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CC Resolution No. 03-036RESOLUTION NO. 03-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERIM AGREEMENT WITH RICOCHET NETWORKS, INC. FOR PAYMENT OF POWER COSTS FOR WIRELESS RADIO REPEATER EQUIPMENT WHEREAS, on December 31, 1996, the City entered into a Non-Exclusive Installation and Service Agreement with Metricom, Inc., for the installation of wireless radio repeater equipment for Intemet access on City owned streetlights arms; and WHEREAS, Metricom has now abandoned said wireless radio repeater equipment and is unable to continue to honor its agreement with the City; and WHEREAS, Ricochet Networks, Inc. (RNI), has contacted the City to communicate an interest in this wireless Intemet system and desires to enter into an Interim Agreement with the City for the payment of power costs for the equipment in City right-of-way that was abandoned by Metricom; and WHEREAS, RNI has offered to pay the power costs for the radio repeater equipment from February 1, 2003 to May 31, 2003, until an agreement regarding use of the system is reached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute an Interim Agreement ~ith Ricochet Networks, Inc. on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of February, 2003, by the following vote: Vote Members of the City Council AYES: Chang, James, Kwok, Sandoval NOES: None ABSENT: Lowenthal ABSTAIN: None ATTEST: City Clerk (/