HomeMy WebLinkAbout2004-181 Agrmt - Hunter ConstructionAGREEMENT TO PURCHASE SERVICE
Between the City of Ashland, ("City") and Core Digital Services, acting by and through
Hunter Construction, Inc., ("Core"), dated this~ day of June, 2004.
RECITALS:
City provides cable television services to subscribers within the City of
Ashland through the Ashland Fiber Network (AFN).
.
City desires to purchase terrestrial transport of signals using Core's network
to AFN's Nevada Street Substation from the following locations: Channels 5
-KOBI; 10-KTVL; 12 KDRV; 13-KMVU; and 8-KSYS.
Core and City agree:
.
City shall, on or before the first day of each month, pay Core in advance
$200.00 per month per channel for the right to broadcast the Local Channels.
.
Living Wage. In Performing services for the City, Core shall pay its.
employees a Living Wage in compliance with Title 3, Chapter 12 of the
Ashland Municipal Code.
.
Term. This agreement shall commence on July 1, 2004 and shall, ualess
renewed pursuant to paragraph 5 below or otherwise terminated as provided in
paragraph 6, terminate on June 30, 2005.
.
Renewal. On each anniversary of this agreement, unless either party has, at
least 60 days prior to the end of term of this agreement or any renewal term of
this agreement, provided written notice of intent to terminate this agreement,
this agreement shall be automatically renew for an additional one year term.
.
Termination. This Agreement may be terminated in the event of any of the
following:
(a) By either party upon 10 days prior written notice and failure of the other
party to cure in the event of any material breach by the other of any provision of
this Agreement;
(b) By either party, if termination is required by a final order of any court,
governmental body or agency having jurisdiction;
(c) By City if Core should file, or should have filed against it, a petition in
bankruptcy (voluntary or involuntary), or become insolvent; or
(e) By either party upon sixty days prior written notice of intent to tenminate.
.
(a)
.
o
.
10.
11.
Notice. All notices and other communications provided for hereunder shall be
in writing. If sent by mail, they shall be deemed received three days after
mailing. If sent by courier, overnight courier, or fax, they shall be deemed
received when receipt is confirmed notices and communications shall be sent
to the following address:
City:
Ashland Fiber Network
c/o Dick Wanderscheid
20 E. Main Street
Ashland, OR 97520
Copy to:
Ashland City Attorney
20 E. Main Street
Ashland, OR 97520
Core:
Core Digital Services
Richard W. Ryan
801 Enterprise Dr.
Central Point, OR 97502
Entire Agreement. This document constitutes the entire agreement between
the parties and supersedes all prior agreements and understandings concerning
the subject matter hereof except as provided for herein, this Agreement may
not be altered except by an instrument in writing signed by all parties hereto.
No Waiver. No waiver by either party of any provision of this Agreement, or
any breach hereunder, shall be construed as a waiver of any other pre~vision of
any subsequent breach of this Agreement. The exercise by either party of any
remedy provided herein or at law shall not prevent the subsequent exercise of
any other remedy by such party.
Attorneys' Fees. In the event of any dispute arising out of the subject matter
of this Agreement, the prevailing party shall be entitled to recover, iht addition
to such other relief as may be granted, its reasonable costs and expenses,
including attorneys' fees and court costs.
Applicable Law. This contract will be governed by and construed in
accordance with laws of the State of Oregon.
Severability. If any term, provision, covenant or condition of this Agreement
is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dLate first
written.
City of Ashland
Core Digital
Oo~ ~,'g,'4,~/ s~.~.~,,"~s
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541 ) 488-5300
CITY RECORDER'S COPY
t '
· :i..., DATE'.
7/29/2004
Page 1 / 1
.." .pO.NuMBER::''. .
05289
VENDOR: 000082
HUNTER CONSTRUCTION INC
801 ENTERPRISE DR STE 101
CENTRAL POINT, OR 97502
SHIP TO: Ashland Fiber Network
(541 ) 488-5354
90 N. MOUNTAIN
ASHLAND, OR 97520
FOB Point:
Terms: Payable on receipt
Req. Del. Date: 7/1/2004
Special Inst:
Req. No.:
Dept.: ELECTRIC
Contact: D Wanderscheid / R Holbo
Confirming? No
BLANKET PURCHASE ORDER
12i00.':MO. '"Fibert° L0cal'?~.stati°ns":.': ::.'~::.. ::.": ::.': '" .... · . ·: ' · · ' ~1,000~00 · · 1:2,000'.00
Channels 5-KOBI; 10-KTVL; 12 KDRV;
13-KMVU; and 8-KSYS
12 Months @ $1,000/Month
Agreement dated: July 21, 2004
Term: July 1,. 2004 to June 30., 2005
.....
.
.
--
SUI3TOTAL 12,000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 12,000.00
ASHLAND, OR 97520
Account Number Amount Account Number Amount
E 691.11.45.00.606900 12,000.00
- Aut h o rizedC. ST/~ nat u~:e -
VENDOR COPY
REQUISITION FORM
THIS REQUEST IS A:
E] Change Order(existing PO # ~
CITY OF
-AS IH LAN D
Date 0f Request:
Required Date of Delivery/Service:
Vendor Name:
Address:
City, State, Zip:
Phone:
Fax Number
Deliver Location
Services Only
Description Total Cost Solicitation Process:
~"l ~-~-'¢'~ 'TO ~0(~ *~ L 7--t/' 1--1 Exempt F-] 3 Written Quotes
(copies attached)
¢"T~I'FIE?~ ~"~ole Source FI Invitation to Bid
(copies oll file)
$~ E] Less than [] Request for
/~_/~?(? (.7 $5000 Proposal ,(copies on file)
Account Number -
*Please attach the Original signed contract and Insurance certificate.
Materials Only
Item # Quantity Unit Description Unit Cost Total Cost
,,,
Account Number -~_~_/- _/_/-- _~-_~_- _~C36 ~_~...") *P/ease attach the quotes.
Employee Signature: ,// Supervisor/Dept. Head Signature:'
NOTE: By signing this requisition form, I certify that the above request meets the City of Ashland Solicitation Process requir?,~l;,ts and can be provided
when necessary.
G:Finance\ProcedurCAP\Forms\8_Requisition form.doc Updated on:07/15/02