HomeMy WebLinkAbout16-Information Technology Department
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lea Deesing,
IT Director
Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
AUTHORIZING AN AMENDMENT TO
THE AGREEMENT WITH TIME
WARNER CABLE FOR DIRECT
INTERNET SERVICE.
Dept: Information
Technology
Date: June 8, 2011
MICC Meeting Date: July 18, 2011
Synopsis of Previous Council Action:
2008-45 February 4,2008, Agreement with Time Warner Cable for Internet access.
Recommended Motion:
#~/!?~
j/ Signature70Y Le#- r;ee~/"':;J
Adopt resolution.
Contact person:
T p~ nPoiPlii:ing
Phone:
"llld_'\lJd7
Supporting data attached: StaffR<:port
Ward:
All
FUNDING REQUIREMENTS: Amount:
$31,500.00
Source: (Acc!. No.) 679-250-5502-0000-0060
(A('(':t np~('riptl()n) Profp.~lii:i{)n~l/rnntr~('tll~l
Services
Finance:
Council Notes:
Agenda Item No.
~{(P
01-/~- ;)011
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an
amendment to the agreement with Time Warner Cable for direct internet service.
Background:
On February 4,2008, the Mayor and Common Council authorized an agreement and execution
of a Purchase Order to Time Warner Cable for direct Internet services (Council action 2008-45).
There were several delays in executing the agreement and it was finally signed on June 18, 2008.
Further delays were encountered when Time Wamer attempted to install the fiber cable
necessary to provide the service. These delays were quite extensive as it involved street
trenching and installing new conduit for the fiber cable. On March 29,2009, service was brought
on line to the City from Time Warner Cable.
While the City of San Bernardino acknowledges the 3 year agreement with Time Warner, it puts
the start date of the agreement as June 18, 2008, (the date the agreement was executed). Time
Warner Cable also recognizes the agreement, but with a start date being the first day of service,
March 29, 2009. The City of San Bernardino first received direct Internet service from Time
Warner Cable and Time Warner Cable first invoiced the City for that service on March 29,2009.
This Council action would extend a purchase order to the end of March 2012, at which point a
new agreement will be presented to the Mayor and Common Council.
Financial Impact:
The annual costs for fiscal year 2011-12 for Time Warner direct Internet service is $42,000.00.
This item would provide for a purchase order for the first 9 months of fiscal year 2011-12,
$31,500.00.
Funds for this project are included in the proposed Information Technologies Support Fund -
Maintenance Contracts (Account No. 679-250-5502-0000-0060) budget for FY 2011-12.
Account no.:679-250-5502-0000-0060
Balance as of 7/1/20 II: $42,000.00
Proposed Budgeted Amount: $31,500.00
Balance after Approval of Item: $10,500.00
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt resolution.
I
RESOLUTION NO.
2
3
4
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH TIME
WARNER CABLE FOR DIRECT INTERNET SERVICE.
5
WHEREAS, on June 18,2008, the City Of San Bernardino and Time Warner Cable entered
6
into a Vendor Services Agreement authorized by Resolution No. 2008-45 (the "Agreement"); and,
7
WHEREAS, the parties wish to extend the Agreement through March 28, 2012.
8
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
9
10
SECTION 1. That the City Manager is hereby authorized and directed to execute on behalf of
11
the City Amendment No. I to the Vendor Services Agreement between the City of San Bernardino and
12
Time Warner Cable approved by Resolution No. 2008-45, a copy of which is attached hereto marked
13
Exhibit "A" and incorporated herein by references though fully set forth at length.
14
SECTION 2: Pursuant to this determination, the Director of Finance or her Designee is hereby
15
authorized to issue a Purchase Order to Time Warner Cable for the City's Internet access services in the
16
amount not exceed $31,500.00 for first 9 months of the fiscal year 2011-12 for 60 megabit per second
17
Ethernet Internet service.
18
SECTION 3: The authorizations granted hereunder shall expire and be of no further effect if
19
not fully executed and returned to the office of the City Clerk within thirty (30) days following the
20
effective date of this resolution.
21
SECTION 4: Any action taken under the Agreement prior to the adoption of this Resolution
22
and execution of Amendment No. I is hereby ratified.
23
III
24
III
25
III
26 I III
27
28
1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH TIME
2 WARNER CABLE FOR DIRECT INTERNET SERVICE.
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a
meeting thereof, held on the
6
day of
,2011, by the following vote, to wit:
7
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
8
9
MARQUEZ
10
VACANT
11
BRINKER
12
SHORETT
13
KELLEY
14
JOHNSON
15
MCCAMMACK
16
17
Rachel G. Clark, City Clerk
City of San Bernardino
18
19
The foregoing Resolution is hereby approved this
day of
20
,2011.
21
22
Patrick J. Morris, Mayor
City of San Bernardino
23
Approved as to form:
24
JAMES F. PENMAN, City Attorney
25
26
27
28
2
AMENDMENT NO.1
TO VENDOR SERVICE AGREEMENT
CITY OF SAN BERNARDINO AND TIME WARNER CABLE
This Amendment No.1 to Vendor Service Agreement is entered into on this_
day of ,2011 by and between Time Warner Cable ("VENDOR") and the City
of San Bernardino ("CITY" or "San Bernardino")
WHEREAS, on February 4, 2008, VENDOR and CITY entered into a Vendor Service
Agreement for 60 megabit per second Ethernet Internet connection and DNS services ("the
Agreement"); and,
WHEREAS, the parties wish to extend the Agreement through March 28,2012.
NOW, THEREFORE, the parties agree as follows:
1. Paragraph 3 of the Agreement is amended to read:
"The term of this Agreement shall expire on March 28, 2012.
"This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms ofthis Agreement shall remain in force unless mutually amended.
The duration of this Agreement may be extended with the written consent of both
parties. "
2. All other provisions of the Agreement are reaffirmed as originally stated.
IN WITNESS THEREOF, the parties hereto have executed Amendment No.1 on the
day and date first above written.
Dated:
,2011
CITY OF SAN BERNARDINO
By:
Charles McNeely
City Manager
Dated:
,2011
TIME WARNER CABLE
By:
Its:
Approved as to form:
James F. Penman, City Attorney
By:
EXHIBIT "A"
AMENDMENT NO.1
TO VENDOR SERVICE AGREEMENT
CITY OF SAN BERNARDINO AND TIME WARNER CABLE
This Amendment No.1 to Vendor Service Agreement is entered into on this_
day of ,2011 by and between Time Warner Cable ("VENDOR") and the City
of San Bernardino ("CITY" or "San Bernardino")
WHEREAS, on February 4,2008, VENDOR and CITY entered into a Vendor Service
Agreement for 60 megabit per second Ethernet Internet connection and DNS services ("the
Agreement"); and,
WHEREAS, the parties wish to extend the Agreement through March 28,2012.
NOW, THEREFORE, the parties agree as follows:
1. Paragraph 3 of the Agreement is amended to read:
"The term of this Agreement shall expire on March 28, 2012.
"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."
2. All other provisions of the Agreement are reaffirmed as originally stated.
IN WITNESS THEREOF, the parties hereto have executed Amendment No. 1 on the
day and date first above written.
Dated:
,2011
CITY OF SAN BERNARDINO
By:
Charles McNeely
City Manager
Dated:
,2011
TIME WARNER CABLE
By:
Its:
Approved as to form:
James F. Penman, City Attorney
By: ~ 7'~
(J