HomeMy WebLinkAbout2011-220
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RESOLUTION NO. 2011-220
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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.
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WHEREAS, on June 18,2008, the City Of San Bernardino and Time Warner Cable entered
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into a Vendor Services Agreement authorized by Resolution No. 2008-45 (the "Agreement"); and,
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WHEREAS, the parties wish to extend the Agreement through March 28,2012.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the City Manager is hereby authorized and directed to execute on behalf of
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the City Amendment No. 1 to the Vendor Services Agreement between the City of San Bernardino and
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Time Warner Cable approved by Resolution No. 2008-45, a copy of which is attached hereto marked
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Exhibit "A" and incorporated herein by references though fully set forth at length.
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SECTION 2: Pursuant to this determination, the Director of Finance or her Designee is hereby
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authorized to issue a Purchase Order to Time Warner Cable for the City's Internet access services in the
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amount not exceed $31,500.00 for first 9 months of the fiscal year 2011-12 for 60 megabit per second
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Ethernet Internet service.
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SECTION 3: The authorizations granted hereunder shall expire and be of no further effect if
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not fully executed and returned to the office of the City Clerk within thirty (30) days following the
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effective date of this resolution.
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SECTION 4: Any action taken under the Agreement prior to the adoption of this Resolution
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and execution of Amendment No.1 is hereby ratified.
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III
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III
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III
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2011-220
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 ~8th.
day of _~JY-._ 2011 by and between Time Warner Cable ("VENDOR") and the City
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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: :~/;~!tl ,2011
CITY ~F SAN BERZRDfNO
By: \. Wi! 1(1 vi n dIll, f':
Charle's McNeely I'
City Manager
Dated:
9/~
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,2011
TIME WARNER CABLE
By. )<['1 ~
Its: ~ Vi
Approved as to form:
Jame~n, City Attorney
By: 7.~
()
2011-220
I 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.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a _joint- rpg"l ~r meeting thereof, held on the
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18th day of July
,2011, by the following vote, to wit:
AYES
x
x
x
x
x
x
NAYS
ABSTAIN ABSENT
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COUNCIL MEMBERS:
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MARQUEZ
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VACANT
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BRINKER
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SHORETT
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KELLEY
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JOHNSON
IS
MCCAMMACK
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~ 1t1.~
Rac el G. Clark, City Clerk
City of San Bernardino
19 The foregoing Resolution is hereby approved thi~/.>;- day of July ,2011.
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Approved as to form:
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JAMES F. PENMAN, City Attorney
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~r-A .
atric J. Morri~or
City of San Bernardino
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2011-220
AMENDMENT NO. I
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 ofthe 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. I 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"
2011-220
AMENDMENT NO.1
TO VENDOR SERVICE AGREEMENT
CITY OF SAN BERNARDINO AND TIME WARNER CABLE
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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. Pemnan, City Attorney
By: ~ 7-.~
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