HomeMy WebLinkAbout2020-071 PO 20200431- Portland NAP ' S r
Purchase Order` �� � 3
raftFiscal Year 2020 Page: 1 of: 1 •
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B City of Ashland == _
ATTN:Accounts Payable Purchase
20 E Main Order# 20200431
Ashland, OR 97520
T Phone: 541/552-2010
O Email: payable@ashland.or.us -
V PORTLAND NAP H CIO Ashland Fiber Network
E921 SW WASHINGTON STREET • I 90 North Mountain Ave
N SUITE 100 P Ashland,OR 97520
O PORTLAND, OR 97205 PhoTO Fax: 541/552-2436522 •
R Email: KRIS@PITTOCKCOM
_ II--..I_-L.t�el} :-Y- 1 Izlel.��___6 tl€n__z[t �{_I_l=Ic:'t�l'1l7C=t€:1TIr. -r= -'°` ,)I �•n�9_? .+"�L�—,_
Adam Hanks
ric=z�i,Ft'=-� _Ca� t t t =lit ha 1 Ih=t Iat:F . .
05/21/2020 I 4259 I FOB ASHLAND,OR!NET30 City Accounts Payable
----
— �.:i-1�iNi=lEt3j-i��li;3�.[0 -_---- -- - — �y—=LzGalt+l=�'� ,��st<;c.-��clex(ela' .Gf�
Annual fee for Pittock Access
1 Pittock building access to gain access to the services outlined in 1 $5,100.0000 $5,100.00
the Internet Bandwidth(Transit&Transport)contracts.
The Right of Entry and License Agreement
Term: March 1,2020 to February 28, 2021
Project Account: E-000650-999
***************GL SUMMARY***************
024700-605700 $5,100.00 •
I -
•
•
By: Date:
Authorized Signature llja -Z-A 5100.00
FORM#3 'o ) CiTY OF (
r/ AS ', LAND
A ma'p•lt:r;i:fin'c) r tld{ii's•1m. 5111144vJ
.REQUIISITION r "0. 6 (-9---/) l• -. �D tealrequest: 0511212020
. Required date for delivery:
Vendor Name •
PORTLAND NAP(Pittock Building) •
Address,City,State,Zip 921 SW Washington,Suite 100,Portland,OR j
Contact Name&Telephone Number Torn Bechteil,503,226.6777,bechtell@pittock.com i
Email address •
SOURCING METHOD
O Exempt from Competitive Bidding 0 Emergency
❑ Reason for exemption: ❑ JnvitaEton to Bid 0 Form 1113,Written findings and Authorization
O AMC 2,50 Dale approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached _(Attach copy of council communication) ._(If council approval required,attach copy of CC) .
❑ 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#
O VerballWritten bids)or proposals) DI 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 ■❑ Sole Source Agency
•
GOODS&SERVICES Q Applicable Form(115,6,7 or 0) Contract 11
Greater than$5,000 and less than$100,000 DI Written quote or proposal attached intergovernmental Agreement
❑ (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K Agency
PERSONAL SERVICES • 0 Special Procurement 0 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,bydirect appointmentCityAdministrator.AMC 2.50,070(4) 1
PPa 0 Written quote or proposal attached
0 (3)Written proposals&solicitation attached Date approved by Council: 0 Annual cost to City exceeds$25,000,Council
❑ Form 114,Personal Services$5K to$75K Valid until:_ _. _(Date) approval required.(Attach copy of council communication)
Description of SERVICES Total Cost .
I
Pittock Building access to gain access to the services outlined in the Internet Bandwidth(Transit&
Transport)contracts that were awarded to Cogent communications an LS Networks on 11101/18 $ 5,100,00
Item# Quantity Unit Description of MATERIALS Unit Price Total Cost
o Per attached tote/proposal _ TOTAi.COST
�45,1 00.00
' Project Numb -s 6 � ACCQ11Number o 2 47 0 0.s o a
Account Numbe _ __ 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: 1
Director Dale Support-Yes/No
{ By signing this requisition form,!certify that the City's public contracting requirements have been satisfied.
Employee: ytj ?jf� � Department Head:
to or greater than$5,000) !
Department Manager/Supervisor: City Administrator: ./�'%� ��
• (Equal to orgreateerthan$25,000) .
Funds appropriated for current fiscal year:CO NO ~I: t:� --� st L(�hU
f Finance D rector-(Equal to orgreaterlhan$5,000) Date
Comments: •
Form 113-RequislUon J
CITY OF
FORM#7 AS H LAN D
WHEIS,01iJ�RtCE DEWORAYINA�'TNANWN D1WOITwT4FNIIFiI'NOI'NM
G;IODDD &1SERCAi Esi
To: Adam Hanks
From: Mary McClary
Date: 05/12/2020
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: $7,500.00
Project name: Internet Bandwidth-Pittock
Description of project: Portland NAP (Pittock)right on 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, Suite100
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.
•
Form#7-Sole Source-Personal Services—Less than$75,000,Page 1 of 2,5/12/2020
•
Findings:
Market Research Overall fording: 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.
[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
Farm#7-Sole Source-Personal Services—Less than$75,000,Page 2 of 2,5/12/2020
•
THIS RIGHT OF ENTRY AND LICENSE AGREEMENT'("Agreement")is made,this 11th day of. •
March,2020,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,
Portland,Oregon 97205("the Premises")and Licensor desires to grant a non-exclusive license in and to
the License Area(as defined below), •
•
•
• 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 Licenser desires to grant a non-exclusive license in add to the
License Area.(as defined below). •
WHEREAS,the Licensor has the unrestricted right t 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: •
•7
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
. Licenaor'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 crossconnect a,pittoek,com("Service Order"). Licensee
shall pay Licensor for eachcross connection in accordance with the Cross Connect
Schedule attached hereto as Exhibit A mid made apart of this Agreement. All start or
stop Service Order requests must be e-mailed thirty(30)days in advance of the
request4ed start or stop date.
2. Term. The term of this Agreement shall be one year,commencing on March 1,2020 and
terminating on February.28,2021 (the"Term"). Thereafter the Agreement shall continue on
a.yeat•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 March 01 •
commencement of each renewal term.
•
3. Payment. Commencing on March 1,2020,Licensee shall pay to Licensor,without notice or
demand and without any ser-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.
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 unreasonable withhold or delay
approval of the Plans;
ii. 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: ,
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/I20VAC primary circuit and one 6A/120VAC
redundant circuit supported by Licensor's UPS and generator systems,
5. Performance of Work.Licensee may contract or_subcontr.act any portion of the Work to be
pettormed pursuant of 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 Ara in good order,repair and condition throughout the Term and
any Renewal Term:
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 licenses space or the common areas of the Premises,or
any of Licensor's other licenses,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 o the License Area,
• twenty-four(24)hours a day,seven 97)days a week,three hundred and sixty-five(365)
days a year in order to allow Licensee to perforin installation,maintenance and repair
functions.All in accordance with Licensor's rules and regulations attached hereto as • . -
• Exhibit B and incorporated herein by the reference,which Licensor may modify from
time to tithe 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 coast and expense,remove its equipment form 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 Are or the Premises for Licensee,except as many described herein. Further Licensor
• shall 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
o such area at such times as determined 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 dr other similar law,and such petition is not mischarged
• within sixty 960)days of filing or(2)either party fails to comply with any provisions 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 a 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 occupancy,work at or useof 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 proceeding in consultation with Licensor through legal counsel reasonable
satisfactory to licensor.
12. Limitation of Liability. Licensee,for itself and is customers utilizing equipment in the
License Area,acknowledges that us of the license Area and selection and use of•equipment
therein are at is 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 is customer of 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 the •
Agreement.
•
13. Notices. Notification to either party pursuant this Agreement will be sufficient when
deposited tin the United States mail,first class mail,certified letter or return receipt
' requested,postage prepaid,or by overnight courier to the addresser 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 Bast 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 for the
name and address of the assignee under any suck 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 pet 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 requir3ed 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 any business
interruption,and there shall be no subrogated claim by one party's insurance carrier against
the other party aiising 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 government
authorities 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 of 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
reinaining provisions of this Agreement shall be unimpaired,and shall remain in effect and be
binding upon the•parties•
20, Waiver, The failure of either party to enforce or insist upon compliance with any of the terms
or conditions of the Agreement,the waiver of an 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 in frill force and effect until modified by the parties in wiring.
21, Paragraph Heading. Paragraph heading 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 parties hereto.
23. Final Agreement. This Agreement sets forth the entire understanding of the parties and •
supersedes and any all prior agreements, arrangements or understanding 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.
•
TN 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
411104
By ilVil
f
Tom Bechtell Kelly Madding
Manager City Administrator
EXHIBIT A
• • PITTOCK BLOCK
STANDARDCROSS CONNECT SCHEDULE
• From License Area to T-250 .
CROSS CONENECT TERM[NATION SPECIFICATIONS
• POTS --terminated into a RJ11 button jack using USOC configuration
• LADS--terminated hit oa RJ11 jack using USOC configuration
• 10/100Base TX--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
• DSI—terminated into a R145 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 a 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 onetime 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.
EXHIBIT B
•
RULES AND REGULATIONS • •
1. No sign,placard,picture,advertisement,name or notice shall be posted or affixed on or -
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 posited 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 judgement of the Licensor shall be prejudicial to the safety,character,reputation
and interests of the Bulding 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 fiom the License Area of equipment,materials, supplies,
furniture and other bulky or heavy articles,and Licensee shall not use nay other entrances
or elevators for such purpose. 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.
5. The restrooms and the fixtures and equipment contained therein shall not be used for any
purpose other 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.
K
•
•
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 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. Licenses 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,Licensee shall pay Licensor the
cost of replacing same or of changing the lock or locks opened by such 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
judgement 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.
•
J
•
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. Licensees shall also provide Licensor with the naive 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 form 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 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 thermostat or
temperature control valves in the Building.
•
21.Licensor reserves the right to rescind, alter or waive by written notice to Licensee, and
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 License
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.
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