HomeMy WebLinkAbout2010-028 Agrmt - Hunter Communications
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Internet Service Agreement
Vo1.9.3.1 - QUO-01456-IH77D - V.2 - 2/10/10
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1. SERVICES......... ................... ........................................ ................................... ..........., ...... ...:............;.... ................... 3
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1.1. DATASERVJCES I 3
1.2. INSfAllATlON SERVICES 3
2. TERMS.....,.............,................................................ .....,........,.............................,.................~....................................3
3. CHARGES ............................................................................................................................,....................................3
3.1. DATA SERVICES RATE 3
3.2. INSTALLAnON SERVICES CHARGE 3
3.2.1. UNINTERRUPTIBLE POW';R SUPPLY 3
3.3. LATE PAYMENT, DEPOSIT, ELECTRONIC BILLING 3
3.4. TAXES, FEES! GOVERNMENT CHARGES 3
4. SERVICE LEVELS.......................... ...... ,....... .................. .......................................................~............. ....................... 3
S. HUNTER FACILITIES AND EQUIPMENT .............................................................................;....................................3
5.1. REMOVAL 3
5.2. PROPER ENVIRONMENT 3
5.3. DAMAGE 3
6. RIGHTS AND OBLIGATIONS OF CUSTOMER...........................................................................................................3
6.1. JNSTAllATlON
6.2. PREMISES AtCESS
6.3. ACCEPTABLE USE POUCIES (AUP)
6.4. SYSTEM JNTEGRITY
6.5. ---HUNTER EQUIPMENT MOVEMENT
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7. TERMINATION .........................................................................................................................................................4
7.1. CfSSATIONOF SERYICE 4
7.2. CESSAUONOFACCESS 4
7.3. TERMINATION FEE 4
8. NO WARRANTIES ...................................................................,.................................,....,...~....................................4
9. EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY AND REMEDY; EXCLUSIVE REMEDY .............4
10. UNCONTROLLABLE CONDITIONS.... ...................... ................. ......................... ........ ...... ...~.......... ....... ................... S
11. SEVERABIUTY ..............................................................................,...........................,.............................................5
12. GENERAL PROVISIONS ..................................... ............. ,. ,....................... .... ................., ........ ................ ........ ........ 5
13. HUNTER COMMUNICATIONS ACCEPTABLE USE POLICY FOR HUNTER IP PRODUCTS AND SERVICES ..............5
13.1 PROHIBITED USES Of HUNTER'S SYSTEMS, PRODUCTS AND SERVICES I 5
13.2 TERMS Of SERVICE ,5
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Agreement between Hunter Communications (Hunter) and Customer named b~low for Hunter's
("Data Services'1 on Hunter's telecommunIcations system through its fiber optic network (the
"network" or "system'1. :
Customer Name: City of Ashland (Ashland Fiber Network)
Key Billing Contact: Michael Ainsworth
Billing Address: City of Ashland, 20 E. Main St., Ashland, OR, 97520
Phone: 541.552.2314
Email Address: ainswm@ashland.or.us I
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Premises Address (if different): I
90 N. MountaIn Avenue, Ashland, OR, 97520
Service Address (if different): :
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Branch Address <if different): ,
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Hunter Initials Idv tL-
Customer Initials ~ ~
Date P 3/2. r-ll6
Date 3//'//6
1. Services. OJ5loml!r shall purchase and Hunter Communications (Hunter)
shall provide to Customer:
1.1. Data Services. Data Services permit access bV Customer to
Hunter's telecommunkatlons system at the point of dl!lvlry located In the
OJstomer's premtses desalbed above. The point of delllfety ts lhat location
where the network and CUstomer's system are Interconnected.
1.2. In$tallatlon Services. Installation servlces consist of
coordinaUng with Cuslomer the necessary engineering. Site survey. system
conftguriltIOn and other servIceS necessary to provrde CUstomer Data
ServIces. These services shan be provided up to the date that the service
testing Is compfeted based on Hunter's customary testing procedures and
the service Is awl/able to the CUstomer ("the service acceptance dllte").
In addition, Hunter wHI provide the equIpment (collectIVely rererred to as
-Hunter utilities") necessary to connect CUstomer's facilities to Ule network.
2. Terms. This agreement will be effective on February 10, 2010, and shall
conUnue for 6 months, unless sooner tennlnated as proVIded In this
agreement In the event written noUCe Is not given by either party to
terminate this agrtement at )east 30 days prior to the termInation date. this
agreerMnt shaU automatically revert to a month-to-month servfce
agreement basis on the same terms and condlliOns except for the rate
specified In Sedkln 3. The tate for each extension period shall be the rate
lhen In effect, as published by Hunter, at least 45 days prior 10 lermlnaUon
date.
3. Charges. Hunter agrees to proWSe to CUstomer tWD (redundant) local
k)op comectJons-150 r-lblt capacity per llnk-to the Internet. The
redundant mullmegabit local loop connecUoll$ wtll be from locallntemet
point of presence (POP) to the Ashland ~adend located at 90 N. Mountain
Avenue. Ashland, OR, 97520. CUstomer agrees to pay for these services on
a sliding fee scafe based on monthly usage. This usage Is to be cakulated by
a 95tl1 percentile equation. A detailed usage report will be Il1duded with the
monthly statement Bandwidth usage Is to be bllled based Oil the tate chart
below (WIth a minimum usage of 50 megabits and maximum usage of 300
Mbps):
Total monlhfy usage based on
95th percentile calcu~on
(AD rates In megabits)
50Mbps
51-75 Mbps
76-'00 Mbps
.01-150 ~lbps
151-200 Mbps
201-250 Mbps
251-300 "bps
Per Mb Rate
$145.00
$'20.QO
$95.00
$65.00
$80,00
$75.00
$70.00
Initial
Dale
3.1. Data Services Rate. From the service start-up date,
Cus\omer shall pay the rate specified above (or each unit of bandwidth. If
the service does not beGin on the first di!y' of a billing c;yde, then payments
for the nrst monUl shall be prorated on a dally basis. All accounts w:ll be
Invoiced on the first day of each month, and aD sums shall be paid w1thln 20
days after the date of the monthly blUing for services (the: "due dllte'.
Hunter requests that these payments be made via Electronic Fund Transfer.
Please complete Addendum "8", AuthorlzaUon for EFT.
3.2. Installation SOrvlces Charge. customer shall pay tf1e
Installation dlarge spedtied below ror the Installation services provided by
Hunter \"Ih\(h charQeS shall be due and pGYllble upon onsite lnstilll;,Uon of
the nber terminating hardware and therefore establishing the due date of
the Installation charges and any prorated data services for the start-up
period.
HllIrdware and fiber InstallatJon: AppIicdbie Installation fees .
""vebeen .-
3.2.1. Unlnterruptlble Power Supply. OJstomer shall provide a
form of unlnterruptible power for the llber termination hardware and any
Hunter radlitles or equipment at the COstomers location. If the CUstomer
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does not provide a unilterruDtlble power source, Hunter wm provide one for
the pike lISted below.
APe Unlntenuptible Power Supply: $200.00 (one needed
fOr each location)
3.3. Late Payment, Deposit;, Electronic BIlling. Payments
recefVed after the due date may be subjected to 3 charge of 1 Yl~ per
month on the unpaid balance at the discretion of Hunter. Hunter may
requIre CUstomer to pay a deposit In advance of the provision of any
service. Hunter shal hold any such deposit In a non.lnterest bearing
account and used to satisfy (In whole or In part) any obUgaucn of Customer
under this agreement. All lnvoJces will be sent vJa electronic mall. If
OJstomer requests paper lnvclclng, a $5.00 monthly processing fee will be
assessed to CUstomer's account.
3.4. Taxes, Fees. Government Charge.. Customer agrees to
pay any applicable taxes, franchIse fees or other goverl"lllental charges
Imposed upon Hun.ter CommunlcaUons by governing body 'toilh !urlsdtctional
auUlortty over this selVk:e or for use ot public right or ways and easements.
4. Service Levels. See Addendum -A" -- Hunter OJmmunlcations ~
Level Agreement RJ.JS
5. Hunter Facilities and Equipment. Any Hunter facilities al1d/or
equipment Installed on Customcr's premises, shall be and remain the
property of Hunter and may be repaired or replaced at any Ume and
removed at the termination of sef'r'ke, and may be used to supply other
customers or Hunter wflether or not on the same premises. No rent or
other charge shall be made by Customer on Hunter for pl(l;clng or
maintainIng Its fao1itles or equipment upon custooler's premises. Hunter
shall be entitled. at any Ume, to affix to Hunter fadlltfes or equipment 8
label Indicaling the Interest of Hunter.
5.1. Removal. CUstomer will use reasonable efforts to ensure
that Hunter fadlities and/or equipment are not removed or caused to be
removed by any person, other than Hunter or vAthOUt Hunter's prior written
consent.
5.2. Proper Environment. OJstomer shall use reasonable efforts
to keep the location of Hunter'$: facilities and/or equipment In the proper
environment itS specified by Hunter. :
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5.3. Damage. OJstomer agrees to eXercise due care and caution
to protect Hunrer's fcldlltles and equipment from the weather, vandaism
and other potential probl'ems. CUstomer shaH be liable for any loss or
damage to Hunter's racilitfes and/or equlpment'at any IocaUon aJ1slng trom
Customer's negligence. lotentlon,,' act. unauthOrized maintenance or other
(CIuse withIn the reasonable control (If CUstomer.. its emDloyees 01 agents.
In the event of any loss or damage to Hunter"s f"cnitles or equipment for
which Customer Is RabIe, CUstomer shall reimburse Hunter for the lesser (If
the reasonable cost of repair or the &tWill cost of replacement
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6. Rights and Obligations of Customer. '
cU. Installation. OIstomer shall ~t lis expense undertake all
necessary preparations required to comply with Hunter's Installation and
maIntenance Inslructfons. Such preparations InClude obtaIning all necessary
mnsents for the Installation and use of Hunter faolitles and/or equipment In
the building. Irlduding cOnsents for necessaly a1teralkms to buildings;
ensuring that any floor loading Urnits will not be exceeded; providing
suitable accommodations, foundatfons and an environment to meet the
environmental specifications for Hunter Induding all necessary trunklng,
conduits and cable trays; providing suitable electric power and any other
utilities needed by Hunter to InstaU, test and or maintaIn Hunter's facilities
ilmd equIpment; providIng a suitable and safe \'Iorklng environment for
H\Jnter's personnel. Including an envlrol'1lllent safe from environmental
hazards; and takIng up or remtwlng, In time to allow Hunter to cany out
InstallaUon 85 scheduled, any fitted or fixed Roor coverings, telllng tiles,
suspended cellfngs and partition covers.
6.2. Premises Access. Customer shall provide Hunter or other
persons authorized by Hunter \\ISth access (on bOth a rOoUne and emergency
basis) for the tmplementatlon of an service acceptance datej CUstomer wlll
provide Hunter reasonable access to the CUstomer premises mere any
Hunter racllitles or equIpment are Installed. Hunter shall not be responsible
for any faults on the network or any fanure to P,erfurm the provisions of this
Hunter InItials
Customer Initials
f2, IZ- '
,(P!f ~ ,
Date ()1/;Z'- /'6
Date '$./1 r(/()
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agreement to the extent that HUl1ter, In Oood faith, requfres access, and any
such faults or faltures or the contfnuatfon thereof are a result of the fallure
of CUstomer to provide access to the place at each location where Hunter
CadliUes aoo/or equfpment are Installed supporting the failing service or
connecUon.
(a) During Implcmenla.t1on, Hunrer will normally CJJrry out work required to
Install and/or repair Hunter's ~dliUes and equIpment during Its normal
working hours but may, on reasonable noUce, requfre access at other limes.
At OJstomer's request, Hunter will carry out WOJk to Install Hunter's fadlrtles
and equipment outslde Hunter's regular working hours. In which l!vent
CUstomer agrees to pay overtime and any o'her appropriate charges agreed
between the parties.
(b) My out-ot'pocket costs, reasonably Incurred by Hunter, as a
consequence of the delial of access bv CUstomer (or building owner) to any
location shall be paid by CUstomer. Hunter shall advise CUstomer of any
such ~ on a case-by-case ~sis.
6.3. Acoeptabfe Use Polldes (AUP). Hunter's Acceptable Use
Polity (AUP) Is posted to our 't'reb site and Is to be ~cknowfcdged and known
by the CUstomer at all reasonable Urnes. CUstomer shall comply with
Hunter's acceptable use pllldes. The acceptable use polIcies are subject to
change at any time by Hunter acting In Its sole dlSCrelion, and all such
Changes shall be bInding upon Customer UpoD wliltcn notice to Customer by
Hunter_
(a) Customer shall be responSible for the use and compatlbUity of equipment
or software not provided by Hunter. In the event that OJsl:omer uses
equipment or software nt:lt proWf~ by Hunter whIch Impafrs CUstomer's
Data Services or the nelwol1c, Customer shall nonelheless be Bable for
payment for all service, lnduding WiThout limitation any software provlded
by Hunter. Upon notICe from Hunter that any tqulpment or software not
provided bv Hunter Is causfng or Is Dkely to cause an hazard, Interference,
or scrvlce obstruction, CUstomer shall Immediately eliminate the likelihood
or h:lzard, Interference, or service: obstruction and If CUstomer falls to do so,
Hunter may take such actfon as It deems required to elIminate such hazard,
Interference or sclV'.cc obstruction.
{b) CUstomer will only connect to tfle network using Industry standard
equipment.. which complies and Is compalibfe with the secvk:e speclflcatlons
set forth In llpplfCa~e tcdlOlcal pubJfcatJons. Notwithstanding the
undertakfng of Qlstomer In the prior sentence, If, In Hunter's reasonable
opInion, the technical Integrity of the network or the seNfce befng provided
over the net\vorlc to Customer or any other third ~rty Is being Jeopardized
or is likely to be JeopanBzed as a result of the connectIOn of any Customer
premises equipment to the network by CUstomer OJ by any other actMty for
which Customer Is responsible, Hunter may suspend the provision of Ihe
selVlc:es to any connection so affected. follOWing remedilll action by
Qrstomer satisfactory Hooter, Hunter \~II reinstate the servtce provided
Ulrough that oonnection es soon as possible.
(c) Hunter reserves the right to allow or refuse to allo." any make, model or
software revisIOn of customer-provided equIpment to be used as a gateway
to any network access. OJstoroer wi! (OOperate with Hunter In setting ttle
Initial contlgurauon ror Its equipment's Interface with the net.work.
(<I) Hunter may from time to time Issue technicallnstrucllons on the use of
the network. to ensure the proper functioning of the serYfces or the
proledion of the network from damage or deterioration. CUstomer YJlII
observe technlcallnstructtons.
6.4. System Jntegrity. CUstomer to cure any vtolatlon (other
than tallure to PBV) of the pr<MsJons of Uds agreement within 30 days notice
llyHunter.
6.5. Hunter EquIpment Movement. CUstomer Is obngaled to
obtain written approval from Hunter prior to moving any of Hunter's
equipment. Movfng of equIpment without authorfllltlon may cause damages
and/or an outage. A (Ustomer.caused outage, due to the movfng of
equipment without written auUlorllatkm, wiD be th1!: sole responsibility of the
OJstomer. Costs for repairs performed by Hunter technicians as a result of
damages due to movement or Hunter equipment shaD be borne by the
Customer. No dedudfons fo billilg will be rMde for CustomeHaused
outages.
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7. Tetrnlnation Eidler party may terminate _ thIs agreement for cause,
provkfed written noUCc Is {Jiven the other party specIfYIng the cause for
termtlatlon and requesting COrredjQn within 10 days for failure to pay a
sum due, or wIthin 30 days for any oUter cause, and such cause Is not
corrected wlttrtn the applicable perfod. Cause ls any materfal breach of the
terms of this agreement, locludlng the faUure to pay iJny amount when due,
the IiIlng of a petltlon In bankruptcy by or against CUstomer or Customer's
. lnabiTlty to meet obligations when due; or faUure of Hunter. Hunter will
furnish copies of such pol1des upon request.
7.1. CessaNon of Service, Hunter may deny CUstomer aocess to
the network and WIse to provftfe aU or pact of any services described In thIs
agreement without notice If Customer: I
(a) VIolates any provision or applicable acceptable use policies;
(b) engages In any conduct or activity Ulat Hunter, In Its sole
discretion" reasonablv belleves causes a ii5.k that Hunter may
be subjected to cMI or crtmlnal ~tigation, charges, or damages;
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(el would a1U5e Hunter to be denIed access or to lose 5eMceS
by Hunter's Internet provider. '
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7.2, Cessation or Aa;ess. If Hunterceases to provkJe or denles
U1stomer at:a!ss to the network pursuant to Itlls sedJon, neither Customer
nor iJny of Its customers shall have any right: ;
(a) 00 access through Hunter any materials stored on the
Internet,
(b) to obtain any credits otherwise due to CUStotryer, and such
credi'ts shag be fodelled, Of;
(c) LO access third party services, merdlllndlse or Information
on the Internet through Hunter. Hunter shall have no
responSlbl1ity to notify any thtrd'party providers of services,
merchandise or Information of any diScontinuance of any
selVlces pursuant to this section, nor any'responSlblllty for any
consequences resulting from lack of such nolineatlon.
7.3. Termlnatlon Fee. If Hunter terminates this agreement for
cause, or If CUstomer terminates this agreement without cause, CUstomer
shall pay Hunter a termination fee equal to the lesser of:
(a) the remalnfng charges applicable through Ole end of the
schedli'ed term, or;
(b) six month charges.
8. No Warranties, To the extent permitted by applicable law, Hunter Is
provtdfng the services and the system {Including but' not limited to the
Hunler fadlities and/or equIpment and any acceSs to the network) as Is and
with all fl!;ulb, and hereby dlsclalms 811 other warranties, If any, either
express, implied, statutory Or otherwise with respect to any of the system
and selVlces provided or to be provided under this ilIgreement, Indudlng but
not "mired warranties of merchantability, fibless fOf a partfcular purpose, of
lack otvlruses, lack of negligence or lack orworlunilnlike effort.
HlIl1ttr makes no waITanty:
(a) of title, quiet enjoyment or lack of Infringement With respect
to the system or services;
(b) that the system or servlces are "'year 2000" compliant.
g, Exclusion Of Certain Damages; Umltatlon ot Llablllty And
Remedv; Exclu$lve Remedy. To the maximum extent permitted by
applicable law, In no event will Hooter be liable under any contract.
negligence, strict llablllty or other theory for any spedal, Indirect, Incidental
or consequential damages (Including but not limited to damages for loss of
profits for conf'ldentJal or other Inrormatfoo, for business fnterrupUon, for
personal Injury, for loss of prtvacy, for fatlure to meet. any duty Including of
good faIth or of reasonable care, for negligence, and ror any other pecunfasy
of other loss v.tIatsoe.ver) arisIng out of or In any way related to any breach
by Hunler of ttlls agreement;, to the provI5Ion Of:U5e afar {nablDty to use the
system or services or otherwise with respect to any subject matter of this
agrEement, even If Hunter has been advised of the possibility of such
damages.
Hunter's toWl UabUity to Customer under this llgreement and the
transactions contemplated herllYI Indudlng w1thout limitation any liability of
Hunter for any damages of any nature whatsoever, locludfng without
lirnltaUon dlred or actual damages, shaU be limIted to the direct damages
Incurred by CUstomer In adual and reasonable reliance on the system or
selVlces, wtllch damages shall not, In the aggregate, exceed l000~ of the
amount having actually been pakl by CVstomer to Hunter In the twelve
Hunter Initials'
Customer Initials
4~
.do;J.;A
Date~o
Date~o
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month perlod Immedlatetv preceding the dale on whk:h U1c breath gMng
rise to the! damages occurred.
Except for the provision of credits to OJstomer"s aaount as spedfk::ally
provfded In Addendum "/\," the rights and remedies liIranted to Customer
under this secllon 9 constiwte CUstomer's sole and exduslve remedy illiIatnst
Hunter, It.s agents, offldals and employees (Or any and all claims arising
under statutory or common law 0( otherwise.
There are no third party benefldarfes of thts agreement. Ulslomer agrees
that Hooter shall have no liability for the negligence, products, services or
..wbsltes of CUstomer; of affillares; of developers or consultants Identified of
referred to CUstomer by HUnter; or of any other third party, If1clucllng but
not limited to liabllily for Ule content, quallly and accuracy of the foregoing
which are accessible by use of the system or seMcesof Hunter.
10. Unmnlrolll!1ble Conditions. Neither party shall be deemed In
vlolilUon of lhts agreement if It 55 prevented from perf(lnnlng any of the
obllgaUons under this agreement by reason of severe weather and storms;
earttlquak6 or other natural occurrences; sbites or other labor unrest;
power fallulCs; nuclear or other eMl or military emergendeSj acts of
legISlative; Judicial; executIVe or admlnlsb'atlve authol1t1es; or any other
circumstances which are not wtthlf1lts reasonab!e control.
11. Soverab1lity. In the event that a court, govemmental agenL)'. or
regulalory body with proper jurlsdk:llon determines tI1at thIs agreement or a
provision of this agreement Is unlawful, th\s agreement, or that provision of
the agreement to the extent It Is unlawful, $l)a11 termInate. If a provision of
this agreement Is terminated but the parties can legally, commertlally aoo
practfcabty continue without the terminated provision, the remainder Clf this
agreement shall continue In effect.
12. General Provlslonli. Failure or delay by either party to exercise any
right or privilege under Ul1s: agreement \\1111 not operate as a walll'er of such
right or prlvlfcgc. Customer may assl'gn this agreement only \'./Ith the
consent or Hunler. This agreement constitutes the enUre understandIng
between Customer and Hunter with respect to 5eJVlce provided hereln and
supersedes any prior agret'!menls or vnderslandin!)s.
13, Hunter Communications Acceptable Use pOll'}' for Hunter IP
Products and Services.
Hunter Communications Acceptable Use polity (the .PoIlcy.') for Hunter IP
Products. and SeMces ts designed to help ploted Hunter, Hunter's
aJslomers and the Jntemet community In general from Irresponsible or, In
some cases, Ulegal activities. The Poficy Is a non-eKdu5ive Ust of the acUQns
prohibited by Hunblr Communications. Hunter Communkalfons reserves the
right. to modify the Polie( at any time.
13.1 Prohibited Uses of Hunter's Systems, Products and Services.
1.
Transmission, disbibulion or storaoe of any material In violation
of any apptlcaWe taw or regulation Is prohibited. This Indudes,
without Ilmltafj()n, material protected by copyrlght, trademart,
trade secret or other InteRectual property right used without
proper authortzatfon, and materfallhat Is obscene, deramatory,
constitutes an lHegal threat, or 1Jlolates export conbollaws.
Sending unsolicited mall messages, t1duding the sending of
~Junk mall. or other advertiSing material to IndMduals who did
not spedfkally request such material (e.g., -e. mall spam.). This
Indudes, but Is not limited to, b1Jlk matNng of commcrdal
adverUslng, Informational a.nnouncements, and political tracts. It
a~ Indudes posting Ifte same or slml"'r message to one or
more ne\vsgroups (excessiVe crOss-posting or multiple-posting).
Hunter accounts or seMces may not be used to coVed replies lo
messages sent from another (nlernd Servfce Provider where
those messages violate this Policy or that of the other provfder.
Unauthorized use, or fOl'{llng, of mall header Informauon (e.g.,
.spoofing").
Unauthorized attempts by a user to gain access to any account
or computer resource not belonging to that user (e.g.,
"cracklng-).
Obtalring or attemptJng to obtain ser\'ice by any means or
devtce \'w1th Intent to avokJ payment.
Unauthorized access, alteratfonl destruction, or any attempt
thereof, of any Information of any Hunter customers or end'-
users by any means or device.
2.
3.
1.
5.
6.
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7. Knowingly engage In any activItfes that will cause a denlal-of-
seNke (e.g., synchronized number sequence attacks) to any
Hunler customers or end-users whether on the Hooter nel.WOrk
or on another prOVIder's network.
8. USing Hunter's Products and 5erv1ces to Interfere with the use of
the Hunter netMlrk by Clther customers or euthoriled users.
9. Any open wfreless network Is strIctly prohlblte(1. ^rrt type of
unauUtortzed servke sharing \~II be searched for and
Immedfatefy Identified. Any CUslomer unwilling to bring down
any such network \'VIII be termInated
Each Hunter IP customer Is responsible for the actfvfUes of Its customer
base/representatives or end. users and. by accepting service from Hunler, Is
agreelog to ensure Utat its cusromers!representattvcs or end-users abIde by
this Policy. Complaints about customerS/represclltatlves or end.users of
Hunter IP CUStomer will be forwarded to the Hunter IP customer's
postmaster for action. If YIolalJons of UIC Hunter Communkations
Acceplable use poSey occur, Hunter IP customer's Products and Services
reserves the right to terminate services with or taxe acUOI1 to stop the
offending aJstomer (rom vIOlating Hunb!r's AUP as Hunter deems
appropriate, without noUce.
13.2 Terms of Service. To ensure that all Hunter Network users
experience reliable service, Hunter requires users to ~dhere to the following
terms and conditions. If you have any questions or concerns regarding
Hunter selVlCe, call the appropriate contact Usted on your monthly bming
statement. cable Modem customers need to contact theIr respective ISP
providers.
City of Ashland:
"'.....,._" 'ltU:." 7U"'t&&~.f!6
Name: v,..,.,~........
l1Ue: r/l./A-N~ .1J/~n...
SIgn,"".: h ~___'-' Dale: .s,J5--PO
RIchard Ryan, Pc
Signature:
Hunter Initials ,C.,I!-
Customer Inltlats
Dal.: o3/~k,o
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CITY OF
ASHLAND
Council Communication
Approval of a Special Procurement - Internet Bandwidth
Meeting Date: March 2, 2010 Primary Staff Contact: Michael Ainsworth
Department: Information Technology E-Mail: mikea@ashland.or.us
Secondary Dept.: Purchasing Secondary Contact: Kari Olson
Approval: Martha Bennett Estimated Time: Consent Agenda
Statement:
Will the Council, acting as the Local Contract Review Board, approve a Contract-specific Special
Procurement requesting approval to directly award a contract to Hunter Communications for Internet
Bandwidth for a period of six months?
Staff Recommendation:
Staff recommends that the Contract-specific Special Procurement for Internet Bandwidth be directly
awarded to Hunter Communications for a term of six months expiring on June 30, 2010.
Background: .
A Special Procurement is a contracting procedure that differs from the procedures required for an
Intermediate Procurement (3-written quotes), Invitation to Bid, Request for Proposal, Sole Source or
Emergency. The proposed procedure being' recommended is direct award per the attached Request for
a Special Procurement.
For more information, please see the attached Request for a Special Procurement.
Related City Policies:
The related rules of procedures are included in the attached Request for a Special Procurement.
Council Options:
The Council, acting as the Local Contract Review Board, can approve the Special Procurement or
decline to approve the Special Procurement.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to approve the request for a Special
Procurement.
Attachments:
Contract
Request for a Special Procurement
Page I of 1
r.,
FORM #9
CITY OF
ASHLAND
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
Greater than $5,000
To:
City Council, Local Contract Review Board
From:
Michael Ainsworth Interim Director IT Department
Date:
March 2,2010
Subject:
REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
I. Requesting Department Name:. IT Department Ashland Fiber Network
2. Department Contact Name: Michael Ainsworth
3. Type of Request:
Class Special Procurement.lL Contract-specific Special Procurement
4. Time Period Requested: From Present To: June 30, 2010
5. Total Estimated Cost: $90,000 ($15,000/month for six months.)
6. Supplies and/or Services or class of Supplies and/or Services to be acquired
Internet bandwidth connectivitv to Internet Point of Presence and traffic management.
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), BidIProposal Forms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
Current contract (from a 2007 RFP) is at end of term, The proposed six month extension is to
allow sufficient time for the incoming IT Director to review current practices to then process
and complete a formal sealed proposal (RFP) for Internet Bandwidth,
Fonn #9 - Special Procurement- Request for Approval, Page 1 of4, 313/2010
8, Justification for use of Special Procurement: Describe the circumstances that justify the use of a
Special Procurement. Attach relevant documentation.
The incoming IT Director will perform review of current practices and will then use his
expertise to establish criteria to perform a new RFP \Jrocess for Internet Bandwidth. The
hire date of the incoming director requires an extension of the current contract to allow
sufficient time for the director to perform the evaluation and establish future criteria
9. Findings to Satisfy the Required Standards: This proposed special procurement:
x (a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
The City intends to process and complete a formal competitive sealed proposal (RFP)
(please provide specific infonnation that demonstrates how the proposed Special Procurement meets this requirement.); .
and
(b )(i) will result in substantial cost savings to the contracting agency or to the public because:
(please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or
(b )(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065,
or 279B.070, or any rules adopted thereunder because:
(please provide specific infonnation that demonstrates how the proposed Special Procurement meets this requirement.)
Form #9 - Special Procurement - Request for Approval, Page 2 of 4, 313/2010
Public Notice:
Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give
public notice of the Contract Review Authority's approval of a Special Procurement in the
same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and
OAR 137c047-0300. The public notice shall describe the Goods or Services or cIass.of Goods
or Services to be acquired through the Special Procurement. The Contracting Agency shall
give such public notice of the approval of a Special Procurement at least seven (7) Days
before Award of the Contract.
Date Public Notice first appeared on www.ashland.oLus-March 3, 2010 *
* subject to Council approval on March 2, 2010
PUBLIC NOTICE
ADuroval of a SDecial Procurement
First date of publication: March 3. 2010
A request for approval of a Special Procurement was presented to and approved by the
City Council, acting as the Local Contract Review Board, on March 2, 20 I O.
The City intends to approve a contract for six months to then allow sufficient time to
process and complete a formal competitive sealed proposal (RFP) for Internet
bandwidth connectivity to Internet Point of Presence and traffic management.
It has been determined based on written fmdings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 279B.055, 279B.060,
279B.065, or 279B.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 279B.400 and OAR 137-047-0300, A written protest shall be
delivered to the following address: City of AsWand, Michael Ainsworth, Interim IT
Director, AsWand Fiber Network, 90 N. Mountain Ave, Ashland, OR 97520.
The seven (7) protest period will expire at 5 :OOpm on March 10, 20 I O.
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
Fonn #9 - Special Procurement - Request for Approval, Page 3 of 4, 313/2010
. Authority to enter into a Special Procurement:
AMC 2.50,070 Procedures/or Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General
Model Rules, OAR Chapter J 37 Divisions 46 - 49, except for the following:
G. Special procurements as se/forth ORS 279B.085 and herein
ORS 279B.085 Special procurements. (1) As used in this section and ORS 279B.400:
(0) "Class special procurement" means a contracting procedure that difJersfrom the procedures described in ORS 279B.055,
279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a series of contracts over time for the acquisition of a specified
class of goods or services.
(b) "Contract-specific special procurement" means a contracting procedure that differs from the procedures described in ORS
279B.055, 279B.060, 279B.065 and 279B.070 and isfor the purpose of entering into a single contract or a number of related contractsfor
the acquisition of specified goods or services on a one-time basis or for a single project.
(c) "Special procurement" means, unless the context requires otherwise, a class special procurement, a contract-specific special
procurement or both.
(2) Except as provided in subsection (3) of this section, to seek approval of a special procurement, a contracting agency shall submit a
written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that
describes the proposed contracting procedure, the goods or serVices or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set forth in subsection (4) of this
section.
(3) When the contracting agency is the office of the Secretary of State or the office of the State Treasurer, to seek approval of a special
procurement, the contracting agency shall submit a written request to the Secretary of State or the State Treasurer, as applicable, that
describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set forth in subsection (4) of this
section.
(4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special procurement if the
director, board, Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section
demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the director, board,
Secretary of State or State Treasurer, will: .
(a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts;
and
(b)(A) Result in substantial cost savings to the contracting agency or to the public; or
(B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with
requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any rules adopted thereunder.
(5) Public notice of the appraval ofa proposed special procurement must be given in the same manner as provided in ORS 279B.055
(4).
(6) If a contract is awarded through a special procurement, the contracting agency shall award the contract to the offeror whose offer
the contracting agency determines in writing to be the most advantageous to the contracting agency.
(7) When the director, a local contract review board, the Secretary of State or the State Treasurer approves a class special procurement
under this section, the contracting agency may award contracts to acquire goods or services within the class of goods or services in
accordance with the terms of the approval without making a subsequent request for a special procurement. [2003 c. 794 f57; 2005 c.103
{Sd]
OAR 137-047-0285 Special Procurements
(1) Generally. A Contracting Agency may Award a Contract as a Special Procurement pursuant to the requirements ofORS 279B.OS5.
(2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special
Procurement in the same manner as public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting
Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract.
(3) Protest. An Affected Person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400
and OAR 137-047-0700.
o
Form #9 - Special Procurement - Requestfor Approval, Page 4 of 4, 313/2010
PUBLIC NOTICE
Approval of a 8Decial Procurement
First date of publication:
March 5. 2010
A request for approval of a Special Procurement was presented to and approved by the
City Council, acting as the Local Contract Review Board, on March 2, 2010.
The City intends to enter into a contract for a period of six months to allow sufficient
time to process and complete a formal competitive sealed proposal process (RFP) for
Internet bandwidth connectivity to Internet Point of Presence and traffic management.
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 279B.055, 279B.060,
279B.065, or 279B.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with OR~ 279B.400 and OAR 137-047-0300. A written protest shall be
delivered to the following address: City of Ashland, Michael Ainsworth, Interim IT
Director, AsWand Fiber Network, 90 N. Mountain Ave. AsWand, OR 97520.
The seven (7) protest period will expire at 5 :OOpm on March 12, 2010.
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
!L(3/5/20-1 0>: l5aiLOiSon : Public Notice an,fPO--... _ =.=
-_ _'_.:-'.Pa-gl:l. i]
From:
To:
CC:
Date:
Subject:
Attachments:
Karl Olson
Ainsworth, Michael; Huhtala, Melissa; Payable, Accounts
Kari Olson
3/5/2010 9:26 AM
Public Notice and PO
Public Notice - Special Procurement - Internet Bandwidth 03 05 2010.doc; 20
100305085539650.pdf
Hello Melissa,
Can you please post the public notice on the City's website for us. . .thank you!
Hello Marty/Sarah,
We now have a PO issued to Hunter for Internet Bandwidth. A copy of the PO and contract will follow after the 7-day
protest period has expired.
Thank you.
Kariann
Kariann Olson, Purchasing
City of Ashland, Finance Department
gO N. Mountain Ave, Ashland, OR 97520
Tel: 541-488-5354, Fax: 541-488-5320
TTY: 800-800-735-2900
This email transmission Is official business of the City of Ashland, and It is subject to Oregon Public Records Law for
disclosure and retention. If you have received this message in error, please contact me at 541-488-5354. Thank you,
~..
..11
CITY RECORDER
Page 1/1
CITY Of
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
~;;:':."DATE.
,"'~-' "
. !<1_~ .:
"PO NUMBER -,3
09445
3/3/2010
VENDOR: 000082
HUNTER COMMUNICATIONS, INC.
801 ENTERPRISE DR STE 101
CENTRAL POINT, OR 97502
SHIP TO: Ashland Fiber Network
(541) 488-5354
90 N. MOUNTAIN
ASHLAND, OR 97520
FOB Point: Ashland
Terms: Net 15 days
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.:
Contact: Mike Ainsworth
Confirming? No
,
i~~~.:,Qua'niiW'~~ ;fjun'fri/i :W:t]!t ;E:~l'3:1: Z~Ef:;,' ~~'>~:~~~: ; ::" t~~t ,~;'JtiDescHptlo'r{;~~:.~,:; ,t~I~7(:j':_<~:~ ~;~':?'~;~~i:~t;;f.,~::i:~:~}i:~ <";l:Unit;'pHce~~~:~ l:f>':~Ext:~p'ric;
<J~~:,~
Special Procurement approved by City
Council on March 2, 2010 - Internet
Bandwidth, 6-Month Contract@ $15,000
per month
75,000.00
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
75 000.00
0.00
0.00
75,000.00
?!~:tf~"cOumrNuRi_~~~ ~1~~~~p,tojecFNumt]'ef:t:'~~~:~ :::--:~:~!;A'm'iiunt~.:~.-:, ~/. -'!AccountINlJlnbelfi::; ,~~?ip'roJeCt.Nun'-De~rI;iZ;::i ~~~~;~Am"'6Wnt~t
E 691.02.46.00.60140 37 500.00
E 691.02.47.00.60140 37 500.00
.tf2K J
_ (J -'- 36/klli
Aut;Jrized Signature
VENDOR COPY
I FORM #10 I
:C0N:TRAC+ APPROVAL'REQWEST FORM
L:~;,~.,:' .,.:.,:,-","~,;_;._..:::.,,,,:_ ",:...___..." ':'::'",~_..:....-.::...:~..;._~__..;.._,,_...,. ",.._.._..: ..,,_.;......~ ..,L..'-. .1...,,~_""::':"'.;..;.\.._..~:,._.._.
_.....:.. ._':'_.,.~.'..'.;J"":_.-l
C'IT Y 0 F
ASHLAND
Description of GOODS & SERVICES or PERSONAL SERVICES
Contractor/Consultant: 0< /' /.? '
CAt A 4'- "I-C-i!---Y c,/1'-n, ""-Pt- let ~ <<. <{/
~ attached contract
PUBLIC CONTRACTING REQUIREMENTS- Solicitation Process
D Exemot from Comoetitive Biddina D Invitation to Bid (Copies on file) D Emeraencv
Reason for exemption: D Written findings attached
D Quote or Proposal attached
CooDerative Procurement
D State of Oregon
Contract #
D State of Washington
Contract #
D Other govemment agency contract
Agency
~tra#
Int cy Contract
,.f!. t"1\~ency
_(gilntract #
D Small Procurement & Personal Services
Less than $5.000
Note: Total contract amount, including any
amendments may not exceed $6,000
D Reauest for Prooosal (Copies on file)
Please check one:
D Goods & Services
D Personal Services
Intermediate Procurement
GOODS & SERVICES
$5.000 to $75,000
D 3 Written Quotes
PERSONAL SERVICES
$5,000 to $75,000
D (3) Written Proposals
D Sole Source
D Written findings attached
D Quote or Proposal attached
S ecial Procurement
rillen findings attache
~uofe.oL~roposal.attached
Have all public contracting requirements been satisfied?
~
YES
If "NO", Council approval is required. Council approval received on
Total Amount
NO
(Date)
Have funds been budgeted for the purpose of this contract?
~.
YES
If "NO", Council approval is required. Council approval received on
NO
(Date)
Please provide: Account Number
-
-- -- ------
Is the amount of the contract less than $25,000?
YES
If "NO", Legal review is required. Contract was "Approved as to form" by the Legal Department on
Is the amount of the contract less than $75,000 for Goods & Services
or $50,000 for Personal Services? YES
If "NO", Council approval is required. Council approval received on
~..
NO
ct? g -~;2 - (D~)
E~~ Jr-:;6>
~ 7~cC
1I&<L~::f'
(Date) .t1-11. .u%.u..q
a~~
NO
Is the contract for a period of 24-months or less?
~
YES
If "NO", Council approval Is required. Council approval received on
NO
(Date)
Please provide terms:
Start date:
Completion date:
Can the contract be terminated for convenience thirty (30) or fewer days
following delivery of written notice to the contractor? YES
~
If "NO", Council approval Is required. Council approval received on
(fJaz
NO
(Date)
Pleased~
pproved
~1~.
Lee Tuneberg
3/;r ~&
I
Prepared by:
r{J fltt-6 c"
Department:
Date:
c::/9'- ~;;2 - /0
Date:
Form #10 - Contract Approval Request Form, Page 1 of 1, 3/15/2010
Not Approved
. t'
o ""
,
A request for a Purchase Order
REQUISITION FORM
CITY OF
ASHLAND
Date of Request:
3/3/10
THIS REQUEST IS A:
o Change Order(existing PO #
Required Date of Delivery/Service:
ASAP
Vendor Name
Address
.City, State, Zip
Telephone Number
Fax Number
Contact Name
Hunter Communications
801 Enterprise Drive
Medford, OR 97502
772-9282
Sam Ackley
SOLICITATION PROCESS
Small Procurement D Sole Source D Invitation to Bid
D Less than $5,000 D Written findings attached (Copies on file)
D Quotes (Not required)
Coooerative Procurement D Reauest for Prooosal
D. State of ORJWA contract (Copies on file)
Intennediate Procurement D Other govemment agency contract D Soeclall Exemot
D (3) Written Quotes D Copy of contract attached D Written findings attached
(Copies attached) D Emeraencv
D Contract # D Written findings attached
Special procurement approved by city council on March 2, 20 I O.
Six month extension@$15,OOO/month
Total Cost
Description of SERVICES
. Per attached Contract
Item # Quantity. Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number ______. ___
o Per attached QUOTE
Account Number 619.02.47.00.601400 & 691.02.46.00.601400
. Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
By signing this requisition form, / certify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can be provided upon request.
Employee Signatu~~
Michael Ainsworlh
Supervisor/Dept. Head Signature: .
chael Ainsworlh Interim IT Director
G: Finance\Procedure\A.P\Forms\PO req Hunter special procurement
Updated on: 313/2010