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14-R-64 - Time Warner Cable, PD DeptRESOLUTION NO. 14 -R -64 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT FOR THE NEW CABLE TELEVISION SERVICES PROVIDED BY TIME WARNER CABLE TO THE SCHERTZ POLICE DEPARTMENT AT 1400 SCHERTZ PKWY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Agreement with Time Warner Cable, relating to cable television for the staff of the Schertz Police Department in the amount of $240.00 for the current fiscal year and $1,440.00 per year for both FY 14 -15 and FY 15 -16 and $1,200.00 for the FY 16 -17; and WHEREAS, this new service will allow Police staff to utilize breaking news stories or other media outlets to help gauge necessary responses or plan for law enforcement related events. Additionally, the service would be used to monitor weather reports, especially for situations such as flooding. WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Time Warner Cable pursuant to the agreement attached hereto as Exhibit A (the "Agreement'). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Time Warner Cable for new cable television service in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. 50494755.1 Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 22 "d of July, 2014. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50494755.1 EXHIBIT A SERVICE ORDER AGREEMENT 50494755.1 A -1 fe 'TIME WARNER CADLE Bll sllf essdas;i SorvicoAgrGOnTOnt Thin Time Warner Cable Buslooss Class Service Agromaonl ( "Borvlco Agroomonr) In addition to the Time Wainer Cable Business Class Torras and Conditions ( °T'onnr: and Condition) and any Time Warner Cable Business Class Service Orders (each, a °SOrvlro Ordar'), conslltule the Mantor Affroommnt by and between customer Idonllfled below ( "CU 401110 ") find Than Wurnor Cublo ( "TWC" or "Oporntor ") and Is effective as of the (late last signed below. Time Warrior Cable Texas LLC d/b/n Time Warner Cable Sheol: 1908 Blue Crest Ln Conlncl: TllfanyCronmor City: San Antonio Slate: YX Zip code: 70247 T'olophone: (M)602-9574 oxl: Facsimile: (210) 304.3409 Customer Name (Exact Legal Name): Fadorol 10 No: PD Billing Address: Sale: City: Stale: Zip Code: Cily of Schodr- Alln: Flnonce Depa_dn - -- —1 Scheriz TX 70164 Billing Contact Name: Phone: E- rnald: John C. Kossel ( .10) 019.1107 John C. ed Conlncl Namo: Phone: E•mal: John C. l (easel (210) 010 -1107 THIS SERVICE AGREEMENT IIEREBY INCORPORATES BY REFERENCE THE TERMS AND CONDITIONS (AVAILABLE AT WMN.TWCBC.COM /LEGAL), A COPY OF WHICH WILL BE PROVIDED TO CUSTOMER UPON REQUEST. DY EXECUTING 1'1115 SERVICE AGREEMENT BELOW, CUSTOMER ACKNOW [.EDGES THAT: (1) CUSTOMER ACCEPTS AND AGREES TO BE BOUND DY TIIE PERMS AND CONDITIONS, INCLUDING SECTION 21 THEREOF, WI IICI I PROVIDES THAT THE PARTIES DESIRE 1'0 RESOLVE DISPUTES RELATING TO TIIE TIME W ARNER 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 $igning and Hempling below you are ncknowlodging Ihnl yen have road and agree to ilia terms and conditions oullinod In this document. rloctronlo Slgnatnro Disclosure AulhorlradSlgunlurofor g TWO orno Cn610 Toxoo LLQ 91619 Time Wurnor Qn610 Aalhorizudslannluro for customer Name 61a!�Ited): (printo l J. 1 ll Nfl \ (� S Title: -- Tine: IMP Dale: Dille: ne TIM WAI1Na11 CADIX "gishi®ss class Accountrxeculivo: TllfnnyCromnur Phone: (2 10) 602 -0574 oxl: Coll Phone: (210) 347.6410 Pox: (210) 304 -3400 Email: 111fnny.cronmorQlvicnblo.com Internet end Vldoo Order Information For 1400 schadz Pkv y b1d0 0 sc11e11z TX 70164 8orylco Typo Cuetomor Roquanlotl Dim Unto Video Pope 1 of 3 gNmeo PD Cu01omorType: T0x ID r Tax 1lxompt 8laluo Tax lixompt Codlllcnlo 0 ddroso AIIonllen To: Account Number City of scherlz Alin: I7nanco Dopadmonl 1400 schollz Pkwy 8010117. TX 70164 01111110 contact 1311111111 Conlnct Phone Illllln8 Contact Fivall Addrous John C. Kossal (210)010.1107 Authorized Confect Authorlr- edContact Phone AulhorlxodConlnctfdmnllAddross John C, Kassel 210 610.1107 1,001111011 Contact TochnlcalContact P110110 Tochnlcal Contact CmallAddroso Internet end Vldoo Order Information For 1400 schadz Pkv y b1d0 0 sc11e11z TX 70164 8orylco Typo Cuetomor Roquanlotl Dim Unto Video Pope 1 of 3 Tim WARNGR CARIX Uslaoss Class Noer and 11nvlsod Oervicas and Mowthly Charpos At 1400 Schedz Pkery Unit Wdp 0, Schedz 1 X 70104 Oosrrl Ilon Quantil Monthly 9alonPdea Racunbl Told ConlractTomi Additional Oullel MRC 4 $10.00 $40.00 30 Monllrs Slandord Coble Service - Pdvnlo - SIn111e Plate 1 _ $03,90 $03190 _ 36 Months `Total 5103.OG 'Pdcos Jo not Include loxes and Inns. Ono Thno Iona Al 1400 Scheriz I'kvry Uull 6110 0, 1: 1: TX 70104 D0800 1)[10" cUmntlly Onlas I'doo Total Addili000l Oulle11nstNl 4 $65.00 S260.00 Tolnl 'Prices Jo not Inclulo lozos and loos. $260.00 Popo 2 013 i� TIME WAaNERCAIII.r 11"Shlor' class npuumr rarmu l ho services, pro(lueis, prices end terms Idonllfied on this Service Orflor eonsll(olo )'Into Warner Cablo:s offer to provide sucll services on such lerros. Unlll Customer has ncceplod Ih(s offer by slpninfl as oppropdnta below, Vale Minor (.'nblo reserves the riflht to rescind tills offer at any liege, at Its sole discrellon. claclronlu Slpnnhrlo elsclosoru y SUNIIp mid aceopihn —u bolow $vu mo ati AulhodaaJ sl—S —n ro rtTbnu va of Cable (_ r' Gf Printed llama and Tlllo � ? Y'n (lope 3 or 3 to Iho terms AuIlwAtd Isnaluro far CUalom�, j 0 6ti Pdnlad Hama and Illo- --U- -. Oalo Sipna 1