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Home My WebLink AboutReso 1975-7998Form No. 342 Rev. 3/74 RESOLUTION NO. 7998 RESOLUTION OF THE CITY COUNCIL OF THE CITY Or CHULA VISTA, APPROVING AGREEMENT BETWEEN TIDE CITY OF CHULA VISTA AND MISSION CABLE TV, INC. FOR THE INSTALLATION OF NECESSARY EQUIPMENT TO SUPPLY CABLE TELEVISION TO THE NEW CHULA VISTA LIBRARY AND AUTHORIZING THE MAYOR TO EXECUTE SAID Ai~REEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CLIULA VISTA, a municipal corporation, and MISSION CABLE TV, INC., for the installation of the necessary coaxial cables, amplifiers, splitters hardware, conduit, taps and transformers to supply cable television to the new Chula Vista Library dated the 10th daY of D r . 19 75 , a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved, BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he ~s hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vistas. Presented by Approved as to form by /~ ~ dot/. ~ ~~_', i William J. Robens, Director of George D. Lindberg, City Attorney Public Works ADOP'TrD AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of December , 197_, by the followinc vote, to-wit: AYES : Councilmen Hyde, Egdahl , Hami 1 ton NAPES : Councilmen Hobel , Scott AB: AT STATE OF CALIFORNIA) COUNTY OF SAN DIE~U) ss. CITY OF CEIULA VISTA) I, of Chula Vista, California, DO FEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED _, City Clerk of the City that the above is a full, and that the same has City Cler ~~; I'1//IISSION CABLE TV, INC. ;~;i~~~'L,~;!,~~;,, ~' ., ,~,` ~; `; LLt~ ! i,1 Ft1 2 3y CHULA VISTA PUBLIC LIBRARY STANDARD CONSTRUCTION AGREET4ENT Agreement made this tenth day of December 19 75 between MISSION CABLE TV, INC. (hereinafter "Company") of 1175 North Cuyamaca Street, El Cajon, California 92020 and ~Cit~of Chula Vista (hereinafter 'o"G ntractor or eve.oper o Post Office Box 1087, Chula Vista, California 1. Pu~os-e~of A re~ement. The purpose of this Agreement is to state the terms and con~ons under which Company will provide the facilities necessary to provide cable television service to the following proper- ties: Chula Vista Public Library 361 "F" Street Chula Vista, California 2. Not a Service Agreement. It is understood that this Agreement is for construction only. Service will be covered by a separate Agreement. 3. Company Agrees. Company hereby agrees to furnish all labor and materials necessary to do and perform in good worhnanlike manner the installation of necessary coaxial cables, amplifiers, splitters, hard- ware, conduit, taps and transformers to supply XXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXX~XXXX~Xcable television to eac o one ( -1- ) ~~~~ units at 361 "F" Street , Chula Vista , State of California 4. Company Guarantees. All labor and material is guaranteed for one (1) year against manu acturers' defects. This guarantee will not cover a1ry areas of installation beyond Company's direct control. 5. Governing Law. This Agreement shall be governed by the Laws of the State except where the Laws of the iJnited States have prece once. It constitutes the entire Agreement between the parties regarding its subject matter. If any provision in this contract is held by any court to be invalid, void or unenforceable, the remaining provi- sions shall nevertheless continue in full force and effect. (Continued) 79 9~ -3- 9. Contractor or DetiTel_o~er's jti'arranties. Contractor or Developer warrants than it a-~i s applies-for an o tame or L,Till apply for and obtain all license permits and franchises of whatever nature required by Federal, State or local regt>latory agencies and legislative bodies in order for Contractor or Developer to enter into this Agreement with Company; and in the event it should appear that Contractor or Developer has failed to comply with the requirement of -this paragraph, Company shall have the option, in addition to all others provided in this Agreement, to terminate or interrupt the Lti~ark called for under this Agreement. 10. No Agency. It is expressly understood that Contractor or Developer is an in~Cependent business organization in no way associated with Company and has no authority to act for or on behalf of Con~~any or to bind Company to an~r contract or in any otl-ier manner or to represent that it has any of the foregoing authority without the express approval in writing of Comps{ny. 1.1. Successors and Assi~. This Agreement shall. be binding upon and shall inure to t e benefit of Company and Contractor. or Developer and their respective successors and assigns, subject to the limitations on assign- ment provided. elsewhere in this Agreement. 12. Amendments. This instrument may not be amended orall.}T but only by an instrument in writing signed by the parties to the Agreement. This i.nstrt>rnent shall represent the entire agreement 1c~tLtieen. the parties and supersedes and. replaces any oral or verbal promises or statements by wl.omsoever made. It is the widerstanding of both. parties that Company does not guarantee Contractor or Developer any particular or general Learranties, director indirect, explicit or implicit, other than as specifically set forth in writing in this Agreement or any amendments to this Agreement. 13. Promotional Aaterial. Company shall have the right to request and Con- tractor or Developer shall submit all of Contractor. or De~reloper's pro- posed advertising and promotiona]_ material for Contractor or Developer's residential dwelling space or units referring to Company`s services prior to any actual use of said material by Contractor. or Developer. 14. Compliance with Law. Both parties shall perform their obligations and cni~t~'ies un-der tTi~greement in strict accordance Lt~ith Federal, State and ].Deal law arid. Laith the applicable regulations and policies, if any, of the Federal Corvnunications Conynission. 15. Disputes. If any action at law or in equity is necessary to enforce or interpret the teens of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disburse- ments in addition to any other relief to which said party may be entitled. (Continued) A SUBSIDIARY OF TRANS VIDEO CORPORATION 79~'~ ~4- 16. Safe ardin Comuan E ui merit. Contractor or Developer agrees that it will a equately sa esuar ompany's equipment and materials against others, and it will not hire or permit anyone other than authorized personnel to perform any work thereon. 17. Additional Services. If Contractor or Developer requires services of er t t ose specified in this Agreement, such additional services will be furnished at Company's established rates then in effect or, in the absence of established rates, at a reasonable charge to be determined by Company. 18. Services and Compensation. The services provided by Company and the payments or compensation if any, required of Contractor or Developer, are set forth in Schedules attached to this Agreement. 19. Acceptance. This offer, unless earlier revoked by the Company, may be accepteduntil 5:00 pm on 19 76 Accep- tance, to be effective, must e communicate to t e Company on or before the time and date indicated. Time is hereby declared to be of the essence in connection with acceptance of this offer. COMPANY: MISSION CABLE TV, INC. 13Y : ~! ~ _ DATED: December 10, 1975 CONTRACTOR OR DEVELOPER: CITY OF CHULA VISTA BY : ~ ~ ~,~, DATED: December 10, 1975 'TVC FORM N0. AD7Z035-1R rJ ~45~ I~i~®N ~A~L.E T®B'' INC. MAIL ADDRES5: 6225 FEDERAL EiLVD., SAN DIEGO, CALIFORNIA 92114 PHONE: 263-69E41 OR 263-6991 CORPORATE ^FFICES: ELEVEN SEVENTY-FIVE NORTH CUYAMACA 5T./EL CAJON, CALIFORNIA 92D2^ STANDARD CONSTRUCTION AGREEMENT EXHIBIT "2" MISSION CABLE TV, TNC. proposes to furnish all necessary materials and perform all labor necessary to provide cable television service too Chula Vista Public Library 361 "F" Street Chula Vista, California All work shall be done in accordance with the latest state-of-the-art, Federal Communications Commission rules and Mission's own technical specifications. City of Chula Vista agrees to pay Mission the sum of One thousand seven dollars and nineteen cents x$1,007.19 ~ to cover construction, engineering, technical maintenance and any miscellaneous items necessary to energize and maintain said system under the conditions of Paragraph 2 above. Payment to be made upon completion of Mission's work MISSION CABLE TV INC. ~e By December 10, 1975 Date City of Chula Vista By December 10, 1975 Date A SUBSIDIARY OF TRANS VIDEO CORPORATION--- • r ~) ~V11 S ~i l 0 !~1 C /Q-~ L. E T V, I Ie1 G. MAIL ADDRESS: 6225 FEDERAL BLVD., SAN DIEGO, CALIFORNIA 92114 PHONE: 263-6981 OR Z63-6991 CORPORATE ^FFICES: ELEVEN SEVENTY-FIVE NORTH CUYAMACA ST./EL CAJUN, CALIFORNIA 9ZO2^ INSTALLATION EXPENSE BREAKDOWN Material Labor Trenching Rec{uired $870.00 Less Difference in Bidding 225.00 Total Trenching Cost Total Reinbursement for Installation ~~~ v $197.58 164.61 645..00 $1.007.19 A SUBSIG~ARY OF TRANS VIDEO CORPORATION