HomeMy WebLinkAboutReso 26-2011RESOLUTION NO. 26 -2011
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
TRANSMIT A FINAL PAYMENT TO WA.VEDIVISION
HOLDINGS, LLC OF KIRKLAND, WASHINGTON, IN ORDER
TO COMPLETE THE CITY'S PAYMENT OBLIGATION FOR
BUILDING THE FIBER OPTIC NETWORK, IN AN AMOUNT
NOT TO EXCEED $58,000, AND APPROPRIATING $58,000
FROM THE INFORMATION TECHNOLOGY FUND RESERVES
TO THE 2010/2011 INFORMATION TECHNOLOGY
DEPARTMENT OPERATING BUDGET
WHEREAS, On March 10, 1999, the City of South San Francisco ( "City") and RCN Telecom
Services, Inc. ( "RCN ") entered into an Open Video Systems Agreement ( "Local OVS Agreement ");
and
WHEREAS, The Local OVS Agreement provided for RCN to build the City's "fiber optic
network ", and the City would pay for the cost of building the network, by using the "PEG" fees
collected by RCN; and
WHEREAS, on March 13, 2007, pursuant to the City's consent, RCN assigned all of its rights,
title and interest in the Local OVS Agreement to Astound; and
WHEREAS, Astound currently provides cable television and other lawful services to customers
in the City pursuant to the authority of the California Video Franchise Certificate, Franchise No. 0028,
as amended in the "State Video Franchise" agreement, issued in accordance with the Digital
Infrastructure and Video Competition Act ( "DIVCA "); and
WHEREAS, On March 10, 2011, the Local OVS Agreement will expire, and the outstanding
balance of $58,000 for constructing the City's fiber network will be due and payable ( "Outsanding
Balance "); and
WHEREAS, the PEG fees collected to date are not sufficient to pay off the Outstanding
Balance; and
WHEREAS, WaveDivision Holdings, LLC of Kirkland, Washington is the parent company
of Astound.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San
Francisco hereby authorizes the City Manager to transmit a final payment to WaveDivison
Holdings, LLC of Kirkland, Washington, in order to complete the City's payment obligations
pursuant to the Local OVA Agreement, in an amount not to exceed $58,000.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
South San Francisco hereby appropriates $58,000 from the Information Technology Fund Reserves
to the 2010/2011 Information Technology Department Operating Budget to make this final payment.
*
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a regular meeting held on the 23 day of February
2011 by the following vote:
AYES: Councilmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto,
NOES: None
ABSTAIN: None
ABSENT: None
Vice Mayor Richard A. Garbarino and Mayor Kevin Mullin