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HomeMy WebLinkAbout2004-158 Agrmt - Hunter CommunicationsJul-07-04 03:47P P.07 digital services Tnternet / Tntranet Service Agr&ement Vo!.7.4.0 2.. SERVZCES ................................................................................................................................................................. 3 2..2.. DATA SERVZCES. .................................................................................................................................................... 3 ~.,2. ZNS'rALLA'rZoN SERVZC:ES ........................................................................................................................................... 3 2. TERM .... · 'll'leldlllW/lllllllllllm me41ellllleemllllllllmeW · ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I.~~~~~~I~~~~~~~~~~~~~~~ 3 3. 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COREDS EqUZPHENT 140VEIvlE#T .............................................................................................................................. 4 7. TERMZNATZON .. . ti lille I!111111 1 1 1111!11 1 1 111 I1~111 '11''111 111'1'~III IIIIIIII I!1111 1 1 1 il I Ill' I III1'1'''1111-. IIIIilllll Ii I IIt 4 7,2. C~o~ OF &CCESS, 7.3. ~a~mmA~O~ ~. · .......................................................................................................................................... ~. #O w~rr~$ ....................................... ~. ~XCl~']o~ o~ CER?A~ DAMA~r~ L~M~r~TZON OF L~A~ILTrY AND R~MEBY~ EXCI~$]V~ ~EMEDY ............. ~0. ~CONll~O~L~II~ CO~I)]T~O~5 ......................................... IIIl. lllltl II II1...i i ii !1111111111111 1 i!! Ii Iltll i Iiiii iiii i.iiiiillll i!1 1 ii! iiiii i ~. ~EVE~A~]L~rY ........................................... ~2. ~R~L ~OV]~]O~$ ............................... iiile.i I i i!11 1 1 ii! IIi1~111111 iIIi!! III I iI1~ i ! iiIIIiiI iiIii, iii i I.II i I i I iii ii. ~3.2 Tam~s O~.~RV~C~ ................................................................................................................................................. ~3.~ Il[G# .~m) D~CT ~ CO#~a~ .............................................................................................................................. 13.4 ACCE~A.L£ ~$~ ~OLICY ................................................................................................................................ 801 Enterprise Drive · Ste. 102 · Central Point, Oregon 97502 (541) 734-2800 · Fax (541) 772-4805 · www. coreds.net Jul-07-04 03:48p P. 08 oFe digital services Agreement between Core Digital Services (CoreDS) and Customer named below for CoreDS' O"Data Services'~ on CoreDS's telecommunications system through its fiber optic network (the "network" or "system'S. Customer Name: City of Ashland (P.D.) Key Billing Contact: Michael Bianca Billing Address: 1155 E. Main, Ashland, OR, 97520 Email Address: Nieh~ashland.or. us Premises Address (if different): Ashland P.D. to Medford P.D. connection. Service Address (if different): Branch Address (if different): Customer ,niliols~Dclte..~_/~~; Jul-07-04 03:48P P.09 t. Services. Customer shall purchase and Core Digital Services (CoreDS) shall provide to customer: L.2. Data Services. Data Sewices permit access by customer to CoreOS' telecomrntmications system at the point of delivery located in the Customer's premises described above. The point of delivery is that location where the network and Customer's system are interconnected. Z.2. Znst~llatlon Services. Installation services consist of coorclm~ w~h Customer the necessary en~neerlng, site up to the date that the service testing I$ completed based on CoreDS' customary testing procedures and the service is available to the Customer ("the service accefRance date~). ]n addition, CoreDS will provide the equipment (collectively referred to as "CoreDS faOlities'~ 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 ms, unless sooner terminated as provided in this agreement. In the event written noUce is not given by either party to terminate this agreement at least 3O days pr~r to be terr~naeon date, this agreement shall be extended on a month-to-month basis on the same terms and cmx~dons except for the rate specl~ m section effect, as published by CoreDS, at least 45 days prior to 3. I::~. CoreDS agrees to provide an lntemet connection service for which Customer agrees to provide consideration as outlined below: · Point to Point: $6(X).00 billed monthly Level of Service . PTP Initial Date Point to point leased #nes 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. WRh 10/100Mbps of internal connectivity, branch locations will also have [ntemet service capped off at the home sites limits agreed to above. Number of Additional I~ranch~..._.__ [nltlal Date.., 3.1. Data Services Rate. From the service start-up date, Customer shall pay the rate spedfled above for each month of service. If 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 basts. All accounts will be invoiced on the first day of each month, and all sums shall be paM within 20 days after the date of the monthly billing for services (the 'due date'). 3.2. Installation Services Charge. Customer shall pay the instatlation charge specified below for the installation services provided by ComDS 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 Dower for I~e fiber terminaUon hardware and any CoreD5 faciiiUes at the O~stome~ location. If the cte;toner does not provide a unlnterrul:~ible power source, CoreDS will provide one for the price listed below. · APC Uninterruptible Power SLDply: $200.1:)0 (one needed for each location) 3.3. Late Payment~ Deposit. Payments received al~er the due date may be subjected to a charge of lV~% per month on the unpaid balance at the discretion of CoreDS. CoreDS may require Customer to pay a deposit in advano., of the provision of any service. CoreDS shall hold any such deposit In a non-interest bearing account and used to satisfy (in whole or in part) any obligation of Customer under this agreement. 4. Service levels. CoreDS will exerOse reasonable efforts to provide [ntemet service on a 24-hour-a-day, 7-day-per-week not warrant that ils In~ service will be provided without inte~. Customer also understarx~ that the rates and speed for this se~ice is based on the utilization of burstable data ~ ~ 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 guidelines are subject to change at any t~me by CoreDS acting in its sole discretion, and all such changes shall be binding upon Customer upon written notice to Customer by Cc)reDS. In the event of a lntemet service outage dc~.d to be at the CoreOS se~,ice level, CoreDS will have a tedqnidan investigating the issue within 4 hours after receiving notificmtion of the outage from the Customer to ttte assigned service number provided to customer from time to time. With respe~ct to a failure of conUnuous Interruption which Is not excused as provided tn this section or ol~e~, which exceeds 24 consecutive hours in duration, and of which CoreDS receives written notice within 48 hours of such failure or interruption, ComDS shall credit Cm~tomer's account with respect to the affE~ed service by an amount equal to one-thirtieth of the recumng monthly charge for rte service for each 24-hour period during which the failure or interruption continues. This credit shall be the tree and excl~ve remedy of Customer with respect to any interruption or failure of No such credit shall be due, however, if the in,terruption is caused by reasons beyond the reasonable control of CoreOS or for reasons related to scheduled network maintenance. 5. Cere DS FaclliUes. Any CoreDS facilRies insta~,d on Customer's premises shall be and remain the property of CoreDS and may be repaired or replaced at any Ume and removed at the of CoreOS whether or not on the same prem~;s. NO rent or other charge shall be made by Customer on CoreDS for placing or CoreDS Initiols~.~ E, oto~Y'/~:~? Customer Initials~~__~__ ~ iDot; ~.~ Jul-07-04 03:49P P.IO maintaining its facilities upon Customer's premises. CoreDS shal be entitled, at any time, to affrx to CoreD$ fadlltJes a label indicating the interest of CoreDS. ~,~. Removal. Customer will use reasonable efforts to ensure ~at CoreOS 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 CoreOS' facilities from the weather, vandalism and other potenbal 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 ~ 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. 8. RJghta and ObligaUor~ of CueO~mer. 6.1. lnstallatkm. Customer shall at its expense undertake all necessary Prel~r~ required to comply ~th CoreOS' installation and maintenance instructions. Such preparations Include obtaining all ~y consents for the installation and use of CoreDS facilities in the building, including consents for necessary alterations to buildings; ensudng that any floor loading Ilmlts will not be exceeded; providing suitable accommoclatlons, founc~ations and an environment to meet the environmental SlX, dficaUons for CoreDS including all necessary trunking, conduits and cable trays; providing suitable electric power and any other utilities needed by ComDS to install, test and or maintain CoreDS' facilities; providing a suitable and safe working environment fo~ CoreDS' personnel, including an environrnent safe from environmental hazards; and taking up o~ removing, in time to allow Co~eOS to cam/ out installation as scheduled, any fitted or fixed floor coverings, ceiling tiles, suspended ceilings and I:k~tition cover~. 6.2. Premlee~ Ae¢~. Customer shall provide CoreDS or other I~,rsons authorized by CoreOS ~ access (on both a routine and emergency basis) for the iml:~ementation of all sewice acceptance date; Customer will provide CoreOS 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 supoorting the fail~ng senace or connection. (a) Dunng k~me~, CoreDS will normally carry out work required to install and/or repair CoreDS' facilities during its normal woddng hours but may, on reasonable notice, requtre acce~ at other Umes. At Customer's request, CoreDS will carw 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 (b) An~ out-of-pocket costs, reasonaUy Customer (or building owner) to any location s~all be paid by Customer. CoreDS shall advise Customer e,f any such costs on a 6.3. Acceptable U~e Polities. Customer s~all comply with CoreDS' acceptable use polities. The accelXable use policies are subject, to change at any Ume by Co,eDS acting In its sole discretion, and all such changes shall be binding upofl Customer upon written notice to Customer by CoreDS. 6,3.X Customer shall be responsi~ble for the use and compatibility of equipment or software not provided by CoreD$. In the event that Customer uses equipment or software not provided by CoreDS which impairs Customer"s Data Services or the network, Customer shall nonetheless be liable for payment for all service, including without limitation any :mftware provided by CoreDS. Upon notice from CoreDS that any ~,~luipment or software not provided by CoreDS is causing or is likely to cause an hazard, Interference, or service obstruction, Custorner shall immediately eliminate the likelihood or hazard, interference, or set, ce obstruction and if Customer fails to do so, CoreOS may take such action as it deems required to eliminate such hazard, interference Or service obstruc~n. 6,3,2 Customer will only connect to the network using Industry standard equipment, which complies and is compatible with the service specifications set forth in applicable technical publications. Notwithstanding the undertaking of Customer in the pdor sentence, if, in CoreDS' reasona~e ¢~mlon, the technical integrity of the network or the service bebg provided over the network to Cust~ or any other third partf iS being jeopardized or is likely to be jeopardized as a result of the connection of any Customer premises equipment to the network by Customer or by any other activity for which Customer is resi~ible, CoreDS may suspend the provision of the services to, any connection so affected. Following remedial action by Customer satisfactory CoreDS, CoreDS will reinstate the service p~wided through that connection as soon as possible. 6.3.3 CoreDS reserves the right to allow or refuse to al~v any make, model or software revision of customer-provided equipment to be used as a gateway to any network access. Customer will cooperate with CoreD$ In setting the initial conf'~guration for itS equipment's interface wlti~ the network. ~3.4 CoreDS may from time to time ~sue 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 ol:~oerve technical instructions.. 6.4. System Integrity. Customer to cure any violation (olter than failure to pay) o~ the provisions of this agreement within 30 days notice by CoreDS. 6.5. CoreO$ Equipment Hevement. Customer is obligated to obtain written approval from CoreDS prior to moving any of CoreDS' equipme~L Moving of' equipment without authorization may cause damages and/or an outage. A customer- caused outage, clue to the moving of equ~rent without written authorization, will be the sole responsibility of the cuslx~mer. The costs to rel~ir any damages by CoreDS techr~ans shall be borne by the customer. No deductions to billing will be made for 7. Termination ~ paty may terminate this agreement for CoreDS Initials _,~'~'Date /xx~/~ Customer Initial~.Dat~~,'~ ~u1-07-04 03:51P P.ll 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 cormcled within the applicable pedod. Cause is any matedal breach of Ute terms of this agreement, induding 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 Core~. CoreDS will furnish copies of such policies upon request. 7.1. Ces&etimt 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 peilcies; (b) engages in any conduct or activity that CoreDS, in its sole discretion, reasonably believes causes a risk that CoreDS may be sobjected to civil or criminal litigation, charges, or damages; or (c) would cause CoreDS to be denied access or to lose services by CoreDS' internet provider. 7.2. Cessation of Aece~ If CoreD$ ceases to provide or denies ~r access to the network pursuant to this section, neither Customer nor any of its customers shall have any right (a) to access through CoreDS any materials stored off the intemet, (b) to obtain any credits otherwise due to Customer, and such credits shall be forfeited, or (c) to access third party services, merchandise or Information on the Internet through CoreDS. CoreDS shall have no responsibility to notify any third-party providers of serwces, 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. Termlnatlo~ Fee. If ComDS 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 WaffantleL To the extent permitted by applicable law, CoreOS is providing the services and the system (induding but not limited to the CoreDS facilities and any access to the network) as is and with all faull~, 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 Ix~vided under this agreement, Including tiut not limited warranties of merchantability, fitness for a particular purpose, of lack of viruses, lack of negligence or lack of workmanlike effort. CoreDS makes no warranty: (a) of title, quiet enjoyment or lack of infringe~ with respect to the system or sen~ices; (b) that the system or services are "year 2000" compliant; and (c) that the operation of the system or service will be uninterrupted or error free. 9. Exclusion Of Certain Damw; Umitaflon Of Uablllty And Remedy; ExduMve Remedy. To the maximum extent pem-,itt~ by applicable law, In no event will CoreDS be Ilabte under any contr'~ negligence, strict liability or other theory for any special, indirect, incidental or consequential damages (including but not limited to damages for loss of profits 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 I:~ach by CoreD$ of this agreement, to the provision or use of or inatillty 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. ComDS' total liability to customer under thil~ agreement and the traflsactJofls contemplated herby, including without limitation any liability of CoreDS for any damages of any nature whatsoever, including without ~ direct Or actual damages, shall be limited to the direct damages incurred by c~orner in actual and reasonable reliance on the system or ser~ces, which damages shall not, in the aggregate, exceed 100% c~f the amount having actually been paid by customer to CoreDS In the twelve month period immediately preceding the date on w~ich the breach giving rise to the damages occurred. Except for the provision of credits to customer's account as spacifr,:.ally provided in section 4, the rights end remedies granted to customer under this section 9 constitute customer's sole and exclusive remedy against CoreDS, it's agents, officials and employees for any and all claims arising under statutory or common law or ~. There are no third party beneficiaries of this agreement. Customer agrees that CoreDS shall have no liability for the negligence, products, services or websites of customer; of affiliates; of developers or consultants identif'ed of referred to customer by CoreDS; or of any other third party, includilxj but not limited to liability for the content, quality and accuracy of the foregoing ~tch are accessible by use of the system or ..~,~vices of CoreDS. 10. Ufleo~lable Conditions. Neither' party shall be deemed irt violation of this agreement if it is prevented from performing any of the obligaUons under this agreement by reason of severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nudear or other civil or military emergencies; acts of legislative; ;judicial; executive or administrative authodUes; or any other circt~stances which am not within its reasonable control. 11. Severabllity. In the event that a court, governmental agency, or regulatory body with proper jurisdi,~on determi~ that this agreement or a provislon of this agreement is unlawful, this agreement, or that provision of the agreement to the extent it is unlawful, shall terminate. If a provision ¢~ this agreement is terminated but the parties can legally, commercially and practicably continue without the termina~d provision, the remainder of this agreement shall continue in .effect. 12. ~eneral Provisions. Fmlure or deb' by either party to exercise any right or privilege under this agreement will not operate as a waiver or' 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 Senace provided herein and supersedes any prior agreements or understandings. 33. Corel)S Digital Services AcceptBble Use Policy for CoreDS lP Products and Services ComDS Digital Services Acceptable Conduct Policy (the 'Policy") for CoreDS IP Products and Sevices is dest~ to help i~otect CoreDS, CoreDS' customers anti the Internet community in general from irresponsible or, in some cases, illegal activities. 7he Policy is a non-exclusive list or the actions prohibited by CoreDS Digital CoreDS Initiols_/~'_~. Dote Customer Initia~Date~ Jul-07-04 03:52P P.12 Services. CoreDS Digital Services reserves the right to modify the Policy at any time. 13.1. Prohibil~l Uses of Coml)S' Slt~.enl~, Products and Servicm~ 1. Transmission, distribution or storage of any material in vioiabon of any applicable law or regulation is prohibited. This includes, w~thout limitation, material intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control 2. Sending unsolicited mail me~__e, ages, Including the sending of "junk mail" or other advertising material to I~dividuals who did not specifically request such material (e.g., 'e-mail si}am"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and polittcat tracts. It also Includes posting the same or similar message to one or more newsgroues (excessive cross-posting or rnultiple- posting). CoreDS accounts or services may not be used to collect replies to messages sent from another lntemet Policy or that of the other provider. 3. Unauthorized use, or forging, of mail header informatkm (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 acces__% alteration, destruction, or any aKempt thereof, of any informaUon of any CoreDS ctee_~mers or end-users by any means or device. 7. Knowingly engage in any activities that wilt cause a denial-of-service (e.g., synchronized number sequence attacks) to any CoreDS customers or end-users whether on the CoreD$ network or on another provider's 8. USing CoreDS's Products and Services to interfere with the use of the CoreDS network by olher custaxners or 9. Any open wireless network is strictly ~ohiblted. Any Each CoreDS IP customer is responsible for the activities of Its serdce from CoreDS, is agreeing to ensure that its customess/representedves or end-users ~ th, this Policy. ComDS IP cuslomer will be fon~arded to the CoreDS IP customer's postmaster for action. [f violations of the CoreDS Dsgital Sen~ices Acceptable Use Policy occur, CoreDS [p customer's Products and Services reserves the right to terminate services with or take action to StOl) the offending customer from violating CoreDS's AUP as CoreDS deems appropriate, without notice. ~.3.2 Tm of Sa~le To ensure that all CoreDS Network users experience reliable serve, CoreDS requires users to adbem to the following temts and conditions. If you h~w~ any questions or concerns regarding CoreOS service, call the approl>~ contact listed on your monthly billing statement. High .Speed Data customers can contact 772-9282 and C. aUe Modem customers need to contact their ~ ISP I~'OViders. ~.3.3 High Speed Direct Fiber Connecti~x~ · No resel~ng of bandwidth se~,ices. · Bandwidth use will be monitored at the CoreDS Head end. Should a Business Service site exceed the maximum sustained bandwidth contracted, you will receive a notification requiring your service level to be upgraded to match the rK~ls of your business usage. Web Hosting services are permissible uses, such as a marketing firm hosting pages for their customers. Ol:her services not yet imptem~ may be allowed by written consent of CoreDS Administration. 2.3.4 Acceptable Use Policy (AUP) CoreDS' Acceptable Use Policy (AUP) is posted to our web site and is to be acknowledged and known by tile Customer at all Customer: TiUe: Customer I nitial!L~.Ed.~_._Dote~/__.~~ CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541 ) 488-5300 CITY RECORDER'S COPY Page 1 / 1 VENDOR: 000082 HUNTER COMMUNICATIONS 801 ENTERPRISE DR. STE.# 101 CENTRAL POINT, OR 97502 SHIP TO: City of Ashland - Police Dept. 1155 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Payable on receipt Req. Del. Date: 7/1/2004 Special Inst: Req. No.: Dept.: POLICE Contact: Mike Bianca / Linda Hoggatt Confirming? No BLANKET PURCHASE ORDER CAD/RMS' to month x ned 11/25/2003 After 1st month to month SUBTOTAL 7,200.00I BILL TO: Account Payable TAX 0.00I 20 EAST MAIN ST FREIGHT 0.00I 541-552-2028 ASHLAND, OR 97520 TOTAL 7,200.001 .. E 110.06.11.04.604160 7,200.00 .~ion~fljr~j 'I VENDOR COPY ' REQUISITION THiS REQUEST IS A: ~ Change 0rder(existing P0 ~ ,) Vendor Name: Address: City, State, Zip: Phone: Fax Number Deliver Location ¢-~,~,4~/~nr~. Dioitnl 801 Enterprise Drive Ste 101 Central Point, OR 97502 Services Only Description ..~~ (//~~~) Total Cost Solicitati, iPr, Monthly bandwidth Service --" i.o Medford $600 per . [-] Exempt U 3 Written Quotes month X 12 MONTHS JULY 2004 - JUNE 2005 7,200.00 (copies attached) · .. [--] Sole Source I"-I Invitation to Bid (copies on file) . -I I Less than r'--I Request for $5000 Proposal (copies on file) 110.06.11 ..04.6040.~ccou nt Number *Please attach the Original signed contract and Insurance certificate. Materials Only Item # Quantity Unit Description Unit Cost Total Cost Account Number .... Employee Signature: . Supervisor/Dept. Head Signature: request meets the Solicitation Process requir, e~ents ~ ~ ~o~ NOTE: By signing this re(~[io/~fo~./t/~r~f~ ,~a, ,h~above City of Ashland when necessary. G:Finance~rocedure~AP~Forms\8_Requisition form.doc Updated on:07/15/02