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HomeMy WebLinkAbout2005-154 Agrmt - Hunter Construction Jul-07-04 03:44P P.Ol ~ore digital services --.: f tJ to [? q ;;::z I f/ G~/t-t' -f'- /~ { (f" -t7 ) Post-it8 Fax Note 7671 Date ta3k · To Phone It Phone . Fax It fax , Internet / Intranet Service Agreement Vo1.7.4.0 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 '- 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. 3 P.03 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