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RESOLUTION (ID # 1454)
DOC ID: 1454 A
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Lea Dewing M/CC Meeting Date: 02/21/2012
Prepared by: Lany Martin, (909) 384-5947
Dept: Information Technology Ward(s): All
Subject:
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.
Financial Impact:
Account Budgeted Amount: $255,100.00 Account No. 679-250-0060-5502
Account Description: Maintenance Contracts
Balance as of: 12/13/2011 $27,960.00
Balance after approval of this item: $17,460.00
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccumng expenses or expenses incurred, but not yet processed.
Motion: Adopt Resolution.
Svnoasis of Previous Council Action:
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 service for athree-year term
(Council action 2008-45). On July 19, 2011, the Mayor and Common Council authorized the
execution of a Purchase Order to Time Wamer cable for direct Internet service for anine-month
period ending March 31, 2012 (Council action 2011-220).
BackEround:
Three years ago, the City received bids on a new high speed Internet connection. Several vendors
submitted bids (AT&T, Verizon and Time Warner). The three vendors all had services capable
of supplying the Internet services desired by the City. Time Warner was the selected vendor
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based on low bidder status and quality of service.
1454
Time Warner has been the City's Intemet Service Provider for over 3 years. The high speed
connection provided by Time Warner is of high importance for e-mail and the Internet
applications the City relies heavily on. The speed of this connection is 60 megabits per second
full duplex.
To change vendors, the City would have to set up a new network to receive Internet service from
an ISP, which would be a costly and time consuming venture. It would require re-addressing all
exterior IP devices with addresses provided from the ISP, re-registering the DNS name (Domain
Naming System Name) with the Intemet naming system, and finally, the City would be required
to fund the installation of a new data line to facilitate the connection to the new ISP. Therefore, it
is recommended that the City resume service with Time Warner Cable for Internet functionality.
This action will provide Internet services to the City For the next 3 years ($3,500.00 per month).
The cost for fiscal year 2011/12 will be $10,500.00. The cost for the balance of the contract will
be $42,000.00 per year.
City Attorney Review:
Suoaortine Documents:
CITY OF SAN BERNARDINO - DIA Renewal -Exhibit "A" (PDF)
RESOLUTION Time Warner(PDF)
Selected Source TW (PDF)
srv agrmt 1454 (PDF)
Updated: 2/13/2012 by Andrea Travis-Miller A ~*
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/~ TpIM~E WFRNEYt~CyAat£
YWt~t~i ti \r~.S,S
Account Exeative: Michael Tumbleson
Phone: (562) 677-0440 ext:
Cell Phone:
Fax: (704)414-9179
Email: michael.tumbleson(a~twcable.com
Business Class Customer Service Order
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CITY OF SAN
Business Name BERNARDINO Customer Type: Existing Customer
Federal Tax ID Tax Exempt Status Tax Exempt Cergtlcate #
Billing Address Account Number
300 N D S[ FL 4 Sn Bernrdno CA 92416 8448400611175048
Billing Contact
Blllfng Contact Phone Billing Contact Email Address
Lar Martin 909 3845947 martin le cisan-bernaMino.ca.us
Authorized Contact
Authodzed Contact Phone Authorized Contact Email Address
Lar Martin 909 384-5947 martin la ci.san-bemardino.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
Descd lion Quanti Sales Prlce
Monthly
Recurrin Total Contract Term
BcF I-Net Fiber 60X60 1 $3,500.00 $3 500.00 36 Months
"Teel 53,500.00
'Price includes taxes and fees.
Page 1 of 2
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Speclal7erma
The services, products, prices and terms ident~ed on this Service Order constitute Time Wamer 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-
currentterm, 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 far the Time Wamer
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 844640061 t 175046. 3 YEAR TERM 60X60 DIA.
""ALL TAXES AND FEES ARE INCLUDED IN MONTHLY SERVICE OF $3,500.'"
Electronic Signature Dlsciosure
By signing end accepting below you are acknowledging that you have read antl agree to the terms antl conditions outlined in this document.
Au[borkatl Signature for Tim¢ Werner Cable AuNOdz¢tl Signature far Customer
Printed Name and TMe Printetl Nema and Title
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City Attorney
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RESOLUTION NO.
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.
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 Bemazdino
hereby authorizes and directs the City Manager 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 mazked 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 far the
City's Internet access services. Pursuant to this determination, the Director of Finance or
his/her 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
year 2011/2012 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 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".
SECTION 4. The authorizations granted herein aze rescinded if the Agreement is
not executed by both parties within sixty (60) days of the effective date of this Resolution.
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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
DH2ECT 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
~ thereof, held on the
day of 2012, by the following vote, to wit:
Council Members:
IMARQUEZ
JENKINS
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
AYES NAYS ABSTAIN ABSENT
meeting
Rachel G. Clazk, CMC, City Clerk
The foregoing resolution is hereby approved this day of , 2012.
Patrick J. Morris, Mayor
City of San Bernazdino
Approved as to form:
JAMES F. PENMAN,
City Attorney
By:
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: Deborah Morrow, Purchasing Manager
FROM: Lea Dewing, IT Director
DATE: January 10, 2012
SUBJECT: Justification for Selected Source Purchase -Time Warner (Internet)
A selected source purchase for renewal of the above referenced annual PO to Time
W arner is justified as the contract was awarded to Time Wamer through a competitive
bid process. The contract was awarded for a three year term. Under San Bernardino
Municipal Code 3.04.010 A 3. "Purchases approved by the Mayor and Common
Council" are exempt from a formal bid process.
Setting up a network to receive Internet service from an ISP is a costly and time
consuming venture. It requires re-addressing all exterior IP devices with addresses
provided from the ISP, reregistering the DNS name (Domain Naming System Name)
with the Internet naming system, and finally, the City would be required to fund the
installation of a new data line to facilitate the connection to the new ISP.
X-' I
Deparh ent Head Signature
(Print Name) Lea Deesin¢
Requisition #
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TIME WARNER CABLE
BIISIO~SS Service Agreement
THIS. SERVICE AGREEMENT HEREBY fNCORPORATES BY REFERENCE THE TERMS AND CONDITIONS
(AVAILABLE AT WW W.TWCBC.COMILEGAL), A COPY OF WHICH WILL BE PROVIDED TO CUSTOMER UPON
REQUEST. BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (i)
CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS, INCLUDING
SECTION 27 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, CUSTOMERdS GIVING UP VARIOUS RfGHTS, INCLUDING THE RIGHT
TO TRIAL BY JURY.
Bysgning and accepting bebw you are acknoMedging that you have read and agree to the terms and conditions
outlined in this document.
APPROVED AS TO CORM:
James R Penman,
City Attorney
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This Tene W arner Cable Business Class Service Agreement ('Service Agreement') in etltlbion to the T¢ne Wemer
Cabk Business Ckss Terms end Conddiom ("Terme and ContlPoOns') and any Time blamer Cable Business
Ckss Service Orders (each, a 'Service Order), constaNe the Marter Agreement by and brKwaen watomer
identi(letl bekw+ ("Customer) antl Tene Warrrar Cable ('TWC" or "Operator) and k eflerYNe es a the tlate kst
signed bebw.
Electronic Signature Ofscbsure