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HomeMy WebLinkAbout2010 CON CoxCom - Amendment #1 Lease Date CircuitFIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (this "Amendment") is made as of the 19th day of October, 2010 (the "Effective Date") by and between THE CITY OF NATIONAL CITY, CALIFORNIA (the "City") and COXCOM, INC.; COX CALIFORNIA TELCOM, LLC ("Company"). RECITALS A. Cox and the City entered into that certain Agreement dated June 3, 2008 (the "Agreement") for the provision of commercial Internet services (the "Services") to City for the purposes set forth in that certain Resolution No. 2008-98 (the "Resolution"), which is attached hereto as Exhibit A and made a part hereof, and B. Cox and the City desire to amend and modify certain terms and conditions of the Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Cox and the City hereby agree as follows: 1. Definitions. Any capitalized terms used in this Amendment not otherwise defined herein shall have the meaning ascribed to such term as set forth in the Agreement. 2. Amendments. a. This Amendment modifies Paragraph 6 (Length of Agreement) as follows: Cox and the City hereby agree to extend the term of the Agreement for a period of five (5) years upon the same terms and conditions as set forth in the Agreement, and said extended term (the "Extended Term") shall commence upon the Effective Date of this Amendment and shall expire on October 19, 2015. b. This Amendment modifies Paragraph 2 (Scope of Services) as follows: Cox shall provide thirteen (13) CATV video outlets for the distribution of commercial bulk video service (the "Video Service") at the addresses set forth on Exhibit C (the "City Locations"), which is attached hereto and made a part hereof. Except where applicable law requires a different channel line-up, the Video Service shall consist of Cox standard channel line-up and video programming channels and video signals for the applicable Service Area as listed in Exhibit D, which is attached hereto and made a part hereof. The video signals and channel line-up may be modified from time -to -time by Cox in its sole discretion. The City acknowledges and agrees that (i) the programming and information contained in the Video Service may not be changed or altered by the City or its agents; (ii) because Cox makes use of certain programming owned by others in providing the Video Service, Cox is not guaranteeing the provision or future availability of any particular program or channel, and the City will make no claims nor undertake any legal action against any person or entity, including Cox's programmers or vendors, if certain programming is interrupted, discontinued or substituted. The City shall have no claim against Cox if any video channel is modified or deleted by any programmer supplying such content to Cox. Cox may restrict the display of certain programming or video Services to certain areas at or within the City Locations. If the City engages in a public performance of any copyrighted material contained in the Video Service provided under this Agreement, the City, and not Cox, shall be responsible for obtaining any public performing licenses. c. This Amendment modifies Paragraph 4 (Compensation and Payment) as follows: The City shall purchase Cox Expanded Basic (Commercial Standard Cable) video service (the "Video Service") for certain locations within the City of National City, California at the rates set forth in Exhibit B, which is attached hereto and made a part hereof, and said Video Service shall be subject to the same terms and conditions as set forth in the Agreement, except as otherwise set forth herein. The monthly recurring charge ("MRC") for Cox Optical Internet Services (listed as "Cox Optical Internet 60 Mbps" on Exhibit B) shall be Three Thousand and No/100 Dollars ($3,000.00) per month, which shall reduce the original MRC under the Agreement for said services, and the MRC for the Video Service (listed as "Commercial Standard Cable" on Exhibit B) shall be One Hundred Fifty -Nine and 25/100 Dollars ($159.25) per month. Cox hereby agrees to waive all nonrecurring charges ("NRC") under the Agreement. In the event that, during the Extended Term (or any renewal term) of the Agreement, Cox begins to transition certain channels in the standard channel lineup from an analog transmission to a digital transmission, in order to continue receiving such channels which were formally delivered by analog transmission, the City will need to rent from Cox either a digital receiver for each video outlet or digital insertion equipment. If digital insertion equipment is required, Cox will charge the City an installation fee. Title to the digital receiver and the digital insertion equipment and all other equipment provided to the City by Cox will remain with Cox at all times. In order to receive the Video Service, the City must have the necessary equipment to receive the Video Service (e.g. TVs) and, at all times during the Extended Term (or any renewal term) of the Agreement, the City is responsible for ensuring that such equipment is compatible with the Video Service. For example, if Cox provides the City with an encrypted signal for the Video Service, the City must have equipment with decryption capabilities that are satisfactory to Cox. d. The City gives Cox the right and license during the Extended Term (or any renewal term) of the Agreement to enter the City Locations upon twenty-four (24) hours notice during reasonable hours to install, connect, disconnect, transfer, inspect, improve, maintain, service, repair, remove and/or replace any portion of the equipment used to provide the Video Service, and to do all other things necessary to ensure its continued operation. Upon expiration of the Extended Term (or any renewal term) or earlier termination of the Video Service in accordance with the Agreement, Cox shall have the right to enter the City Locations and remove its equipment, subject to the provisions set forth herein. The parties agree to reasonably cooperate fully and promptly with each other during the Extended Term (or any renewal term) of the Agreement. e. For technical reasons, Cox may have to provide signal feeds for several premium movie channels (e.g. HBO, Cinemax, Starz, Encore, Showtime), up to the Demarcation Point for the City Locations. For purposes of the Agreement, the "Demarcation Point" shall be the final coaxial cable connection that hands off video feeds to the City's internal wiring system. The City is responsible for all equipment and wiring past the Demarcation Point. If the City contacts Cox regarding a service problem and Cox confirms that Cox has been providing a signal to the Demarcation Point and that all Cox provided equipment is functioning correctly, the City shall be responsible for paying Cox's standard service call fee. For the avoidance of doubt, past the Demarcation Point, the City is only authorized to receive the signal for the channel(s) that is specifically listed on Exhibit D to this Amendment, even if Cox provides signals for several channels up to the Demarcation Point. Cox reserves the right to audit the City Locations from time to time during the Extended Term (or any renewal term) to determine if the City is receiving any signals for any channels that the City is unauthorized to receive. If Cox discovers any unauthorized use of the Video Service by the City, Cox shall promptly provide written notice to the City of such unauthorized use and the City shall either immediately discontinue such use after its receipt of said notice for Cox or begin paying Cox for the continuation of such additional use of the Video Service. f The City agrees not to add or attempt to add additional video outlets using the video signal feed provided by Cox, without Cox's consent. The City is responsible for the costs of all additional video outlets that receive the video signal feed provided by Cox. The City must notify Cox of any additional video outlets that receive the Cox video feed during the Extended Term (or any renewal term) of the Agreement. 3. Except as contained herein, the terms of the Agreement remain in full force and effect; however, in the event of any inconsistency between the terms and provisions of this Amendment and the other terms and provisions of the Agreement, the terms and provisions of this Amendment shall be controlling for all purposes and in all respects. 4. This Amendment may be executed by facsimile and in counterparts, and an executed facsimile copy of this Amendment shall be deemed to be an original for all purposes. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, Cox and the City have caused this Amendment to be executed as of the Effective Date. COXCOM, INC.; COX CALIFORNIA THE CITY OF NATIONAL CITY, TELCOM, LLC CALIFORN By: Title: Date: /0 By: Title: Date: By: I - iN A oved Title: D./7EnMAFi -«tdingo rzrt Date: IDAILt/ao a orm: laudia G. %' a, City Attorney Exhibit A Resolution [See Attached] RESOLUTION NO. 2008 — 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING WAIVER OF THE BIDDING PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE A 36-MONTH LEASE AGREEMENT WITH COX COMMUNICATIONS, INC. TO LEASE A 60MB DATA CIRCUIT IN THE ANNUAL AMOUNT OF $43,200 WHEREAS, the City currently leases a 10MB circuit and a 1.5MB circuit from AT&T at a cost of $30,840 annually; and WHEREAS, the 10MB circuit is dedicated for library use only, leaving the 1.5MB circuit for the remaining City Internet traffic; and WHEREAS, the City's current bandwidth for Internet purposes is not adequate to support the types of network traffic that will be generated by the City's new website; and WHEREAS, staff recommends leasing a 60MB data circuit in the annual amount of $43,200 from Cox Communications, Inc. (Cox) because Cox owns local fiber infrastructure throughout National City, their pricing is competitive within the industry, and no further purpose would be served by issuing a formal bid; and WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding process when the City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure. NOW, THEREFORE, BE IT RESOLVED that the City Council finds that special circumstances exist, and authorizes the waiver of the bidding process. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a 36-month Lease Agreement with Cox Communications, Inc. for a 60M8 Data Circuit In the annual amount of $43,200. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of June, 2008: ATTEST: Mi ael APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron orrison, Mayo Passed and adopted by the Council of the City of National City, California, on June 3, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Zarate. Nays: None. Absent: Councilmembers Natividad, Ungab. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California lark of the C/)) City City National City, California By. Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-98 of the City of National City, California, passed and adopted by the Council of said City on June 3, 2008. City Clerk of the City of National City, California By: Deputy Exhibit B Video Service Pricing [See Attached] 10/14/2010 By: Title: Date: Title: Date: Business Services. Customer Account Number: Federal Tax ID Number: Contract Number: AMENDMENT TO COMMERCIAL SERVICES AGREEMENT System Address Legal Company Name: City of National City Service Street Address:. 1243 National City Blvd. City/State/Zip: National Oty, CA 91950 Service Location: (if different from above) Street Address: City/State/Zip: Name: Mayor Ron Morrison / Ron Willliams Business Phone Number: 619-336-4373 Business Fax Number: Additional Contact Number (optional): E-mail Address (optional): Cox shall provide the following Services and equipment and Customer agrees to pay the fees and charges set forth below: �x. Commercial Standard Cable Cox Optical Internet 60 Mbps 13 1 5 years 5 years $159.25 $3000 Customer Initials) 0 Spedal Terms and Conditions 1 EXHIBIT A 2. 3. 4. 5. This is an Amendment to the undersigned Customer's Commercial Services Agreement with Cox. The undersigned represents that he/she is the Customer or is the Authorized Customer Representative identified above and is authorized to sign this Amendment. This Amendment is subject to the Terms and Conditions contained in the Agreement. To the extent of any conflict between the terms and conditions in this Amendment and the Commercial Services Agreement, this Amendment shall determine the obligations of the parties. Customer - Authorized Signature: Cox [enter Cox company name] Cox--7 _Telcom, LLC [Inc} By: yu ✓%4 • 9-� //6‘hlrS Exhibit C City Locations [See Attached] DEPARTMENTS EXHIBIT C NUMBER OF DROPS LOCATIONS Community Services (1) MLK Conference Room Brenda's Office MLK — Large Conference Room Library (4) Server Room — TVNCR connected to use Channel 25 (Closed Circuit Literacy Meeting Room Administration Meeting Room Staff Lounge Finance (0) Magazine Reading Area — Large Plasma Screen on CNN with Closed Captio Large Conf. Room — Connected to AV Equipment finance Dept. Kitchen Police Dept. City Manager (7) 0) Line-up Room Gym Lobby Community Services Community Room nvestigations ispatch Homeland Security Chief's office sst. Chief's office Executive Lt. Office Cafeteria Officer's Lounge atch Commander's office City Manager's Office Mayor/Council (1) One cable drop per office (6) Redevelopment 1 (0) B rad's office ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDOIYYYY) 10/04/2010 PRODUCER 1-678-393-5200 Arthur J. Gallagher Risk Management Services, Inc. 1117 Perimeter Center West Suite W201 Atlanta, GA 30338 Gwen Hardin -Fax: (678)393-5240 INSURED Cox Communications, Inc. Cox Communications San Diego PO Box 105357 Atlanta, GA 30348 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC MSURERA .NATIONAL UNION FIRE INS CO OF PITTS 19445 INSURERS:NEW HAMPSHIRE INS CO 23841 INSL'RERC New Hampshire Ins Co 23641 INSURERD Illinois Natl Ins Co 23817 INSURER E. COVERAGES THE ANY MAY POLICIES. INSR POLICIES OF INSURANCE LISTED BELOW REQUIREMENT, TERM OR CONDITION PERTAIN, THE INSURANCE AFFORDED AGGREGATE L}MITS SHOWN MAY AOD'I� HAVE BEEN ISSUED TO THE INSURED OF ANY CONTRACT OR OTHER BY THE POLICIES DESCRIBED HEREIN HAVE BEEN REDUCED BY PAID NAMED ABOVE DOCUMENT WITH IS SUBJECT CLAIMS. POUCYEFFECnVE FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS, POUGYEXPIRATION DATEIMMMDAON PERIOC INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY 8E ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH LIMITS A GE_NERALLIABILITY GL6506506 01/01/10 01/01/11 EACHOOCURRENCE 51,500,000 OAMAGETORENTEO -- - X COMMERCIAL GE NERAL LIABILITY PREMISES (Ea oCWrOnce) MED EXP (Any one pe-son) S 1,500,000 $ EXCLUDED j CLAIMS MADE f X OCCUR X EXCESS OF $500,000 PERSONAL &ADVINJURY 51,500,000 X SELF INSURED RETENTIOD GENERAL AGGREGATE 530,000,000 ---P/OP II AGGREGATE LIMIT APPLIES PER: AGG PRODUCTS COM,,,,,,,,,,,,,,,,,,,,,,,,,,,_.___„___..,,____._______.,___ 53,000 000 PRO- ! X POLICY f I JFCT I LOC A AUTOMOBILELIABILITY __ CA6647383 (AOS) 01/01/10 01/01/11 COMBINEDSINGLE LIMI! $2,000 000 A I X ANYAUTO CA6647385 (VA) 01/01/10 01/01/11 (Easccident) B X ALLOWNEDAUTOS SCHEDULED AUTOS HIRED AUTOS CA6647384 (MA) 01/01/10 01/01/11 BODILY INJURY (Per person) p00P_Y INJURY S X NON -OWNED AUTOS (Peraccidonq _..._-.......__.... PROPERTY DAMAGE ___. _ _... __ (Per acciooal) GARAGE LIABILITY AUTO ONLY• EA ACCIDENT $ ANY AUTO OTHER to ACC S AUTO ONLY: AGG 5 EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE 5 I OCCUR 1 l CLAIMSMADE AGGREGATE S DEDUCTIBLE RETENTION 5 S A WORKERS COMPENSATION AND W0004289521(CA) 01/01/10 01/01/11 X QRSIfa j OTH- I we sLIMITS 1 ..__ ER__ _____._. .. ........... ...__...... C EMPLOYERS'LIABILI7Y ANYPROPRIET0R''ARTNER/EXECUTIVC WC004289520(A0S) 01/01/10 01/01/11 E.L. EACH ACCIDENT _--- -___. __......_._._. 51,000,000 ._.__.__.....__....... A OFFICER/MEMBER EXCLUDEU7 WC004289524 (OR) 01/01/10 01/01/11 ET_ DISEASE - EA EMPLOYEE 51, 000,000 I! es, describe under D SPECIALPROVISIONSbefow W0004289522 (FL) 01/01/10 01/01/11 EL DISEASE - POLICYLIMIT 51,000,000 OTHER A WORK COMP/EMPLOYERS LIAB WC004289523(MA) 01/01/10 01/01/11 SEE ABOVE AMT OFINSURANCE C WORK COMP/EMPLOYERS LIAE WC004289525(TX) 01/01/10 01/01/11 SEE ABOVE ANT OFINSURANCE D WORK COMP/EMPLOYERS LIAB WC004289526(WI) 01/01/10 01/01/11 SEE ABOVE AMT OFINSURANCE DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 V EHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of National City, its elected officials, officers, agents and employees are shown as additional insureds solely with respect to general liability and auto liability coverage as evidenced herein as required under contract or agreement with respect to work performed by the named insured. A waiver of subrogation if favor of The City of National City, its elected officials, officers, agents and employees are included under the workers compensation coverage as evidenced herein as required under contract or agreement. CERTIFICATE HOLDER CANCELLATION The City of National City c/o City Attorney'E Office Attn: Ron Williara 1243 National City Blvd. National City, CA 91950 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) lsmith 17737408 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT # This endorsement, effective 12:01 A.M. 01 /01 /2010 forms a part of Policy No. GL 6506 506 issued to COX COMMUNICATIONS, INC by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED, is amended to include as an additional insured: Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: • The coverage and/or limits of this policy, or • The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTTuTIVE 61712 (12/06) POLICY NUMBER: GL6506506 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Person or Organization to Whom You Become Obligated to Waive Your Rights of Recovery Against, Under Any Contract or Agreement You Enter Into Prior to the Occurrence of Loss (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CO24041093 Copyright, insurance Services Office, Inc., 1992 Page 1 of 1 ID THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT # This endorsement, effective 12:01 A.M. 01 /01 /2010 forms a part of Policy No. CA6647383 issued to Cox Communications, Inc. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED "AUTO" I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED ED REPRESENTATIV 87950 (10/05) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT # This endorsement, effective 12:01 A.M. 01/10/2010 forms a part of Policy No. CA6647383 issued to Cox Communications, Inc. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "toss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee. AUTHORIZED REPRESENTA. E 62897 (6/95) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. insured WC004289520 Cox Communications, Inc. Insurance Company Countersigned by Now Hampshire Insurance Company WC000313 (Ed. 4-84) Endorsement No. Pre 49 1983 National Council on Compensation Insurance. RESOLUTION NO. 2010 — 237 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH COXCOM, INC., FOR THE LEASE OF VIDEO AND DATA SERVICES IN THE ANNUAL NOT TO EXCEED AMOUNT OF $39,000 WHEREAS, on June 3, 2008, the City Council adopted Resolution No. 2008-98, approving a 36-month Lease Agreement between the City of National City and CoxCom, Inc., to lease a 60mb Data Circuit in the annual amount of $43,200; and WHEREAS, the State of California Digital Infrastructure and Video Competition Act (DIVCA) now requires payment for cable services previously provided free of charge under the National City Franchise Agreement with Coxcom, Inc.; and WHEREAS, the City and CoxCom, Inc., desire to amend the Lease Agreement by extending the term for a period of five years from Oct 19, 2010 to October 19, 2015, expanding the scope of services, reducing the monthly service charge for the data circuit, and establishing a fee for the video service; and WHEREAS, this First Amendment amends the Lease Agreement to bring the City into compliance with DIVCA requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the First Amendment to the Agreement with CoxCom, Inc., to extend the term for a period of five years, expiring on October 19, 2015, for the lease of video and data services in the annual not to exceed amount of $39,000, and to bring the Lease Agreement into compliance with the requirements of the State of California Digital Infrastructure and Video Competition Act. Said First Amendment to the Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of October _S 10. n Morrison, M ATTEST: caeIR.DII "'OVEI AS T• FORM: tei, City ty Silv�� Attorney Mi a a, City Clerk Passed and adopted by the Council of the City of National City, California, on October 19, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California N , "'i, er of the City of ational City , CI California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-237 of the City of National City, California, passed and adopted by the Council of said City on October 19, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT Cg00%- aq MEETING DATE: 10-19-2010 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an amendment to the agreement with Coxcom, Inc. to lease video and data services in the annual not -to - exceed amount of $39,000. PREPARED BY: Ron Williams DEPARTMENT: CMO PHONE: 619-336-4373 APPROVED BY: EXPLANATION: The current agreement between National City and Coxcom Inc. provides for data services at a cost of $43,000 per year. Cable video services(54 cable drops) have been provided at no cost under a franchise agreement between National City and Coxcom Inc. The State of California Digital Infrastructure and Video Competition Act (DIVCA) requires all franchise agreements be executed by the Public Utilities Commission, thus voiding local franchise agreements. Cable video services previously provided free of charge under the City of National City franchise agreement with Coxcom Inc. are provisioned at a monthly cost of $12.25 per drop. The City reduced the number of cable drops(from 54 to 13) in City facilities subject to a monthly recurring charge. Amending the June 3, 2008 contract would extend the current data circuit contract terms to October 19, 2015, include the cable video services(13 drops) and reduce the monthly recurring charges. This would save the City $4000 per year on data and cable video services and keep the City in compliance with DIVCA. FINANCIAL STATEMENT: APPROVED. ACCOUNT NO. 631-403-082-248-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: Finance APPROVED: 47 MIS FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Contract Amendment a�so.vt�aa No. ao.o • `a �'1 +- CALIFORNIA NATI MCORPOR October 21, 2010 Mr. Richard Gonzalez CoxCom, Inc. 5159 Federal Blvd. San Diego, CA 92105 Dear Mr. Gonzalez, TED _) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax On October 19th, 2010, Resolution No. 2010-237 was passed and adopted by the City Council of the City of National City authorizing execution of the First Amendment to the Agreement with CoxCom, Inc. We are forwarding for your records a certified copy of the above Resolution and a fully executed original Amendment. Sincerely, Esther B. Clemente Deputy City Clerk Enclosures cc: MIS Dept.