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Home My WebLink About2012-026 RESOLUTION NO. 2012-26 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 AND ISSUANCE OF A PURCHASE ORDER TO TIME WARNER CABLE FOR 4 DIRECT INTERNET SERVICE. 5 6 7 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino 8 hereby authorizes and directs the City Manager to execute on behalf of said City an 9 10 11 12 13 14 15 16 17 Agreement between the City of San Bernardino and Time Warner Cable, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. 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 $10,500.00 for fiscal 18 year 2011/2012 for 60 megabit per second Ethernet Internet service. The contract term is 36 19 20 21 22 23 months, with an annual cost of not more than $42,000.00. 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". 24 SECTION 4. The authorizations granted herein are rescinded if the Agreement is 25 not executed by both parties within sixty (60) days of the effective date of this Resolution. 26 III 27 III 28 _....~.."_,'_"',',,,"~__.....h=~_"'~.,;",;..."" 2012-26 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND ISSUANCE OF A PURCHASE ORDER TO TIME WARNER CABLE FOR DIRECT INTERNET SERVICE. 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a ioint regular meeting 7 thereof, held on the 21st day of February ,2012, by the following vote, to wit: 8 9 10 11 12 13 14 15 16 Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ X JENKINS X BRINKER X - SHORETT X KELLEY X JOHNSON X X 17 MCCAMMACK 18 19 20 21 22 23 24 25 26 27 28 The foregoing resolution is hereby approved this ~-p,~ Rac el G. Clark, CMC, City Clerk d7rJ1 day of February ,2012. Approved as to form: JAMES F. PENMAN, City Attorney By: L f./~ f {/ -f( r?r-. - W~ +~ ~ ~ d~' ~ ~~f;~~ ~ L;y,~ClV'\ ~~, h~ y~~. IT ~ .~ ~ -ti. ~. JJ-y-/ 2012-26 '@.iIMEWARNERCA.alE Business Class Customer Service Order I Account Executive: Michael Tumbleson Phone: (562) 677-0440 ext: Cell Phone: Fax: (704) 414-9179 Email: michael.tumbleson@twcable.com CITY OF SAN Business Name BERNARDINO Customer Type: Existing Customer Federal Tax 10 Tax Exempt Status Tax Exempt Certificate # Billing Address Account Number 300 N D St FL 4 Sn Bernrdno CA 92418 8448400611175048 Billing Contact Billing Contact Phone Billing Contact Email Address Larry Martin (909) 384-5947 martin la@cLsan-bernardino.ca.us Authorized Contact Authorized Contact Phone Authorized Contact Email Address Larry Martin (909) 384-5947 martin la@cLsan-bernardino.ca.us Technical Contact Technical Contact Phone Technical Contact Email Address Monthly Recurring Charge At 300 N D St FL 4 , Sn Bernrdno CA 92418 Oescri tion Bct I-Net Fiber 60X60 *Total *Price includes taxes and fees. Sales Price $3,500.00 Contract Term 36 Months Page 1 ot 2 2012-26 ~ iMtWMNER CAEll..Jt ..i_aa. III'l""""" . . . Special Terms The services, products, prices and terms identified on this Service Order constitute Time Warner Cable's offer to provide such services on such terms. Until Customer has accepted this offer by signing as appropriate below, Time Warner Cable reserves the right to rescind this offer at any time, at its sole discretion. The Agreement shall be renewable for successive terms unless at least thirty (30) days prior to the expiration of the then- current term, either party notifies the other party of such party's intent not to renew this Agreement. Agreement term and corresponding monthly billing will commence on actual service installation date. Agreement locks in rate for the Time Warner Cable Business Class services for term of contract. Cable television and Work-at-home services are subject to annual price change. RENEWAL OF SERVICE FOR ACCOUNT 8448400611175048. 3 YEAR TERM 60X60 DIA. ""ALL TAXES AND FEES ARE INCLUDED IN MONTHLY SERVICE OF $3,500."" Electronic Signature Disclosure By signing and accepting below you are acknowledging Authorized Signature for Time amer Cable ~ YrdtJ I '\Ut::,rp~ Printed Name and Title / ' 7/\Q/\'L-- Date Signed ' f Authorized Signature for Customer """fu.Yd~~\I) IrA~~ 01/)') JIP\-i Date Signed APPROVED AS TO FORM: James F. Penman, City Attorney .r - T~-W~ ~zf ~t-~ ~ ~~~)~~~ cr--/ ~ ~ 07/~~; f' ~ y,..(' u..,. ;r. T: ~ w-c- ~6;6 c.-v~ ~ Page 2 of2 2012-26 ~ TIME WARNER CABLE Business Class --" This Time Wamer Cable Business Class Service Agreement ('Service Agreement') in addition to the Time Wamer Cable Business Class Terms and Conditions ('Tenns and Conditions') and any Time Warner Cable Business Class Service Orders (each, a 'Service Orde"), constitute the Master Agreement by and between customer identified below ("Customer'} and Time Warner Cable ('TWC" or "Operator'1 and is effective as of the date last signed below. Service Agreement Tlflw Walllel Caillc II1fOll11 i)tlOl, Time Wamer Cable Inc. Street: 1m7 Center Court Drive City: CerritOll State: CA Zip Code: 90703 Contact: Michael Tumbleson Telephone: (562)677~0 Facsimile: (704) 414-9179 ex!: CUStOIl1Ci Il1fOII11<l\'OI Customer Name (Exact legal Name): Fede1811D No: CITY OF SAN BERNARDINO Billing Address: Suite: I City: State: I Zip Code: 300NDStFL4 Sn Bemrdno CA 92418 Billing Contact Name: Phone: E-mail: Larry Martin (909) 384-5947 martlnJa@ci.san-bemardino.ca.us Authorized Contact Name: Phone: E-mail: Larry Martin (909) 384-5947 martinJa@ci.san-bemardino.ca.us Agrccll1clH THIS SERVICE AGREEMENT HEREBY INCORPORATES BY REFERENCE THE TERMS AND CONDITIONS (AVAiLABLE AT WWW.TWCBC.COMlLEGAL). A COPY OF WHICH Will BE PROVIDED TO CUSTOMER UPON REQUEST. BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (1) CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS, INCLUDING SECTION 21 THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE DISPUTES RELATING TO THE TIME WARNER CABLE BUSINESS CLASS SERVICES AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER,IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY. By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. Electronic Signature Disclosure Name (printed): Title: Name (printed Title: amer Cable Inc. By: Date: Date: APPROVED AS TO FORM: James F. Penman, City Attorney By: ~ ?,~# {/ ~rv---~~~ $"~ 6- t4"~~~~~;&.- ~~ ....,~ -? /Vo-Y; ~ J. r. ~ t.-- -.,{'tA ~r p~"