or out of the Building or License Area, and all damage to the Building during the course of moving any article of Licensee's property shall be repaired at the expense of Licensee. Licensee shall move all freight, supplies, furniture, fixtures and other personal property only at such times as may be designated by Licensor. 4. Licensee shall not alter any lock or install any new or additional locks or any bolts on any door of the License Area without the prior written consent of Licensor. Licensee may install its own keycard security system for the License Area. The restrooms and the fixtures and equipment contained therein shall not be used for any purpose other 5. T than that for which they were constructed. Restroom fixtures shall not be used for the disposal of foreign substances (e.g. coffee grounds) and the expense of any breakage, stoppage or damage resulting from violation of this rule shall be borne by the responsible Licensee. 6. Except with the prior written consent of Licensor,no person other than those employed by Licensor shall be permitted to enter the Building for the purpose of cleaning the same or providing janitorial services. Licensee shall exercise due care to preserve the good order and cleanliness of the License Area. 7. Licensee shall not permit the License Area to be occupied or used in a manner offensive or objectionable to the other occupants of the building, persons having business therein, or the occupants of neighboring buildings. Specifically, Licensees shall not use, keep or permit to be used or kept any noxious gas or odorous substance in the License Area. Licensee shall not allow any animals of any kind to be brought into or kept in or about the License Area of the Building. Licensee shall not make or permit to be made any loud or disturbing noises, whether by any musical instrument, radio, phonograph, appliance, or in 7 any other way. Licensee shall not install any radio or television antenna, loudspeaker,or other device on the roof or exterior walls or windows of the Building,except as provided in the Lease. 8. Licensees shall not use or keep in the License Area or the Building any kerosene, gasoline, combustible fluid,toxic chemical,radioactive substance or other dangerous material. 9. Licensee shall not disturb, solicit, or canvass any occupant of the building and shall cooperate to prevent same. 10. All keys to offices, cabinets, rooms and restrooms shall be obtained from Licensor's building management office. Licensee shall not duplicate keys or have keys made. Licensee, upon termination of the License Agreement, shall deliver to the Licensor all keys which shall have been furnished to Licensee by the Licensor. In the event that Licensee or Licensee's employees or visitors lose a key, opened by such Licensee shall pay Licensor the cost of replacing same or of changing the lock or locks op y PY p lost key if Licensor deems it necessary to make such change. 11. Before leaving the Building, Licensee and Licensee's employees shall see that the doors of the License Area are closed and securely locked. Licensee shall indemnify the Licensor and other Licensees for any injuries sustained by any of them as a result of any violation of this rule. 12. Licensor reserves the right to exclude or expel from the Building any person who, in the judgment of Licensor, is intoxicated or under the influence of liquor or drugs,or who shall in any manner do any act in violation of any of the Rules and Regulations of the Building. 13. The requirements of Licensee will be attended to only upon application at the Building management office. Employees of Licensor shall not perform any work or do anything outside of their regular duties unless under special instructions from the Licensor, and no employee will admit any person(Licensee or otherwise)to the License Area without specific instruction from the Licensor. 14. Licensor shall have the right, exercisable without notice and without liability to Licensee, to change the name and street address of the Building of which the License Area are a part. 15. Licensee agrees to comply with all fire and security regulations that may be issued from time to time by Licensor. Licensee shall also provide Licensor with the name of a designated responsible employee to represent Licensee in all matters pertaining to fire,security and maintenance regulations. 16. Licensee shall not utilize electrical extension cords unless such cords are equipped with a built in circuit breaker. 17. No curtains, draperies, blinds, shutters, shades, screens or other coverings, hanging or decorations shall be attached to, hung or placed in, or used in connection with any window of the Building without the prior written consent of Licensor. Such window coverings as the Licensor does approve shall be installed on the office side of Licensor's standard window covering and shall in no way be visible from the exterior of the Building. 18. Except with the prior written consent of Licensor, Licensee shall not sell any retail merchandise in or on the License Area. 19. Licensee shall store all its trash and garbage within its License Area. No material shall be placed in the hallways or left for disposal by the Licensor's janitorial services All garbage and refuse disposal shall be 8 made only through entryways and elevators provided for such purposes and at such times as Licensor shall designate. 20. Licensee shall not obstruct, alter or in any way impair the efficient operation of Licensor's heating, ventilating,electrical, fire, safety or lighting systems(including fire escapes),nor shall Licensee tamper with or change the setting of any thennostat or temperature control valves in the Building. 21. Licensor reserves the right to rescind,alter or waive,by written notice to Licensee, any rule or regulation prescribed for the Building when, in Licensor's judgement, it is necessary, desirable or proper to take such action in the best interest of the Building and its Licensees. The waiver of a rule or regulation for the benefit of a particular Licensee or Licensees shall not be construed as a waiver of such rule or regulation in favor of any other Licensee or Licensees,nor shall any such waiver prevent Licensor from thereafter enforcing the rules or regulation in question against any or all Licensees of the building. 22. These Rules and Regulations supplement and shall not be construed to modify or amend the provisions of the License Agreement or other agreement between Licensor and Licensee. In the event of any conflict between these Rules and Regulations and the License Agreement and any agreement executed by Licensor and Licensee,the Licens e Agreement shall prevail. 23. Smoking of any kind, including e-cigarettes, is prohibited throughout the entire Building and within thirty(30)feet of exterior Building entryways. 24. Licensee shall provide Licensor with an advance e-mail list of employee names who are authorized to add, delete or modify access rights to the Premises and License Area ("Access Change Right"), The Access Change Right individual will provide Licensor with an advance e-mail list of employees authorized for access to the Premises and License Area ("Authorized Access"). Licensee shall not provide escorted access to any individual who is not on the Authorized Access list. 9 CERTIFICATE OF COVERAGE Agent This certificate is issued as a matter of information only DIRECT and confers no rights upon the certificate holder other than those provided in the coverage document. This I(� certificate does not amend,extend or alter the coverage afforded by the coverage documents listed herein. citycounty insurance services Named Member or Participant Companies Affording Coverage City of Ashland COMPANY A-CIS 20 East Main Street COMPANY B-National Union Fire Insurance Company of Pitts,PA COMPANY C-RSUI Indemnity Ashland,OR 97520 LINES OF COVERAGE This is to certify that coverage documents listed herein have been issued to the Named Member herein for the Coverage period indicated. Notwithstanding any requirement,term or condition of any contract or other document with respect to which the certificate may be issued or may pertain,the coverage afforded by the coverage documents listed herein is subject to all the terms,conditions and exclusions of such coverage documents. Type of Coverage Company Certificate Effective Termination Date Coverage Limit Letter Number Date General Liability A 18LASH 7/1/2018 7/1/2019 General Aggregate: $15,000,000 X Commercial General Liability Each Occurrence: $5,000,000 X Public Officials Liability X Employment Practices X Occurrence Auto Liability A 18LASH 7/1/2018 7/1/2019 General Aggregate: None X Scheduled Autos Each Occurrence: $5,000,000 X Hired Autos • X Non-Owned Autos Auto Physical Damage A 18APDASH 7/1/2018 7/1/2019 X Scheduled Autos X Hired Autos X Non-Owned Autos X Property A 18PASH 7/1/2018 7/1/2019 Per Filed Values X Boiler and Machinery A 18BASH 7/1/2018 7/1/2019 Per Filed Values Excess Liability X Excess Crime B 18ECASH 7/1/2018 7/1/2019 Per Loss: $1,000,000 X Excess Earthquake C 18EQASH 7/1/2018 7/1/2019 Each Occurrence: $10,000,000 X Excess Flood C 18FASH 7/1/2018 7/1/2019 Each Occurrence: $10,000,000 Difference in Conditions X Excess Cyber Liability A 18ECLASH 7/1/2018 7/1/2019 Occurrence/Aggregate: $950,000 Workers'Compensation Description: Certificate Holder and its officers,employees,and agents are additional members(insured)in respects to the Right of Entry and License Agreement between the City of Ashland and Portland NAP dated December 2018,subject to the conditions and terms of the CIS coverage agreement. Certificate Holder: CANCELLATION:Should any of the coverage documents herein be cancelled before the expiration date thereof,CIS will provide 30 days written notice to the certificate holder named herein,but failure to mail such Portland NAP notice shall impose no obligation or liability of any kind upon CIS,its agents or representatives,or the issuer 921 SW Washington,Suite 100 of this certificate. Portland,OR 97205 By. 4A-1 - / ' '414Ø „_,. Date: December 11,2018 • Pir41 CITY Purchase Order Fiscal Year 2019 Page: 1 of: 1 _ €mod` T9P_P__ B City of Ashland I ATTN: Accounts Payable Purchase L 20 E.L Ashland,IOR 97520 Order# 20190315 T Phone: 541/552-2010 O Email: payable @ashland.or.us V PORTLAND NAP H C/O Ashland Fiber Network N 921 SW WASHINGTON STREET I 90 North Mountain Ave D SUITE 100 p Ashland, OR 97520 O PORTLAND, OR 97205 Phone: 541/552-2222 O Fax: 541/552-2436 rdQ E�=N a sq sifrsr� mn= _� `_ f--ice �oead�rP-hun�lvmher --- _ -- - — - — _ Donald Kewley �--r7n 11a = atea�i*+ = 6a��—»�®k =—_.__Donal - aifi�Jcatrnn' 12/19/2018 4259 FOB ASHLAND,OR/NET30 City Accounts Payable NAM —=-T- _ — _ __ Annual fee for Pittock access 1 Annual agreement and fee for access to Portland Pittock to 1 $5,100.0000 $5,100.00 manage Internet bandwidth contracts (transit&transport) with Cogent Communications and LS Networks. Right of Entry and License Agreement Term: December 17, 2018 to December 16, 2019 Project Account: E-000650-999 GL SUMMARY 024700 -605700 $5,100.00 By Date: 17, 1 I e A14t orized Si ature 1a- orla =-_ $5,100.00 , / l 'FORM #3 CITY OF �<. ":77t ASHLAND . }.., . � ir I) ( 9 REQUISITION Date of request: 12/12/2018 Vendor Name Portland NAP(Pittock Building) Address,City,State,Zip 921 SWWashington.Suite 100,Portland,OR Contact Name Tom Bechtell • Telephone Number 503-226-6777 • Email address bechtell@pittock.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency - ❑ Invitation to Bid ❑ Reason for exemption: Date approved by Council: ❑ Farm#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached _ (If council approval required,attach copy of CC) . ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award , copy of council communication) Contract# El VerbalWritte quote(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington Intermediate Procurement Date approved by Council: Contract# GOODS&SERVICES (Attach copy of council communication) ❑ Other government agency contract Greater than$5,000 and less than$100,000' IN Sole Source - - Agency ❑ (3)Written quotes and solicitation attached ©Applicable Form(#5,6,7 or B) Contract# PERSONAL SERVICES ❑Written quote or proposal attached Form Intergovernmental Agreement • Greater than$5,000 and less than$75,000 ❑ Form#4, Personal Services>$5K&<$75K Agency ❑Direct appointment not to exceed$35,000 9P 0 Annual cost to City does not exceed$25,000. ❑ �Speciarocurement 0(3)Written proposals/written solicitation Agreement approved by Legal and approved/signed by ❑ Form#9,Request for Approval ❑Form#4,Personal Services>$5K&<$75K ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) Date approved by Council: ❑Annual cost to City exceeds$25,000,Council • Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Building access for the Pittock located at 921 SW Washington,Suite 100 Portland Oregon as needed to can gain access to the services outlined in the Internet Bandwidth(Transit&Transport) contracts that were awarded to Cogent Communications an LS Networks on 11/1/2018 $ 5,100.00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost • ❑ Per attached quote/proposal - TOTAL.COST• Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately Project Number 000650 •_ _ _ Account Number 024700 - 605700 $ 5 1 0 0 00 Project Number _ _ _ Account Number - $ , . Project Number •_ _ _ Account Number IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition f, I . /I e Cry's p bfic contracting requirements have been satisfied. • . IT Director Date Support-Yes/No Employee: Y _v I I. A �� "aliment Head: S-. �4.t (Equal to or greater than$5,000 Department Manager/Supervisor: fate,,_,,....r City Administ : g $5,000) _ (Equal to or greater than$25,000) Funds appropriated for current fiscal year: it I t'3 1 I g nance Dire (Equal to or greater than$5,000) Date Comments: Form#3-Requisition CITY OF FORM #7 ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS Ciao afS eglitIMAIME•SERVICES To: Mark Welch From: Donald Kewley, Ashland Fiber network Date: December 12, 2018 Re: Sole Source Determination and Written Findings for Personal 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 total value of License Agreement: $5,100/year Project name: Internet Bandwidth—Pittock Portland NAP (Pittock) right of entry, collocation services, one-third of one cabinet(Suite 600), cross-connects and tie cables as needed Background: Collation at the Portland Nap (Pittock) building located at 921 SW Washington, Suite 100 Portland Oregon is needed so the Ashland Fiber Network can gain entry and access the services outlined in the Internet Bandwidth (Transit& Transport) contracts that were awarded to Cogent Communications and LS Networks on November 1, 2018. Findings: [The findin.-s below must include factual information supporting the determination]. Market Research Overall finding: The Pittock in Portland Oregon is the only diverse location the Ashland Fiber Network can gain access to the contracted Internet Bandwidth (Transit& Transport) with Cogent Communications and LS Networks. Form#7-Sole Source-Personal Services—Less than$75.000.Page 1 of 2, 12/12/2018 [In accordance with ORS 279B.075, these are the examples offindings that should be addressed. Select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured. More than one finding can be addressed. The findings are as follows.] Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. n/a Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. n/a 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. n/a Form#7-Sole Source-Personal Services—Less than$75,000,Page 2 of 2,1211212018 Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the document through the drafting, review,and signature processes,and will be kept with the City's final executed copy of the document. Required fields are indicated in gray scale. Document: RIGHT OF ENTRY AND LICENSE AGREEMENT WITH PORTLAND NAP(PITTOCK BLOCK BUILDING) (Include names of parties to the document) Type of Document: Contract ❑ Lease ❑ Easement ❑ Deed ❑ IGA ❑ Other(Specify) ENTRY AGREEMENT Dept Contact: DONKEWLEY ACTION REQUESTED: Dept:IT(AFN) Phone: Ext U Review Draft Date submitted to Legal: I2-1I-I8 ❑ Approve final and forward to: Draft due by: ASAP (Unless indicated,Legal will return document to you) Return Requested by: ASAP Complete this section ONLY the first time this form is filled out: Has this document been previously worked on by the Legal Dept Staff? 8 No ❑ Yes If yes,by whom? LEGAL DEPT First Date Received by Legal Date: ' -//- /g By: XLrs USE ONLY Returned to Dept. for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for Additional Review by Legal Date: By: Returned to Dept for Revision Date: By: Final Logged out by Legal Date: J 2-//—/ By:/,/,. Comments from LEGAL to DEPARTMENT: Comments from DEPARTMENT to LEGAL: ❑ See Attached. Return original executed document to City Does this document need to be recorded? Recorder for safekeeping? ❑ No Yes D No ❑ Yes CITY ADMINISTRATOR I DEPARTMENT HEAD Please do not sign the attached document until this for7Xas been,apyrred by the Legal Dept below: FINAL LEGAL DEPARTMENT APPROVAL: t-- Date: ,d,: --//-/F