HomeMy WebLinkAbout19-Information Technology
c
c
c
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Tom Marek,
IT Director.
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 AND
CONFIRMING THE AUTOMATIC
RESCISSION OF THE
AUTHORIZATIONS GRANTED BY
RESOLUTION 2007-347.
Dept: Information
Tecbnology
Date: January 8, 2008
MICC Meeting Date: February 4, 2008
Synopsis of Previous Council Action:
August 20. 2007 - Resolution #2007-347 - Agreement for high speed connection with AT&T
Recommended Motion:
Adopt resolutions.
.~~ ~4~
Signatur~ ~
Contact person:
Tnm Mg.-pic
Pbone:
'Ut'&..<Q.&7
Supporting data attacbed: Staff Report STYe Order Agreement Ward: All
FUNDING REQUIREMENTS: Amount:
$42,000.00
Source: (Acct. No.) 679-251-5502
(A('('t npc::,...riptinn) Pt'nfpc::c::;nt1111/rnnt1"~('tl1~1
Services
Finance:
Council Notes:
aRlor
Agenda Item No. 4-h13
c
c
c
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 the
execution of an agreement and issuance of a purchase order to Time Warner Cable for direct
internet service and confirming the automatic rescission of the authorizations granted by
resolution 2007-347.
Background:
On August 20, 2007, the Mayor and Common Council adopted resolution 2007-347, which was
an agreement with AT&T Internet Services for high speed Internet service. AT&T was unable to
provide this service within the timetable specified in the council item and contract and the
contract was not executed by the parties within the time frame established by the resolution.
The network system the City has employed since August of 1997 includes an access portal to the
Internet. This portal initially was used for accessing general information on the World Wide Web
and e-mail. The increased use ofthese applications and the addition of new uses and applications
(streaming video and audio, Application Service Providers, software downloads and patches
among others) have put a serious strain on the current configuration of three AT&T frame relay
T -I s. The current T -I s provide a bandwidth of approximately 3 megabits per second.
These issues are requiring the City to increase its bandwidth to a 60 megabit per second Ethernet
service. Quotes were received from Time Warner, AT&T and Verizon. Different service
providers provide high speed Internet service with different transport mechanisms; hence the
bids attached vary slightly. The listed transports are consistent with each other in terms of
performance. Time Warner Cable was awarded the contract as low bidder.
The selection of this Time Warner Cable Internet service connection was made over other
common connection methods. Additional T -I s, while effective in lower bandwidth applications,
have high overhead and to achieve bandwidths required by the City would have been more costly
and would create an overly complex system. Another option was DS-3 or fractional DS-3
circuits. This solution would provide high bandwidth, but would have had equally expensive
recurring costs and require an additional one-time hardware expense of approximately
$20,000.00.
It is recommended that the Mayor and Common Council adopt the resolution authorizing an
agreement with Time Warner Cable for this service. The second resolution will confirm the
automatic rescission ofresolution 2007-347 for record keeping purposes.
Financial Impact:
We currently pay $23.258.40 annually for three T-Is that provide a bandwidth of approximately
3 megabits per second. The cost for 60 megabit per second Ethernet Direct Internet Access
c
c
c
service charges for FY 2007/2008 is $42,000.00. The contract would be for a three year term
(with a fixed annual cost of $42,000.00). These charges were anticipated and are included in IT
chargebacks to each department, and budgeted in IT account #679-251-5502 (Professional and
Contractual Services).
The contract term of three years allows the City to avoid costly installation fees. This would have
been in addition to the annual recurring cost of $42,000.00. All installation costs are avoided
with a three year contract.
Recommendation:
Adopt resolutions.
c
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
c
c
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO CONFIRMING THE AUTOMATIC RECISSION
OF THE AUTHORIZATIONS GRANTED BY RESOLUTION 2007-347.
WHEREAS on August 22, 2007, the Mayor and Common Council adopted
Resolution No. 2007-347 authorizing the execution of an Agreement with and issuance
of a purchase order to AT&T Internet Services for the City's access services; and,
WHEREAS Resolution 2007-347 provided that the authorizations given therein
are rescinded if execution of the Agreement and issuance of the purchase order are not
completed within sixty (60) days; and,
WHEREAS the Agreement was not fully executed and the purchase order was
not issued within sixty (60) days, and, therefore, the authorizations granted by
Resolution No. 2007-347 are by its terms rescinded;
THEREFORE, BE IT RESOL YED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. The rescission of the authorization granted by Resolution No.
2007-347 to execute an Agreement with ahd to issue a purchase order to AT&T Internet
Services is hereby confirmed.
III
III
III
III
III
III
III
III
df/Y
c::2-+o1
c
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
c
c
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO CONFIRMING THE AUTOMATIC RECISSION
OF THE AUTHORIZATIONS GRANTED BY RESOLUTION 2007-347.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held .on the day of , 2008, by the following
vote, to wit:
Council Members
Abstain
Aves
Navs
Absent
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
McCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
James . Penman, City Attorney
c
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
c
c
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.
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 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
$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
c
c
c
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
meeting thereof, held on the day of , 2008, by the following
vote, to wit:
Council Members
Abstain
Absent
Aves
Navs
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
McCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
. day of
,2008.
PaunckJ.Monis,Mayor
City of San Bernardino
Approved as to form:
James . Penman, City Attorney
c
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 4th day of February 2008,
by and between Time Warner Cable ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
c
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:
1. 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. COMPENSA nON 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,OOO.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.
c
c
4.
INDEMNITY.
c
CITY agrees to indemnify and hold harmless 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.
5. 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 $1,000,000.00 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.
c
6.
NON-DISCRIMINATION.
2
c
c
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,
c
VENDOR warrants that it possesses, or shall obtain and maintain, a business
registration certificate pursuant to Chapter 5 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
c
TO THE CITY:
Tom Marek, IT Director
300 North "D" Street
San Bernardino, CA 924 I 8
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,
c
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights 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.
11. 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
c
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
4
c
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The panies hereto agree that all actions or proceedings arising in connection 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 permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
r
'-'
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 determined by a coun of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and .provisions hereof or of the offending provision in any
c
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
5
c
VENDOR SERVICE AGREEMENT
:rime Warner and tbe City orSan Bernardino
17. ENTIRE AGREEMENT; MODIFICATION.
c
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:
.2008
TIME WARNER CABLE
By:
Its:
Dated
,2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
c
6
c
c
c
"@> TIME WARNER CABLE
Business Class
-
PROPOSAL
January 14, 2008
Larry Martin
Network Systems Administrater
City of San Bernardino
300N DSt
San Bernardino CA 92418
Re: 60Mbps Fiber Connectivity Internet Access Proposal
Dear Larry,
Following our recent phone meetings and subsequent needs analysis, please find our proposed
solution.
The following reflects the required construction, installation and provisioning for the following
servioes and address:
60Mbps Fiber Connectivity Internet Aceess
to 300 N D St San Bernardino CA
In the event that you may need any additional information, or have any questions, please do not
hesitate to contact me directly. I can be reached during office hours at 714-414-1403.
I look forward to working with you on this important project and welcome your call whenever I
may be of assistance.
Best regards,
Dawn A Davis
Senior Account Executive
Business Servioes Group
Enterprise Division
Time Warner Cable Business Class
Schedule "A"
Page 1 of6
c
c
c
"@> TIME WARNER CABLE
Business Class
L-
PROPOSAL
About Time Warner Cable
A pioneer in the cable industry, Time Warner Cable owns and manages the most advanced, best-
clustered cable television operations in the country, with over 93% of its approximately 11 million
customers in systems serving 100,000 people or more. Through technological innovation, a fully
upgraded fiber-based network and a commitment to increasing choice and value for our
customers, Time Warner Cable brings the digital age into America's communities and is
transforming the way Americans receive information and entertainment
Time Warner Cable Business Class, a service of Time Warner Cable, is the nation's number one
commercial cable broadband service provider. Road Runner Business Class offers broadband
Internet solutions to commercial customers in major U.S. urban and suburban areas. Beginning in
1998, the TWC Business Class service is delivered to customers through a combination of fiber-
optic national and regional networks and Tune Warner Cable's hybrid fiber-coaxial (HFC)
infrastructure. Road Runner Business Class is primarily offered through Time Warner Cable
systems, although select Advanced Newhouse systems also provide the service in over 40
markets nationwide.
. Time Warner Cable service passes more than 18 million U.S. homes
. Time Warner Cable currently serves customers in the following states:
Alabama, Arkansas, California, Florida, Georgia, Hawaii, Indiana, Kansas, Louisiana, Maine,
Massachusetts, Minnesota, Mississippi, Missouri, North Carolina, Nebraska, New Hampshire,
New Jersey, New York, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas,
WISCOnsin, and West Virginia.
. Time Warner Cable employs nearly 30,000 people across the U.S.
. Time Warner Cable Inc. is a subsidiary of Tune Warner Inc. (NYSE:TWX), formerly known as
AOL Tune Warner Inc., which was fonned in 2001 through the merger of America Online,
Warner Bros., HBO, The Warner Music Group, CNN, Turner Broadcasting Systems, and
Tirne Inc. magazines.
SChedule -A-
Time Warner Cable Business Class
Page 2 of 6
c
c
c
~ TIME WARNER CABLE
Business Class
~ .
Requirements
Location(s): 300 N D St , San Bernardino CA
BandwidthlTopology:
Maximum Burst Rate:
Redundancy:
Handoff:
Solution
60Mbps Internet Access
NA
NA
100 Mbps Ethernet, full duplex, UTP cable
60Mbps Intemet Access to 300 N 0 St, San Bernardino CA
Flat Rate Billing
100base- TX Ethernet Handoff - UTP, full duplex
Time Warner Cable Business Class
PROPOSAL
Schedule -A-
Page 1 of4
c
c
c
"@>TIMEWARNERCABLE
Business Class
-
PROPOSAL
As a point of infonnation, our Optical Metro Ethernet Intemet Access is an IP over IEEE 802.3
based Full Duplex non-circuit switched services. It is provisioned on dedicated fiber optic
facilities from the customer premises to the lWC hub site and is rate limited at the Ethemet
Aggregation switch from 5 Mbps to 1 Gbps. A sample of the Public Internet Service architecture
is shown below.
~
...e
. iIllifi'I....
ffm:-j"
~
....
~
Sh.
The customer premises facing demarcation point is a media converter provided by lWC to
convert fiber optic based signals to electrical Ethernet RJ-45 based signals. Ethernet Internet
Access services are designed to support customer Intemet Access applications requiring high
speed, low latency network services and port speed provisioned across the lWC network.
Public Internet Service Architecture
Time Warner Cable Business Class
Schedule -A-
Page 2 of 4
c
c
c
~ TIME WARNER CABLE
Business Class
~
PROPOSAL
QUOTE:
Non RecurrinG Charon:
Location
300 N D St, San
Bernardino
Installation Fee
0.00
MonthlY RecurrinG Charon:
Internet Circuit Speed Term MRC
60Mbos 36 Month $3,500.00
Penalties for earlv termination:
Balance of contract
TlIT1e Warner Cable Business Class
Schedule -A-
Page 3 of4
c
c
c
~ TIME WARNER CABLE
Business Class
-
PROPOSAL
Time Warner Cable Representative
Contact Information
Dawn Davis
Senior Account Executive, Business Services Group
3430 E Mira Lorna
Anaheim, CA 92806
dawn.davislCi>.twcable.com
Office: 714-414-1403
Cell: 949-307-9459
Schedule -A-
Time Warner Cable Business Class
Page 4 014