HomeMy WebLinkAboutC-6339 - Commercial Service AgreementM
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Commercial Service Agreement
1W21/20IS
,[Cox Account Rep: Pebbie nlenny
Pox System Address:
one Number: 49-b46-23W
E9941vent a De Las Banderas
ax Number: 77-873-0942
IlRanChO Santa Margarita, CA 92688
Customer Information
Authorized Customer Representative Information
egal Company Name:
lNewport Beach Police Dept.
Full Name:
John Veale
treet Address:
1870 SANTA BARBARA DR
illing Contact:
Man Alonzo
ity/State/Zip:
EWPORT BEACH, CA - 92660
Fax:
illing Address:
70 Santa Barbara Dr.
ontact Number:
49-644-3649
ity/State/Zip:
EWPORT BEACH, CA - 92660
mail Address:
veale@nbpd.org
ox Account #:
788 301
Taxes and Fees Not Included
Service Description
Prev
QTY
New
QTY
Unit
Price
Term
Months)
Service Charges
Monthly
Recurring
One Time Activation & Setup
Fees
Cox Business TV Expanded - DTA Pro Install
0
1
74.98
36
74.98
0.00
Cox Business TV Expanded - DTA Pro Install
0
35
5.99
36
209.65
0.00
CBI 50-50Mbps x 10Mbps
0
1
279.00
24
279.00
0.00
- Additional Features
0
0.00
0.00
0.00
Cox Optical Internet 50 Mbps
0
1
1,350.00
24
1,350.00
0.00
-Additional Features
0
0.00
1
1 0.00
0.00
Totals:
I
I
1
1 1.913.63
0.00
Equipment Charges
Description
Quantity
Unit Price
Total Fee
f you are purchasing Dedicated Service Facilities.
Merge Bill
or Dedicated Service Facilities (e.g. Private Une Type Services, Ethernet Services). By Initialing here and signing below,
ustomer represents that at least 10% of the traffic an the designated circuit(s) is Inter -State in nature or is Internet traffic.
Special Conditions
Renew24 months. Notwithstanding anything to the contrary contained in the Service Terms, General Terms, or any other provision of this Agreement, Cox
cknowledges that Customer shall have no obligation to indemnify or reimburse Cox for any attorneys' fees incurred by or through Cox in connection with any
ispute or legal action arising between the parties in connection with this Agreement or the Services. Cox affirmatively waives all such rights with respect to
Customer.
Promotion Details
y signing this Agreement, you represent that you are the authorized ustomer representative and the information above is true an
correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other
terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and
Federal regulations, the General Terms located at http://ww2.cox.com/aboutus/policies/business-general-terms.cox, and the Cox
Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms
by signing this Agreement. Customer acknowledges and accepts that Customer is solely responsible for protecting its network, equipment
and the software through the use of firewalls, anti -virus and other security devices. Customer further acknowledges and accepts that
Customer is solely responsible for fraudulent activity and related charges that result from Customer's failure to protect its network,
equipment and the software. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above
do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided
Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other
termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if
Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or
decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term.
Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable
to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's
installation of Service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall
be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the
Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms.
Customer Authorized Signature
Cox Communications California, LLC; Cox California Telcom, LLC
Signature: CSC
Signature:
Print: I't.S0 IL
Print:
Title Position: P 0
Title Position:
Date:
Date:
This "Agreement" Includes the terms and conditions (1) on the previous page
or, if in the Cox Business e-commerce environment, as selected above (the
"Cover Page"); (ii) on this page, including without limitation all policies and
terms incorporated into this page (the "Service Terms"); and (ill) set forth at
http://ww2.cox.com/aboutus/policies/business-general-terms.cox (the
"General Terms").
1. Tariffs/Service Guide If Customer is purchasing any Service that is
regulated by the FCC or any State regulatory body ("Regulated Service"),
then Customer's use of such Regulated Service is subject to the regulations
of the FCC and the regulatory body of the State In which the Customer
location receiving the Regulated Service Is located (which regulations are
subject to change), as well as the rates, terms, and conditions contained in
tariffs on file with State and Federal regulatory authorities. For States where
the Regulated Service is de-tariffed, the Regulated Service is provided
pursuant to the rates, terms and conditions for the Cox Service Guide for
that State (the "SG"), which may be found at
http://ww2.cox.com/business/voice/regulatory.cox and which terms are
incorporated herein by reference. Cox may amend such tariffs and the SG
and the Regulated Service shall be subject to such tariffs, or, If applicable,
the SG, as amended. Customer must disclose to Cox if Customer Intends to
use the Regulated Services with payphone service. The tariffs and the SG
contain cancellation or termination fees due in the event of cancellation or
termination (including partial termination) of a Regulated Service prior to the
Term selected on the Cover Page. Termination fees include, but are not
limited to, nonrecurring charges, charges paid to third parties on behalf of
Customer, and the monthly recurring charges for the balance of the Term.
2. E911 Services FOR IMPORTANT INFORMATION ABOUT COWS 911
PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN
THE GENERAL TERMS AND ON THE WEBSITE http
-//ww2.cox.com/huNnesc/voice/re0nlatnrv.cox. ONLY THE EMTA WILL HAVE
BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR
BATTERY BACKUP FOR THE IAD, ESBC, ATA AND ALL CUSTOMER
EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S
TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS
USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY
COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD
ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE.
IF THE EMTA, ATA, ESBC OR [AD THAT SUPPLIES YOUR TELEPHONE
SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT
CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911,
WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE
FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911
OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA,
ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID
DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES
YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR
E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR [AD INSTALLED IN YOUR
BUSINESS IS MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR
CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE
OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 BUSINESS
DAYS FOR YOUR NEW ADDRESS TO BE UPDATED.
3. Service Start Date and Term This Agreement shall be effective upon
execution by Customer and "Acceptance" by Cox (as such term Is defined on
the Cover Page). The "Initial Term" shall begin upon installation of Service
and shall continue for the applicable Term commitment set forth on the
Cover Page. However, if Customer delays installation or is not ready to
receive Services on the agreed -upon installation date, Cox may begin billing
for Services on the date Services would have been installed. Cox shall use
reasonable efforts to make the Services available by the requested service
date. Cox shall not be liable for damages for delays in meeting service dates
due to install delays or reasons beyond Cox's control. if Customer delays
Installation for more than ninety (90) days after Customer's execution of this
Agreement, Cox reserves the right to terminate this Agreement by providing
written notice to Customer and Customer shall be liable for Cox's reasonable
costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL
AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED
TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION
NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE
INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the
initial Term and Extended Term (s), if any. Cox reserves the right to
increase rates for all Services by no more than ten percent (10%) during any
Extended Term by providing Customer with at least sixty (60) days written
notice of such rate increase. This limitation on rate increases shall not apply
to video Services or Services for which rates, terms and conditions are
governed by a Cox tariff or SG. Upon notice to Customer, Cox may change
the rates for video Services periodically during the Term. Cox may change
the rates for telephone Service subject to a Cox tariff or SG periodically
during the Term. For the avoidance of doubt, promotional rates and
promotional discounts provided to Customer will expire at the end of the
initial Term or earlier as set forth in the promotion language. Customer's
payment for Service after notice of a rate increase will be deemed to be
Customer's acceptance of the new rate.
4. Termination Customer may terminate any Service before the end of the
Term selected by Customer on the Cover Page; provided, however, if
Customer terminates any such Service before the end of the Term (except
for breach by Cox), unless otherwise expressly stated in the General Terms,
Customer will be obligated to pay Cox a termination fee equal to the
nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the
monthly recurring charges for the terminated Service(s) multiplied by the
number of full months remaining In the Term. This provision survives
termination of the Agreement. If there is signal interference with any Cox
Service(s), Cox may terminate this Agreement without liability if Cox cannot
resolve the interference by using commercially reasonable efforts.
S. Payment Customer shall pay Cox all monthly recurring charges ("MRCs")
and all non -recurring charges ("NRCs"), if any, by the due date on the
Invoice. Any amount not received by the due date shown on the applicable
Invoice will be subject to Interest or a late charge no greater than the
maximum rate allowed by law. If Cox terminates this Agreement due to
Customer's breach, or if Customer falls to pay any amounts when due and
fails to cure such non-payment upon receipt of written notice of
non-payment from Cox, Customer will be deemed to have terminated this
Agreement and will be obligated to pay the termination fee described above.
If applicable to the Service, Customer shall pay sales, use, gross receipts,
and excise taxes, access fees and all other fees, universal service fund
assessments, 911 fees, franchise fees, bypass or other local, State and
Federal taxes or charges, and deposits, Imposed on the use of the Services.
Taxes will be separately stated on Customer's invoice. No Interest will be
paid on deposits unless required by law.
6. Service and Installation Cox shall provide Customer with the Services
Identified on the Cover Page and may provide related facilities and
equipment, the ownership of which shall be retained by Cox (the "Cox
Equipment"), or for certain Services, Customer, may purchase equipment
from Cox ("Customer Purchased Equipment. Customer is responsible for
damage to any Cox Equipment. Customer may use the Services for any
lawful purpose, provided that such purpose: (i) does not Interfere or Impair
the Cox network or Cox Equipment; (ii) complies with the AUP; and (III) is In
accordance with the terms and conditions of this Agreement. Customer shall
use the Cox Equipment only for the purpose of receiving the Services.
Customer shall use Customer Purchased Equipment in accordance with the
terms of this Agreement and any related equipment purchase agreement.
Unless provided otherwise herein, Cox shall use commercially reasonable
efforts to maintain the Services in accordance with applicable performance
standards. Cox network management needs may require Cox to modify
upstream and downstream speeds. Use of the data, Internet, web
conferencing/web hosting Services shall be subject to the AUP at
http://ww2.cox.com/aboutus/policies/business-policies.cox, which is
Incorporated herein by reference. Cox may change the AUP from time to
time during the Term. Customer's continued use of the Services following an
AUP amendment shall constitute acceptance of the revised AUP.
7. E-Rate Customers If Customer is an educational Institution, library or
other entity that qualifies as an applicant seeking reimbursement under the
Federal Universal Service Fund Schools and Libraries Program (collectively,
"E-Rate Customers"), the E-Rate provisions of the General Terms will apply,
In addition to all other terms and conditions of this Agreement.
8. General Terms The General Terms are hereby incorporated into this
Agreement by reference. Cox, in its sole discretion, may modify, supplement
or remove any of the General Terms from time to time, without additional
notice to Customer, and any such changes will be effective upon Cox
publishing such changes on the website listed above. BY EXECUTING THIS
AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER
ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE
BOUND BY THE GENERAL TERMS.
9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE
LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF
ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR
FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR
SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE
LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON
ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS
CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL
COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM
THIS AGREEMENT OR ITS PROVISION OF THE SERVICES.
10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE
NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS
OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES
PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT
THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR
WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX
MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR
DOWNSTREAM SPEEDS OF THE NETWORK.
11. Public Performance If Customer engages in a public performance of
any copyrighted material contained in any of the Services, Customer, and
not Cox, shall be responsible for obtaining any public performing licenses at
Customer's expense. The Video Service that Cox provides under this
Agreement does not include a public performance license.
APPROVED AS TO FORM:
CITY ATTORNEYS OFFE
Date: to /a.t Z i 5
Co'/Business'
Cust Account N:
Sales Rep: Debbie Glenny
CUSTOMER INFORMATION
Customer Name: Newport Beach Police Dept.
Doing Business As:
Service Address: 870 SANTA BARBARA DR
City/State/Zip: NEWPORT BEACH, CA - 92660
Orden Summary
Sales Phone: 949-546-2309
Sales Fax: 877-873-0942
AUTHORIZED CUSTOMER CONTACT INFORMATION
Ordered By: John Veale
Ttitle: Primary Contact
Business Phone: 949-644-3649
Coll Phone: 287-9115
Business Fax:
E-Mail Address: jvcale@nbpd.org
All Totals:
$1,913.63
$0.00
S0.00
Product Name jQty
I
Term
Action
MRC
NRC
I Network Interface fee
Cox Business TV Expanded - DTA Pro Install 1
1
36 1
Qualify574.98
$0.00
$0.00
Product Name
Qt
Term
Action
MRC
NRC
Network Interface fee
Cox Business TV Expanded - DTA Pro Install
35
36
0
qualEP
S209.65
moo
$0.00
Product Name
Qt
Term
Action
MRC
NRC
Network Interface fee
CBI 50-51)NIbps x 10fvtbps Bundled
2-1.
in
Prequa
lily
S279.00
50.00
S0.00
Product Name
Qt
Term
Action
MRC
NRC
Network Interface fee
Cox Optical Internet 50 Pabps
1
2.1
0'/
Prequa
51,350.00
S0.00
50.00
Service Codes
Address Price
i 6'illino Code tune Description Qtv I
Service Codes
Address
Billing Code
Type
Description
Qt
Price
870 SANTA BARBARA DR, NEWPORT BEACH,
27101
P,1RC
Cox Business TV Starter
1
524.00
CA - 92660
870 SANTA BARBARA DR, NEWPORT BEACH.
27111
tvIRC
Business TV Expanded Service
1
$48.99
CA - 92660
870 ANTA BARBARA DR, NEWPORT BEACH,
27808
Install
Business TV Receiver Install
1
50.00
CA - 92660
870 'ANTA BARBARA DR, NE4VPORT BEACH,
27324
t`1RC
Business Vid Faith &Values Tier
1
S0.00
CA - 92660
870 SAN I A BARBARA R. N -4VP BEACH,
27695
P:1RC
Business TV Digital Adapter
1
S 1.99
CA - 92660
Service Codes
Address
Billing Code
Typo
Description
Qt
Price
870 SAN (A BARBARA DR, NE�PJPORT BEACH,
27101
h�1RC
Cox Business TV Starter
35
52.00
CA - 92660
870 SANTA BARBARA DR, NEWPORT BEACH,
27111
r�1RC
Business TV Expanded Service
35
52.00
CA - 92660
870 SANTA BARBARA DR, NEWPORT BEACH,
27808
Install
Business TV Receiver Install
35
S0.00
CA - 92660
870 SANTA BARBARA R, N 4VP BEACH,
27324
P,1RC
Business Vid Faith �`k Values Tier
35
MOOCA
- 92660
87 SANTA BARBARA R, NEWPORT BEACH,
P7695
Pv1RC
Business TV Digital Adapter
35
S1.99
CA - 92660
Service Codes
Address
Billing Code
Type
Description
Qt
Price
870 SAN TF. BARBARA DR, NL=WPORT BEACH,
CA - 92660
20501
P.IRC
Cox haail Premium 5 Mailboxes-10 GB
2
50.00
870 SANTA BARBARA DR, NL=+.,?rPORT BEACEt.
CA - 92660
40750
Install
Regular Install
1
50.00
870 SAN TA BARBARA DR, NEWPORT B=ACFi,
CA - 92660
43007
P.1RC
CBI 50
(1
S279A0
Feature Codes
Address
Billin Code
Type
Description
Qtv I Price
870 SAN (A B.ARBA UR, NE`rVP I' BEAU f-r'
CA - 92660
10202
� E,;::C
Static EP Address -Included
1 S0.00
870 SANTA BARBARA DR, NEWPORT BEACH, CT
-92660
18240
MRC
Cox Optical Internet 50 Mbps
1
$1,350.00
870 SANTAA A DR, NEWPORTBEACH,
CA - 92660
2883
Install
Cox Optical Internet Installation
1
$0.00
70 SANTA BARBARA D, N A H,
CA - 92660
21900
Equipment
COI Equipment
1
$0.00
Feature Codes
Address
BiIlin Code
T e
Description
Qt
Price
870 SANTA BARBARA DR, NEWPORT BEACH,
CA - 92660
18622
MRC
IP Address Block -l28 (16 IPs)
1
S0.00