HomeMy WebLinkAbout2007-029 Agrmt - Hunter Communications
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Internet Service Agreement
Vo1.9.3.l - QUO-01456-IH77D - V.2 - 1/31/07
1. SERVICES .................................................................................................................................................................3
1.1.
1.2.
DATA SERVICES
INSTALlATION SERVICES
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3
2. TERMS .................. ................ ............................... ............................................. .... ....................................................3
3. CHARGES............................................... ...................................................................................................................3
3.1. DATA SERVICES RATE
3.2. INSTALlATION SERVICES CHARGE
3.2.1. tJrmnatRUPIIBLE PowER 5uPft. y
3.3. UTE PAYMENT, DEPosrr, ElEc1RONIC Bn.uNG
3.4. TAXES, fEES, GovERNMENT CHARGES
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4. SERVICE LEVELS ......................................................................................................................................................3
5. HUNTER FAClLI11ES AND EQUIPMENT ..................................................................................................................3
5.1. REMOVAl 3
5.2. PROPER ENvIRONMENT 3
5.3. DAMAGE 3
6. RIGHTS AND OBUGATIONS OF CUSTOMER...........................................................................................................3
6.1. INSTALlATION 3
6.2. PIlEMJSES AccEss 3
6.3. ACCEPTABLE USE PouCES (AUP) 4
6.4. SYsTEM INTEGRITY 4
6.5. HUNTER EQUIPMENT MoVEMENT 4
7.TERMINADON.........................................................................................................................................................4
7.1.
7.2.
7.3.
CEssATION OF SERVICE
CEssATION OF AccESS
TERMINATION FEE
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8. NO W ARRANnES....................................................................................................................................................4
9. EXClUSION OF CERTAIN DAMAGES; UMITATION OF UABILITY AND REMEDY; EXClUSIVE REMEDY..............4
10. UNOONTROLLABLE OONDmONS ..... ........ ........ ...... .............................................. ....................... ......... ...... ....... ....5
11. SEVE.RABILITY ........................................................................................................................................................5
12. GENERAL PROVISIONS ..........................................................................................................................................5
13. HUNTER OOMMUNICATIONS ACCEPTABLE USE POUCY FOR HUNTER IP PRODUCTS AND SERVICES...............5
13.1 PRotmsnEo USEs OF HUNTER.S 5YSTEMs, PRODUCTS AND SERVICES 5
13.2 TERMs OF SERVICE 5
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Agreement between Hunter Communications (Hunter) and Customer named below for Hunter's
("Data Services'') on Hunter's telecommunications system through its fiber optic network (the
"network" or "system'').
Customer Name: City of Ashland (Ashland Rber Network)
Key Billing Contact: Joseph Franell
Billing Address: Oty of Ashland, 20 E. Main St., Ashland, OR, 97520
Phone: 541.552.2314
Email Address: franellj@ashland.or.us
Premises Address (if different):
90 N. Mountain Avenue, Ashland, OR, 97520
Service Address (if different):
Branch Address (if different):
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1. Services. Customer shall purchase and Hunter Communications
(Hunter) shall provide to Customer:
1.1. Data Services. Data Services permit access by Customer to
Hunter's 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 Hunter's customary testing procedures and
the service is available to the Customer ("the service acceptance date").
In addition, Hunter will provide the equipment (collectively referred to as
"Hunter facilities") necessary to connect Customer's facilities to the network.
2. Terms. This agreement will be effective upon the date executed by
Hunter and shall continue for 12 months, unless sooner terminated as
provided in this agreement. This agreement shall be subject to semi-annual
pricing reviews, the first of which shall occur 6 months from the date
executed by Hunter. The subsequent pricing review shall coincide with
agreement expiration. Customer has the option at that time to renegotiate
agreement pricing and renew for an additional 12 month term. As part of
the semi-annual pricing review Hunter will provide to Customer all applicable
Information necessary for review, including but not limited to:
. Hunter bandwidth costs
. Hunter support costs
3. Charges. Hunter agrees to provide to Customer two (redundant) local
loop connections-ISO Mbit capacity per link-to the internet. The
redundant multimegabit local loop connections will be from local internet
point of presence (POP) to the Ashland Headend located at 90 N. Mountain
Avenue, Ashland, OR, 97520. Customer agrees to pay for these services on
a sliding fee scale based on monthly usage. This usage is to be calculated by
a 95th percentile equation. A detailed usage report will be Included with the
monthly statement. Bandwidth usage is to be billed based on the rate chart
below (With a minimum usage of 50 megabits and maximum usage of 300
Mbps):
Total monthly usage based on
95th percentile calculation
(All rates in megabits)
Per Mb Rate
50 Mbps
51-75 Mbps
76-100 Mbps
101-150 Mbps
151-200 Mbps
201-250 Mbps
251-300 Mbps
$150.00
$125.00
$100.00
$90.00
$85.00
$80.00
$75.00
Initial
Date
3.1. Data Services Rate. From the service start-up date,
Customer shall pay the rate specified above for each unit of bandwidth. 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 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 date").
Hunter requests that these payments be made via Electronic Fund Transfer.
Please complete Addendum "B", Authorization for EFT.
3.2. Installation Services Charge. Customer shall pay the
Installation charge specified below for the installation services provided by
Hunter 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: Applicable installation fees
have been waived.
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3.2.1. Uninterruptible Power Supply. Customer shall provide a
form of uninterruptible power for the fiber termination hardware and any
Hunter facilities or equipment at the Customers location. If the Customer
does not provide a uninterruptlble power source, Hunter will provide one for
the price listed below.
APC Unlnterruptible Power Supply: $200.00 (one needed
for each location)
3.3. Late Payment, Deposit, Electronic Billing. Payments
received after the due date may be subjected to a charge of 1 V2% per
month on the unpaid balance at the discretion of Hunter. Hunter may
require Customer to pay a deposit in advance of the provision of any
service. Hunter 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. All invoices will be sent via electronic mail. If
Customer requests paper invoicing, a $5.00 monthly processing fee will be
assessed to Customer's account.
3.4. Taxes, Fees, Government Charges. Customer agrees to
pay any applicable taxes, franchise fees or other governmental charges
imposed upon Hunter Communications by governing body with jurisdictional
authority over this service or for use of public right of ways and easements.
4. Service Levels. See Addendum "A" - Hunter Communications Service
Level Agreement R1.15
5. Hunter Facilities and Equipment. Any Hunter facilities and/or
equipment Installed on Customer's premises shall be and remain the
property of Hunter 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 Hunter whether or not on the same premises. No rent or
other charge shall be made by Customer on Hunter for placing or
maintaining its facilities or equipment necessary to provide service under the
terms and conditions of this agreement, upon Customer's premises. Hunter
shall be entitled, at any time, to affix to Hunter facilities or equipment a
label indicating the interest of Hunter.
5.1. Removal. Customer will use reasonable efforts to ensure
that Hunter facilities and/or equipment are not removed or caused to be
removed by any person, other than Hunter or without Hunter's prior written
consent.
5.2. Proper Environment. Customer shall use reasonable efforts
to keep the location of Hunter's facilities and/or equipment in the proper
environment as speCified by Hunter.
5.3. Damage. Customer agrees to exercise due care and caution
to protect Hunter's facilities and equipment from the weather, vandalism
and other potential problems. Customer shall be liable for any loss or
damage to Hunter's facilities and/or equipment 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 Hunter's facilities or equipment for
which Customer is liable, Customer shall reimburse Hunter 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 Hunter's installation and
maintenance Instructions. Such preparations include obtaining all necessary
consents for the Installation and use of Hunter facilities and/or equipment in
the building, including consents for necessary alterations to buildings;
ensuring that any floor loading limits will not be exceeded; providing
suitable accommodations, foundations and an environment to meet the
environmental specifications for Hunter Including all necessary trunking,
conduits and cable trays; providing suitable electric power and any other
utilities needed by Hunter to Install, test and or maintain Hunter's facilities
and equipment; providing a suitable and safe working environment for
Hunter's personnel, including an environment safe from environmental
hazards; and taking up or removing, in time to allow Hunter 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 Hunter or other
persons authorized by Hunter with access (on both a routine and emergency
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basis) for the Implementation of all service; Customer will provtde Hunter
reasonable access to the Customer premises where any Hunter facilities or
equipment are Installed. Hunter shall not be responsible for any faults on
the network or any failure to perform the provtslons of this agreement to
the extent that Hunter, In good faith, requires access, and any such faults or
failures or the conttnuatlon thereof are a result of the failure of Customer to
provide access to the place at each location where Hunter facilities and/or
equipment are Installed supporting the failing servtce or connection.
(a) During Implementation, Hunter will normally carry out work required to
Install and/or repair Hunter's fadlltles and equipment during Its normal
working hours but may, on reasonable notice, reqUire access at other times.
At Customer's request, Hunter will carry out work to Install Hunter's facilities
and equipment outside Hunter's 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 Hunter, as a
consequence of the denial of access by Customer (or building owner) to any
location shall be paid by Customer. Hunter shall advise Customer of any
such costs on a case-by-case basis.
6.3. Aa:eptable Use Policies (AUP). Hunter's 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 shall comply with
Hunter's acceptable use policies. The acceptable use polldes are subject to
change at any time by Hunter acting In Its sole discretion, and all such
changes shall be binding upon Customer upon written notice to Customer by
Hunter.
(a) Customer shall be responsible for the use and compatibility of equipment
or software not provtded by Hunter. In the event that Customer uses
equipment or software not provtded by Hunter which Impairs Customer's
Data Servtces or the network, Customer shall nonetheless be liable for
payment for all service, Including without limitation any software provtded
by Hunter. Upon notice from Hunter that any equipment or software not
provided by Hunter Is causing or Is likely to cause an hazard, Interference,
or servtce obstruction, Customer shall Immediately eliminate the likelihood
or hazard, Interference, or servtce obstruction and If Customer falls to do so,
Hunter may take such action as It deems required to eliminate such hazard,
Interference or servtce obstruction.
(b) Customer will only connect to the network using Industry standard
equipment, which complies and Is compatible with the servtce specIflcatlons
set forth In applicable technical publications. NotwIthstanding the
undertaking of Customer In the prior sentence, If, In Hunter's reasonable
opinion, the technical Integrity of the network or the servtce 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, Hunter may suspend the provtslon of the
services to any connection so affected. Following remedial action by
Customer satisfactory Hunter, Hunter will reinstate the servtce provided
through that connection as soon as possible.
(c) Hunter reserves the right to allow or refuse to allow any make, model or
software revision of customer-provtded equipment to be used as a gateway
to any network access. Customer will cooperate with Hunter In setting the
Initial configuration for Its equipment's Interface with the network.
(d) Hunter may from time to time Issue technical Instructions on the use of
the network to ensure the proper functioning of the servtces or the
protection of the network from damage or deterioration. Customer will
observe technical Instructions.
6.4. System Integrity. Customer to cure any vtolatlon (other
than failure to pay) of the provtslons of this agreement within 30 days notice
by Hunter.
6.5. Hunter Equipment Movement. Customer Is obligated to
obtain written approval from Hunter prior to movtng any of Hunter's
equipment. MovIng of equipment without authorization may cause damages
and/or an outage. A customer-caused outage, due to the movtng of
equipment without written authorization, will be the sole responsibility of the
Customer. Costs for repairs performed by Hunter technicians as a result of
damages due to movement of Hunter equipment shall be borne by the
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Customer. No deductions to billing will be made for Customer-caused
outages.
7. Termination Either party may terminate this agreement for cause,
provtded written notice Is given the other party specifying 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, Includll:lg 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 Hunter. Hunter will
furnish copies of such policies upon request.
7.1. CesutIon of Service. Hunter may deny Customer access to
the network and cease to provtde all or part of any services described In this
agreement If Customer:
(a) violates any provision of applicable acceptable use polldes;
(b) engages In any conduct or activity that Hunter, In Its sole
discretion, reasonably believes causes a risk that Hunter may
be subjected to dvll or criminal litigation, charges, or damages;
1. Hunter Is required to provide 72 hour written
notice of termination for failure to rectify
vtolatlons of sections 7.1 part a and b.
or;
(c) has a technical Issue beyond Hunters control that Is
currently causing Hunter or Hunters customers to be denied
access or to lose servtces by Hunter's Internet provtder.
1. Hunter Is not required to notify customer of
Violations of section 7.1 part c.
7.2. Cessation of Acalss. If Hunter ceases to provtde 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 Hunter 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 servtces, merchandise or Information
on the Internet through Hunter. Hunter shall have no
responsibility to notify any third-party providers of servtces,
merchandise or Information of any discontinuance of any
servtces pursuant to this section, nor any responsibility for any
consequences resulting from lack of such notification.
7.3. Termination Fee. If Hunter terminates this agreement for
cause, or If Customer terminates this agreement without cause, Customer
shall pay Hunter a termination fee equal to the lesser of:
(a) the remaining charges applicable through the end of the
scheduled term, or;
(b) two month charges.
8. No W.mtntles. To the extent permitted by applicable law, Hunter Is
providing the servtces and the system (Including but not limited to the
Hunter facilities and/or equipment and any access to the network). Hunter
agrees, to the extent feasible, that all equipment provtded by Hunter shall
function to permit Customer access to the bandwidth purchased hereunder.
Except for the obligations assumed by Hunter under the terms and
conditions of this agreement, Hunter hereby dlsdalms all other warranties, If
any, either Implied, statutory or otherwise, with respect to any of the system
and services provided or to be provided under this agreement, Including but
not limited to warranties of merchantability, fltness for a particular purpose,
or lack of vtruses.
Hunter makes no warranty:
(a) of title, quiet enjoyment or lack of Infringement with respect
to the system or servtces;
(b) that the system or servtces are "year 2000W compliant.
9. Exduslon Of Certain Damages; Umltatlon Of Uablllly And
Remedy; Exduslve Remedy.
Hunter's total liability to Customer under this agreement and the
transactions contemplated herby, Including without limitation any liability of
Hunter 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
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services, which damages shall not, In the aggregate, exceed 100% of the
maximum amount Customer could pay for services for one year under the
terms and conditions of this agreement.
Except for the provision of credits to Customer's account as specifically
provided in Addendum "A," the rights and remedies granted to Customer
under this section 9 constitute Customer's sole and exclusive remedy against
Hunter, 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 Hunter shall have no liability for the negligence, products, services or
websites of Customer; of affiliates; of developers or consultants identified of
referred to Customer by Hunter; 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 Hunter.
10. Uncontrollable Conditions. Neither party 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 jurisdiction 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 provision, 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 Hunter. This agreement constitutes the entire understanding
between Customer and Hunter with respect to Service provided herein and
supersedes any prior agreements or understandings.
13. Hunter Communications Acceptable Use Policy for Hunter IP
Products and Services.
Hunter Communications Acceptable Use Policy (the "Policy") for Hunter IP
Products and Services is designed to help protect Hunter, Hunter's
customers and the Internet community In general from irresponsible or, In
some cases, Illegal activities. The Policy Is a non-exclusive list of the actions
prohibited by Hunter Communications. Hunter Communications reserves the
right to modify the Policy at any time.
13.1 Prohibited Uses of Hunter's Systems, Products and Services.
1. 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 control laws.
2. Sending unsolicited mail messages, including the sending of
"Junk mall" 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).
Hunter 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.
3. 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 Hunter customers or end-
users by any means or device.
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7. Knowingly engage in any activities that will cause a denial-of-
service (e.g., synchronized number sequence attacks) to any
Hunter customers or end-users whether on the Hunter network
or on another provider's network.
8. Using Hunter's Products and Services to interfere with the use of
the Hunter 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 Hunter IP customer Is responsible for the activities of its customer
base/representatives or end-users and, by accepting service from Hunter, is
agreeing to ensure that its customers/representatives or end-users abide by
this Policy. Complaints about customers/representatives or end-users of
Hunter IP Customer will be forwarded to the Hunter IP customer's
postmaster for action. If violations of the Hunter Communications
Acceptable Use Policy occur, Hunter IP customer's Products and Services
reserves the right to terminate services with or take action to stop the
offending customer from violating Hunter's AUP as Hunter deems
appropriate, without notice.
13.2 Terms of Service. To ensure that all Hunter Network users
experience reliable service, Hunter requires users to adhere to the following
terms and conditions. If you have any questions or concerns regarding
Hunter service, call the appropriate contact listed on your monthly billing
statement. Cable Modem customers need to contact their respective ISP
providers.
City of Ashland:
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Addendum "A"
Hunter Communications Service Level Agreement R1.15
1. Hunter Backbone SLA
These Hunter Communications (Hunter) Backbone Service Level Agreements (SlAs) provide Customers with
certain rights and remedies regarding the performance of the Hunter Backbone (as defined below). These
Hunter Backbone SlAs apply only to the Hunter fiber optic transit and transport services. Notwithstanding the
foregoing, these Hunter Backbone SlAs do not apply to services such as, by way of example but not limitation,
remote side VPN or Dial-up access services.
2. Definitions
For purposes of these Hunter Backbone SlAs, the following terms have the meanings set forth below:
· "Hunter Backbone" means Hunter owned and operated Intemet Protocol (IP) routing, and Layer 2 transport
infrastrudure.
· "IP Transit Backbone" means backbone connections purchased from other netwof1( service
providers such as Qwest, Verio, ete for the purposes of transiting IP traffic from the core Hunter
network to and from the Internet.
· "Network Outaae" means an instance in which no traffic can pass in or out of the Selected POP
through which Customer conneds to the Hunter Backbone for more than 15 consecutive minutes.
. "Latency" means the average time required for round-trip packet transfers between Selected routers
on the seleded portions of the Hunter Backbone .during a calendar month, as measured by Hunter.
. "Packet Loss" means the average percentage of IP packets transmitted between Selected routers
during a calendar month that are not successfully delivered, as measured by Hunter.
· "Averaae Jitter" means the average variation in delay for packet transfers between Seleded routers
during a calendar month, as measured by Hunter.
· "Maxinum Jitter" means the maximum variation in delay for packet transfefs between SeIeded
routers, as measured by Hunter.
. "Base Fee" consists solely of the base monthly fee paid by Customer for the affeded Hunter service
and excludes all other fees which might be charged to Customer, including, by way of example and
not Iimiation, set-up fees, fees for local loop, space rental fees, charges for additional services such
as managed services, incremental bandwidth usage, eledricity, extra IP addresses, RAM, or hard
drives beyond that which is available without additional charge under Hunter's standard rates, hourly
support charges, and other types of optional additional services.
For Customers of Hunter Fiber transit and transport services, the Base Fee may include just the base
monthly access or bandwidth fee paid by a Customer.
3. Summary of Hunter Backbone SLAs
As described in more detail below, these Hunter Backbone SlAs provide commitments based upon goals in
four key areas:
· The Hunter Backbone available to Customer free of Network Outages 100% of the time.
· Latency of the Hunter Backbone of (i) 45 milliseconds or less.
. Packet Loss of the Hunter Backbone of 0.1 % or less.
. Average Jitter on the Hunter Backbone of 500 microseconds or less; and Maximum Jitter not to
exceed 10 miUiseconds more than 0.1% of the time.
4. Hunter Backbone Availability
Hunter's goal is to make the Hunter Backbone available to Customer free of Network Outages 100% of the time.
Subject to Sections 9 and 10 below, upon Customer's request, Hunter will issue a credit to Customer for
Network Outages in an amount equal to one day's worth of the Base Fee paid by Customer, multiplied by each
hour (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outages during a
particular month.
5. Hunter Backbone Latency
Hunter's goal is to keep latency on the Hunter Backbone to (i) 45 milliseconds.
Subject to Sections 9 and 10 below, if Latency on the Hunter Backbone, as applicable, for a calendar month
exceeds the time frame set forth above for the applicable portion of the Hunter Backbone, Hunter will issue a
credit to Customer equal to one day's worth of the Base Fee paid by Customer for such month.
The terms of this Hunter Backbone SLA related to Latency will take effect the first full calendar month after
Customer's first use of the Hunter Backbone.
6. Hunter Backbone Packet Loss
Hunter's goal is to keep Packet Loss on the Hunter Backbone to 0.1 % or less. If Packet Loss on the Hunter
Backbone exceeds 0.1 % during a calendar month, Hunter will issue a credit to Customer equal to one day's
worth of the Base Fee paid by Customer for such month.
The terms of this Hunter Backbone SLA relating to Packet Loss will take effect the first full calendar month after
Customer's first use of the Hunter Backbone.
7. Hunter Average and Maximum Jitter
Hunter's goal is to keep Average Jitter on the Hunter Backbone to 500 microseconds or less; and for Maximum
Jitter not to exceed 10 milliseconds more than 0.1 % of a calendar month. Subject to Sections 9 and 10 below, if
Average Jitter on the Hunter Backbone exceeds 500 microseconds; or if Maximum Jitter exceeds 10
milliseconds more than 0.1% of a calendar month, Hunter will issue a credit to Customer equal to one day's
worth of the Base Fee paid by Customer for such month.
The terms of this Hunter Backbone SLA relating to Jitter will take effect the first full calendar month after
Customer's first use of the Hunter Backbone.
8. Measurement
Hunter will periodically (on average every 15 minutes) measure the Hunter Backbone at Selected routers using
software and hardware components capable of measuring traffic and responses at such Selected routers.
Customer acknowledges that not every router may be covered by such measurements, that such
measurements may not measure the exact path traversed by Customer's packets, and that such measurements
constitute measurements across the Hunter Backbone but not other networks to which Customer may connect.
Hunter reserves the right to periodically change the measurement points and methodologies it uses without
notice to Customer.
9. Exceptions
Customer shall not receive any credits under these Hunter Backbone SLAs in connection with any failure or
deficiency of the Hunter Backbone caused by or associated with:
1. Circumstances beyond Hunter's reasonable control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or
delay in transportation, unavailability of or interruption or delay in telecommunications or third party services,
failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment
needed for provision of the Hunter Backbone SL.As;
2. Failure of access circuits to the Hunter Backbone, unless such failure is caused solely by Hunter;
3. Scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of Hunter,
5. False SLA breaches reported as a result of outages or errors of any Hunter measurement system; or
6. Customer's acts or omissions (or ad or omissions of others engaged or authorized by Customer), induding
without limitation, any negligence, willful miscondud, or use of the Hunter Backbone or Hunter services in
breach of Hunter's Terms and Conditions of Service or Hunter's Acceptable Use Policy.
10. Credit Request and Payment Procedures
In order to receive a credit, Customer must make a request in writing (email is sufficient) to their sales
representative. Each request in connection with a Network Outage must be received by Hunter within seven
days of the Network Outage and must be confirmed by Hunter's measurements of the Hunter Backbone. Hunter
must receive each request in connection with Latency or Packet Loss in a calendar month within seven days
after the end of such month.
Each valid credit will be applied to an invoice of Customer within two billing cycles after Hunter's receipt of
Customer's request therefore. Credits are exdusive of any applicable taxes charged to Customer or collected
by Hunter.
Notwithstanding anything in this Hunter Backbone SLA to the contrary, the total amount credited to a Customer
in connection with Network Outages, Latency, Jitter and Packet Loss in any calendar month will not exceed the
Base Fee paid by Customer for such month.
11. Reporting Outages
All outages should immediately reported to 1-800-939-6336. This number is staffed 24x7 and will provide
immediate notification to the correct technician.
12. Response Time
In the event of a service outage deemed to be at the Hunter service level, Hunter will have a technician
investigating the issue within 4 hours of notification.
City of Ashland:
By:
TrUe:
Date:
Hunter com~un'cations:
BY:,t' ~
Title' 0 , J
. r,f'S;~,,-.// CEo
Date:
~/ ,hI ~()tJ'J
-,-- - --
Addendum "8"
STERLING -~
SAVINGS BANK-
DIRECT PAYMENT
Authorization Form
I hereby authorize Hunter Construction, Inc. dba Hunter Communications ("the Company") to initiate withdrawals
from my account at the financial institution named in this application for payment of my monthly bills to the Company.
This authorization will remain valid until I, the Company, or my financial institution revoke it.
I can suspend payment of a monthly bill by notifying the Company at any time prior to 4:00 p.m. three business days
before the payment is scheduled to be deducted from my account. I understand that two or more suspensions in a 12-
month period will result in cancellation of my participation in the Direct Payment program.
I understand that the Direct Payment program is an alternative method of payment only and does not otherwise affect
my rights or the rights of the Company or my financial institution with respect to each other. I further understand that
the Company and my financial institution reserve the right to terminate the Direct Payment plan and/or my participation
in it. If I wish to discontinue my participation in the Direct Payment plan, I may do so by notifying the Company.
Name of Financial Institution Checking or Bank Routing Bank Account Fixed Amount
Savings Number Number (Optional)
Account Holder Signature
Date
Joint Account Holder Signature
Date
For the Company to verify bank account and routing numbers, account holders should attach a VOIDED CHECK for
each account holder account to be debited. The Company and account holders should retain completed copies of this
form for their records.
THIS FORM IS FOR THE COMPANY/ACCOUNT HOLDER USE ONLY
It is not required to forward copies to Sterling
4Jt-
~.,
RECEIVED
FEB 1 5 Z007
ACCOUNTS PAYABLE
INVOICE
DATE
INVOICE NO.
2/15/2007
16538
BIU TO
JOB SITE
. Oty of Ashland
Attn: Finance Department
20 E. Main Street
Ashland, OR 975~ ..
~Jv-J ~'I'-
> 'fytt.
., t 11-/"'- , .
Oty of Ashland
Attn: Accounts Payable
20 E. Main Street
Ashland, .OR 97520
P.O. NO.
07227
TERMS
15 Net in 15 Days
PROJECT
1524 CIty of Ashland Monthly Bandwidth
Payment received for February monthly bandwidth service on 1/31/07 for invoice
#16195
/!JJ
'6. 1,285.74
pi
~.A fl,.~. .~"'."J".".",
c-- "4.' "'"
l' -4,000.00 . .~
Monthly Bandwidth Service from February 1 to February 9 based on old contract
. rates of $80/Mbs for 50 Mbs for 9 days
~\.;
l-_,,'...
"""'-".'!--
J:'~ "
.,~~ Pr:J ~oo
:",/ U! ~ ~ ~a of
Actual usage will be reviewed on the 1st of every month (or the first business day if
,the 1st falls on 'a w voice for
additional amount lied amount and
actual usage.
FINANCE
';'1' ~ tJ "5'.
~4l.1.
Total Due
We appreciate you
Balance Due
arge of 1.5% (APR18%) per monthf: . /J
as pennltted by law. ~ ~ 0
I Point OR 97502 (/7'7 fA.p6 ~
Please contad Accounting at (541) 772-9282 x2119 with questions. r iI ~ ~ t ,..
In case of emergency due to service outage call 800-939-6336. () yt ~ I-'
~,~
,.'
.... . '.
~ ~o mUm u~ i c~ t ~o R
801 Enterprise Drive
Central Point, OR 97502
n s
RECEIVED
FEB 1 5 Z007
ACCOUNTS PAYABLE
INVOICE
DATE
INVOICE NO.
2/15/2007
16539
BILL TO
City of Ashland
Attn: Accounts Payable
20 E. Main Street
Ashland, OR 97520
Job Site
City of Ashland
Attn: Finance Department
20 E. Main Street
Ashland, OR 97520
~d''--' r:L "v~.w
CJ
P.O. NO.
TERMS
30 Net 30 days
DESCRIPTION
Monthly bandwidth service at the contract rate of $150/Mbs for 50 Mbs
AMOUNT
7,500.00
~d~
(L/At ~rtL t!-.,L p~U!~
~ APpr,oved for paym~~~
o Do Not pa , .^ ,. ~
Signatur
Account
Date
PLEASE
$7,500.00
This invoice is for service for th
We appreciate your business!! Thank
$0.00
$7,500.00
FINANCE CHARGE: Past due amo
Cost of collecting
) per month.
Please remit payments to: 801 Enterprise Drive, Central Point, OR 97502
Please call Accounting at (541) 772-9282 x2119 with any questions.
In case of emergency due to service outage call 800-939-6336.
~A'
CITY RECORDER'S COpy
CITY OF ·
ASHLAND
Page 1 / 1
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
r---- 3/13/2007 i r
07434 ,
VENDOR: 000082
HUNTER COMMUNICATIONS, 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: Ashland
Terms: Payable on receipt
Req. Del. Date:
Speciallnst:
Req. No.:
Depl: IT
Contact: Joe Franell
Confirming? No
INTERNET BANDWIDTH SERVICES
Request for Proposal
Contract terms: One year with the
option of two one year extensions for a
maximum period of three years.
37,500.00
Hunter contract siQned 02109.2007
SlidinQ fee scale based on monthly
usaQe.
UsaQe reports will be included with
monthly billinQ statements.
50 Mbps $150.00
51-75 Mbps $125.00
76-100 Mbps $100.00
101-150 Mbps $90.00
151-200 Mbps $85.00
201-250 Mbps $80.00
251-300 Mbps $75.00
PO issued for months 1-5, Feb-Jun 2007
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
E 691.02.46.00.60140
E 691.02.47.00.60140
#tit
VENDOR COpy
/
A request for a Purchase Order
REQUISITION FORM
CITY OF
ASHLAND
THIS REQUEST IS A:
o Change Order(existing PO #
Date of Request:
Required Date of Delivery/Service:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
Hl.LNiPa. {F-r7Yvv\L.H"\'I("a:h~J
&-0 I GY\'kf~r~~ /)(. ~ /'0 I
~*dJJo "_ _ DR.... q .., S"O:}
SOLICITATION PROCESS
Small Procurement
o Less than $5,000
o Quotes (Optional)
Sole Source
o Written findings attached
o Quote or Pro attached
CoODeratlve Procurement
o State of ORIWA contract
o Other government agency contract
o Copy of contract attached
o Contract 1#
Intermediate Procurement
o (3) Written Quotes
(Copies attached)
Description of SERVICES
(~~ - -:flA.r'eOl ~.v~'\h
4'StC 'I ~;; 3,,<;OO.l>:)
o Per attached PROPOSAL
Item # Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number _ _ _ _ _ _ . _ __
S?\..l\"'
"q I. 02.. L{ (.". CO. 601400
ld=11. 02. .41. 00. Co 0/ L(W
I ~,1S-0.O\)
1~'I)t).lJJ
o Per attached QUOTE
Account Number _ _ _ . _ _ . _ _ . _ _ . _ _ _ _ __
· Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can be provided upon request.
Employee Signature:,L:Y\u L j IY\. C( W) SupervisorlDept. Head Signatur' .
G: FinanceIProcedurelAPlFonns\B_Requisition form revised.doc
Updal8d on: llf2312006