HomeMy WebLinkAbout2005-154 Agrmt - Hunter Construction
Jul-07-04 03:44P
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digital services
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Internet / Intranet Service Agreement
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1. SERVICES.... ........................ .................... ...... .............. ......... ........... ........oo..... ......... ....... ..... ..... ..... u...... ........... ......... 3
1.1. DATA SeItVIC!S. . .......... ......... ................... ...... ........................ ....... ................. ............................ .... ....... ................3
1.2. INsTALlAnON SERVICES.......... ................. ......... .................. ..... ....... ....... ......,.. ...................... ..,............... ........ ........,3
2. TE RM. ....... ~.. .......4............. .................. ............. ........ ............... ............ ................ .......... ..................... .. ...... .1......... ................. ... 3
3. CHARGES. ....... .......1............ ............................. ..................... ..... .... ................. ........ ...... ............... ..... .................... ........ ... 3
3.1. DATA SEItVICES RATE.. .......... ...................... ..... ........ ..........,...... ..... ..... ................. ........................ "... ........................3
3.2. INSTALLATION SERVICES CHARGE. . .............. .... ...................,.......... ........ .....,....... ............................... ............. ...........3
3.3. LATE PAYMENT, DEPOSIT. ... .................. ..... ......... ...... .... ..... ............ .... ........., ........ ................. ....................................3
4. SERVICE LEVELS. .................... ...................................... ...... ..... ....... ........ .......... ................. ...... ..."... ....................... 3
5. COREOS FACIlITJES. ... .................... .......... .................... .......... ............... ......... ................... ........ "... .... ... .... ........ .... 3
5.1. REMOVAl. ... ........ ............ ..................,.................... ..................... .............. ....... ......... ................ ........... ........ ...........4
5.2. PROPER ENVIRONMENT. ....... ............................ ...... ........ .............. .............................. ................."............... ............ 4
5.3. DAMAGE....... ................. ........... ....................... ...... .................. ......... ......... ....... ._..... ..................."................ ...........4
6. RIGHTS AND OBUGAnONS OF CUSTOMER. ............................................................................................................4
6.1. INSTAllAnON. ............... ....... ......... .............. ....... .................... ............. ......... ........ ............. ....... ....... ........ .............4
6.2. PREMISES ACCEss. ...... ......... .......... ...... ....... ......... ....................... .......... ................. ............ ......., ............... .............4
6.3. AcaPTABLE USE POLICIES. ... ........ ............,.... ...... .................,...... ........ ........ ......... ...... ................ ........ ...... ..............4
6.4. SYSTEM INTEGRITY. .. ........... ...n.................... ...... ........ ................ ....... ......... ........ ....................... .............. ..............4
6.5. CoaE:DS EQUIPMENT MOVEMI!NT. . ................... ..... ......... ....................... .............,... ....................... ........ ..... ...............4
7. TERMINA nON ......................... ............... ......................................... ........ ........ ......... ............ ..... ..... .... 10.... ................. 4
7.1. CESSATION OF SERVICE. ........... .................... ..... .......... .............. ....... .... ............. .............. .........,.............. ........ ........5
7.2. CESSATION OF AcCEss. . .......... .......................... ......... .............. ........ ................. .... ........... ....................... ........ ........ 5
7.3. TERMINATION FEE. ........ .......... ...... .................. .......... ...................... ..................... .......................................... ........5
8. NO WARRANnES. . .......... ........... ................... ...... .... .................... ...... ........ ......... .... .... ....... .... ....... ........ ......... .......... 5
9. EXCLUSION OF CERTAIN DAMAGES; UMITAUON OF UABIlITY AND REMEDY; EXCLUSIVE REMEDY. ............5
10. UNCONTROLLABLE CON DmON$. .............. ....... ... ................... ....... ................ ..... ... ....... .............. ...... ..... ........ ...... 5
11. SEVERABILnY. ... ..... .............. .................... ........ ...... .............. ............. ................. ....... ....... ................ ........... ........ 5
12. GENERAL PROVISIONS. ..... ....................... ..... .... .................... ..... ......................... ................................. ................ 5
13. COREDS DIGITAL SERVICES ACCEPTABLE USE POUCY FOR COREDS IP PRODUCTS AND SElltVICES................ 5
13.1 PRottI8~D USES OF CaREDS's SYStEMS, PRODUCTS AND SERVICES ........................................................................... 6
13.2 TERMS OF SERVICE .................. ............... ......... ....... ........................ ........ ......... .......... ..... .......... ....... ........ .... .... ...... 6
13.3 HIGH SPEED DlJtfCT FIBER CONNEcnON ............. .................. ............... ...... .................. ................ ..... .....'.......... ....................6
13.4 ACCEPTABLE USE POUCY ............................... ......................... ....... ................. .... ......... ......... .......................... 6
801 Enterprise Drive · Ste. 102 · Central Point, Oregon 97502
(541) 734-2800 · Fax (541) 772-4805. www.coreds.net
Jul-07-04 03:44P
P.02
"tcore
digital services
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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.O.)
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.O. Radio Connection.
Fiber connection to be tenninated in the Radio room at the Annex.
Service Address (if different):
Branch Address (if different):
2
801 Enterprise Drive · Ste. 102 · Central Point, orego~ 5j;,J',
(541) 734-2800. Fax (541) 772-4goore~~~d Date ~ I' /fJTJ /
Customer Initials c L~ Dale. y
I
Jul-07-04 03:44P
1. 5efvices. Customer shall purchase and Core Digital services
(CoreDS) shall provide to customer:
1.1. Data Services., Data Services permit access by
customer to CoreDS' 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. lnstalation services consist
of coordinating with Customer the necessary engineering, site
survey, system configuration and other services necessary to
provtde CUstomer Data ServIces. These services shall be provided
up to the date that the service testing is completed based on
CoreOS' OJstomary te$ting procedures and the service is avaitabre
to the Customer rthe service a<:ceptance datej.
In addition, CoreDS will provide the equipment (collectively
referred to as .CoreDS faCilities"? necessary to connect CUStomer's
fadlities to the network.
2. Terms. This agreement 'Will be effective upon the date
executed by CoreDS and shalt continue for 36 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-montt:- ~ on ~
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 4S days prior to
termination date.
3. Cha...... CoreDS agrees to provide an Internet connection
service for which Customer agrees to provide consideration as
out1ined below:
· PoInt: to Point: $800.00 billed monthly
level of SeIVice PTP
Initial
Date_
Point to point leased Jines 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
lO/lOOMbps of internal connectivity, branch
locations will also have Internet service capped off
at the home sites limits agreed to above.
.
Number of Additional Sranches__ Initial _ Oate_
3.1. Data ServIces Rate. From the service start-up date,
Customer shal pay the rate specified above for each month of
service. If the service does not begin on the first day of a biDing
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 bilfing tor services (the "due datej.
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3.2. Installation Services Charge. CiJstomer shall pay
the Installation charge specified below for the installation serviCes
prOVided by CoreDS which charges shall be due ;!nd payable upon
onsite installation of the ftber terminating hardware and therefore
establishing the due date of the installationc:harges and any
prorated data services for the start-up period.
Hardware and fiber Installation: !~3S0.00 one time
fee.
3.2.1. Unlnterruptlble Power Sup.,.". Customer shall
provide a form of uninterruptibte power for the fiber termination
hardware and any CoreDS facilities at the CUsbJmers location. If
the customer does not provide a uninterruptit.e power source,
CoreDS will provide one for the priCe listed below.
.
· APe Uninterruptible Power Supp'ly: $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 11.1:2% per month on
the unpaid balance at the discretion of Coree)S. CoreDS may
require Customer to pay a deposit in advance (I the provision of
any service. CoreOS shall hold any such depos~t in a non-interest
bearing account and used to satisfy (in WhorE~ or in part) any
obligation of Customer under this agreement.
4. Service Levels. CoreDS will exerdse reasonable efforts .to
provide Internet service on a 24*hour-a-day, 7-day-per-week
basis. CUstomer understands and acknowledges that CoreOs does
not warrant that its Internet service wiR be provided without
interruption. Customer also understands that the rates and speed
for this service is based on the utilization (# burstable data
transmission methodology where the full bandwidth contracted for
is to be utilized in bursts only and not Continuously. CoreDS may
monitor wstomers' bandwidth utilization in order to ensure that
Customer's transmissions are within burstable utilization rate
guidelines. These guidelines are subject to change at any time by
CoreDS act1ng in its sole discretion, and all suetl changes shall be
bincling upon Customer upon written notice to Customer by
CoreDS.
In the event of a Internet service outage deemed to be at the
CoreOS service level, weDS will have a technidan investigating
the issue wkhln 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 con~secutive hours in
duration, and of whiCh CoreDS receives written notice withio 48
hours of such failure or interruption, CoreDS shaH credit
Customer's account with respect to the affected service by an
amount equal to ~thirtieth of the recurring monthly charge for
the service for each 24-hour period during wtllch the failure or
interruption continues. This credit shan be the sole and exclusive
remedy of Customer with re$peCt to any intemlptlon or failure of
the service.
No such credit shall be due, however, if the intEmJption is caused
by reasons beyond the reasonable control of CoreDS or for
reasons related to scheduled network maintenance.
5. Core OS Facilities. Any CoreDS facilities inStalled on
Customer's premises shalt be and remain the property of CoreOS
and may be repaired or repfaced at any time and removed at the
termination of service, and may be used to suppty ~er customers
of CoreDS Whether or not on the same premises. No rent or other
charge shall be made by Customer on Corel:>S for p1adng or
CoreDS Initial4-A? Date ..a~~
Customer Initials ~4-/b Date ~ / ~ ~
JUI-07-0403:45P
maintainil'19 its fadlities upon Customer's premises. CoreDS shall
be entitled, at any time, to affix to Core05 faCilities a label
indicating the Interest d C~eDS.
5.1. Removal. Customer wi. 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 CoreOS' facilities from the weather, vandalism
and other potential problems. Customer shan 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
efT1)Ioyees 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.L Installation. Customer shall at Its expense
undertake all necessary preparations required to comply with
CoreDS' installation and maintenance instructions. Such
preparations include obtaining all necessary consents for the
installation and use of CoreDS fadlities in the building, including
consents for necessary alterations to buildings; ensuring that any
floor loading limitS wi. not be exceeded; proviclng suitable
accommodations, fotM1dations and an environment to meet the
environmental specifications for CoreDS including all necessary
trunking, cond\its and cable trays; providing suitable electric
power and any other utilities needed by CoreDS to install, test and
or maintain CoreDS' facilitieS; providing a suitabfe and safe
wor1clng environment for (meDS' personnel. including an
enVironment safe from environmentaf hazards; and taking up or
removing, tn time to allow CoreoS to cany 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 imptementation of all service
acceptance date; Customer will provide CoreDS reasonable access
to the Customer premises where any CoreDS fadlities are Instatled.
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 d Customer to provide access to the place at each location
where CoreDS facilities are installed supporting the falling service
or connection.
(a) During implementation, CoreDS win
normally cany out work required to Install and/or repair CoreOS'
fadlities during its norma' working hours but may, on reasonable
notice, require access at other times. At Customer's request,
CofeDS 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) An( out-of-pocket costs, reasonably
incurred by CoreDS, as a consequence of the denial of access by
4
P.04
Customer (or building owner) to any location shall be paid by
CUstomer. CoreDS shall advise Customer of any suCh costs on is
case-by-case basis.
6.3. Acceptable Use Polldes. Custclmer shall comply
with CoreDS' acceptable use policies. The acceptable use policies
are subject 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 CoreOS.
6.3.1 Customer Shall be responsible for the use and
compatibility of equipment or software not prCtVlded by Corees.
In the event that Customer uses equipment or software not
provided by CoreDS which impairs Customer's Di~a Services or the
network, Customer shall nonetheless be liable fiDf" payment for all
service, induding 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 tCI 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 hetzard, interference
or service obstruction.
6.3.2 Customer will only comect to Ithe network using
industry standard equipment, which compiles and is compatible
with the seNice specifICations set forth in atpplicable technical
publications. Notwithstanding the undertaking of Customer in the
prior sentence, if, In CoreDS' reasonable opiriion, 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 resutt 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, Fottowlng 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 an" network access.
Customer will cooperate with CoreDS In setting the initial
connguration 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 .~sure 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 Corel[)S prior to moving
any of CoreDS' equipment. Moving of E!quipment without
authorization may cause damages and/or an outage. A customer-
caused outage, due to the moving of eQUipmc~t without written
authorization, will be the sole responsibility of 1the customer. The
costs to repair &ny 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 ageement for
cause, provided written notice Is given the other party spedfying
CoreDS Initials 4L Date .;>~! j
Customer Initials4>-~A Date '/ 'lJL!
r~'
CITY RECORDER'S COPy
CITY OF J
ASHLAND
Page 1 / 1
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
7/14/2005
06072
VENDOR: 000082
HUNTER CONSTRUCTION INC
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:
Speciallnst:
Req. No.:
Dept.: POLICE
Contact: Linda Hoggatt
Confirming? No
BILL TO: Account Payable
20 EAST MAl N ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
9 600.00
0.00
0.00
9.600.00
~~ y~ 7~J~
Autho~d Signature '/-:/
VENDOR COPY
<:ITY OF
ASHLAND
REQUISITION FORM
Date of Req uest:
THIS REQUEST IS A:
D Change Order( existing PO #
Required Date of Delivery/Service:
Vendor Name:
Address:
City, State, Zip:
Phone:
Fax Number
Deliver Location
Hunter Communications
801 Enterprise Dr Ste 101
Central Pomt, OR 97502
Services Only
Description
Monthly bandwith service (R/\D , D)
Blanket PO $800 per month
Project Number
olicitation Plrocess:
f Exempt 1 10 3 Written Quotes
. - ",I!. /.1. /'
~;,f..J ttL - (copies attached)
t:l :'..1
~ Sole Source D Invitation to Bid
(copies on file)
D Request for
Proposal (copies on file)
Materials Only
V t/ f" Account Number 110-06-11.04.604~QOoo'l ~7 t'
" I ~ ~--- (. *Please attach the Original signed contract and Insurance certificate.
f~7r
Item # Quantity Unit
Description
Unit Cost Total Cost
Project Number
Account Number
. . . .
--- --- -- -- ------
Employee Signature: SupervisorlDept. Head Signatu~
NOTE: By signing this requisition form, I certify that the above request meets the City of Ashland Solicitation proceslsV~Jment
when necessary. ~
G: F inance\Procedure \AP\F orms\req uisition
Updated on:07/15/02