HomeMy WebLinkAboutResolution 2007-184 N.C.S. 11/05/2007 Resolution No. 2007-184 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO EXPA~iD SONIC.NET WI-FI PILOT
PROJECT AND EXECUTE FIRST AMENDMENT TO THE NON-EXCLUSIVE
INSTALLATION AND LICENSING AGREEMENT BETWEEN SONIC.NET AND THE
CITY OF PETALUMA
RECITALS
WHEREAS, Sonic.Net and the City have an implemented pilot project to install Internet
Wi-Fi in the Downtown Central Business District; and,
WHEREAS, the pilot project has shown promise as to the benefits to the City; and,
WHEREAS, other than minimal energy costs there is no direct cost to the City for the
pilot project; and,
WHEREAS, Sonic.Net will underwrite the full cost of equipment, installation and
operation; and,
WHEREAS, Sonic.Net and the City desire to expand. the scope and time of the pilot
project in order to validate earlier test data and test in additional locations.
NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized to
implement expansion of the pilot project by one year and to implement the testing to additional
radio technologies, locations and quantity.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the First
Amendment to the Non-Exclusive Installation and License Agreement between Sonic.Net and
the City of Petaluma, attached hereto as Exhibit A, to reflect the expanded pilot project at no cost
to the City.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 5`~ day ofNovember, form:
2007, by the following vote:
City Attorney
AYES: Barrett, Freitas, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Totliatt
NOES: None
ABSENT: Harris '
ABSTAIN: None y' n
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ATTEST: ~ ~
City Clerk M or
Resolution No. 2007-184 N.C.S. Page 1
FIRST AMENDMENT TO NON-EXCLUSIVE INSTALLATION AND LICENSING
AGREEMENT BETWEEN SONIC.NET AND TIIE CITY OF PETALUMA
THE NON-EXCLUSIVE INSTALLATION AND LICENSING AGREEMENT BETWEEN
SONIC.NET AND THE CITY OF PETALUMA dated October 23, 2006, between the City of
Petaluma, a municipal corporation and a charter city (hereinafter referred to as "CITY") and
Sonic.net, Inc., 2260 Apollo Way, Santa Rosa, California, a California corporation (hereinafter
referred to as "SONIC.NET") ("the Agreement") is hereby amended as follows:
1. Provision l .h, "Trial project proposal," shall be amended to read as follows:
h. Trial project proposal. SONIC.NET and CITY agree that this Agreement creates
a pilot project which will be conducted to evaluate the WiFi network and
customer/CITY interest. The duration of said pilot project shall be extended by
one (1) year.
2. Provision 2, "TERM," shall be amended to read as follows:
The term of this agreement shall be extended by one (1) year, unless it is earlier
terminated pursuant to Paragraph 12, and shall commence on the date of execution,
which is the effective date. Upon receipt of written termination notice, SONIC.NET will
have 30 days in which to remove its equipment from CITY light poles.
3. Provision 9.e, "Certificates," shall be amended to read as follows:
e. Certificates. The insurance required by Paragraphs A, B and D above shall be
evidenced by certificate or certificates submitted to CITY which shall be executed
by the insurance company or companies involved and which shall state that the
insurance evidenced thereby may not be terminated without 30 days' prior written
notice thereof being received by CITY. The certificate(s) shall be submitted to
CITY before or at the time SONIC.NET executes this Amendment #1 to
Professional Services Agreement and shall cover the extended trial period and
duration of this amendment.
4. The pilot project area shall be expanded as shown in Exhibit A attached hereto, to
generally include areas bounded by the Petaluma Turning Basin, the Petaluma Transit
Mall, the Petaluma Municipal Airport, and the Petaluma Downtown Business District.
Resolution No. 2007-184 N.C.S. Page 2
5. All other provisions of the Agreement shall remain in full force and effect.
THIS FIRST AMENDMENT.TO EXCLUSNE INSTALLATION AND LICENSING
AGREEMENT BETWEEN SONIC.NET AND THE CITY OF PETALUMA is hereby executed
this day of , 2007.
CITY OF PETALUMA CONSULTANT
By
City Manager Name
ATTEST:
Title
City Clerk Address
APPROVED AS TO FORM:
City State Zip
City Attorney Taxpayer I.D. Number
APPROVED:
Petaluma Business Tax Certificate Number
Department Director
APPROVED:
Risk Manager
APPROVED:
Administrative Services Director
1022735
Resolution No. 2007-184 N.C.S. Page 3