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Time Warner Cable Enterprises LLC A2013-33 - A1 FIRST AMENDMENT TO SERVICE AGREEMENT(CITY AGREEMENT NO.A13-33) BETWEEN THE CITY OF CHINO HILLS AND • TIME WARNER CABLE ENTERPRISES LLC THIS FIRST AMENDMENT TO SERVICE AGREEMENT ("Amendment") is made and entered into on the date last signed below, by and between the CITY OF CHINO HILLS, a general law city and municipal corporation existing under the laws of California ("Customer"), and TIME • WARNER CABLE ENTERPRISES LLC, successor in interest to TIME WARNER CABLE PACIFIC WEST,LLC d/b/a Time Warner Cable, a Delaware limited liability company ("TWC"). RECITALS • A. TWC and Customer entered into that certain Service Agreement, dated July 9, 2013 (the "Service Agreement"), pursuant to which Service Agreement TWC provides certain Services to the Customer's locations identified on that certain Business Class Customer Service Order, dated July 9, 2013 (the "Service Order"), as more particularly set forth in the Service Agreement and the Service Order. Customer identifies the Service Agreement as Agreement No. A13-33. B. The Parties now desire to amend the Service Agreement and Service Order as more specifically set forth below. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, TWC and Customer amend the Service Order and the Service Agreement as follows: 1. Amendment. a. The Service Order is amended by terminating service for Founders Recreation Center so that the monthly recurring charge of$950 is deleted and upgrading service at City Hall from 20 Mbps to 200 Mbps with an increase of the Monthly Recurring Charge for City Hall from $1,150.00 to$2,100.00. Thus,City Hall 200 Mbps Service will continue at that Monthly Recurring Charge ($2,100.00) until March 11, 2017, and the remaining Service locations shall remain unchanged as shown on the attached Exhibit A. b. The resale restriction in Section 5.1 of the Terms and Conditions does not prohibit Customer from providing free of charge WiFi service to the public in and around Customer's facilities. City is solely responsible and liable for such WiFi services, and TWC has no obligation to provide End Users thereof with any service or support. 2. Counterparts. This Amendment may be executed in any number or counteiparts, each of which will be an original,but all of which together constitutes one instrument executed on the same date. 3. Effect of Amendment. Except as modified by this Amendment, all other terms and conditions of the Service Agreement and Service Order remain the same. 4. Definitions. All capitalized terms not otherwise defined in this Amendment shall have the same meanings ascribed to them in the Service Agreement. By signing and accepting below, the Parties acknowledge and agree to the terms and conditions outlined in this Amendment. Customer: TWC: City of Chino Hills Time Warner Cable Enterprises LLC r,� By: ( VV J— By: ..0fr-'°"-` Authorized Signature�br Customer Authorized SSignatur4for TWC Name:Konradt Bartlam Name: " '\ T Title: City Manager Title: ckA_6 -0 Date: fl'/$'/5 Date: `/1 t c 1 EXHIBIT A City of Chino Hills Data -'7,,, .J ,~i !�«j+ i ' - -, ,,�,rxY,'�i� �;'.;' y � p - `,. r�+ :.aJ' ,��y '� �- v!'.�d.2.: M1� ` `�� ",„r"„ hu to l City Hall 14000 City Center Dr 1 91709 8448400460304947 I Coax 110 N(1 SO).1 Box($0),6 DTA I $223.33 12/23/2014 1/12/2015 I 36 Months rvI 1/11/2018 City Hall Counsel Chambers 14000 City Center Dr 91709 8448208990003677 Coax 1 N(501,1 Box($0) $- NA NA NA NA City Hall 14000 City Centor Dr 91709 8448400460306819 Fiber 200M Internet $2,100.00 7/9/2013 10/4/2013 36 Months 3/11/2017 City Hall 14000 City Center Dr 91709 8448400460421139 Fiber HUB)Ethernet $- 7/9/2013 NA 36 Months NA City Halt 14000 City Center Dr 91709 8448400460440725 Fiber PRI $ 645.00 522/2014 8/26/2014 24 Months 8/252016 Grand Ave Park 1301 Grand Ava. 91709 8448400460336964 Fiber 10M Ethernet $ 710.00 7/9/2013 10/92013 36 Months 1018/2016 I Public Works/City Yard 15091 La Palma Dr. 91710 8448400460420479 Fiber 500M Ethernet $1,650.00 7/9/2013 12/17/2013 36 Months 12/16/2016 I Sheriff Substation I 14077 Peyton Or. 91709 8446400460458545 Coax 8 N(1 50),8 DTA $86.75 2/192015 2/20/2015 36 Months 2/192018