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Home My WebLink About1993-134 .'0 . "." .. ... I #, "/ '/ RBSOLUTIOH HO. 93-134 1 RBSOLUTIOH OP THB CITY OP SAIl BBlUJARDIHO AUTHORIZIRG THB BXBCUTIOR OP All AGRBBHBNT BY AHD BBTWEBH IHPORMATIOR POR PUBLIC 2 APPAIRS AHD THB PUBLIC SERVICBS DBPARTIlBHT OP THB CITY OP SAR BBlUJARDIRO. 3 BB IT RESOLVED BY THB MAYOR AHD CONKOR COUNCIL OP THB CITY OP 4 SAR BERHARDIRO AS POLLOWS: SECTIOR 1. The Mayor is hereby authorized and directed to 5 execute on 6 7 behalf of said city an Agreement by and between Information for Public Affairs and the City of San Bernardino on 8 behalf of the Public Services Department, a copy of which is 9 attached hereto, marked Exhibit "A" and incorporated herein by 10 reference as fully as though set forth at length. 11 SECTIOR 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to 12 execute it within sixty (60) days of the passage of this resolution. 13 14 I HEREBY CERTIPY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 15 16 17 ad 'ourned regulaeeting thereof, held on the 10th day of May 1993, by the following vote, to wit: AnI Ravs Abstain Absent 18 19 20 21 22 23 24 25 26 27 28 x x x x x OPE-LUDLAM x x J!{~;. CI~ pril 27, 1993 1 RES 93-134 RBSOLUTION OP THB CITY OP SAR BERNARDINO AUTHORIZING THB EXECUTION OP AR AGREEMENT BY AHD BETWEBH IHPORMATION POR PUBLIC 1 APPAIRS AHD THB PUBLIC SERVICES DEPARTMEHT OP THB CITY OP SAR BBlUJARDIHO. 2 3 4 5 6 7 Approved as to form and legal content: The foregoing resolution is hereby May , 1993. \ :'l.+i\ day of ---/ 8 James F. Penman, City Attorney 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pril 27, 1993 2 '. Res. 93-134 ST~TEIBi CITYLINK SUBSCRIBER AGREEMENT Legislative & Regulatory Reporting Agreement made this 9th day of July, 1993, between Information for Public Affairs, Inc. (IPA) and City of San Bernardino (subscriber), a member of the League of California cities (the League). I. BACKGROUND. The purpose of this agreement is to provide subscriber with access to the private network of bill tracking, electronic mail and database services which are collectively called "CITYLINK" (the "Services"). II. RESPONSIBILITY. It is agreed that the League and IPA will provide the Services described herein as quickly and accurately as possible, and make any necessary corrections promptly upon notification, It is further agreed that neither the League nor IPA will be liable for any delays, omissions or errors that may occur in providing the Services, and subscriber will hold the League and IPA harmless against any claims or legal action arising from subscriber's utilization of or reliance on the Services provided under this agreement. III. USE OF INFORMATION. It is agreed that information supplied by the League and IPA to subscriber is for subscriber's use only. IV. ELEMENTS OF SERVICE. The following CITYLINK Services will be provided from the first day of August, 1993 through the last day of July, 1994. Access to all electronic mail, bulletin board and related information services supported by the League. 12 hours of connect time through local telephone access at no additional charge. Telephone help desk and online training at no additional charge from 8:00 am to 6:00 pm Monday through Friday, holidays excluded. One login and complete set of user guides for each subscriber login. V. PAYMENT SCHEDULE. The total base fee payable under this agreement is $510.00, and is payable in ful~. Any use fees for services in addition to those included In the base fee shall be billed monthly in accordance with the attached Rate Schedule Addendum. IQ:S 93-134 ST~TEIDI VI. GENERAL PROVISIONS. Legislative & Regulatory Reporting 1. Severabilitv. If any provision of this Agreement is declared by a court to be illegal, unenforceable, or void, the remainder of this Agreement shall remain in force and the rights, duties and obligations of either party under the remaining provisions shall not be affected in any way. 2. Applicable Law. This Agreement shall be governed by the laws of the state of California and shall be enforceable in Superior Court in Sacramento county. 3. Assiqnment. This Agreement, or any portion thereof, shall not be assigned by either party without the written consent of the other party. 4. Headinqs. The Article and section headings are for reference only and shall not be used in interpreting this Agreement. 5. Previous Aqreements. This Agreement and Rate Schedule Addendum supersedes all previous agreements and understandings, whether oral or written, and constitutes the entire understanding between the parties. 6. Amendment. This Agreement may be modified or amended only upon the written agreement of both parties. 7. Attornev Fees. In the event any legal action is necessary to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to costs and reasonable attorney's fees. CITY OF SAN BERNARDINO , By: ----;-r;",;j-; /"1t~ / b".LL. F [ Title: Mayor-City of San Bernardino INFORMATION FOR PUBLIC AFFAIRS, INC. J~F~ By: Date: 7-13-93 Title: LOCAL 6t>v/. Au7". REF', Date: 7/9/1:3 Form LCC/89 (8/88) I RES 93~ 134/ ST~TEI&I Legislative & Regulatory Reporting STATE NET RATE SCHEDULE ADDENDUM CONNECT TIME Connect time in addition to that provided in the contract will be billed at the rate of $.70 per minute ($42 per hour) for each minute of additional connect time. At subscriber option, additional connect time may be pre- purchased in minimum blocks of 12 hours at $360.* USER LOG INS Additional logins (including one set of user guides) may be purchased at the rate of $5 per month ($60 annually) per each login. Logins permit access by more than one user under subscriber's agreement, and provide separate accounting for connect time used by each separate login. TRAINING Training at subscriber's location may be purchased at a cost of $250 per half day plus travel expenses. Up to eight persons from subscriber's offices may attend a training session. USER GUIDES Subscriber may also order additional training materials as follows: User Guide package (including Quick Reference Cards) at a cost of $25 per set. Alpha Index and Keyword List at a cost of $25 per set. Both of the above at a cost of $40 per set. Quick Reference Card sets only $2 each or $1.50 each for ten or more. * Additional purchase orders for such block purchases must be received by IPA no later than the last working day of the month to be applicable usage in the subsequent month.