HomeMy WebLinkAbout2023-024 PO 20230277- Portland Nap prim Purchase Order
CITY RECORDER
,Mil Fiscal Year 2023' Page: 1 of: 1
B City of Ashland
ATTN: Accounts Payable —
L20 E. Main Purchase 0230277
Ashland, OR 97520 Order# 2 L L L
T Phone: 541/552-2010
0 Email: payable@ashland.or.us
V PORTLAND NAP H C/O Ashland Fiber Network
E 921 SW WASHINGTON STREET 1 90 North Mountain Ave
N SUITE 100 p Ashland, OR 97520
PORTLAND, OR 97205 Phone: 541/552-2222
R Email:.KRIS@PITTOCK.COM O Fax: 541/552-2436
Chad Sob ka
a f TTa s}= �R-giu ; E _ $e�t 6.t_ — —f`e;a-_
03/28/2023 4259 _ FOB ASHLAND OR/NET30 •City Accounts Payable
:
Colocation Fiber Services
1 Colocation and Fiber Services • 4.0 MO $1,425.00 $5,700.00
04/01/2023-06/30/2023 •
Project Account:
2 07/01/2023-06/30/2024 12.0 MO $0.01 $0.12
$1,448.75/Month
Project Account: •
3 07/01/2024-06/30/2025 12.0 MO $0.01 $0.12
$1,521.1875/Month
Project Account:
4 07/01/2025-02/28/2026 8.0 MO • $0.01 $0.08
$1,571.0625/Month
Building access for the Pittock located at 921 SW Washington,
Portland, Oregon as needed to gain access to the services
outlined in Internet Bandwidth contracts.
Pittock Block
Amendment to Right of Entry and License Agreement
Effective date: 03/01/2023 (3-Year Term)
Project Account:
***************GL SUMMARY***************
024700-601400 $5,700.32
ll& i ;r----.N.7.-- ------,. ----:
rii
By: m �I Date: , y�� -
uthirized Signature 4-.10_lg. #:1E.- -7,------_--_: $5 700.32
•
FORM #3 r/e' CITY OF {
� 2'D ASHLAN ;1
Aic,o�t.�e5t.tora Purchase Order
Mar 20.2023 '! j
REQUISITION , " '9 'd? 7 Dateof ireddatef
Required date for delivery: •
Vendor Name Pittock Block,LLC
. Address,City,State,Zip 921 SW Washington Sl,Portland OR 97205
Contact Name&Telephone Number Kevin Neely,503-226-6777
Email address
kneely@1547reatly,com
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency •
❑ Reason for exemption: 0 Invitation to Bid ❑ Form#13,Written findings and Authorization •
❑ AMC 2.50 Date approved by Council: 0 Written quote or proposal attached
❑ Written quote or proposal attached _(Attach copy of council communication) _(If council approval required,attach copy of CC)
O Small Procurement . 0 Request for Proposal • Cooperative Procurement ' .
Not exceeding$5,000 Date approved by Council: 0 State of Oregon
❑ Direct Award _(Attach copy of council communication) Contract tl_ , _ .
' ❑ VerbalAtillen bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) 0 State of Washington .
• Date approved by Council: Contract#
' _(Attach copy of council communication) 0 Other government agency contract .
Intermediate Procurement E Sole Source Agency
GOODS&SERVICES E Applicable Form(#5,6,7 or 8) - - Contract#
Greater than$5,000 and less than$100,000 E Written quote or proposal attached Intergovernmental Agreement
❑ (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$751< Agency
PERSONAL SERVICES 0 Special Procurement ❑ Annual cost to City does not exceed$25,000. -
Greater than$5,000 and less than$75,000 0'Form#9,Request for Approval Agreement approved by Legal and approved/signed by
❑ Less than$35,000,by direct appointment • •0 Written quote or proposal attached • City Administrator.AMC 2.50.070(4) .
❑ (3)Written proposals&solicitation attached Date approved by Council:; 0 Annual cost to City exceeds$25,000,Council
0 Form t14,Personal Services$5K to$75K 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,Portland,Oregon as needed to gain '
access'to the services outlined in the Internet Bandwidth contracts. Total cost is$53,907.75 over •
three years.
Item# Quantity Unit Description of MATERIALS Unit Price Total Cost
1 4 Month Colocation and fiber services 4/1/2023—6/30/2023 $1,425.00 ' $5,700.00
2 12 Month Colocation and fiber services 7/1/2023—6/30/2024 . $1,448.75 $1.7,38.5
3 12 Month Colocation and fiber serviced 7/1/2024—6/30/2025 $1,521.1875 $18,254.25
4 8 Month Colocation and fiber services 7/1/2025—2/28/2026 $1,571.0625 $12,568.50
O Per attached quotelproposal TOTAL COST
- $53,907.75- '
. Project Number Account Number 024700.601400 ' - II
Account Number - Account Number -
• i
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual exp ditures. 0
IT Director In collaboration with department to approve all hardware and software purchases: j
IT D c/or Date. upport-Yes/No
By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. 1 S
Employee: a / Department Head: \J✓ •t
��rf . Dual to or great-TV--
00)
Department ManageriSupervisor: l .....�!/,r, City Manager: �v _
(Equal to or root r than$25,000)
Funds appropriated for current fiscal year:: r L '/ 3
Finance Director-(Equal to orgreaterthan$5,000). al
. Comments: •
•
Form in-Requisition •
•
• CITY OF
FORM #7• ASH LAN D
•
'.rCal S 3101 C a. DE DIU i A [0 ` oo f S- :s a DI G a I
OEINIIIMIMEMMEWO
•
es than $il5,010,0
To: Joe Lessard, City Manager • .
From: Chad Sobotka,Ashland Fiber Network
Date: March 20; 2023
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 contract: $53,907.72
Project name: Internet Bandwidth—Pittock Block,LLC
- r
Description of project: This contract will allow the Ashland Fiber Network to continue to host a
• network switch in Portland. This includes fiber cross-connects which allows us to connect to
other hosting providers located in Portland.
Background: •
Colocation at the Pittock building is needed so the Ashland Fiber Network can gain entry and
access the services in the Internet Bandwidth contracts.
Having a presence in Portland allows the Ashland Fiber Network to obtain internet bandwidth at
a greatly reduced rate compared to what is available in Ashland.
•
•
Form#7-Sole Source-Personal Services—Less than$75,000,Page 1 of 2,3/2012023 •
1
•
Findings: •
[The findings below must include factualinformation supporting the determination].
Market Research Overall finding: The Pittock is the only location in Portland where we can
. cross-connect to LS Networks. LS Networks provides us with one 10 gigabit internet circuit and
two 10 gigabit wavelength transport circuits.
The cost of Internet bandwidth is less expensive in Portland compared to Ashland. •
[In 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 deterr;zination 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 findingstl"iat 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 2,3/20/2023
DocuSign Envelope.ID:A463C3DB-BDC2-4F39-A239-DE77A5BD5COF
Account Name: City of Ashland
fif�e�nfortysev�r� SO#: • Q-02305
CRITICAL SYSTEMS REALTY SO Date: 3/23/2023
• Initial Contract Term: 3 Years •
Building Location: Portland,OR USA
. 1
1547 CSR— Pittock Block, LLC
Service Order
•
Contact Name Chad Sobotka
Account Manager Kevin Neely Contact Email chad.sobotka@ashland.or.us
Phone (503)226-6777 Contact Phone 541-552-2222
Address 921 SW Washington St,Portland Bill To City of Ashland
Portland OR 97205 20 East Main Street •
Ashland,Oregon 97520
United States
•
•
Monthly Recurring Charges
QTY DESCRIPTION PRODUCT DESCRIPTION SALES PRICE
4.00 MRC-Fiber Cross Connect ' MRC-Fiber Cross Connect-(1)Fiber Pair Handoff USD 700.00
•
1.00 MRC-1/3.Cabinet MRC=1/3 Cabinet-12 RU USD 200.00
1.00 MRC-20 AMP 120v A&B MRC-20 AMP 120v Primary&Secondary USD 525.00
Monthly Recurring Charges TOTAL: USD 1,425.00•
TOTAL: USD 1,425.00
Local State&Local Sales Tax will be added to the totals.
Notes:
The effective date of this renewal service order is 3/1/23
Terms&Conditions:
This Service Order shall be binding as of the latter dated signature below. The term of this Service
Order, as set forth above in the "Service Details" section (the term), shall commence on the date the
Customer's ordered services are available for use by the Customer (the "Service Commencement
Date). .
•
This Service Order is made subject to the terms and conditions of the Right of Entry.and •
License agreement between Customer and 1547 CSR— Pittock Block, LLC. Notwithstanding anything
to the contrary in the agreement between the parties, during the Term, all service fees identified
above shall increase on each 12-month anniversary of the Service Commencement Date in an
amount of 5 percent. Such increase shall be automatically invoiced to Customer upon each 12-month
anniversary of the Service Commencement Date.
City of Ashland - • •
Page 1 of 2
DocuSign Envelope ID:A463C3DB-BDC2-4F39-A239-DE77A5BD5COF
• I
' I
Signature: ,of Effective Date: 3 / T / 23
(Print): J a e(! �5 ~
Name Print : Y� �•-•L . Title: G+►� /lot/Ile r
1547 CSR—Pittock
Block,LLC DocuSlgnedby:
Croli
gild/sofa3/27/2023 •
Signature: 24BDOC74cece4O7... Effective Date:
Todd Raymond •
Manager
Name(Print): Title:
•
0DS
;
THANK YOU FOR YOUR BUSINESS!
• Internal Use Only:
RF:false •
Contract Supersedes Existing Contract:true
Service Order Approval:
• i
Page2of2
DocuSign Envelope ID:A463C3DB-BDC2-4F39-A239-DE77A5BD5COF
• AMENDMENT TO
RIGHT OF ENTRY AND LICENSE AGREEMENT
•
This Amendment to Right of Entry and License Agreement (this "Amendment") is made as of
March 23rd, 2023 (the"Effective Date"), by and between 1547 CSR— PITTOCK BLOCK LLC, a Delaware
limited liability company ("Licensor") and.CITY OF ASHLAND ("Licensee").
RECITALS
A. Licensor and Licensee entered into that certain Right of Entry and License Agreement
dated as of March 11th, 2020, whereby Licensor, granted Licensee a non-exclusive license to use and
• occupy the License Area in that certain building owned by Licensor and commonly known as Pittock
Block at 921 SW Washington, Portland Oregon 97205.(the "Building"), for the purpose of providing
communications services.All capitalized terms used herein and,not otherwise defined in this Amendment
shall have the same meanings given to them in the License Agreement.
•
B. Licensor and Licensee desire to, among other things, modify the manner in which the
License Agreement provides for services by Licensor and payments by Licensee,'in accordance with the
provisions of this Amendment.
•
AGREEMENT
In consideration of the mutual covenants and conditions contained herein and for other good
and valuable consideration, Licensor and Licensee agree as follows: .
1. Amendment of License Agreement.
•
A. Service Orders. After the Effective Date, "Service Orders" and/or "CCF Standards,
Guidelines and Costs", as the case may be, under the License Agreement, as relates to the manner in
which services are provided by Licensor to Licensee and/or in which payments are made by Licensee to
Licensor for such services, shall be solely determined by the provisions of this Section. Licensor shall
• offer certain services to Licensee ("Services"), including, but not limited to, use of the License Area and
providing tie cables and cross connects from the License Area to Licensor's central network
interconnection point within the Building. Licensor shall offer Services to Licensee pursuant to written
service orders, which shall itemize available Services and provide any terms, conditions, pricing,
charges, costs, and fees for such Services ("Service Orders"). Upon reasonable written notice given to
• Licensee, Licensor may change any of the terms of the then-prevailing Service Order, including pricing
for Services, as dictated by prevailing market rates or other economic factors, in Licensor's reasonable
discretion. Licensee shall purchase Services from Licensor pursuant to the terms of the then-prevailing
Service Orders. Payment for Services (each a "Services Payment") shall be made in advance on or -
before the first day of each calendar month during the Term. After such Services Payment has been
made by Licensee, Licensor shall provide such purchased Services to Licensee. Services shall be
cancelled pursuant to written cancellation orders ("Cancellation Orders"), which shall provide 'a '
requested stop date for Services of not less than thirty (30) days from the date of transmittal. Any
Service Order or Cancellation Order shall be transmitted to Licensor by e-mail at suoport(alpittock.com
. In the event of any conflict between the terms of the License Agreement and theterms of this
Amendment as relates to"Service Orders"and/or"CCF Standards, Guidelines and Costs", including any
Dollar amounts stated in the License Agreement, the terms of this Amendment shall control.
B. Non-Recurring Fee and Monthly Payments. After the Effective Date, any"non-recurring
fee" and/or"Monthly Payment", as the case may be, under the License Agreement, as relates to non-
recurring payments or monthly recurring payments by Licensee to Licensor of fixed Dollar amounts,
shall be solely determined by Service Orders pursuant to the provisions of this Section and Section 1(A)
of this Amendment. Any such non-recurring fee or Monthly Payment, as applicable,shall be itemized in
the then-prevailing Service Order. Payment of any non-recurring fee or Monthly Payment, as set forth
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DocuSign Envelope ID:A463C3DB-BDC2-4F39-A239-DE77A5BD5COF
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in the then-prevailing Service Order,shall be deemed a Services Payment and made in the same manner
as other Services Payments. In the event of any conflict between the terms of the License Agreement
and the terms of this Amendment as relates to"non-recurring fee"or"Monthly Payment", including any
Dollar amounts stated in the License Agreement, the tgrms of this Amendment shall control.
C. Interest. Should Licensee fail to pay any Services Payment, including any non-recurring
fee or Monthly Payment, within ten (10) days of when the same is due and payable, any such unpaid
amounts shall bear interest at the rate of eighteen percent (18%) per annum, or otherwise the highest
rate allowed by law, beginning when the same was due until fully repaid.
D. Term. Upon the Effective Date of 3/1/23, the term of the License Agreement ("Term")
shall automatically renew for a three (3) year period,which Term shall commence on the Effective Date,
and expire on the date that is three (3)years after the Effective Date("Expiration Date").Thereafter,the
term shall automatically renew, as of the Expiration Date of each prior Term,for additional fixed periods
of one (1)year, unless either party provides written notice to the other that the Term shall not so renew,
which notice shall be given no less than ninety (90) days prior to the then-scheduled Expiration Date.
Upon the expiration or termination of the License Agreement, (i) the License Agreement shall terminate •
and be of no further force or effect, (ii) Licensor shall have the absolute right to immediately cease any
and all Services to Licensee, and (iii) Licensee shall have no right to use or enter the Building for any
purpose whatsoever. •
E. Surrender of License Area; Holdovers. Licensee, upon the expiration or termination of
the License Agreement, agrees to peaceably surrender the License Area to Licensor, in broom-clean
condition and in good repair, ordinary use and wear excepted. Licensee agrees that if Licensee,fails to
surrender possession of the License Area as required upon the date of expiration or termination of the
License Agreement, then Licensee shall pay to Licensor, as liquidated damages, a sum equal to two
hundred percent (200%) of the Monthly Payment for all the'time Licensee shall so retain possession of
the License Area or any part thereof (the "Holdover Fee"); provided, however, that Licensee shall be
deemed a holdover licensee and the exercise of Licensor's rights under this Section shall not be
interpreted as a grant of permission to Licensee to continue in possession. Licensor shall not be obligated
to provide Services to Licensee in the event of a holdover. The obligations under this Section shall
survive the expiration or termination of the License Agreement. Licensor's acceptance of the.Holdover
Fee shall not preclude Licensor from exercising any of its available remedies, without liability for
damages, including Licensor's right to enter upon and take possession of the License Area and remove
any persons or property by self-help means in a lawful and peaceable manner. Licensee further agrees
to waive any statutory right to hold over to the fullest extent permitted by the law.
2. General Provisions.
A. Full Force and Effect; Conflict. Except as amended by this Amendment, the License•
Agreement as modified herein remains in full force and effect and is hereby ratified by Licensor and
Licensee. In the event of any conflict between the License Agreement and this Amendment, the terms
and conditions of this Amendment shall control.
B. Successors and Assigns.This Amendment shall be binding upon and inure to the benefit
of the parties hereto and their heirs, personal representatives, successors and assigns. •
•
C. Entire Aclreement. The License Agreement, as amended by this Amendment, contains
the entire agreement of Licensor and Licensee with respect to the subject matter hereof, and may not
•
be amended or modified except by an instrument executed in writing by Licensor and Licensee.
D. Counterparts. This Amendment may be executed in any number of counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
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DocuSign Envelope ID:A463C3DB-BDC2-4F39-A239-DE77A5BD5COF
instrument, and may be executed by facsimile and/or.pdf signatures which shall be binding as originals
on the parties hereto.
E. Attorneys' Fees. In the event of litigation arising out of or in connection with this
Amendment, the prevailing party shall be awarded reasonable attorneys'fees, costs and expenses.
F. Governing Law. This Amendment shall.be governed by and construed in accordance
with the laws of the State of Oregon.
[Signature Page Follows.]
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DocuSign Er elope ID:A463C3DB-BDC2-4F39-A239-DE77A5BD5COF
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IN WITNESS WHEREOF, Licensor and Licensee have executed this Amendment as of the date
first above written.
Licensor: 1547 CSR— PITTOCK BLOCK LLC, an Oregon limited
liability company
DocuSigned by:
[Tali R•tro.ota
By: 2AsoncucErsar
Manager •
• Title:
Licensee: (I7 or dial�C , an •
By: 7/.71,4412-1T
itle: o tat/idler
Ii
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Arpe r al As \-0
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A . c,� A4i.e„.,
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