HomeMy WebLinkAbout2004-159 Agrmt - Hunter CommunicationsJul-07-04 03:44P
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digital services
Post-it~* Fax Note 7671
I#of ·
Date ipages _
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Phone #
Fax #
P.01
Internet / Intranet Service Agreement
Vol.7.4.0
~,. SERVZCES ..........................................................
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~3.4 A~E~A"LE USE ~~ ........................................................................... . ......
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801 Enterprise Drive · Ste. 102 · Central Point, Oregon 97502
(541) 734-2800 · Fax (541) 772-4805 - www. coreds.net
Jul-07-04 03:44P
P.02
ore
digital services
Agreement between Core Digital Services (CoreDS) and Customer named below for CoreDS'
("Data Services'~ on CoreDS's telecommunications system through its fiber optic network (the
"network" or "system'S.
Customer Name: City of Ashland (P.D.)
Key Billing Contact: Michael Bianca
Billing Address: 1155 E. Main, Ashland, OR, 97520
Ernail Address: Michael@ashland.or.us
Premises Address (if different): Ashland P.D. to Medford P.D. Radio Connection.
Fiber connection to be terminated in the Radio room at the Annex.
Service Address (if different):
Branch Address (if different):
801 Enterprise Drive · Ste. 102 · Central Point, Oregon.~J~ _
(541) 734-2800- Fax (541) 772-48:~)re~~ote~/~ ,,~_
Jul-07-04 03:44P
P - 03
1. Sm, vices. Customer shall purchase and Core Digital Services
(Corel)S) shall provide to customer:
1.t. Data Services. Data Services permit access by
customer to CoreDS' telecommunications system at the po~nl: of
delivery located ~ the Customer's premises described above.
po~ of delivery is that location where the network and Customer's
system are interconnected.
In addition, CoreDS will provide the equipment (collectively
referred to as 'CoreDS facilities") nec~ to connect ~s
facilities to the network.
2. Terms. This agreement will be effective upon the dat~
executed by CoreDS a~l shall continue for 36 months, unless
sooner terminated as provided in this agreement. In the event
agreement at least ~0 days prior to the termination ~ this
same te~ns and conditions except for the rate specif'~KI in section
effect, as published by CoreDS, at least 4,5 days pnor to
termination date.
Level of Sendce _ ~ Initial Date _
Point to point leased lines can be added for each branch Iocalxm
for which Customer agrees to at the costs ouUined below.
· Additional branch locations are to be billed at
$300/ea. monthly plus installations charges. With
IO/lOOMbps of internal co~n~, branch
locations will also have Internet service capped off
at the home sites limits agreed to above.
Number of Additional Branch.__.__ Initial ------ ~
3.~. Data Sefl4ce~ Rate. From the service start-up date,
Customer shal pay the rate specified above for each month of
service. If the service does not begin on the first day of a biffing
monU!, and all sums shall be paid wi~n 20 days a~er the date of
3.2. Installation Services Charge,, Customer shall pay
the Installation charge specified below for ~e installation services
provided by CoreDS which charges shall be due and payable u[x)n
onsite installation of the fiber terminating ha~ndware and therefore
establishing the due date of the installation charges and any
Prorat~ data services for the start-up period.
· Hardware and fiber installation: $350.00 one time
fee.
3.2.1. Uninterruptible Power Supply. Customer shall
provide a form of uninterruptible power for the fiber termination
hardware and any CoreDS facilities at the customers location, if
the customer does not provide a uninterruptible power source,
CoreDS will provide one for the price listed below.
· APC UninterrupUble Power Supply: $200.00 (one
needed for each location)
3.3. Late Payment, Deposit. Payments recen~ed after
the due date may be subjected to a charge of 11/~% per month on
the unpaid balance at the discretion of CoreDS. CoreDS may
require Customer to pay a deposit in advance: of ~he provision of
any service. CoreDS shall hold any such del,)sit in a non-interest
beadng account and used to satisfy (in whore or in part) any
obligatio~ of Customer under this agreement.
4. Service Levels. CoreDS will exercise reasonable efforts to
provide ]ntemet se~lce on a 24-hour-a-day, 7-day-per-week
basis. Customer understands and acknowledges that CoreOS does
not wmTant that its [nterrmt se~dce will be provided wiltmut
JntemJption. Customer also understands that the rates and speed
for this service is based on the utilization of burstable data
:~ m ~e uaflzed m ~drsts only arid not co~Unuously. CoreDS may
monitor customers' bandwidth utilization in order to ensure that
Customer's b-ansmisstons are wit~n burstable utilization rate
guideJines. ~ guidelines are subject to cl~ae at any time by
binding upon Customer upon written noboe to Customer by
In the event of a lnternet service outage deemed to be at the
CoreDS service level, CoreDS will have a technician investigating
the issue within 4 hours after receiving notEicaUon of the outage
from the Customer to the assigned sendce n~ber provided to
customer from time to time. With res~:t to a failure of
continuous inter~ which is not excused as provided in this
sectk~ or otherwise, which exceeds 24 consecutive hours in
duration, and of which CoreD~ receives writton notice within 48
hours of such failure or inte~uption, Cc~'eDS shall credit
Customer's account with respect to the alfe~ecl service by an
amount equal to one-thirtieth of the recurring monthly charge for
the ~ for each 2q-hour period during which the failure or
interrulXion conbnues. This credit shall be the sole and exclusive
remedy of Customer with respect to any interruption or failure of
the service.
No such credit shall be due, however, if the interruption is caused
by reasons beyond the reasonable control of CoreD$ Or for
reasons related to scheduled network maintenance.
5. Core I~ Fadllti~. Any CoreDS facilities installed on
Customers premises shall be and remain the pro~rty of Cord~
and may be repaired or replaced at any brae and removed at the
termination o~ service, and may be used to sup¢~y o~her customers
of CoreDS whether or not on the same premises. No rent or other
charge shall be made by Customer on CoreDS for placing or
CoreD$ Initiol~"~ Dote
Customer I nitiols,... _~?~_Dotj
/ ·
Jul-07-04 03:45P
P. 04
maintaining its facilities upon Customer's premises. CoreDS shall
be enUtted, at any tJme, to affix to CoreDS facfliUes a label
indicating the Interest of CoreOS.
5.1. Removal. Customer will use reasonable efforts to
ensure that CoreD$ faciliUes are not removed or caused to be
removed by any person, other than CoreDS or without CoreDS'
prior written consent.
S.2. Proper Ewvinmmeffc, Customer shall use
reasonable effo~ to keep the location of CoreDS' facilities in the
proof environment as specit'~cl by CoreDS.
5~1. Damage. Customer agrees to exercise due care and
caution to protect CoreDS' facilities from the weather, vandalism
and other potential problems. Customer shall be liable for any loss
or damage to CoreDS' fadlities at any location arising from
Customer's negligence, intentional act, unauthorized maintenance
or other cause within the reasonable control of Customer, its
employees or agents. In the event of any loss or damage to
CoreDS' facilities for which Customer Is liable, Customer shall
reimburse CoreDS for the lesser of the reasonable cost of repair or
the actual cost of replacement.
6. Righb ami Obligations of Customer.
6.~ Zm~Mlation. Customer shall at Its expense
undertake all reces_____cary, preparations required to comply w~th
CoreDS' installation and maintenance instructions. Such
preparations Jndude obtaining all necessary consents for the
installation and use of CoreDS facilities in the building, including
consents for necessary aReratlons to buildings; ensuring that any
floor loading limits will not be exceeded; providing suitable
ac~omnmd~ons, foundations and an environment to meet the
environmental specificaUons for CoreDS including all neoessary
power and any other utilities needed by CoreDS to install, test and
or maintain CoreDS' facilities; providing a suitable and safe
working en~ronment for CoreDS' personnel, inducing an
environment safe from environmental hazards; and taking up or
removing, in Ume to allow CoreDS to carry out i~allaUon as
scheduled, any fitted or fixed floor c~verings, ceiling tiles,
suspended ceilings and partition covers.
6.2. I~emlees AcceM. Customer shall provide CoreDS or
other persons authorized by CoreDS with access (on both a routine
and emergency basis) for the implementation of all service
acceptance date; Customer will provide CoreDS reasonable access
to the Customer premises where any Cz)reDS facilities are Installed,
CoreDS shall not be responsible for any faults on ~ network or
any failure to perform the provisions of this agreement to the
extent that CoreDS, in good faith, requires access, and any such
faults or failures or the continuation thereof are a result of the
failure of Customer to provide access to the place at each location
where CoreDS facilities are installed supporting the failing service
or connecUon.
(a) During implementation, CoreDS will
normally carry out work req~ed to Insta~ and/or rel~r CoreOS'
faoIJties during ils mai working hours let may, on reasonable
notice, require ac:ess at other times. At Customer's request,
CoreDS will cany out wod~ to install CoreDS' facilities outsKM
pay overtime and any other appropriate charges agreed between
the parUes.
(b) Any out~-pocket costs, reasonably
incurred by CoreDS, as a consequence of the denial of access by
Customer (or building owner) to any Iocatk)n shall be paid by
Customer. CoreDS sl~all advise Customer o~ any Such COSTS On a
6.3. Acceptable Use Policies. Customer shall comply
with CoreDS' acceptable use policies. The acceptable use policies
are subject to change at any time by CoreDS acting in its sole
discretion, and all such changes shall be bending upon Customer
upon written notice to CuStomer by CoreDS.
6.3.1 Customer shall be responable for the use and
compatibility of equipment or software not I:N'ovlded by CoreOS.
In the event that Customer uses equipment or softw~e not
provided by CoreDS which impairs Customer's Data Services or the
network, Customer shall nonetheless be liable, for Payment for all
service, inciuding without limitaUon any software provided by
CoreDS. Upon notice from CoreDS that any equipment or software
not provided by CoreDS is causing or is likely to cause an hazard,
intL~fl~er~, or service obstruction, Customer shall imrnediately
eliminate the likelihood or hazard, interference, or service
obstruction and if Customer fails to do so, C~DS may take such
action as it deems required to eliminate such hazard, interference
or senace obstruction.
6_~.2 Customer will only connect to the network using
indusby standard equipment, which compiles; and is compaUble
with the ser~ce speclf'~cations set forth in .~pkcable technical
publications. Not~thstanding the undertaking of Customer in the
prior sentence, if, in CoreO5' reasonable oplnlon, the technical
integrity of the network or the service being provided over the
network to Customer or arty other third party is being jeopardized
or is ake~y to be Jeopard~ed as a result of the.* connection of any
Customer premises equipment to the network by OJstomer or by
any other activity for which O~tomer is responsible, CoreDS may
suspend the provision of the services to any connection so
affected. Following remedial action by Customer satisfactory
Corel)S, CoreDS will reinstate the service provided through that
connection as soon as possible.
· .3.3 CoreDS reserves the right to allow or refuse to allow
any make, model or sot~ware revision of customer-provided
ecUpment to be used as a gateway to any network access.
Customer will cooperate with CoreDS In setting the initial
configuration for its equipment's interface with the network.
63.4 CoreDS may from time to time issue technical
mstructlons on the use of the network to ,ensure the IX'of)er
functioning of the senaces or the protection of the network from
damage or deterioration. Customer will observe technical
instructions.
6.4. System Znte~dtlf. Customer to cure any violation
(other than failure to pay) of the provisions of this agreement
within 30 days notice by COreDS.
6.5. ComDS Equilmmnt Hoveme~. Customer is
oblga{ed to obtain vwitten approval from Corel)S prior to moving
any of CoreDS' equipment. Moving of equipment without
authorization may cause damages and/or an outage. A customer-
caused outage, due to the moving of equifx~t without written
authorizalXm, will be the sole reslx)nsJbility of the CuStonv_~. The
costs to repair any damages by CoreDS technicians shall be borne
by the customer. No deductions to billing will be made for
7. TawmtflM~m Either party may terminate this agreement for
cause, provided wdtten notice Is given the ott~.,r party speOfying
CoreD$ Initiols ~.'~. Dote ,~'~/~ ~
Customer Initials~_~/'//_~_Date'~'~7~//Z) ~/
/ ~
Jul-07-04 03:46P
P.05
the cause for termination and requesting correction within 10 days
for failure to pay a sum due, or within 30 days for any other
period. Cause is any material breach of the terms of this
agreement, including bhe failure to ~ any amount when due, the
filing of a petition in benknJptcy by or against Customer or
Customer's inability to meet obligations when due; or failure of
CoreDS. CoreDS will furnish copies of such policies upon request.
violates any provision of applicable accelXal~ use ix~ides; (b)
engages in any conduct or activity that CoreOS, in its sole
discretion, reasonably believes causes a ~isk that CoreDS may be
subjected to civil or criminal litigation, charges, or damages; or (C)
would cause CoreDS to be denied access or to lose services by
CoreD$' internet provider.
7.2. CeMaUon of A,:'__~___-, If CoreD$ ceases to provide
or denies Customer access to the network pursuant to this section,
nether Customer nor any of its customers shall have any right (a)
to access through CoreOS any materials stored on the Intemet, (b)
to obtain any credits otherwise due to Customer, and such credits
shall be forfeited, or (c) to access third party services,
merchandise or informaUon on the internet through ComDS.
CoreDS shall have no responsibility to notify any third-party
providers of sewic~s, merchandise or information of any
discontinuance of any sewices pursuant to this section, nor any
responsibility for any consequences resulting from lack of such
notification.
?J. Termirmtlo~ Fee. If CoreDS terminates this
agreement for cause, or if Customer terminates this agreement
without cause, Customer shall pay Cz)reDS a termination fee equal
to the lesser of (a) the remainim:j charges applicable through the
end of the scheduled term, or (b) six month charges,
& No Wirmntlel. To We extent permitted by applicable law,
CoreDS is providing the services and the system (inducing but net
limited to the CoceD$ facilities and any access to the network) as
is and with all faults, and hereby disclaims all other warranties,
if any, eil~er express, implied, statutory or othenNise wi~ respect
to any of the system and services provided or to be provided
under this agreement, including but not limited warranties of
lack of negligence or lack of workmanlike effort.
CoreDS makes no warranty: (a) of title, quiet enjoyment er lack of
infringement with respect to the system or services; (b) that the
system or services are "year 2000" compliant; and (c) that the
operation of the system or service will be uninterrupted or error
free.
9. Exclusion Of CertaJn DamMje~; Limitation Of Uability
And Remedy; Exclusive Remedy. To the maximum extent
permitted by applicable law, in no event will Cc)reDS be liable
under a~y contract, negligence, strict liability or other theory for
any special, indirect, incidental or consequential damages
(includi~j but not limited to damages for loss of profits for
confidential or other information, for business interruption, for
persoM injury, for loss of privacy, for failure to meet any duty
includb~j of good failh or of reasonable care, for negligence, and
for any other Ix~unla~y of other loss whatsoever) arising out of or
In any way related to any breach by CoreDS of this agreemellt, l~o
the provision or use of or inability to use the system o~ services or
othe~vi~ with respect to a~y subject matter of this agreement,
even if CoreDS has been advised of thE! possibility of such
damages.
CoreDS' total liability to customer under thi.,; agreement and the
transac'dons contemplated herby, including wffh(xJt limitation any
liability of CoreDS for any damages of any nature whatsoever,
indu~ without limitation direct or actual damages, shall be
limited to the direct damages incurred by O~tomer In actual and
reasonable reliance on the system or services, which damages
shall not, in the aggregate, exceed 100% of the amount having
actual~ been paid by customer to Corel:)~ in the twelve month
period immediately preceding the date on which the breach giving
Except for I~e provision of credits to ot. Romer's ac.c~unt as
specifically provided in section 4, the dghts a~nc~ remedies granted
to customer under this section 9 constitute customer's sole and
exclusive remedy against CoreDS, it's agents, officials and
employees for any and all claims arising u~:ler statutory or
common law or othenvise.
There are no third party beneficiaries of this agreement. Customer
agrees that CoreDS shall have no liability for the negligence,
products, services or websites of customer; of affiliates; of
developers or consultants identified of referred to customer by
CoreDS; or of any other third party, including but not limited to
lability for the content, quality and accuracy of the foregoing
which are accessible by use of the system ~ s~-,rvices of CoreDS.
10. Uncontrollable Conditions. Nether Ixlrty shall be deemed
in violaUon of this agreement if it Is prevented from performing
any of the obKJations under this agreement by mason of severe
weather and storms; earthquakes or other natural occurrences;
strtkes or other labor unrest; power failures; nuclear or other civil
or miitary emergencies; acts o~ legislative; J~udlOal; executive or
administrative authoritY; or any other drcumstances which are
not within its reasonable control.
11. Severability. In the event that a court, governmental
agency, or regulatory body wi~h proper jurisdk.l:ion determines that
this agreement or a provision of' this agreement iS unlawful, this
agreement, or that provision of the agreemeqt te the exteM it is
unlawl~l, shall terminate, if a provision of this agreement is
t~rmlnatecl but the parties can regally, commercially and
practicably continue without the terminated provision, the
remainder of this agreement shall conldnue in effect.
12. General Provisions. Failure or delay by either party to
exercise any right or privilege under this agreement will not
operate as a waiver o~ StK:h right or pdvileae. Customer may
asslgn this agreement only with the consent of CoreDS. This
agreement constitutes the entire understandt~l between Customer
and CoreDS with rest~ to Service I~wided herein and
supersedes any prior agreements ~ tmderstandings.
13. CoreDS D~gltal Se~tces Acceptablle Use Pollo/ for
CoreDS ZP Produc~ and Services
CoreC)S ok)tal SexY. es a~-,ptab~ ~ i~cy (the "P~lo/')
for ComDS IP Products and Services is designed to help protect
CoreDS, ComDS' ~ and the Interact ox~mJnity in general
from irresponsible Or, in some cases, illegal acl:ivities. The Po~'y is
a non-exclusive list of the actions prohibite~JI by CoreDS Digital
Jul-07-04 03:47P
P. 06
Services. CoreDS I~gital Services reserves the right to modify the
Policy at a~ time.
1. Transmissmn, distribution or storage of any matedal in
violaUon of any applicable law or re~ulatk~ is
prohibited. This includes, without lim~atlon, material
intellectual property right used w~hout proper
a~thodzaUon, and material that Is obscene, defanato~,
~nstib~es an Illegal threat, or violates export control
laws.
2. Sending unsolicited mall messages, including the
sending of 'junk mail" or other aclvertis~ng material to
individuals who did not specifically request such matedai
(e.g., 'e-mail spare"). This includes, but is not limited to,
bulk mailing of commercial advertising, informational
announcements, and political tracts. It also indocles
posting the same or similar message to one or more
newsgroups (e)~ssive cross-posting or multiple-
posting). CoreDS accounts or services may not be used
to collect replies [o messages sent from another Intemet
Sendce Provider where those messages violate this
Policy or that of the other provider.
3. Unauthorized use, or forging, of mai header Information
(e.g., 'mooing").
4. Unauthorized attempts by a user to gain acce~ 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, destrudion, or any
7. Knowingly engage in any acthaties that will cause a
denial-of-service (e.g., synchronized number sequence
on the CoreDS network or on anolter provider's
network.
8. Using CoreOS's Prodocts and Services to interfere with
authorized users.
9. Any open wireless network is strictly prohibited. Any
type of unauthorized service sharing will be searched rot
and immediatdy identified. Any Cusa3mer unvdlmg to
Each CoreDS [p customer b respensible for the ac~v~ of ~
Complaints about cuslomers/representa~ or end-users of
CoreOS IP customer wi# be forwarded tothe CoreDS IP~s
postmaster for action. If violations of the CoreOS I~gital Services
Acceptable Use Policy oecd, CoreDS IP customers Products and
Services reserves the right to terminate services with or take
action to stop the often(ling customer from viiolating CoreDS's AUP
as CoreDS deems appropriate, without notice..
13.2 Terms of Sentice To ensure that all COreDS Network users
experience reliable service, CoreDS req~res users to adhere to the
following terms and condllJons. If you harm any questions or
concerns regarding CoreOS service, call the appropriate contact
need to contact their respective ISP providers..
13.3 High Speed Dieect Fiber ConnecUon
· No reselling of bandwidth services.
· Bandwidth use will be monitored at the CoreDS Head
end.
Should a Business Set, ce site exceed the maximum sustained
bandwidth contracted, you will receive a not, cation re3ui~ng your
service level to be upgraded to match the needs of your business
usage.
Web Hosting services are permissible uses, ;axil as a marketing
finn hosting pages for their oJstome~ Other services not yet
irnl~emented may be allowed by written consent of CoreDS
Administra0on.
X3al Accel~ble U~e Policy (AUP)
CoreDS' Acceptable Use Policy (AUP) is posted to our web site and
~eas~aoe;~es. ) ,./~.~
IEF OF POLICE, A~t4LAND
Date: .March 1, 200,1
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541 ) 488-5300
VENDOR: 000082
HUNTER COMMUNICATIONS
801 ENTERPRISE DR. STE.# 101
CENTRAL POINT, OR 97502
FOB Point:
Terms: Payable on receipt
Req. Del. Date:
Special Inst:
CITY RECORDER'S COPY
Page 1 / 1
[ "o~?i'~ ,, ,j
SHIP TO: City of Ashland - Police Dept.
1155 E MAIN STREET
ASHLAND, OR 97520
Req. No.:
Dept.: POLICE
Contact: Mike Bianca/Linda Hoggatt
Confirming? NO
.~004 - June 2005
reement w/Core Di ital
IS one
reement
rios to
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
_______ E 110.06.11.04.604160
u~_F. th'oriJed Signa'tur~ /
'1
9 600.00
SUBTOTAL
TAX 0.00
FREIGHT 0.00
TOTAL 9,600.00
VENDORCOPY.
REQUISITIO OR :;". ..... ',.:
THIS REQUEST IS A,]~~'~'
['"-] Change Order(existing PO # .)
Vendor Name:
Address:
City, State, Zip:
Phone:
Fax Number
Deliver Location
. CITY OF
:/ -ASHLAND
J u N ~_,..~~004
. , : ...... ~~luired Date of Delivew/Se~ice:
801 Enterprise Drive Ste 101
Central Point, OR 97502
Services Only
D®scription
Monthly bandwidth Service - Radios to Medford $800 per
month X 12 MONTHS JULY 2004 - JUNE 2005
Total Cost
9,600.00
Solicitation Process:
--~ Exempt ~- 3 Written Quotes
(copies attached)
['-] Sole Source ~-I Invitation to Bid
(copies on file)
.,
LJ Less than 1--] Request for
$5000 Proposal (copies on file)
110.06.11.04.6040.0.0G'A'CCO u nt Number
*Please attach the Original signed contract an~ Insurance certificate.
Materials Only
Item # Quantity Unit Description Unit C~ '"
Account Number ....
Employee Signature: SupervisoflDept. Head Signature:
request meets the City of Ashland
NOTE: By signing this requis~o/n foC'm,"[~~[tl~d above Solicitation Process req~.ementS.~v~ can be provided
when necessary.
G:Finance~'rocedure~,P~orms~8_Requisition form.doc Updated on:07/15/02