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Home My WebLink About2008-045 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-45 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO TIME WARNER CABLE FOR DIRECT INTERNET SERVICE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: That Time Warner Internet Services is the selected source for the City's Internet access services. Pursuant to this determination, the Director of Finance or hislher Designee is hereby authorized to issue an Annual Purchase Order to Time Warner Cable for the City's Internet access services in the amount not exceed $42,000.00 for fiscal year 2007/2008 for 60 megabit per second Ethernet Internet service. The contract term is 36 months, with an annual cost of not more than $42,000.00. SECTION 2: That the City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City an Agreement between the City of San Bernardino and Time Warner Cable, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein as if fully set forth at length. SECTION 3: This purchase is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases approved by the Mayor and Common Council". III III III III " " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO TIME WARNER CABLE FOR DIRECT INTERNET SERVICE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 4th day of Februarv , 2008, by the following vote, to wit: Abstain Absent Council Members Aves Nays ~ x x x x X- X ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON McCAMMACK ~h. (I-1.1.A-k. Rac el G. Clark, City Clerk The foregoing resolution is hereby approved this ?r1-I February day of , 2008. ~-, .. 1. Morris, San Bernardino Approved as to form: James . Penman, City Attorney 7146301360 TWCable South 01lo'510n 09: 56: 53 a.m. 02-19-2008 1 '12 2008-45 , VENDOR SERVICE AGREEMENT This Vendor Service AlI.reement is entered into this 4th day of Februarv 2008. by and between Time Warner Cable ("VENDOR'1 and the City of San Bernardino ("CITY" or "San Bernardino"). WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the 60 megabit per second Ethernet Internet connection and DNS services; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for the 60 megabit per second Ethernet Internet connection and DNS services. NOW, THEREFORE, the parties hereto agree as follows: I. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth on the Standard Guidelines, attached hereto as Schedule "A" and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of$42,000.00 annually. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for a period of three years. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. EXHIBIT "A" 7146301'360 TWCable South Dlvslon 09:57: 12 a,m. 02-19-2008 2/12 2008-45 . 4. INDEMNITY. CITY agrees to indemnify and hold hannless VENDOR, its officers, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim. action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. S. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of S I ,000,000.00 combined single limit, and statutory workers' compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. 2 7146301360 TWCable South Olvslon 09:S7:30a.m. 02-19-2008 3/12 2008-45 . In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age. mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8, BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS, VENDOR warrants that it possesses, or shall obtain and maintain, a business registration certificate pursuant to Chapter S of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9, NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 3 7146301360 lWCable South Olvslon 09:57:50..m. 02-19-2008 4/12 2008-45 . TO THE CITY: Tom Marek, IT Director JUU Nonn -.U ::ttreCl San Bernardino, CA 92418 United States Telephone: (909) 384-5947 TO THE VENDOR: Dawn Davis Senior Account Executive Time Warner Cable Business Services Group Enterprise Division 3430 E. Miraloma Ave. Anaheim, Ca. 92806 Telephone: (714) 414-1403 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all coSIS and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its righlS or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. II. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer. sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY' s consent, no subletting or assignment shall release VENDOR 4 7146301360 lWCable South Dlvslon 09: 58:07 a.m. 02-19-2008 5'12 2008-45 . of VENDOR's obligation to perfonn all other obligations to be perfonned by VENDOR hereunder for the tenn of this Agreement. 12, VENUE, The panies hereto agree that all actions or proceedings arising in cOMection with this Agreement shall be tried and litigated either in the State couns located in the County of San Bernardino, State of California or the U.S. District Coun for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the panies to be mandatory and not pennissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the panies to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16, SEVERABILITY. If any provision of this Agreement is detennined by a coun of competent jurisdiction to be invalid or unenforceable for any reason, such detennination shall not affect the validity or enforceability of the remaining tenns and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 5 71463013(j() TWCabl. South Olvslon 09:58:24a.m. 02-19-2008 6/12 2008-45 , VENDOR SERVICE AGREEMENT Time W.rner IUd the City ofSla Bern.rdiao 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties. and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ~/ 11 .2008 . TIME ~~ CABLE By: ~ df/~ Its: /(~t.-.J J 4~'" fr-~Jt J-.,...f Dated 4 (, ,2008 ARDINO By: Approved as to Form: 6 7146301360 TWCable South Olvslon 2008-45 09:59:14a.m. 02-19-2008 9/12 . 1!> TIME WARNER CABLE Business Class ~ PROPOSAL Reauirements Location(s}: 300 N 0 8t . San Bernardino CA BIndwldlhfTopoIogy: eoMbps lnlemel Aa:eIs Meximum &unit R8lIe: NA Redund8ncy: NA HandoIf: 100 Mbpe ElhemeI, run duplex, UTP cable Solution 6QMbps Intemel AccelIlI to 300 N 0 St, San Bem8nlino CA Flat Rate BiDing 100b8Se- TX Ethernet Halldolf - UTP. fill duplex Tme WlInw Cable BuIineI8 CluB Schedule "A" Page1of4 7146301360 TWcable South Dlvslon 2008-45 1!'> T1MEWARNER CABLE Businessaass ~ , , 09: 59:23 a.m. 02- 19-2008 10'12 PROPOSAL Aa 8 point or tnlA"IIIIIon, our OpliclIIMlIlro ElhemIt IntlmltAccelt II III IP _IEEE 802.3 b88ed FuI Duplex 1IClIk.il....1l...IkWld...... It II p.~1IICI on ded~ 11 d tibIr optic f8cIIliIII fnlm lhe ClIlIllImer pllIll'.Illll1D lhe 1\\'C hub ... and II ndIllImII8d at lhe Elhemet Aggnlg8lIon IWilch fnlm 5101lpa 11I1 Gbpa. A SIIllPIe or lhe PubIlc Inlemet ServIce an:hil1lcture is .hawn below. - .. - .c ,J - _D Public: InIIImet Service Architecture The cuatomer JlI8lllisea facing dem..tMIol. point Is 8 media COl Mllter pIOVidlId by lWC lID COIMIIl ftber optic b88ed sIg/IIIIs 1II.IIl...lI1caI E1hemIt ~ bIIlIecI sign8Is. Elhemet Inlemet AcceI8ll1f\1lce1_ designed lID support aJBtomer InlIlmel AcceIt ~ I1IClWrtng high speed, low InIncy network _.icea IIld port speed plOVIIlon8d IICIOlIlI the T'NC netwoI1<. TIIII8 W- CIIbIe 8uIIIIeII CIIs8 Schedule "A" Page 2 of4 -" 7146301360 TWCable South Dtvslon 09:59:39 a.m. 02-'9-2008 "/12 2U\lIl-4) ? TIME WARNER CABLE Business Class - PROPOSAL QUOTE: Ifon bcurrlna ehll,...: Location 300 N 0 It, San Bemanllno Installation Fee 0.00 IIonIIIIv RKuntna ,...._~ Internet Circuit SoMd Tenn MRC " OOMbos 36 Month $3.500.00 . Penalties for earlv termination: Balanoe of contract t;__:, Schedule "A" Tme Warner Cable BuII_ Class Page 3 of4 7146301360 TWCable South Dlvslon ..,. TIME WARNER CABLE \:'" ....... Class ~ 2008-45 TIme War rIer Cable-Representative Contact Information 09:59:49a.m. 02-19-2008 12/12 PROPOSAL Dawn Davis Senior Account Executive, Business Services Group 3430 E Mira Lorna Anaheim, CA 92806 dawn.davis@twcable.com Office: 714-414-1403 Cell: 949-307-9459 TIl1WI w- C8bIe BUIinelIlI CIa86 Schedule -I\.- Page4of4 7146301360 lWCable South Olvslon 09:58:37..m. 02-19-2008 7/12 , 2008-45 1!'> TIME WARNER CABLE Business Class - PROPOSAL January 14, 2008 Lany MartIn Nelwak Sy&llImS Administrator City of San Bernardino 300NDSt San Bernardino CA 92418 Re: 10M'" FIMr ConMCllvlty InWMt AGel.. PropouI Dear Lany, Following our ~ phone meetings and subsequent needs .-lysis, pleae 1100 our proposed solution. The fllllowing refleclB the rtlqulred OOIlstruclion, Inst8Il8tJon and provisioning far the following lIllrvices and addlll5S: 80M'" FIbIr Connecllvlty ,...... Ace... to 300 N 0 St Sin Bemanllno CA In the event th8l you may need any additional infarmllllOn, or have eriy qllllllionl, pleaSe do not '-ilate to conlaCI me directly. I can be I'6lIChed during oIfice hOllrut 714-414-1403. I look foIward III working with you on this Important project and welcome your can whenever I may be of assIslance. Best regards, (Dawn A Davis Senior Account Executive llullness Senicll8 Group Entllrprise Division Tme Wamar Cable Business CIa8& Scbedule -A- Page 1 016 - ^ -- . 7146301360 TWCable South Dlvslan 09:SlI:SOa.m. 02-19-2008 8112 2008-45 4Ib nMEWARNER CABLE ~ Business Class ~ PROPOSAL About Time Warner Cable A pa-in the ClIbIIIndu8lJy. Trne Warner Cable 0WlllI and manageslhe IlICIIt advanced. best- c1ulllllnldCllbll....Jilion _...in lhecounlly. wilh over 93% ofilllPPl...di,llIlIllIy 11 maJn CUItomIIw in .........."q 100.000 people or more. Through technologicllllnllOVl\lOn, 8 fully UIIlII'IdId ftbIr..a.ecl neNioItt 8Ild 8 .........llmInt eo ~ c:holce 8Ild value for our Cl4tDmIl8, Tine WM* Cable brlngIthe dIgIlIIlIlJIlneo America's corrmIlllIeI8Ild Is b...sfomllng the ~ ~..18C8ive IrdDnn8IIon 8I1d enlBItaInment Tine WBmer Cable ~ C.... 8 8lII1Iice of Trne W_ Cable. is the nation.s number one ClII..._.M ClIbIIlIloadblnd ..w:e pnMder. Ro8d RlnIer ~ CIBIlI orr.n bnIlIdblnd 1nl8rnlll1lllullclM eoCOlllllllllcllll c:uMDnwlin I1llIjar U.S. urb8n8l1d IIIbuIIlM _, Begli'llllng in 1998. the 1WC IluIlMR CIlIa __Is deli.er8d eo CIIIlDmerS IhnJugh 8 _11biI......, of tiber- optic lllliall" 8I1d IlIlIIonII net- ka and Tine WM* CabIe's hyllrid fiber-cauill (HFC) infraItruclUre. Ro8d Runner BuIll.- CIlIa Is ptlhl8lly ofI'8nId through Trne w.ner Clible sy8IIma. 8Ilhaugh IIIlIct AfMJad Newhouse systems 8Isa plOVlde the IeMce in CMII' 40 IlBlullIII1IIlIonwlde. . TimeW_Cable..vlce p8IS8Ill1lIllllh8n 18 million U.S, homes . Tine WM* C8bIe cunently __ a.eIlIo.18I'S In the faIawlng slBles: AIIIb8m8, ~ c.Iifarni8, Flarid8, GeaIgiI, H8WIlI, 1ncIl8n8. ~. lou.'f llI, Maile. M8I88chu8BlI8. ~ -- "IWl. MIIIaurI. North C8roIna. NebnIIlc8, New H8mp1hIr8. New......,. New YOlk, OhIo. Oldehama, PennsyIvanl8. South ClIIoIIII8, T8II/III.I88. T-. WIll..olISIn. and Well VIIglni8. . Tme Warner Cable employs .-ly 30,000 peapIe IICI'llSS the U,S. . TrneWM*CabIe 1nc.1s8"~9'YofTineWamerlnc. (NYSE;1WX), tonnerlyknawn. AOL TIme WBmer Inc.. wtlil:h _l'ormId in 2001lhn1ugh the ...... of America 0nIna. WM*1IrolI.. HBO. The WBmer Music GRlup. CNN. Tumer B~1lI SyslBms, and Trne Inc. 1Il8glIZIneS. Schedule -A- Tine WBmer C8bI8 B__ CI8IlI Page 2 01'6