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HomeMy WebLinkAbout2003-195 Agrmt - Core Digital Service Core digital services Tnternet / Tntranet Service Agreement Vo1.7.4.0 I. SERVICES ................................................................................................................................................................. 3 1.1. DATA SERVICES ..................................................................................................................................................... 3 1.2. INSTAL[AIION SERVICES ........................................................................................................................................... 3 2. IERM ...................................................................................................................................................................... 3 3. CHARGES .................................................................................................................................................................. 3 3.1. DATA SERVICES RATE ............................................................................................................................................... 3 3.2. INSTALLATION SERVICES CHARGE ............................................................................................................................. 3 3.3. LATE PAYMENTt DEPOSIT .........................................................................................................................................3 4. SERVICE LEVELS .................................................................................................................................................... 3 5. COREDS FACILITIES .............................................................................................................................................. 3 5.1. REMOVAL .............................................................................................................................................................. 4 5.2. PROPER ENVIRONMENT ...........................................................................................................................................4 S.3. DAMAGE ................................................................................................................................................................. 4 6. RIGHTS AND OBLIGATIONS OF CUSTOMER ............................................................................................................ 4 6.1. INSTALLATION ....................................................................................................................................................... 4 6.2. PREMISES ACCESS .................................................................................................................................................. 4 6.3. ACCEPTABLE USE POLICIES ......................................................................................................................................4 6.4. SYSTEM INTEGRITY ................................................................................................................................................ 4 6.S. COREDS EQUIPMENT MOVEMENT .............................................................................................................................. 4 7. TERMINATION .......................................................................................................................................................... 4 7.1. CESSATION OF SERVICE ........................................................................................................................................... 5 7.2. CESSATION OF ACCESS ............................................................................................................................................ 5 7.3. TERMINATION FEE .................................................................................................................................................. 5 8. NO WARRANTIES .................................................................................................................................................... 5 9. EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY AND REMEDY; EXCLUSIVE REMEDY ............. 5 10. UNCONTROLLABLE CONDITIONS ......................................................................................................................... 5 I1. SEVERABILITY ...................................................................................................................................................... 5 12. GENERAL PROVISIONS ......................................................................................................................................... 5 13. COREDS DIGITAL SERVICES ACCEPTABLE USE POLICY FOR COREDS IP PRODUCTS AND SERVICES ................ 5 13,L PROHIBITED USES OF COREDS's SYSTEMS, PRODUCTS Arid SERVICES ........................................................................... 6 13.2 TERMS OF SERVICE ................................................................................................................................................ 6 13.3 HIGH SPEED DIRECT FIBER CONNECTION .............................................................................................................................. 6 13.4 ACCEPTABLE USE POLICY ................................................................................................................................ 6 801 Enterprise Drive · Ste. 102 · Central Point, Oregon 97502 (541) 734-2800 · Fax (541) 772-4805 · www. coreds.net ore digital services Agreement between Core Digital Services (CoreDS) and Customer named below for CoreDS' ("Data Services") on CoreDS's telecommunications system through its fiber optic network (the "network" or "system"). Customer Name: City of Ashland (P.D.) Key Billing Contact: Michael Bianca Billing Address: 1155 E. Main, Ashland, OR, 97520 Email Address: Michael@ashland.or.us Premises Address (if different); Ashland P.D. to Medford P.D. connection. Service Address (if different): Branch Address (if different): CoreDS Initials_~.~z~Date. ~ Customer Initials,_ [~.~.~","~ Date 1, Services. Customer shall purchase and Core Digital Services (CoreDS) shall provide to customer: 1,1. Data Services, Data Services permit access by customer to CoreOS' telecommunications system at the point of delivery located in the Customer's premises described above. The point of delivery is that location where the network and Customer's system are interconnected. 1.2. Installation Services. Installation services consist of coordinating with Customer the necessary engineering, site survey, system configuration and other services necessary to provide Customer Data Services. These services shall be provided up to the date that the service testing is completed based on CoreDS' customary testing procedures and the service is available to the Customer ("the service acceptance date'g. In addition, CoreDS will provide the equipment (collectively referred to as "CoreDS facilities'g necessary to connect Customer's facilities to the network. 2. Terms. This agreement will be effective upon the date executed by CoreDS and shall continue for twelve months, unless sooner terminated as provided in this agreement. In the event written notice is not given by either party to terminate this agreement at least 30 days prior to the termination date, this agreement shall be extended on a month to month basis on the same terms and conditions except for the rate specified in section 3. The rate for each extension period shall be the rate then in effect, as published by CoreDS, at least 45 days prior to termination date. 3. Charges. CoreDS agrees to provide an Intemet connection service for which Customer agrees to provide consideration as outlined below: Point to Point: $600.00 billed monthly Level of Service PTP Initial Date Point to point leased lines can be added for each branch location for which Customer agrees to at the costs outlined below. Additional branch locations are to be billed at $300/ea. monthly plus installations charges. With 10/100Nbps of internal connectivib/, branch locations will also have [ntemet service capped off at the home sites limits agreed to above. Number of Additional Branches Initial Date 3.1. Data Services Rate. From the service start-up date, Customer shall pay the rate specified above for each month of service. Tf the service does not begin on the first day of a billing cycle, then payments for the first month shall be prorated on a daily basis. All accounts will be invoiced on the first day of each month, and all sums shall be paid within 20 days after the date of the monthly billing for services (the "due dateO. 3.2. Tnstallation Services Charge, Customer shall pay the instaJlation charge specified below for the installation services provided by CoreDS which charges shall be due and payable upon onsite installation of the fiber terminating hardware and therefore establishing the due date of the installation charges and any prorated data services for the start up period. Hardware and fiber installation: $750.00 one time fee per location. 3.2.1. Uninterruptible Power Supply. Customer shall provide a form of uninterruptible power for the fiber termination hardware and any CoreDS facilities at the Customers location. If the customer does not provide a uninterruptible power source, CoreDS will provide one for the price listed below. APC Uninterruptible Power Supply: $200.00 (one needed for each location) 3.3. Late Payment, Deposit. Payments received after the due date may be subjected to a charge of 1V2% per month on the unpaid balance at the discretion of CoreDS. CoreDS may require Customer to pay a deposit in advance of the provision of any service, CoreDS shall hold any such deposit in a nondnterest bearing account and used to satis~ (in whole or in part) any obligation of Customer under this agreement. 4. Service Levels. CoreDS will exercise reasonable efforts to provide Intemet service on a 24-hour-a-day, 7-day-per week basis. Customer understands and acknowledges that CoreDS does not warrant that its Intemet service will be provided without interruption. Customer also understands that the rates and speed for this service is based on the utilization of burstable data transmission methodology where the full bandwidth contracted for is to be utilized in bursts only and not continuously. CoreDS may monitor CUStomers' bandwidth utilization in order to ensure that Customer's transmissions are within burstable utilization rate guidelines. These guiddines are sublect to change at any time by CoreDS acting in its sole discretion, and all such changes shall be binding upon Customer upon written notice to Customer by CoreDS. In the event of a Intemet service outage deemed to be at the CoreDS service level, CoreDS will have a technician investigating the issue within 4 hours after receiving notification of the outage from the Customer to the assigned service number provided to customer from time to time. With respect to a failure of continuous interruption which is not excused as provided in this section or otherwise, which exceeds 24 consecutive hours in duration, and of which CoreDS receives written notice within 48 hours of such failure or interruption, CoreDS shall credit Customer's account with respect to the affected service by an amount equal to one-thirtieth of the recurring monthly charge for the service for each 24-hour period during which the failure or interruption continues. This credit shall be the sole and exclusive remedy of Customer with respect to any interruption or failure of the service. No such credit shall be due, however, if the interruption is caused by reasons beyond the reasonable control of CoreDS or for reasons related to scheduled network maintenance. S, Core DS Facilities. Any CoreDS facilities installed on Customer's premises shall be and remain the proper~ of CoreDS and may be repaired or replaced at any time and removed at the termination of service, and may be used to supply other customers of CoreDS whether or not on the same premises. No rent or other charge shall be made by Customer on CoreDS for placing or CoreDSInitials ~. Date Customer Init a ~_,.~x/~ Date,/~ maintaining its facilities upon Customer's premises. CoreDS shall be entitled, at any time, to affix to CoreDS facilities a labd indicating the interest of CoreDS. 5.1. Removal. Customer will use reasonable efforts to ensure that CoreDS facilities are not removed or caused to be removed by any person, other than CoreDS or without CoreDS' prior written consent. 5.2. Proper Environment. Customer shall use reasonable efforts to keep the location of CoreDS' facilities in the proper environment as specified by CoreDS. 5.3, Damage. Customer agrees to exercise due care and caution to protect CoreDS' facilities from the weather, vandalism and other potential problems. Customer shall be liable for any loss or damage to CoreDS' facilities at any location arising from Customer's negligence, intentional act, unauthorized maintenance or other cause within the reasonable control of Customer, its employees or agents. In the event of any loss or damage to CoreDS' facilities for which Customer is liable, Customer shall reimburse CoreDS for the lesser of the reasonable cost of repair or the actual cost of replacement. 6. Rights and Obligations of Customer, 6.1. Installation. Customer shall at its expense undertake all necessary preparations required to comply with CoreDS' installation and maintenance instructions. Such preparations include obtaining ail necessary consents for the installation and use of CoreDS facilities in the building, including consents for necessary alterations to buildings; ensuring that any floor Ioading limits will not be exceeded; providing suitable accommodations, foundations and an environment to meet the environmental specifications for CoreDS including all necessary trunking, conduits and cable trays; providing suitable electric power and any other utilities needed by CoreDS to install, test and or maintain CoreDS' facilities; providing a suitable and safe working environment for CoreDS' personnel, including an environment safe from environmental hazards; and taking up or removing, ~n time to allow CoreDS to carry out installation as scheduled, any fitted or fixed floor coverings, ceiling tiles, suspended ceilings and partition covers. 6.2. Premises Access. Customer shall provide CoreDS or other persons authorized by CoreDS with access (on both a routine and emergency basis) for the implementation of all service acceptance date; Customer will provide CoreDS reasonable access to the Customer premises where any CoreDS facilities are installed. CoreDS shall not be responsible for any faults on the network or any failure to perform the provisions of this agreement to the extent that CoreDS, in good faith, requires access, and any such faults or failures or the continuation thereof are a result of the failure of Customer to provide access to the place at each location where CoreDS facilities are installed supporting the failing service or connection. (a) During implementation, CoreDS will normally carry out work required to install and/or repair CoreDS' facilities during its normal working hours but may, on reasonable notice, require access at other times. At Customer's request, CoreDS will carry out work to install CoreDS' facilities outside CoreDS' regular working hours, in which event Customer agrees to pay overtime and any other appropriate charges agreed between the parties. (b) Any out-of-pocket costs, reasonably incurred by CoreDS, as a consequence of the denial of access by 4 Customer (or building owner) to any location shall be paid by Customer. CoreDS shall advise Customer of any such costs on a case by-case basis. 6.3. Acceptable Use Policies. Customer shall comply with CoreDS' acceptable use policies. The acceptable use policies are subiect to change at any time by CoreDS acting in its sole discretion, and all such changes shall be binding upon Customer upon written notice to Customer by CoreDS. 6.3.1 Customer shall be responsible for the use and compatibility of equipment or software not provided by CoreDS. In the event that Customer uses equipment or software not provided by CoreDS which impairs Customer's Data Services or the network, Customer shall nonetheless be liable for payment for all service, including without limitation any software provided by CoreDS. Upon notice from CoreDS that any equipment or software not provided by CoreDS is causing or is likely to cause an hazard, interference, or service obstruction, Customer shall immediately eliminate the likelihood or hazard, interference, or service obstruction and if Customer fails to do so, CoreDS may take such action as it deems required to eliminate such hazard, interference or service obstruction. 6.3.2 Customer will only connect to the network using industry standard equipment, which complies and is compatible with the service specifications set forth in applicable technical publications. Notwithstanding the undertaking of Customer in the prior sentence, if, in CoreDS' reasonable opinion, the technical integrity of the network or the service being provided over the network to Customer or any other third party is being jeopardized or is likely to be jeopardized as a result of the connection of any Customer premises equipment to the network by Customer or by any other activity for which Customer is responsible, CoreDS may suspend the provision of the services to any connection so affected. Following remedial action by Customer satisfactory CoreDS, CoreDS will reinstate the service provided through that connection as soon as possible. 6.3.3 CoreDS reserves the right to allow or refuse to allow any make, model or software revision of customer-provided equipment to be used as a gateway to any network access. Customer will cooperate with CoreDS in settin9 the initial configuration for its equipment's interface with the network. 6.3.4 CoreDS may from time to time issue technical instructions on the use of the network to ensure the proper functioning of the services or the protection of the network from damage or deterioration. Customer will observe technical instructions. 6.4. System Integrity. Customer to cure any violation (other than failure to pay) of the provisions of this agreement within 30 days notice by CoreDS. 6.5. CoreDS Equipment Movement. Customer is obligated to obtain written approval from CoreDS prior to moving any of CoreDS' equipment. Hoving of equipment without authorization may cause damages and/or an outage. A customer caused outage, due to the moving of equipment without written authorization, will be the sole responsibility of the customer. The costs to repair any damages by CoreDS technicians shall be borne by the CUStomer. No deductions to billing will be made for customer caused outages. 7. Termination Either party may terminate this agreement for cause, provided written notice is given the other party specifying CoreDS Initials~Date · Customer InJtials~...~Z././~,7 Dat~/~.-/~ L-Z) ~ the cause for termination and requesting correction within 10 days for failure to pay a sum due, or within 30 days for any other cause, and such cause is not corrected within the applicable period. Cause is any material breach of the terms of this agreement, including the failure to pay any amount when due, the filing of a petition in bankruptcy by or against Customer or Customer's inability to meet obligations when due; or failure of CoreDS. CoreDS will furnish copies of such policies upon request. 7.1. Cessation of Service. CoreOS may deny Customer access to the network and cease to provide all or part of any services described in this agreement without notice if Customer (a) violates any provision of applicable acceptable use policies; (b) engages in any conduct or activity that CoreDS, in its sole discretion, reasonably believes causes a risk that CoreDS may be subjected to civil or criminal litigation, charges, or damages; or (c) would cause CoreDS to be denied access or to lose services by CoreD$' internet provider. 7.2. Cessation of Access. [f CoreDS ceases to provide or denies Customer access to the network pursuant to this section, neither Customer nor any of its customers shall have any right (a) to access through CereDS any materials stored on the internet, (b) to obtain any credits otherwise due to Customer, and such credits shall be forfeited, or (c) to access third party services, merchandise or information on the internet through CoreDS. CoreDS shall have no responsibility to notify any third-path/ providers of services, merchandise or information of any discontinuance of any services pursuant to this section, nor any responsibility for any consequences resulting from lack of such notification. 7.3, Termination Fee. [f CoreDS terminates this agreement for cause, or if Customer terminates this agreement without cause, Customer shall pay CoreDS a termination fee equal to the lesser of (a) the remaining charges applicable through the end of the scheduled term, or (b) six month charges. 8. No Warranties. To the extent permitted by applicable law, CoreDS is providing the services and the system (including but not limited to the CoreDS facilities and any access to the network) as is and with all faults, and hereby disclaims all other warranties, if any, either express, implied, statutory or otherwise with respect to any of the system and services provided or to be provided under this agreement, including but noL limited warranties of merchantability, fitness for a particular purpose, of ]ack of viruses, lack of negligence or lack of workmanlike effort. CoreDS makes no warranty: (a) of title, quiet enjoyment or lack of infringement with respect to the system or services; (b) that the system or services are "year 2000" compliant; and (c) that the operation of the system or service will be uninterrupted or error flee. 9. Exclusion Of Certain Damages; Limitation Of Liability And Remedy; Exclusive Remedy. To the maximum extent permitted by applicable law, in no event will CoreDS be liable under any contract, negligence, strict liability or other theory for any special, indirect, incidental or consequential damages (including but not limited to damages for loss of proflt~ for confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary of other loss whatsoever) arising out of or In any way related to any breach by CoreDS of this agreement, to the provision or use of or inability to use the system or services or otherwise with respect to any subject matter of this agreement, even if CoreDS has been advised of the possibility of such damages. CoreDS' total liability to customer under this agreement and the transacfions contemplated herby, including without limitation any liability of CoreDS for any damages of any nature whatsoever, including without limitation direct or actual damages, shall be limited to the direct damages incurred by customer in actual and reasonable reliance on the system or services, which damages shall not, in the aggregate, exceed 100% of the amount having actually been paid by customer to CoreDS in the twelve month period immediately preceding the date on which the breach giving rise to the damages occurred. Except for the provision of credits to customer's account as specifically provided in section 4, the rights and remedies granted to customer under this section 9 constitute customer's sole and exclusive remedy against CoreD$, it's agents, officials and employees for any and all claims arising under statutory or common law or otherwise. There are no third party beneficiaries of this agreement. Customer agrees that CoreDS shall have no liability for the negligence, products, services or websites of customer; of affliates; of developers or consultants identified of referred to customer by CoreDS; or of any other third party, including but not limited to liability for the content, quality and accuracy of the foregoing which are accessible by use of the system or services of CoreDS. :1.0. Uncontrollable Conditions. Neither path/ shall be deemed in violation of this agreement if it is prevented from performing any of the obligations under this agreement by reason of severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; acts of legislative; judicial; executive or administrative authorities; or any other circumstances which are not within its reasonable control. 11. Severability, in the event that a court, governmental agency, or regulatory body with proper }urisdiction determines that this agreement or a provision of this agreement is unlawful, this agreement, or that provision of the agreement to the extent it is unlawful, shall terminate, if a provision of this agreement is terminated but the parties can legally, commercially and practicably continue without the terminated prowsion, the remainder of this agreement shall continue in effect. 12. General Provisions. Failure or delay by either party to exercise any right or privilege under this agreement will not operate as a waiver of such right or privilege. Customer may assign this agreement only with the consent of CoreDS, This agreement constitutes the entire understanding between Customer and CoreDS with respect to Service provided herein and supersedes any prior agreements or understandings. 13, CoreDS Digital Services Acceptable Use Policy for CoreD$ ZP Products and Services CoreDS Digital Services Acceptable Conduct Policy (the "Policy") for CoreDS [P Products and Services is designed to help protect CoreDS, CoreDS' customers and the [nternet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non exclusive list of the actions prohibited by CoreDS Digital CoreDS Initials~/~_Date Customer Initials ~.//./ Date ./~ / ~: c'~ Services. CoreDS Digital Services reserves the right to modify the Policy at any time. 13.1 Prohibited Uses of CoreDS' Systems, Products and Services 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 contrd 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, bulk 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). Core!DS 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. 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 CoreDS 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 CoreDS customers or end-users whether on the CoreDS net~vork or on another provider's nel~vork. 8. Using CoreDS's Products and Services to interfere with the use of the CoreDS network by other customers or authorized users. 9. Any open wireless network is strictly prohibited. Any type of unauthorized service sharing will be searched for and immediately identified. Any Customer unwilling to bring down any such network will be terminated Each CoreDS ]P customer is responsible for the activities of its customer base/representatives or end-users and, by accepting service from CoreDS, is agreeing to ensure that its customers/representatives or end users abide by this Policy. Complaints about customers/representatives or end users of CoreDS :[P customer will be forwarded to the CoreDS IP customer's postmaster for action. ]f violations of the CoreDS Digital Services Acceptable Use Policy occur, CoreDS IP customer's Products and Services reserves the right to terminate services with or take action to stop the offending customer from violating CoreDS's AUP as CoreDS deems appropriate, without notice. 13.2 Terms of Service To ensure that all CoreDS Network users experience reliable service, CoreDS requires users to adhere to the forlowing terms and conditions. If you have any questions or concerns regarding CoreDS service, call the appropriate contact listed on your monthly billing statement. High Speed Data customers can contact 772 9282 and Cable Modem customers need to contact their respective ISP providers. 13.3 High Speed Direct Fiber Connection · No reselling of bandwidth services. · Bandwidth use will be monitored at the CoreDS Head end. Should a Business Service site exceed the maximum sustained bandwidth contracted, you wi[I receive a notification requiring your service level to be upgraded to match the needs of your bus]ness usage. Web Hosting services are permissible uses, such as a marketing firm hosting pages for their customers. Other services not yet implemented may be allowed by written consent of CoreDS Administration. 13,4 Acceptable Use Policy (AUP) CoreDS' Acceptable Use Policy (AUP) is posted to our web site and Is to be acknowledged and known by the Customer at all reasonable times. Customer: By: Title: Date: CORE DIGZTAL SERVICE: By: Title: Date: CoreDS initials Date Customer Initials ~/?~"~ Date ~'~ CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 VENDOR: 007637 CORE DIGITAL SERVICES 801 ENTERPRISE DRIVE STE#102 CENTRAL POINT, OR 97502 FOB Point: Terms: Net Req. Del, Date: Special Inst: CITY RECORDER'S COPY Page 1 DATE PO NUMBER 10/23/2003 04576 SHIP TO: City of Ashland - Police Dept. 1155 E MAIN STREET ASHLAND, OR 97520 Req. No.: Dept.: POLICE Contact: Michael Bianca Confirming? NO Description Installation of Di~qital Fiber-Optic Line at $1,500.00, MonthIv Maintenance cost for 8 months at $600.00/Month Unit Price BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL Ext. Price 6,300.00 6~00.00 0.00 0.00 6,300.00 Account Number Amount Account Number Amount E 110.06.11.04.604160 ~,300.00 Authorized Signature VENDOR COPY REQUISITION FORM THIS REQUEST IS A: [] Change Order(existing PO Cf __ CITY OF -ASHLAND Required Date of Delivery/Service: [ I Vendor Name: Address: City, State, Zip: Phone: Fax Number Deliver Location 801 Enterprise Drive, Suite 102 Central Point, OR 97502 FAX: 541-772-4805 PH: 541-734 2800 Services Only Description Total Cost Solicitation Process: Installation of Digital Fiber-optic line at $1,500.00; [] Exempt [] 3 Written Quotes monthly maintenance cost 8 months @ $600.00 (copies attached) ~Sole Source [] invitation to Bid (copies on file) [] Lessthan [] Requestfor j $ 6,300.00 $5000 Proposal (copies on file) Account Number 110- 06 - 11 - 04 - *Please attach the Original signed contract and Insurance certificate. Materials Only Item # Quantity Unit Oescription Init Cost Total Cost Account Number _ _ _ Employee Signature: ~j,,.,. ~_~ _ Supervisor/Dept. Head Signatur NOTE: By signing this requisCf'o/fo/m, ~lc'~r~ ,~a~ the above request meets the City of Ashlarrd Solicitation Proces; ~.. t / ,, when necessary *Please attach the quotes. uire'~ents an~ can be provided G:Finance\Procedure~AP\Forms\8 Requisition form Updated on:07/15/02