HomeMy WebLinkAbout2007-163 Agrmt - Hunter Communications
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Internet / Intranet Service Agreement
Vo1.9.3.1 - QUQ-01499-IPZ6D - V.I - 3/1/07
1. SERVICES................................................................................................................................... ............................. 4
1.1. DATA SERVICES 4
1.2. INSTALLATION SERVICES 4
2. TE RM S .......................................................................................................................................... ........................... 4
3. CHARG ES ..................................................................................................................................... ............................ 4
3.1. DATA SERVICES RATE 4
3.2. INSTALLATION SERVICES CHARGE 4
3.2.1. UNINTERRUPTIBLE POWER SUPPLY 4
3.3. LATE PAYMENT, DEPOSIT, ELECTRONIC BILLING 4
3.4. TAXES, FEES, GOVERNMENT CHARGES 3
4. SE RVICE LEVE LS ............................................................................................................................................... ...... 4
5. HUNTER FACILITIES AN D EQUIPM ENT ................... ............................................................................................... 4
5.1. REMOVAL 4
5.2. PROPER ENVIRONMENT 4
5.3. DAMAGE 4
6. RIGHTS AND OBLIGATIONS OF CUSTOMER ..........................................................................................................4
6.1. INSTALLATION
6.2. PREMISES ACCESS
6.3. ACCEPTABLE USE POLICIES (AUP)
6.4. SYSTEM INTEGRITY
6.5. HUNTER EQUIPMENT MOVEMENT
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7. TE RMINA TION .......................................................................................................................................... .............. 5
7.1. CESSATION OF SERVICE
7.2. CESSATION OF ACCESS
7.3. TERMINATION FEE
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8. NO WARRANTIES.................................................................................................................................. ................. 5
9. EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY AND REMEDY; EXCLUSIVE REMEDy............. 5
10. UNCONTROLLABLE CON DITION S.......................................................................................................................... 6
11. SEVE RABILITY ................................................................................................................................... .................... 6
12. G E N ERAL PROVISIONS............................................................................................................................... ........... 6
13. HUNTER COMMUNICATIONS ACCEPTABLE USE POLICY FOR HUNTER IP PRODUCTS AND SERVICES.............. 6
13.1 PROHIBITED USES OF HUNTER'S SYSTEMS, PRODUCTS AND SERVICES
13.2 TERMS OF SERVICE
13.3 HIGH SPEED DIRECT FIBER CONNECTION
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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 (P.O.)
Key Contact: Terry Holderness
Billing Address: 1155 E. Main, Ashland, OR, 97520
Phone: 541.552.2138
Email Address: holdernesst@ashland.or.us
Premises Address (if different): Ashland P.O. to Medford P.O. connection
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 36 months, unless sooner terminatea 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 automatically be extended on a
month-to-month service agreement basis on the same terms and conditions.
Hunter reserves the right to modify charges for month-to-month service
agreements upon 25 days prior written notice to Customer.
3. Charges. Hunter agrees to provide an Internet connection service for
which Customer agrees to provide consideration as outlined below:
Point to Point: $648.00 billed monthly
Level of Service
Date to . -,,1 0 ""I
Initial
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PTP
3.1. Data Services Rate. From the service start-up date,
Customer shall pay the rate specified 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 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").
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: Not Appiicable. Renewal
contract.
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 uninterruptible power source, Hunter will provide one for
the price iisted below.
APC Uninterruptible 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 1'12% 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 monthiy 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.
3
4. Service Levels. Hunter will exercise reasonable efforts to provide
Internet service on a 24-hour-a-day, 7-day-per-week basis. Customer
understands and acknowledges that Hunter does not warrant that its
Internet service will be provided without interruption. Customer also
understands that the rates and speed for this service is based on the
utilization of burstable data transmission methodology where the full
bandwidth contracted for is to be utilized in bursts only and not
continuously. Hunter 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 time by Hunter
acting in its sole discretion, and all such changes shall be binding upon
Customer upon written notice to Customer by Hunter.
In the event of a Internet service outage deemed to be at the Hunter
service level, Hunter will have a technician investigating the issue within 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 consecutive hours in
duration, and of which Hunter receives written notice within 48 hours of
such failure or interruption, Hunter shall credit Customer's account with
respect to the affected service by an amount equai to one-thirtieth of the
recurring monthly charge for the service for each 24-hour period during
which the failure or interruption continues. This credit shall be the sole and
exclusive remedy of Customer with respect to any interruption or failure of
the service.
No such credit shall be due, however, if the interruption is caused by
reasons beyond the reasonable control of Hunter or for reasons related to
scheduled network maintenance.
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 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, vandaiism
and other potential prc:biems. 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
Hunter Initials
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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
basis) for the implementation of all service acceptance date; Customer will
provide Hunter reasonable access to the Customer premises where any
Hunter facilities or equipment are installed. Hunter shall not be responsibie
for any faults on the network or any failure to perform the provisions of this
agreement to the extent that Hunter, 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 Hunter
facilities and/or equipment are installed supporting the failing service or
connection.
(a) During implementation, Hunter will normally carry out work required to
instail and/or repair Hunter's facilities and equipment during its normai
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. Acceptable 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 policies 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 responsibie for the use and compatibility of equipment
or software not provided by Hunter. In the event that Customer uses
equipment or software not provided by Hunter which impairs Customer's
Data Services or the network, Customer shall nonetheless be liable for
payment for all service, including without limitation any software provided
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 service obstruction, Customer shall immediately eliminate the likelihood
or hazard, interference, or service obstruction and if Customer fails to do so,
Hunter may take such action as it deems required to eliminate such hazard,
interference or service obstruction.
(b) 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 prior sentence, if, in Hunter's reasonable
opinion, 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 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 provision of the
services to any connection so affected. Following remedial action by
Customer satisfactory Hunter, Hunter will reinstate the service 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-provided 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 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 Hunter.
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6.5. Hunter Equipment Movement. Customer is obligated to
obtain written approval from Hunter prior to moving any of Hunter's
equipment. Moving of equipment without authorization may cause damages
and/or an outage. A customer-caused outage, due to the moving 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
Customer. No deductions to billing will be made for Customer-caused
outages.
7. Termination Either party may terminate this agreement for cause,
provided 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, including 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. Cessation of Service. Hunter 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 policies;
(b) engages in any conduct or activity that Hunter, in its sole
discretion, reasonably believes causes a risk that Hunter may
be subjected to civil or criminal litigation, charges, or damages;
or;
(c) would cause Hunter to be denied access or to lose services
by Hunter's internet provider.
7.2. Cessation of Access. If Hunter ceases to provide 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 services, merchandise or information
on the internet through Hunter. Hunter shall have no
responsibility to notify any third-party providers of services,
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. 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) six month charges.
8. No Warranties. To the extent permitted by applicable law, Hunter is
providing the services and the system (including but not limited to the
Hunter facilities and/or equipment and any access to the network) as is and
with all faults, 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 provided under this agreement, including but
not limited warranties of merchantability, fitness for a particular purpose, of
lack of viruses, lack of negligence or lack of workmanlike effort.
Hunter makes no warranty:
(a) of title, quiet enjoyment or iack of infringement with respect
to the system or services;
(b) that the system or services are "year 2000" compliant; or,
(c) that the operation of the system or service will be
uninterrupted or error free.
9. Exclusion Of Certain Damages; Limitation Of Liability And
Remedy; Exclusive Remedy. To the maximum extent permitted by
applicable law, in no event will Hunter be liable under any contract,
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
personai 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
Hunter Initials 4/l-.
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of other loss whatsoever) arising out of or in any way related to any breach
by Hunter of this agreement, to the provision or use of or inability to use the
system or services or otherwise with respect to any subject matter of this
agreement, even if Hunter has been advised of the possibility of such
damages.
Hunter's total liability to Customer under this agreement and the
transactions contemplated hereby, 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
services, which damages shall not, in the aggregate, exceed 100% of the
amount having actually been paid by Customer to Hunter in the twelve
month period immediately preceding the date on which the breach giving
rise to the damages occurred.
Except for the provision of credits to Customer's account as specifically
provided in section 4, 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 mititary 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 heip 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 vioiates export control laws.
2. Sending unsolicited mail messages, including the sending of
"junk mail" or other advertising material to individuais 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 coiiect replies to
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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 attel1jJlting 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.
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 unwiliing 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. Cabie Modem customers need to contact their respective ISP
providers.
13.3 High Speed Direct Fiber Connection.
. No reselling of bandwidth services; any wireless devices
distributing internet access or bandwidth on Customer premises
shall be secured and identified to Contractor.
. Bandwidth use will be monitored at the Hunter Head end.
Should a Business Service site exceed the maximum sustained bandwidth
contracted, you will receive a notification requiring your service ievel to be
upgraded to match the needs of your business usage.
Web Hosting services are permissible uses, such as a marketing firm hosting
pages for their customers. Other services not yet implemented may be
allowed by written consent of Hunter Administration.
Customer: City of Ashland - PD
Name: T';,2,1. 7 )-1./ /...;'> ';',1 IV' '- s. J
Title: (../-1 'I;; r (),::- p () (,. I ~ I~
Signature: ~ )~ ~ Date: b' '7. () 9
Hunter Communications:
Richard Ryan, prJ1lent ~
Signature: ;t' W ~
Date:()G//I~007
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Date ~ III /07
Date i,' 'f '.,) \
Page 1 / 1
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CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
7/20/2007 I I
07677
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VENDOR: 000082
HUNTER COMMUNICATIONS, 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: Ashland
Tenns: Net 15 days
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: POLICE
Contact: Gail RosenberQ
Confinnlng? No
THIS IS A REVISED PURCHASE ORDER
12.00 Mos RADIO / CAD / RMS - Se' to Medford
Monthly service char. e $648.00
PO issued for months 1 -
648.00
7,776.00
Hunter Contract
Terms: 36 Months
July 1, 2007 to June 30, 2010
Approved by Council at the July 17th
council meetinQ.
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BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
~~ri~~ture
VENDOR COpy
r.,
CITY RECORDER'S COpy
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
Page 1 /1
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VENDOR: 000082
HUNTER COMMUNICATIONS, 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: Ashland
Terms: Net 15 days
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: POLICE
Contact: Gail RosenberQ
Confirming? No
12.00 Mos RADIO / CAD / RMS . Services to Medford
Monthly service charQe $864.00
PO issued for months 1 - 12
648.00
7,776.00
Hunter Contract
Terms: 36 Months
July 1, 2007 to June 30, 2010
Approved by Council at the July 17th
council meetinQ.
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
~ ..h ..-. ~~ ~~ 7
Aut zed Signature
VENDOR COpy
A request for a Purchase Order
REQUISITION FORM
CI T Y 0 F
ASH.LAND
Date of Request:
THIS REQUEST IS A:
o Change Order( existing PO #
Required Date of Delivery/Service:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
Hllntpr r.nmmllnir.::ltinn~
801 Fntp.r:pri!:p. nr StP. 101
Central Point OR 97502
SOLICITATION PROCESS
Small Procurement [gI Sole Source t!..., n--n ~ .' D Invitation to Bid
D Less than $5,000 ~/Written findings attached (Copies on file)
D Quotes (Not required) cf' r; .111. "... .... "- c C! '- " (~") ~
CooDerative Procurement D Reauest for ProDosal
D State of ORJWA contract (Copies on file)
Intermediate Procurement D Other government agency contract D SDec1a11 ExemDt
D (3) Written Quotes [gI Copy of contract attached D Written findings attached
(Copies attached) D Emeraencv
D Contract # D Written findings attached
Item # Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number _____ _' ___
o Per attached QUOTE
Account Number 110.06.09.00.604160
· Items and seNices must be charged to the appropriate account numbers for the financia/s to reflect the actual expenditures accurately.
Employee Signature:
Supervisor/Dept. Head Signature:
"2&,7 Jkz----
~ "
G: FinanceIProcedureIAPlFonns\8_Requisition form revised.doc
Updated on: 6/28/2007
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t'age 1 or L
City of Ashland. Oregon / City Recorder / City Council Information / Packet Archives / Year 2007 / QJJJl. / CC
Police Contracts
Police Contracts
Council Communication
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Approval of Two Sole-Source Public Contracts with Hunter Communications Data and
Radio Fiber Optic Network Services
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Meeting Date:
Department:
Contributing Departments:
Approval:
Estimate Time:
July 17, 2007
Pollee
Information Technology
Martha Bennett
Consent Agenda
Primary Staff Contact: Terry Holderness
Emall: holderness@ashland.or.us
Secondary Staff Contact: Joe Franell
Emall:
Statement:
This action is to request approval from the City Council, as the Local Contract Review Board, to enter into
two Sole Source public contracts, each of which is for a thirty-six month contract period, with Hunter
Communications. One contract is for radio services and the second contract is for data services. These
support services will be provided through the fiber optic network located between the Ashland Police
Department and the Medford Police Department.
Staff Recommendation:
Staff recommends that the public contract for data services and the public contract for radio services be
awarded to Hunter Communications. The contract for data services will be billed at a cost of $648.00 per
month for a total contract amount of $23,328.00. The contract for radio services will be billed at a cost of
$864.00 per month for a total amount of $31,104.00. Each contract Is for a three year period (36 months),
which requires Council approval.
Background:
In order for the Pollee Department's existing dispatch system to operate there needs to be a fiber optic
network connection between the Police Department and Medford Pollee Department's dispatch center. That
network connection needs to be supported twenty-four hours a day seven days a week to support police
operations. At this time, the only service provider in the area that provides these support services with
around the clock - 24 hours a day and seven days a week - coverage is Hunter Communications.
Related City Policies:
Section 2.50.020 Public Contracting Officer's Authority
A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer may
execute without prior Council approval contracts that satisfy all of the following:
i. The contract has a total value of seventy-five thousand dollars ($75,000) or less;
ii. The contract does not exceed a twenty-four month contract period;
iii. The contract provides that the contract may be terminated by the City for convenience thirty (30) or
fewer days following delivery of written notice to the contractor;
iv. Funds are bUdgeted for the purpose of the contract;
v. The contract has been approved as to form by Legal Counsel unless it meets one of the exemptions
set forth below; in Section 2.50.025, and,
vi. All other requirements for public contract code procurement have been satisfied.
http://www.ashland.or.us/Page.asp ?N av ill = 10339&Print=True
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Section 2.50.025 Procedure for Review by Legal Counsel
B. Exemption from Review. Legal counsel review is not required in the following circumstances:
4. The total contract amount is less than $25,000.
Section 2.50.075 Sole Source
The appropriate department head shall determine when there is only one seller or price of a product of the
quality required available within a reasonable purchase area. To the extent reasonably practical, the
appropriate department head shall negotiate with the sole source to obtain contract terms advantageous to
the contracting agency. The determination of a sole source must be based on written findings that may
include:
(1) That the efficient utilization of existing goods requires the acquisition of compatible goods or services;
(2) That the goods or services required for the exchange of software or data with other public or private
agencies are available from only one source;
(3) That the goods or services are for use in a pilot or an experimental project; or
(4) Other findings that support the conclusion that the goods or services are available from only one source.
Council Options:
The Council, acting as the Local Contract Review Board, can approve the contract recommendations or
decline to approve the contract recommendations.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to award the public contract for data services
and the public contract for radio services to Hunter Communications.
Attachments:
Click on the PDF file below to vIew the followIng attachments:
· Contract for Data Services
· Contract for Radio Services
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Attachment PollceContracts.odf
(1238.5KB)
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7/17/2007