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HomeMy WebLinkAbout2015-184 Agrmt - Hunter Communications f~ H U T E Order GeeajoiiData' y 101 12013 ®rder F~eYaiis - • Order ORD- CircuitlD (CID) 5551001048 Quote QUO-02891-N8R1JC- V.0 Customer PO V (account Manager Sam Ackley 541-414-1420 saniP- hunteriber:cdm ' Field Engineer Micah Sinclair 541-414-1423 rnsiiicfairC°7hunterfiber.com Project Manager Jessida. Woods :50-414-1357 7iZoai0fiunterffbe66orn i Cusiomee1l3i111rt-4 Information "0000000049 ' Ct`1injP`cc,tMri,j(it3'~ 20 E. Main Street j r1liar~G City of Ashland cs ~'~D.Lt • : Ashlai►d, OR 97520 ~,f.It:QyCx p u111fi7, ~cGCrfc' Michael Ainsworth 541-552-2316 ainswmashiand.or.us I ~JnY{I:Cc Dan Hendrix 541-552-2441 Dan.hendrixa)ashtand.or.us I Jamie Snow/Sarah Henricksen 541-552:2010/541552-2059 payable(a?ashland.or_us I i` r 'I~`~•~'r Mrti > ~`0.00~ J~S`8&4.00 36, months 1 All Circuits quoted subject. to available qualified facilities. MRC: Monthly Recurn`n9 Cost, NRC: Npn-Reeurd qg Cost i *Renewal- No NRC l -MRC Is disbouriteii from standard cost of 5900 oa Sald discount will be appfred monihly for 36 month's from, the service acGvaGon dafe. Discount is i subject to change with any service modlfcatiohi requested by Customerthatresultln a lowerll4RC than originally detailed bereln. .Service Information Product Fiber Loop (x2) and 10OMbps EtherrietTransport 5ervice j A Location ! Service Address Ashland Police Department' Bandwidth I POP City, State, Zip Ashland, OR V o'rIP Addresses Required •tija Hun' Zer POP Construction Required no Interlace Port Local Contact Dan Hendrix Z Location Service Address Medford Police Dept: Bandwidth 1OOMbps E i S Radio Connection POP City, State, Zip Medford, Oft Construction Required Flunter POP ln4err'aee Poet Entry Local Contact Dan Hendrix Page ? - City of Ashland Hunter Initials Date z. 7. e,11 QUO-021391-NSRIX-V.0 Customer Initials Date H. U hl T E R ~jJ c~or~rr~l~nr~u6~tieor~~ - - D6jcri13i':i0n ' . Setice Noties' Customer to,receive: Contract Renewal- Site91-Ashland Police Deparcrnent .o $300.00 Tiber Loop Customer to receive a monthly discount of $36.00 for d total Site rr2- Medford Police Dept. !Radio Connection MRC of$96,~.00. : a $300:00•Fib& Loop a $300.60 10OMbps Ethernet Transport Service U (136.00) 36 month discount Special Terms and Gonr3iti6ns°' • NRG is pending completion of final engineering; any changes to NRCwill be setforth in a mutually agreed upon change.order or j addendum to this SO. ! I Order Acceptance On behalf of Hunter Communications ("Flu nter"), the undersigned authorized Hunter representative hereby submits the above services proposal to Customer. The offer becbmes•effective when accepted, signed, and returned to the. undersigned bj Customer. The term of this Agreement will begin upon service activation unless otherwise indicated herein. This Service order is valid for 30 ! days from the date of -issue ("Expiration Date") and if it is not accepted 'and made effective by Customer prior td Expiration Date, all ! pricing, dates, and terms are 'subject to c6ige. i Name: Richa: •W.R n) Wutl~~r Title: Pr i ent/ - 1 CornrrlUilkations Signature: Date. fs' 211 • I, the undersigned Customer, have read, understand, accept, and agree to the terms of this Service Order. This service. order is subject to the Hunter Master Services Agreement (VISA) and the• Hunter Acceptable Use Policy (AUP), available upon request and i posted to the Hunter web'site (i,,i -Av.h6hterriber.com). Additionally, I understand that a l changes to this Service Order must be in ! writing. Any changes to this Service Orcler may result in a revised installation date and additional charges may be imposed. The i above rates do not include any taxes, fees, or surcharges applicable to the service_ i Name: City of llsiZland Title: . i I Signature: bate: ,~c(112i~~d i`py~rifitC'•ia:0~ Pale 2 - City of Ashland QUO-02891-NSRIX - V.0 communications If Master Services Agreement - Data Services VO1.1.0 1. SERVICES .................................................................................................................................................................2 1.1. DATA SERVICES 2 1.2. INSTALLATION SERVICES 2 2. TERMS 3. CHARGES ...........................................................................................,......................................................................2 3.1. DATA SERVICES RATE ' 3.2. INSTALLATION SERVICES CHARGE 2 2 ' 3.2.1. UNINTERRUPTIBLE POWER SUPPLY 2 3.3. LATE PAYMENT, DEPOSIT, ELECTRONIC BILLING 2 3.4. TAXES FEES, GOVERNMENT CHARGES 2 4. SERVICE LEVELS ......................................................................................................................................................2 S. HUNTER FACILITIES ARID EQUIPMENT ..................................................................................................................2 5.1. REMOVAL 5.2. PROPER ENVIRONMENT 2 S.3. DAMAGE 2 2 6. RIGHTS AND OBLIGATIONS OF CUSTOMER ...........................................................................................................2 6.1. INSTALLATION 6.2. PREMISESACCESS 2 6.3. ACCEPTABLE USE POLICIES (AUP) 2 6.4. SYSTEM INTEGRITY 2 6,5. HUNTER EQUIPMENT MOVEMENT 3 3 7. TERMINATION .........................................................................................................................................................3 7.1. CESSATION OF SERVICE 7.2. CESSATION OFACCESS 3 7.3. TERMINATION FEE 3 3 8. NO WARRANTIES ............................................................................3 • 9. EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITVAND REMEDY; EXCLUSIVE REMEDY .............3 10. UNCONTROLLABLE CONDITIONS 11. SEVERABILI'rY 3 12. GENERAL PROVISIONS ..........................................................................................................................................3 13. HUNTER COMMUNICATIONS ACCEPTABLE USE POLICY FOR HUNTER IP PRODUCTS AND SERVICES ..............3 13.1 PROHIBITED USES OF HUNTER'S SYSTEMS, PRODUCTS AND SERVICES 3 13.2 TERMS OF SERVICE 13.3 HIGHSPEED DIRECT FIBER CONN ECTIO N 3 13.4 INTERNET PROTOCOL ADDRESSES 3 3 _ HUNTER T communications HUNTER DATA MSA - Vo1.1.0 The terms' herein apply to Data Service Orders or Agreements ("agreement(s);' "service order(s);" or "contract(s)") between Hunter Communications ("Hunter", "Contractor" or "Provider") and Customers ("Customer") utilizing Hunter's Fiber Optic Network (the "network" or "system"). gs. servmGCvaemcrcnmr pwrchaseand Hunter eammvnrodans Herrera ahmrnmvmeso a,aamcn damaoa to HUnur: ramrue anal regwamencacanv matron arlaner mrvstamw•nctnuxnca, mtc„uonan see -Mweed malnawanca or other cause within the reasonable control of Customer, Its employee or zewc, in a i. Date SWteG Dtta:ervlec pennltatens: by eucom=to HuntefsLelecommunicatton:system to event of arty loss or damage to Huntefs foeaitlc or equipment for which customer L gable. Customer shag receive:<pice(:) indtated on a service order or agreement (husefter'Aerccmcnt~attht point ofddivary looted. reimburse Hunterfor the icer ofthe rc=wable cast ofrepalrorthe actual cottofreplacement at the service location(s) a: Indicted therein. The point of delivery I: the Ioction where the network and _ Customer': system are Intercenncacd. The dap :-Muss provided shall meet all :Wlce standards at forth In 6. Rich= and obUstlor. of Csmmer. Seaion4 ofthL'ACreement 61 Installatran. customer :hall at IC expense undertake all necessary prepartlom required to a2 Installation services. Installation :WLc consl= of coordinating with eustomer.the necessary comply with Huntef: Installation and maintenance f struden: Such preparations Indudp obtaining all necessary .clneering. site survey, system wnfiguratlon and other:Wicc necaary to provide Wwomer Dan Service, cement for the installation and we of Hunter faellitles and/or equipment In the building- Including con:ants for These -1ces shall be provided up to the data that the:eMca assure 1. compisted based on Hunter: customary n"-,y aItuatran: to buadlnM anvrinC that any flow loadng limits will not be acceded; provtdinc suitable toting pm=dw=and the :=I= Is available to the Customer ('the zcmlce acceptance date"). accommodation:, foundation: and an environment to meetthe environmental specifications for HunterlrcludlnC an necessary trunklnt conduits and cable tmy: provtding sutable electric pm w and any other utnities needed by In addition, Hunter will provide the equipment (wlicdvely referred to as "Hunter facltltfesl necessary to cornea Hunter to Instant, test and or maintain Hunter's facilities and equipments prouldnC a suitable and safe working Cuwomcf: facilities to the network, crwlronmentfor Hunter: personnel, IndudinC an em ten==t safe from environmental hazards, and nklne up or mmovin6 In time to allow Hunter to carry out Instagatlon a- scheduled, any fitted or fixed floor cov"Inp, telling 2.Tems. ACreemenCwill be effective upon the date executed by Hunter and shall continue for the amount of time tnc, suspended aainn and partition conmCustomer will provide Hunter with ate= to all exiting conduits, asset forth In the:Wia order from the:Wlcestart-up date, unless. :aorwterminated a: provlded therein. In the mazzwoysand ate to be used In cable pathway. By avxptine an Agreement Ouzi r Implicitly provides Hunter, with event written notice L not Civen by dither perry to terminate an Agreement atiast30 day: priorto the tematnation purntwlon to we any ov,gable conduits In old pathway. date, said Agreement shall automatically revert to a month-to-month :ervicc basis on the came Leans and cendltlon: except for the ratespecified In old AereamontThe rate for cash wenston period hall be the mt. then Hunter is not responsible forthe condition orfill rate or any Cstomer provlded orcxLsting andult•, raceways and In effectas published by Hunter, at leave 2S days priorto termination date, etc to be used In cable po+h-16, Crwomerguarantees that old Path" me= all required t1i rate apadt(c and that all components ofale Pathwaymmplywlth NEC (National Electric Code) recommended'bmd atlas If, 3. Cargm Hunterugreestopmvtde data:Wtces forwhlch CUstomeroeme:To prbvlde consideration a: outlined durlntithecowre ofincilkltion,Nuntuenmunters cstamuprovlded candultwhich4unuobfe duet. excesalvc In .service ordercrAgreement rill ate, bend more w candldon latched, blocked, mf=fnr etc) additional material anti/orlabormay be required to camplem Insallatlon.AddAlonal matulal orlabor needed to complete Instagatlan:hall require prtorouthoreNon 31 Data Sevic= Rate. From the service :ar-up date, Customer :hag pay the ate oedried In byboth parlesin thefarm.cfa sFintd-Charec order.' Cuseame: Agreement for each month of service. If the service doe not begin on the fin day of a billing ydt, then payments for the first month shag be prorated on a dally ba:iz All asmunt will be Invoiced monthly, and on Any chances to the phyla) Installation IenCth:, delay. awed by adverse son/rock condition: and/or material sum: shall be paid bythefirt orflftcmth day of the following month (the 'due data); placeae hwolce a, contact requlmmena, and delays cawed by other contactor and/or mbeanamerar made after notice to proceed will vndnrr4l,unr..nben.a,n far details requIm a written'Ca,ee Orders and be considered due upon completion. Each aomrrena will be mulewed on an cna Individual bads, (unless othemL•e agreed upon by Contactor and customer) and any additional cc= Incurred will 321vllation Services Cargo. Customa:hatl Pay the I•ulLtlan charge ('Non-rceurrlntz Charge be the raspon:lalilty of Customer, Ali required change will be de:ufhW as 'additional work' and be billed or'NRC) specifics! In in Customef: Agreement for the 1=11ation -hiss provided by Hunter. Unless otherwise accardinciy only afterwritten approval has been reviewed and:fgned by both partite describing material, labor and specified, a Materials Deposit In the amount of 50% of the total NRC will be required an projects prior to compensation requirements ca uscmene The remalning NRC doll be due and payable upon candle Installation or the fiber termlruilnc hardware and therefore cablishlnit the due data of the Installation charge. and any prorated dem services for the contactor mail, after notice from Customer, commence work. At such time, Contra saw may dedcnam msourees start-up period and continue dligently In the performance of such work. contractor dart =Ploy:uffident cow, work suffident hour and/car zhl(=:o as W complete the mquirement within the time fames noted In an Agreement If no time 31.1. Unintenupuble Power Supply. Customer shall provide a form of unfntenuptlhle power for the fame for completion are provided, Contactor shall complete all service activation requirements within a fiber termination hardware and any Hunter fadlld= or equipment at the customers location. If the Customer doe rea:owblcpulodoftknenotmexcoed30•daysaftathoesttmted=rtdata Ewlmated:artdatr.(5) t7ved41r.w not provide an untntenuptible powersource, Huntwwlli provide one for the price listed below. :owner, afternatla to proceed has been given by Customer, material: have been radved and all preparatory and prdlminary requirements of this proposal have been atlfled, including the mcdpt of all necessary mchnfcal • APCUnlntemptible Pme Supply.S200.00(one needed fuc.ch location) Information from theCwtnmerand anywork orcon.•wdon pmnitzesociatedwiththeproject 3m Late Payment Deposit Electronic 3RMg. Payments received afterthe due date maybe subjected For the purpose afchange(e)To the contact, the followinit ate are to be wed wdea othervL•e agreed In writing; toa change of L"✓. per month on the unpaid balance atthe d1twetlon of Hunter. Humermayrequlre Cuaomerto sandard hourly labor ate per employee will be baled otSa5A0 per hounThl. hourly rare does net provide far any pay a deposit In ad-csofthc provision ofury:WILG.Hunter:hall hold zny:wh dcpo:ltln a non•IntarctbarinC matdalt(VAdvere:oa/rock condltiorc Cantacorwnl not be held responsible forthe removal of any material or account and used to satisfy (rn whole or In pan) any obllgadon of Customer under an Agreement Custom=: can obstructions such r lava rock large boulders, sandstone, concrete dabs/ddewalks or any other material- not stCn up for account maagement online atvnw.hunterlbtr.eem. online bill-pay, auto bill-pay and e-bllllnCapdons nonnallyremavedbyhandtrenchine.rbybackhoe-bucketzmchments). are av it able, Hunter will accept payments via check, ACH or =edit card (Yes/MC only). All Invoters will be:entvla r man unless futtemer rcquca e-blllingvla canine account management. There will be a $75.00 returned check fee 62 Promises Access. Customer shag provide Hunter or other person: authorized by Hunter with on all returned check:. sac (on both a routine and emergency bads) for the Implementation of an service accepanm date:, Customer win provide Hunter reasonable aces, to the Customer pmoltes where any Hunter facilities or equipment are 3A.Tmtc,Fc=, Government Charge. Customer agrees to pay any applicable taxes, fanthlse fees or In'=[led.Hunter:hag not brraponsible foranyfauit: on the network wanyfagum to perform the provisions ofan other e-vemmen=T ch.,Ces imposed upon Hunter Communication: by goverrIng body with jurL•ddonel authority Acratment to the extent that Hunter, In good faith, ricqufrc access, and any such fault: or factures or the over thlz zcMcc orfar we of public richt ofwaya and/orea:cments continuation themcf am a result of the failure of Nwom= to provide aec to the place at each location where 4. Swlce Levels. Hun[uwgl exercise fast=noble eKert•LO provide lntemct:Wfce an a24•hour-a-day,7-0ayper- Hurtwfadntrrs and/or equfpmentom Installed supportrngthe fallIngservlce ereonnedon, wcekbadm Customer undersands and aclmowledgc that Hunter does notvmrant that its Internet service will be (a) During Implementation, Hunter will normally arty out work required to lncthn and/or repair Huntefs facilities provided without Interruption. Customer abo undemmndm that the aw and speed for this service l• based on the and equipment during Its I.ornal working hour but may, an retsoluble notice, require sac at other times At utnImVan of burtable dam tmnsmi:Jan methodology where the full bandwidth conraacd for 1. to be utilized In Customer. request Hunte!=will carry outwork to Install Huntef: fadlitie: and equipment outside Hunter's regular burst: only and not continuously, unless othpwke inflated In Custone-Agreement Hunter may monitor worklnChour, in which evnt Customer agrees to pay overtime and any other appropriate charges agreed between Customer: bandwidth utilization In order W ensure that Customee, transmission: are within burmble utlamtron the partlm - ate Cuiddlnm These culdelines am zzubjea to dunce at any time by Hunter adna In It: cote dls=etlon, and oil such changes :hall be binding upon Customer upon written notice to customer by Hunter. (b) Any out-of-packet co:e, reasonably Incurred by Hunter, as a consequence of the dental of access by customer (or building owner) to any location :hag be paid by Custom- . Hunter :hag advise Cu tamerof any=h cast: on a in the event of a dam service ounce deemed to be at the Hunter service level, Hunter wing have a tcehnfdtn czsc-byca.c basis. Imm:trVting the [=us within 4 ho= aft=receiving ratification of the ounce from the Customer to the assigned service number provided to Customer. With respect to a falum of continuous Interruption which L• not excusedu 63. Acceptable Use Pogdes (AUP). Huntef: Acceptable Use Pone (AUP) 4• posted to our web :Ito provided in ML-.den w the-Ise, which exeeeds2. coweeudve hours I. duatlan-and efwhr h Hanlwm salvo (wwwhunturibu-mm) and is to be acknowledged and it.... by the customer at all rasuable timm customer written notice within 411 hours of such failure or lnterupdon,Hunter:hall credit"nunce. account with re:pett to shall comply with Huntefs acceptable use pogdm The accep4able we poRdes are subject to chance at arty time by the affected service by an amount equal to one-thirdeth ofthe reenring monthly charge for the:cNr,a for cash 2a Hunter adna In is sole dL=ctlan, and all such changes shall be binding upon Customer upon written notice to hour puled durlna which the failure or interruption contlnum Thl:cedit:hall be the sole and cocluslve remedy of Customer by Hunter. Customer with respect to any interruption or failure of the:Wics. (a) Customer shall be responsibleforthe we and compatibility of equipment ar corware not provided by Hunter. In No such cedt:hall be due, however, if the Int-ptlon L• caused by reasons beyond the reasonable control of the event that Customer we equipment or saftwam not provided by Hunter which impair owtomcf: Data Hunter orforma.w: related to scheduled network maintenance. Swvrcc or the network Customer shall nonetheless be liable for payment for as servt¢, Including without limitation any software provided by Hunter. Upon noticefrom Hunterthat any equipment ar softvare not provided S. Hunter Fa Tties and Equipment MytimterAdlitles and/or equipment insulted an oustomef: premles:hall by Huntul:ausing or Is Ilkdym cawean hazard. Inturerena,ar-mim obstruction, Cwtomusholi lmmediatdy be and remain the property, of Hunter and maybe repaired or replaced at anytime and removed at the termination eliminate the likelihood whamrd, intwfwance, orxrvlaobs'Wdon and If CUstamerflls to do:o,Huntermay If:Wiese, and may be used to supply othera:nmam of Huntsrwhether or not on the=me premL•m Norentor take such action as It deems required to eaminam such hazard, Interference orservice obstruction. other charge stall be made by Customer on Hunter for pladng or maintaining it: facilities or equipment upon Custgmees prcmt:= Hunter hall be entided, at any time, to affix to Hunter facilities or equipment a labd (b) Customerwgt onlycorre=tothe network wing Industry standard equipmerl%which complies and L•compa llibe Indladng the Interest of Hunter. After at Tart 46 hours notice, Customer will grant Hunter Communlcatlons or with the service specifications :et forth In applicable technical publications. Notwithstanding the undertaking of _ ceopeate with Hunter CommunicVan: In obtaining ra:onable access to It: premise: for the Installation, Customer In the prior sentence, If, In Huntefs ma=nable opinion, the teduhlal inteulty of the network or the operation, removal, repair and/or maintenance of the facilities and equipment for the:Wla: hereunder. In the :crvia being provided over the network to Customer or any other third party is beingjcapardiied or l: likely to be event that Customer does not provide Hunter With The necessary aaen to remove sold equipment angler facillges jeopardized as a result of the connection of any Cwtamu premL'es equipment to the network by Owlam=or by after the termination of:cmlce upon radving notification r indicated above, Hunter may 3== a fee to ommino any other activity for which Customer L respondble, Hunter may swpwd the previdon of the:eMce; to any equal to the remit cost of mid equipment and/orfadgtle plus 25% connealon:oaKeeted Following remedial action by Cwtom=atL•feaory Hunter, Hunterwai reinstate the service provided through that connection as soon as po: lble. S2 Removal. Cwtomerwill we reasonable efforts to ensure that Hunter faditle: and/or equipment are not removed or owed to be removed by any person, other than Hunter or without Hunter': prior wrlmen (c) Hunterrcervcthe right to allow or refuse to allow any make, model or=ftware revision ofctrwomerprovided consent. equipmcnttobeweda:agatcwaytoanynetworkaacs:. Cwtomerwlg moperamwith Hunter In :ettlnethe Initial 52 Proper EnviranmenG Customer :hall use rea=nabf le efforts to kccD the location of Huntefs conRCuration for Its equlpmcnrz In[erfacewth the ncmmrt fadlides and/car equipment In the properemtronmenta: spedfred by Huntar. (d) Hunter may from ttme'to time lout technical Instructions on the use of the network to -tom the proper functioning of the services Cr the protection of the network from damage or detulontlom Customer wig observe 53. Damage. Customer agrees to exudsa due are and caudon to protect Huntefs facintles and technical W-trudona equipment from the weather, vandalism and other potential problems Customer shag be liable for any los=s or 2 [-HUNTER communications HUNTER DATA MSA -V01.1.0 6i, System Integrity. Cumomerte cure anyvlolation (otherthan failure to Poo or the prow-lonc of an Agreementwlthln 30 days after rdcelvingwritten notlrcatton from Hunter. 191 IRMIJbfted Ut" of:Huntce. Systems, Produces and Services. 65.Hunter-Equipment Moycmcnt Customer 1: obligated to obtain written approval from Hunter L Tm-!T::ion,dlttrlbudon orctomCeofanymateril in W.Iman ofaryzppgeble law orreCUatlon prtar tb mwi.Eanyor. Hunter: eaulprl MOVInC ofequipmentwldtou[authort=Iran may mute damaCC and/cur I: pre: bitod ThL fndudo, without lbmodon,Material protected by eopyrlCht, tradern2k trade uteee•Aoutle- muaadpucge, due to the mewingofequipmentwithoutwritten authcrlatlon, will be the aeere[or other Intellectual property right Iced wlthouc proper authadauon, and material thatL sole ratpondbiaryafthe CO:tomcr. Cosa der repair parfomr<d by Hunter «rhnldana aao fruit ardamaCr due to cube'.: e,defamatory, eansle.ec an'leplrhreat orNala--orallo,v e or Hunter equipment than be bome by the Customer. No deduNOnt to brume will be made far 2. Scndfrg erns adtad ..If Cr_ indudrne the tcndtne of 'Junk air or aNar ad-..dnft Custom-ed autoget. material to Individu I= who did not -pacifically rcquctc aM+ material (cg, 'tmall epam'). ThL- Indudn but L- not limited to, bulk mallinC of commercial advMLltr. informational 7.TCrnination Eitherpzny maytarnlnmte an ACreement for must, provided written notice is Civen the other party announcement:, and pogtfo(tm=ttaL'a tndudes pazdnethe amt or dmUw m=gtto one er specifying the came for termination and reque:tlne correctlenwlthln 10 day: for falluro to pay a mm due, orwlthtn Marc new;Croup: (excessive aoa-pasdnC or myNplo-poaNC). Hunter accounts or service may 30 days for any other mu:E and such oleo Is not connected within the applicable perlod. Cause 1: any material rat be wad to collect replies to m=Cz sentfrom anotharf fteme Servfoe Provichtt hero throe breach of the term: of an ACreemcr4 including the failure to pay any amountwhw due, the filing of a pethlan In mmstCesvlolate till: Policy orthetofthe otherprovlderr, bankruptcy by or ZVI= Customer or Customa's Inability to meet oblleations when due, or failure of Hunter to 3. Unauthorized um, orforClnLofmag hwdertnfomzt[on (e,O,'-poorinC-). pmvfde amf= a: dcmned in the Aercement In the event of a failure to pay a :Yee due, Huntermay chooa to 4. Unauthorized attempts by a user to gain aerc to airy account or computer rcaurce, not tempomrliy deactlwte:mice In lieu of terminating old ACroamant For:ervfce deacavatlon(:), Hunter mu:troum bd.nCfnCto that war (EC., "aacklnC"J, all notlRotlon guidelines relatlnCta Agreement termination Octforth herds. In the eventofa:ervlm deaNvadon, S. OhtalnlnCorattemptlncto Obtain smlce bywrimeare erdevlcowith lntentto avoid payment Customer may have -lot reactivated by paying an :Ian: due, Hunter may a::-- a $50.00 service reconnection S. Unauthorized aecam altemtian, destruction, or any attempt thereef, of any information of any fee. Hunterwnl provide additional Information upon request - Hunter customers orendAm r: byanymeare: or device. 7. , K-.(,,Zty engage In any activities that will oust a deniafoftcrvlm (,,C., tynchr mined number 71 cessation ofSmlm Huntermay deny Cu.-tomeraaex to the network and cm:e to provide all or sequence attacks) to any Hunter citn mer: or end-wer. whtthu on the Hunter network or on part of any:.Nf- described In CuttomrX: Arfcementwlthou[ notice If Cu,-tomer another provlders network (e) violates any providnn ohppllcablc acceptable uso P.Ildc; & Uelng Huntce. Products; and Services to interfere with the use or the Hunter network by other (b) engoCrs In any conduct or activity that Hunter, In It: sole discetfon, reasonably be fevc customer crauthorked =or- a":kthatHunter may be subjeacd to dvft., IM(nil lld6ldam,chuges, or dnmaCc; or, S. Any op:nwtre(c network Is =Icily pmhfbited. Anytype of unauthorized service, sharing will be (c) would muse Hunter to be denied access or to lose smites byNuntc(s Intamet provider. :earthed for and Immediately Idendfied. Any Customer umvlgfng to bring down any such network will be terminated 73. Cecathon of Access. if Hunter mate to provide or denies Ciotti- -e s to the remark purwnt to thLsectfon,'other Customer-any of Its customers shag have any right Each Hunter IP customer L respondbit for the activitlet of Its customer bce/reprcentativescur end-user, and, by (a) to acoesthmuCh Hunter any materfel:stared on the Intirnat, atmpdnit -lco from Hunter, l: VCreonC to ensure that t nhstomers/reprGentativc or end-us= abide by this (b) to obtain any acmes otherwItc due to Cu.-timer, and such acrgt; hall be forrefted, or Policy. Complaints about amamer/rclamsentativc or end•wer. of Hunt" IP Customer will be farnirded to the (c) to acct.: third parry services, merdandlse or Information on the Internet throuCh Hunter. Hunter IP cusfomee. postmaatu for action. If vlolatlon: of the Hunter Cammunimdac Acceptable Use PoRW or Hunter:haU have no retpondblliryto notify any thlyd•parry, provider.of:mfcc, mcrhandl:e or A=ptoble Use Poliry(or HUAWIP Produce and 5mt=occur, Hunter reserve the riChtto terminate-cNiw with Information ofany discontinuance of anyservlces purwntto this section, nor any fcpon:fbgiry or take action to -top the offending customer from vfolatinC Hume(.AUP a: Hunter deem, appropriate, without for anycorcoquenec rcotgdngfrom fackofsurh noUgotlon. notieE 73. Termination pee. Either parry may terminate an Agreement upon 30 day- written notice to the 2=7rcrrre ofS,mlce. To eleure, that di Hunter Network were experience reliable:ervtco, Hunter requkes uccr to other party (Cirlon n" llmd" 1: allowed, Hunter will receive such notlffotlons at contracts@huntaffbercom), adhereta thefollowingtersand conditions.tryeu haveanyquctfan: orconcoms regarding Hunter serviat, all Upon early termination for any ro:on, other than material breach by Hunter Communications, or If Hunter the appropriate contact listed an your monthly billing statement Cable Modem customers need to contact their terminatt: the Agreement for muse, any and all tlsta(latlon waivers, at rates and charges atonally Incurred up to respective 15P. the date of termination, a: well as the full amount oth crwI c due to Hunter Communications over the full term of Connection. the ACrcement, will became immediately due and payable by Customer to Hunter Communlotlon:, unless 733 HiCh Speed 0r.% F, heir otherwise Indicated. a. No Wamnties, To the anent permitted by applicable law, Hunter Is providing the service: and the system ° No rest lint; of bandwidth :ervkc7 any wlydGS devices (flaributing Internet access or bandwidth and tiding but not limited to the Hunter faellitraz and/or equipment and any nods, to the network) a: Isand with an on Cusemmer premisc:hall be :oared and Identified to Contractor. faults, and hereby cROcla(ms all other warranties, if any, either expre: , Implied. statutory or Otheml--t with respect _ to any of the system and services provided or to be provided under an ACreemen, fncludinC but not limited warmntir, of merhtintabglN, fitnc; for a partictllar purpose, of lack of vfm,.w, lack of neelleence or lack of ° Bandwidth u:ewnibemomtored at the Hunter Head end. workmanlike effort Should a Business Service :[to exceed the maxbnwn sustained bandwidth contracted, you will receive a notIrmtron Hunter makesno vraranty. requlringyour service revel to btupgaded to match the needs of)mur business =Cc. (a) or tide, quiet ejoymcnt or rick ofinfrfnCem ntwith rapca to the tyicm or:ervice; web Hosting smlced are pertnLgtle wet, such it: a marketing firm ho;tine paean for their tumbmcr_ other :micas notyet Implemented may be allowed by written consent of Hunter Network AdminIsamdon. (b) that the operation of the system or smfee will be uninterrupted or error from 13A intemet Protocol AddreG Custom" may request provision of Interact Protocol (IP) Addresses by Hunter, 3. Exclusion of Certain Damage Umitation OfliabTtyAnd Remedy.&dusrvc Remedy. To the maximum gotten and Huntermay provide Ip Addfeam toCumam"in It: sole discretion. Hunter provided ]P Address ownership at all permitted by applicable law, In no mantwlR Hunter be liable under any-MM neellecnce,: rictllablllty, or other times will remain solely with Hunter, and Customer shag have re, riCht to use any Hunter provided ]P addresses thcoryfor anytpedal,Indirea, Inddentaf or can:equentlal damages (Including but not limited to damages for fez of excepts: permitted byMunter during the term of CUStwnersACrccment Hunter,in lessale and absolute dlacrcdon, profits for confidential or other Information, for business interruption, far personal injury, for its: of privacy, for may also need to chance or remove any and all audl IP Number and AddreztC, and will do :o with a Mnlmum failure to mcctany, dutyinduding ofCoodfalth or ofrw:orabie ores forncellCmtt, and for any other pecunlary of nodcc of(30) days to Cwtamer. other loss whaesoper) cutting out of or In any way related to any breach by Hunter of this Azmemem, to the provision or we of or Inability to we the".em arsmlces or other,vL•ewlth respect to any subject matter afthl: Hunter: allocation of lP Addm=ls isiimited by pcMdcand protocolretrorth bytheAmallmn Registry for Internet Agreement, even It Huntuha: been advised of the possibility ofamch damaem Number. (ARIN)• Hunterwill periodiolly rcviewlPAddrez u=rc, and If It L• determined thateustomeris not icing Hunterpravlded IP Addresses Inaccardan¢wlth AlUN'spolkitz, Hunterwgl revokezutherintlonto we aid iP Huntcts total ][ability to Customer under this Agreement and the tmnmafans contemplated hereby, Including Addrosez. All lP Addre"provided to CU-tomubyHuntwmmtbeutPkedwithln72 ho= oran.cad..if without limitation any liability of Hunter for any damages of any nature whatsoever, tnduding without limitation allemted IPAddr=w are not uUlbedwithin thlstime frame Hunter re:mes the rich[ to rotroct any and all unused direct or acbaf damages, shag be limited to the direct damages Ironed by Cwtome In actual and reasonable IP Address[: withoutnotifying the client reliance on theystem or:micc, which damage shelf no4 In the agcrcpte, acted 100% of the amount having actually been paid by Cetomcrto Hunter In the twelve month period immediately preceding the date on which the trod, Civingrise to the damages counted. Except for the provision of credits to Customer's account a; -pedGally provided In section 4, the rights and remedies canted to Cuttam" und"L,-aNon 3 concdtute Customize: ale and aduslve remedy against Hunter, ICs agents, effldaL• and cmplarr=for my and all dams arLlnC under =tatory or common few or othawl:a. Thanearenothirdparrybenofidadcofarty Arreemene Cues . creetthat Hunterzhollhavenollabnltyfoftha negligence, produces, swl= or websitG a( Customer, of a;fzter, of developer er cansultant: Identified of ' referred to Customer by Hunter, or of any other third parry, including but not limited to liability for the mntang quality and accuracy of thefortcoingwhleh are amcstlblebyw.t of the.system ar:ervfcc of Humer. 10.1.1ncontroll3ble Condiidont. NeltherpartythallbedeemedtnvfolatlonofanyAcreementiflt L•prmcntcdrmm performing any of the obnCatlona under cold Agreement by reason of;evert weather and ;torn..^, tarthgmkcz or other natural orcvrcncG; =fit= or other labor unvc t, power fanurm; nudes or other dull or military emergenclmpace al IepJ9adve; judicial; aewtivc or adminivatlve authorities or arty other drcamtancc v/nid, are not within Its reasonable contraC 1L 3evembRiry. In the event that a punt, Cevemmemal aCency, or regulatory body with proper jurlmledon determincthac any ACreement or a provision of=Td Agreement L unlawful th e Acrecmen, or that pmvLron of the AEraemcnt to the extent I[la umawful,:lall tarmtnate, it a providon of an Arreamant L tamfnated but the parlG on legally, commedagy and practicably cantlnuewithout the termino"d Pravislon, the remainder of that AgrccmentsheU mntinucln eKect , 1Z General Previdom Failure or delay by other party to exardse arty right or pr(vIteCe under an Agreement and/cur the term: herein will not operate as a waiver of such right or privilege. Customer may assign an ACreament only with the concen[ of Hunter. An Atteemert cactitutc the enure understanding between Customer and Hunter ' with respeecto Smico provided therein andsvparedG any pdorAgreemetlts or under-tandings 13. Hunter Communications Acceptable Use Pogryfor Hunter 19 Producesard 5micc. Hunter Communications Aeeptable Use Policy (the "Policy") for Hunter IP Produces and Service L dolor ed to help protect Hunter, Hunter: customers and the Internet ommuniry In general from Irresponsible or, In some o:e:, - Illegal activities. The Policy Is a ncn-aduzlve list of the action, prohibited by Hunter Communication Hunter Communications rcmes the right to modify the Pollcyat any time. H U N T E R • ~ c o m m u n c a t 7 o n. Hunter Communications Acceptable Use Policy for Hunter Internet/Intranet Products and Services Hunter Communications Acceptable Use Policy (the "Policy") for Hunter Internet/Intranet Products and Services is designed to help protect Hunter, Hunter's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non- exclusive list of the actions prohibited by Hunter Communications. Hunter Communications reserves the right to modify the Policy at any time. Prohibited Uses of Hunter's Systems, Products and Services. ' 1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. 2. Sending unsolicited mail messages, including the sending of junk mail" or other advertising material to individuals who did not specifically request such material (e.g., "e-mail spam"). This includes, but is not limited to, bulls mailing of commercial advertising, informational announcements, and political tracts. It also includes posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting). Hunter accounts or services may not be used to collect replies to messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. 3. Unauthorized use, or forging, of mail header information (e.g., "spoofing"). 4. Unauthorized attempts by a user to gain access 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, destruction, or any attempt thereof, of any information of any Hunter customers or end-users by any means or device. 7. Knowingly engage in any activities that will cause a denial-of-service (e. g., synchronized number sequence attacks) to any Hunter customers or end-users whether on the Hunter network or on another provider's network. 8. Using Hunter's Products and Services to interfere with the use of the Hunter network by other customers or authorized users. 9. Any open wireless network is strictly prohibited: Any type cif unauthorized service sharing will be searched for and immediately identified. Any Customer unwilling to bring down any such network will be terminated 1 H U yI~T T i E n R c a m m a c e Each Hunter IP customer is responsible for the activities of its customer base/representatives or end-users and, by accepting service from Hunter, is agreeing to ensure that its customers/representatives or end=users abide by this Policy. Complaints about customers/representatives or end-users of Hunter IP Customer will-be forwarded to the Hunter IP customer's postmaster for action. If violations of the Hunter Communications Acceptable Use Policy occur, Hunter IP customer's Products and Services reserves the right to terminate services with or take action to stop the offending customer from violating Hunter's AUP as Hunter deems appropriate, without notice. 2 0 IF -.S HIL. N D cauncH CoMMUnR'Cation ebr uanj 189 2 X149 Busy nszz Mep_Ung Sole Source Procurements - Two Public Contracts with Hunter Communications for Data and Radio Fiber Optic Network Services FROM Terry Holderness, Police Chief, teny.holdemess cr,ashland.or.us Gail Rosenberg, Administrative Analyst, aail.rosenberanashland.or.us S UAEV AIRY The Ashland Police Department's existing dispatch system requires data and radio fiber optic network connections between the Ashland Police Department and the Medford Police Department's dispatch center. The data and radio network connections must be supported 24 hours a day and 7 days a week to support police operations. At this time Hunter Communications is the only known company that can provide and support these two network connections. The Ashland Police Department intends to enter•into a 36 month contract for the data network connection and a 36 month contract for the radio network connection. BACKGROUND AND POLICY VI P]LICA.TIONS: The Ashland Police Department has been contracting with Hunter Communications for these services for approximately 10 years. Diligent efforts were made by City staff to locate additional service providers, but once again found that Hunter Communications is the only service provider that can provide these support services in this area. Section 2.50.090 Exemptions from ]Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model , Rules except for the following: F. Sole Source Procurements - a public contract in which the Department Head finds in writing that there is only one provider of a product or service of the quality and type required available. 1. Sole-source procurements shall be awarded in accordance with ORS 279B.075 and all other applicable provisions of law. FISCAL EVIPLICATIONS: Funds are budgeted annually for these services. The contract for the radio network connection is $ 864.00 per month for a total cost of $31,104.00 for 3 6 months. And, the contract for the data network connection is $648.00 per month for a total cost of $23,328.00 for 36 months. The total amount for both of the 36- month contracts is $54,432.00. STAFF RIEC®MIENDATION AI D REQUESTED ACTION,: Staff recommends that Council approve the two contracts with Hunter Communications for data Page I -P2 - II u ~t IF -ASHLAND network and radio network connection. SUG G]EST]EI~ MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Sole Source Procurements with Hunter Communications for radio and data network connections. ATTAC]8TW ENTS: Hunter Communications Contract for Radio Connection Hunter Communications Contract for Data Connection Patre 2 of 2 FORM #5 ASHLAND SOLE-SOURCE D E'I[`1EIESN NA.`7I`IION AI`~TD V17RI7I T EN ]FI NDD'gGS, GOODS AND SERVICES Less than $x.00,00®: To: Terry Holderness ]From: Gail Rosenberg Date: February 18, 2014 Re: Sole Source Determination and Written IFiudinas for Goods and 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 tot2.l value of contract: $54,432.00 Network connection: RADIO DATA Monthly rate: $864.00 $648.00 Total amount for 36-month contract: $31,104.00 $23,328.00 Project name: Data and Radio ]Fiber Optic Network Services Description of goods and services: The Ashland Police Department's existing dispatch system rewires data and radio fiber optic network connections between the Ashland Police Department and the Medford Police Department's dispatch center. The data and radio network connections must be supported 24 hours a day and 7 days a week to support police operations. At this time Hunter Communications is the only known company that can provide and support these two network connections. .q Background: The Ashland Police Department has been contracting with Hunter Communications for these services for many years. Diligent efforts -were made by City staff to locate additional service providers, but once again found that Hunter Communications is the only service provider that can provide these support services in this area. ]Findings: (The findings below must include actual information supporting the determinationZ. Form 45 - Sole Source-Goods and Services - Less than $100,000, Page 1 of 2, 2/1312014 MarketResearch Over&U funding: fln.accordance with ORS 279B. 075. these are the examples of findings that should be addressed Select at least one of the findings and prepare the determination as it syecifzcally relates to the goods or services being- procured. More than one finding can be addressed The findings are as follows- 7 The IT Department was able to identify only two companies who couli provide this type of data communication service to the sites required: Hunter Communications in.d Charter Business Communications. o Hunter was the original provider who set up the original service and has been supplying it continuously for the past 10+ years. o For the purposes of this contract, Charter Communications was deemed unresponsive. After two initial phone calls, establishing that this was a type of service that they might be interested in providing, Charter failed to respond to any further telephone calls, and the business phone number they provided us now says that the "number has been changed or disconnected." ]Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utnlizationn of existing goods requires the acquisition of compatible goods or services from only one source. N/A Pursuant to ORS 279B.075 (2)(lb): ]Provide findings supporting your determination that the goods or services required for the exchange of software or data with other r-pulblic or private agencies are available from' only one source. Currently, Hunter Communications is the only service provider that can provide these support services in this area. ]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. See market research findings above. Form #5 - Sole Source -Goods and Services- Less than $100,000, Page 2 oft, 2/13/2014 Page 1 / 1 CITY OF _ . ASHLAND DATE PO NUMBER 20 E MAIN ST. 7/10/2015 12974 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000082 SHIP TO: City of Ashland - Police Dept. HUNTER COMMUNICATIONS, INC. 1155 E MAIN STREET 801 ENTERPRISE DR ASHLAND, OR 97520 CENTRAL POINT, OR 97502 FOB Point: Ashland Req. No.: Terms: Net 15 days Dept.: Req. Del. Date: Contact: Lynn Merrifield Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price 12.00 Mo Monthly bandwidth service radio/CAD/RMS 652.95000 7,835.40 to Medford FY 16 - $652.95 per month 8.00 Mo FY 17 - $652.95 per month 652.95000 5,223.60 Hunter Agreement - 36 Months Expiration date: February, 2017 SUBTOTAL 13 059.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 13,059.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 110.06.09.00.60416 13,059.00 r Authorize6 Signature S VENDOR COPY FORM #3 CITY OF -ASHLAND REQUISITION Date of request: Required date for delivery: Vendor Name Hi intar Cnmmnnicatinng Address, City, State, Zip 801 Fnternriga Dr Stp. 101 Cantral Pnint oR gi sog Contact Name & Telephone Number 541-734-2800 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ® Sole Source Contract # GOODS & SERVICES ® Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ® Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: (Date) I Description of SERVICES Total Cost Monthly bandwidth servicelradio/CADIRMS to Medford FY 2016-$652.95 per month x 12 months FY 2017-$652.95 per month x--12-months ~ Approved b council on 02118114 -80 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quote/proposal Project Number Account Number 110.06.09.00.604160 13 vS y.crtb Account Number 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: IT Director Date Support -Yes /No By signing this requisition lm,-i-eertify--thhaat-the-Cifypublic contracting requirements have been satisffii Employee: ~_S7 TU~1 c 0 DeNartment Head: (EqualYo or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year 4w/ NO Finance Director- (Equal to orgrealUthan $5,000) Date Comments. Form #3 - Requisition